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HomeMy WebLinkAbout05513 - PALM SPRINGS MODERN HOMES VI LLC AGR RE MAINT OF PROPERTY PRIOR TO ANNEXATION TO PROJECT TTM 33162 Cindy Berardi From: Vonda Teed Sent: Tuesday, May 29, 2018 7:39 AM To: Cindy Berardi Cc: Tabitha Richards Subject: RE:A5513 Palm Springs Modern Homes VI LLC Close this one also. Vonda L. Teed �/ J Engineering Secretary City of Palm Springs �7( Engineering Services Department 760-323-8253 X8737 From: Cindy Berardi Sent: Thursday, May 24, 2018 10:23 AM To: Vonda Teed Cc: Tabitha Richards Subject: A5513 Palm Springs Modern Homes VI LLC Is it OK to close this one out? I've attached the agreement in case more detail is needed. 1 DOC # 2009-0083305 02/20/2009 08:OOA Fee:NC Page 1 of 37 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder RECORDING REQUESTED B1 ) I IIIIII IIIIIII IIII IIII III II I III IIII III IIII IIII IIII AND WHEN RECORDED MAIL TO: ) 1 City of Palm Springs s R u PAGE size on Mise LONG RFD coPv 3200 East Tahquitz Canyon Way I �" Palm Springs, California 92263 EXAM M A L 465 426 PCOR NCOR SMF NCH Attention: City Clerk T cry uNI Zxcmpl From Rccordmg Fee Pursuant to Govmmenc Code Section 27353 f (; 1 AGREEMENT REGARDING MAINTENANCE OF PROPERTY PRIOR TO ANNEXATION TO PROJECT This Agreement Regarding Maintenance of Property Prior to Annexation to Project (the "Agreement") is entered into this _Jft day of \ 2007, by and between the City of Palm Springs, a California charter city(the"City")and Palm Springs Moderns Homes VI, LLC,a California limited liability company (the "Declarant'). The City and the Declarant are each referred to herein as a"Party" and sometimes collectively as"Parties." RECITALS A. Declarant is the owner of that certain real property located within Tract No. 33162 in the City of Palm Springs, County of Riverside, State of California, more particularly described on Exhibit"A"attached hereto and incorporated herein (the "Additional Property"). B. The Additional Property is subject to conditions of approval imposed by the City of Palm Springs on Tentative Tract Map No. 33162, dated September 20, 2006, and attached hereto at Exhibit"B"and incorporated herein(the"Conditions of Approval"). C. Pursuant to the Conditions of Approval, a declaration of covenants, conditions and restrictions covering all of the real property within Tract No. 33162, including the Additional Property, (the "CC&Rs") must be approved by the City and recorded prior to approval of Final Tract Map,No_ 33162 by the City. D. Pursuant to the Conditions of Approval, the CC&Rs must contain certain maintenance standards, use restrictions, and other City requirements applicable to all of the real property within Tract No. 33162, including the Additional Property. 1 534930.1 E. Declarant has submitted draft. CC&Rs to the City for review and approval, which draft CC&Rs are applicable only to that portion of the real property within Tract No_ 33162 described in the CC&Rs as the "Property," and which provide Declarant with the option to subsequently "annex" some or all of the Additional Property to the Project and make such portions of the Additional Property subject to the CC&Rs. F_ Declarant desires to finance and construct the Project in phases, as described in the CC&Rs, and to expeditiously obtain the City's approval of the CC&Rs. G. City desires to ensure that all of the real property within Tract No. 33162, including the Additional Property, is maintained and used in accordance with the Conditions of Approval- H. City and Declarant desire to set forth the terms and conditions pursuant to which the City will approve the CC&Rs submitted by Declarant. NOW, THEREFORE, based on the Recitals and in consideration of the mutual promises and covenants herein, the Parties agree as follows: AGREEMENT 1. Maintenance and Use of Additional Property Not Subject to CC&Rs 1.1 Declarant agrees to maintain, use, and develop all portions of the Additioatl Property in accordance with all applicable provisions of the Conditions of Approval. 1.2 Declarant agrees to maintain, at its own expense, the Additional Property, including any improvements thereon, in a first class condition, free from waste and debris, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction. 13 Compliance with Water Quality Regulations. The Declarant agrees to use and maintain the Additional Property in full compliance with the provisions of the National Pollution Discharge Elimination System("NPDES")Permit issued for the Whitewater River Region by the Colorado River Basin Regional Water Quality Control Board ("RWQCB"); any and all applicable water quality regulations of the RWQCB, the City (including, but limited to, Chapter 8.70 of the Palm Springs Municipal Code), and/or any other governmental agency; and/or any water quality management plan or similar document submitted to and approved by the City, as such permits, regulations, or documents may be amended. In addition, the Declarant agrees to fund, implement, operate and maintain any and all post-construction best management practices ("BMPs") on or applicable to the Additional Property related to the treatment of storm water runoff and/or the prevention of illicit discharges into the City's municipal separate storm sewer system pursuant to an NPDES Permit issued by the RWQCB, and all applicable federal, state 2 YJ730.1 IlgllI IIIIIII IIIIII�I I�IIII IIIIII IIIII III IIIII I II II I 02 2602e9S 8 OGA and/or local regulations, and/or any applicable water quality management plan or similar document approved by, and on file with,the City. 2_ Release Upon Annexation of Portion(s) of Additional Property Upon annexation of any portion of the Additional Property by Declarant to the Project such that it becomes subject to the CC&Rs approved by the City, the City agrees to execute a release in a form approved by the City Attorney releasing Declarant from its obligations under this Agreement with respect to such annexed portion of the Additional Property. Upon recordation of such a release executed by the City,this Agreement shall be of no force and effect with respect to such annexed portion of the Additional Property. 3. City A royal of Supplemental Declaration of Annexation Any Annexation Document or similar document prepared by Declarant for purposes of annexing any portion of the Additional Property to the Project and making it subject to the CC&Rs shall be submitted to and approved by the City prior to recordation. 4. City Approval Required for Deannexation Prior to deannexing any portion of the Additional Property pursuant to the CC&Rs so as to cause such portion of the Property to no longer be subject to the CC&Rs, Declarant shall obtain prior written consent of the City (through its City Manager or his authorized representative)_ The City may impose appropriate conditions on its consent reasonably necessary to ensure that the Conditions of Approval will continue to be applicable to and enforceable on the Additional Property and the owners thereof. 5. Term and Termination This Agreement shall continue in force and effect until such time as all portions of the Additional Property have been annexed to the Project and made subject to CC&Rs approved by the City or the Agreement is terminated by mutual written agreement of the Parties. 6. Obligations Accrue to the Land. The Parties expressly agree that this Agreement shall run with the land and shall be binding upon all subsequent purchasers, grantees, donees, lessees, successors, and/or assigns ("Successor Owners") of all or any portion of the Additional Property, and if Declarant or Successor Owners fail to abide by this Agreement, then the obligations set forth herein shall become a lien on the Additional Property. Declarant hereby agrees to provide actual notice of this Agreement and its terms to all such Successor Owners- 3 534930 1 IIIIII II I I II II IIIII IIIIII I II III II II II ee2 0 0 ecof 37 eoR 3 0£ 8 7. Declarant's Default. 7.1 QLty Enforcement. In the event Declarant is in default under this Agreement, the City may enforce this Agreement against Declarant pursuant to any administrative, legal, or equitable remedy to which it may by entitled. including any remedies pursuant to the City's Municipal Code. 7.2 Specific Performance. In the event Declarant is in default, in addition to whatever other rights the City may have in law or at equity, or as otherwise provided in this Agrecmenr„ the City may seek to specifically enforce the obligations of the Declarant under this Agreement 73 City Right to Perform Maintenance. In addition to whatever other rights cr remedies it may have for Declarant's default hereunder, in the event Declarant shall fail to adequately maintain any portion of the Additional Property pursuant to this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Declaraut shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right, but not the obligation, to enter onto the Additional Property and perform the necessary maintenance by force account or contract or both and thereupon recover from Declarant the full cost and expense thereby incurred by City. Any such costs and expenses incurred by City which are not satisfied by Declarant shall constitute a lien against the Additional Property. 7.4 Attorney's Pees and Costs_ In the event that Declarant fails to perform any obligation under this Agreement, Declarant agrees to pay all costs and expenses incurred by City in securing performance of such obligations. including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Declarant's performance of its obligations under this Agreement, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a patty entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted -Lo judgment. 7.5 No Waiver. The failure to, or delay in giving notice of a default shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies under this Agreement. In addition, delays by either Party in asserting any of its rights and remedies, shall not deprive either Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 4 5349.10 I�IIII IIIII�I IIII IIII IIII�I I�IIII IIII IIIlIII IIII IIII 02 20,1 89�37A00R S. Applicable Law and Venue. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Furthermore, the Parties agree to venue in the Courts of Riverside County, California. 9. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 10. 5everability. If any part of this Agreement is declared by a final decision of a court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The parties declare that they intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid. 11. Counterparts. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument 12. Authority of Signatories to Agreement. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on behalf of the Parties for which execution is made. Each Party represents and warrants to the other that the execution of this Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 13. Notices,Demands and Communications between Parties. .All notices, demands, consents, requests and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a) when hand delivered to the other party; (b) three (3) Business Days after 5 534'130,I II�NIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII pill 1IIII1II 02 20020 9�3j�BRR such notice has been sent by United States mail via certified mail, return receipt requested, postage prepaid, and addressed to the other party as set forth below; (c) the next Business Day after such notice has been deposited with a national overnight delivery service reasonably approved by the parties (Federal Express, United Parcel Service and U.S. Postal Service are deemed approved by the parties), postage prepaid, addressed to the party to whom notice is being sent as set forth below with next business day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery service provider. Unless otherwise provided in writing,all notices hereunder shall be addressed as follows: If to the City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92263 Attention: City Manager With a copy to: City Attorney City of Palm Springs Woodruff, Spradlin& Smart 701 S. Parker Street, Suite 8000 Orange, CA 92868-4760 Attn: Douglas C. Holland If to the Declarant: Palm Springs Modem Homes VI, LLC C/O 5 KDS Corp. P.O. Box 1587 Palm Springs, CA 92263 Attn: Dennis A. Cunningham Any parry may by written notice to the other party in the manner specified herein change the address to which notices to such party shall be delivered or the party to whose attention such notices shall be directed. 14. Binding Upon Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 15. Effective Date. The Effective Date of this Agreement shall be the date when this Agreement has been executed by the Declarant and City, which shall be the date first set forth above. 6 534930.1 IIIII III�III IIII IIII IIIII IIIII(IIII III IIIII IIII IIII 02?2 0 2 oi'009 30�00P IN WITNESS WHEREOF,the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS James Thompson, City Clerk David H. Ready, it r APPROVE TO FORM: APPROVED BY CITY MANAcCR Ok h 8l'11\ �-a D•D� ��\� ou las Holland, City ttorney DECLARANT: PALM SPRINGS MODERN HOMES VI, LLC, A California Limited Liability Company By: 5 KDS CORP., a California corporation Its Managing Member Check one: ,Ind al_Partnership µCorporation* _Company *Note, for orp tions, two corporate officers must sign this Agreement, as indicated below; for al ers, thorized age must "gn . greement. By: By: e not Signature(not d) Name: Name: i'P/Y 77-�. �/%NCtrr✓r Title: Title: 4&T/"T7-1n= TC�fRafllie, (For Corporations, this document must be For Corporations, this document must be signed in the above space by one of the signed in the above space by one of the following: Chairman of the Board, President following: Secretary, Chief Financial Officer or any Vice President) or any Assistant Treasurer) 7 534930 I IIIIII�IIII�I IIII IIII IIIIII II�III II�II III IIII�II I IIII 02 8a6 2 Of 37 e00R ALL-PURPOSE ACKNOWLEDGMENT State of_C0 (i:bow' . CAPACITY CLAIMED BY County of SIGNER On yA ne 1Cl Y Zco� before me, u �ua)3e� 1Jc71zez.y J Date Name, Ti I6 ofQ ricer G INDIVIDUAL(S) personally appeared F rr V c�- �imce F l�nn s Cwini GCORPORATE NAME(S) OF SIGNER(S) OFFICER(S) G personally known to me - OR— TITLE(S) c proved to me on the basis of satisfactory evidence to be the GPARTNER(S) persons(s) whose name(s) is/are subscribed to the within GATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed GTRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by GSUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the roUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the GOTHER instrument. Witness my hand and official seal. v A AC J. DOUGHERTY SIGNER 15 REPRESENTING: pp C 1MM.N 1732211 r^ n ota VI NOTARY�OCLIC•CAIIFORNIA N RR'ERSIOE COUNtt MY COMM EAR MAR 16 2011 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. �1 THIS CERTIFICATE Title or Type of Document �alrlrl� v�c� YC�� P.rvbv MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 8 534930 1 III�III��IIIIIIIIIIIIIIIII�IIII�IIII�IIIIIIII�IIIIIIIII 9220,12989g of 37 s,es, ADDITIONAL PROPERTY Those portions of Lots 1 and 2 as shown in Module 1 on the Condominium Plan for Tract No. 33162, in the City of Palm Springs, as per Map filed in Book 42� _ , Pages 1 S--20 inclusive, of Maps, in the Office of the County Recorder of Riverside County. 9 5349301 IIIII II IIII III I I II IIIIII �� I��II III 02 20090of 38�00R EXHIBIT "B" CON DMONNS OF APPROVAL io 531930,1 II I I I I IIIIII IIIIIII IIII 1111 HIM 111111111111111111111111111 ezree0IQ seOP 37 sA ''rem CPF PALM Won PPRUM Elie PLANNEXCOMISSIGH APPOVED RAT 07,COUP101 EXHIBIT A Ca5e�.�11� (Ratak ��lnitial E CUP 5.1103, MAJ 3.2941, TTM 1lWa ian#—hl\—Ordinance # Palm Springs Modern Homes VI, LLCAPPROVAL SUBJECT TO ALL REQUIRED CONDITIONS BY ABOVE BODIES Southwest Corner of North Palm Canyon Drive and Tram Way 2855 North Palm Canyon Drive CONDITIONS OF APPROVAL September 20, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney_ PROJECT SPECIFIC CONDITIONS i Administrative 1_ The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map 33162, Major Architectural 3.2941 or Conditional Use Permit 5.1103. 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- 1 IIIIII II I I II III II III 11111111111 II II azfzFo ides$e 7OEM 11 0£ 37 Conditions of Approval CUP 5.1103, MAJ 32941, TTM 33162 Page 2 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt_ Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland_ The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM III-1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal Code) requires a Dust Control plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the following: III IIII II 1111 II 111111111111 II III 1 III 02�0a 1009 63305 37 2 0£ 37 Conditions of Approval CUP 5.1103, MAJ 32941, TTM 33162 Page 3 o Adequate watering techniques shall be employed to partially mitigate the impact of construction generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at th e end of the day. o The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area- * Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize blowsand. o Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second i smog alerts- * Construction access roads shall be paved as soon as possible and cleaned after each workday. o All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. o A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to SCAQMD after approval_ • MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. • MM III-3 The City shall notify the SCAQMD within 10 days of the completion of earth moving activities. • MM III-4 Construction signage in conformance with City standards shall be posted on Tram Way, San Marcos Way and Palm Canyon Drive regarding the reporting of blowing dust on the site. • MM III-5 Earth moving operations shall include a water application system while earth moving is active- IIIIII IIII1II IIII IIII IIIIII IIIIII I III III IIII I III IIII eei e09 o of e3? Conditions of Approval CUP 5.1103, MAJ 32941, TTM 33162 Page 4 • MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. • MM-III-7 Construction access roads shall be paved as soon as possible and cleared after each workday. • MM-III-8 Paving activities and use of equipment for construction of buildings shall not be used concurrently. • MM V-1 An Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing activities. • MM V-2 Should cultural resources be encountered •during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction_ • MM V-3 The petroglyph-bearing rock found in the project area, as described in the study by CRM Tech (September 2004), shall be collected, analyzed and if necessary, properly curated. The Agua Caliente Band of Cahuilla Indians shall be notified of the find. • MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion into the Agua Caliente Cultural Register. • MM VI-1 Prior to the initiation of site grading, a meeting will be held between the project sponsor and the Soil Engineer shall be held at the site to assure a complete understanding of the recommendations included in the Geotechnical Investigation. • MM VI-2 Imported fill materials shall have an Expansion Index not exceeding 20, The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources. IIIIIIII�III�IIIIIIIII�IIIIII�IIIIIII�IIIIIII�IIIIIIIII 02 20024098E3090R Conditions of Approval CUP 5,1103, MAJ 3.2941, TTM 33162 Page 5 • MM VI-3 Tests and observations shall be performed by the Soil Engineer during the grading process. Field density testing shall be performed to assure that compaction is a minimum 90 percent of the maximum dry testing as obtained through ASTM test methods. Additional compaction shall be required should testing results indicate insufficient density. • MM VIII-1 The project applicant shall create an On-site retention or other facilities approved by the City Engineer that shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for Tentative Tract No. 33162, prepared by MSA Consulting, Inc. on May 11, 2006. • MM VIII-2 The project applicant shall obtain coverage under the State of California General Permit for Discharges of Storm Water Associated with Construction Activity. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre- treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. • MM XI-1a A six foot high barrier shall be installed around the private open space of first floor units in Buildings B1, B2, B3, E1 and F1 that face North Palm Canyon Boulevard. • MM XI-2 A four foot high wall shall be installed on all second floor balconies for each unit in Buildings B1 through B3, E1 and F1 and for the eastern-most unit of Building Al. III IN ez�z�9a0sa37 Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 6 • MM XI-3 A six foot high barrier shall be installed for Pool A along the side adjacent to North Palm Canyon Drive. • MM XI4 All barriers shall be solid from top-to-bottom, except for drain holes. The following materials may be used for the construction of this barrier: o Masonry Block o Stucco on Wood Frame o '14" Plywood o '/a° Glass or '/2" LEXAN o Earth Berm The preceding materials may be used in any combination. Other materials may be used that are rated 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning Commission. • MM XI-5 Air Conditioning units shall be installed in all units in Buildings 81 through B3, El and F1 and the eastern-most unit of Building Al. • MM XI-6 All windows in Buildings B1 through B3, El and F1 and the eastern-most unit of Building Al shall be installed with dual- pane windows with a Sound Transmission Class (STC) rating of 35 or higher. • MM XI-7 Construction activities shall be limited to between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74,041), to reduce noise impacts during more sensitive time periods. • MM XI-8 The perimeter wall on the western and northern property lines shall be installed immediately following precise grading of the site, if not sooner. • MM XI-9 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. • MM XI-10 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. I 1111111111111111111111111111111111111111111111111 evze0I eof 3? aR Conditions of Approval CUP 5.1103. MAJ 32941, TTM 33162 Page 7 • MM XI-11 Stockpiling and vehicle staging areas shall be located in the northeastern portion of the property, as far away from existing residential units as possible. • MM XI-12 Parking, refueling and servicing operations for all heavy equipment and on site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. • MM XI-13 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. + MM XV-1 The south side of Tram Way shall be constructed to its General Plan width, as approved by the City Engineer. • MM XV-2 The project proponent shall pay a "fair-share" contribution of 10.9% of the cost of geometric modifications and street improvements as necessary to widen the western portion of the San Rafael Drive and Indian Canyon Drive intersection. Improvements shall be in a manner that improves intersection capacity as acceptable by the City Engineer. • MM XV-3 Left hand turn lanes shall be installed on Tram Way at both project access locations, subject to the approval of the City Engineer. 7. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code, 8. Air quality standards shall be maintained through the use of construction mitigation measures, including the City's Fugitive Dust Control Ordinance. An archaeological artifact was found during a survey of the site_ This artifact will be properly collected, analyzed and curated if necessary. 9. The Aqua Caliente Band of Cahuilla Indians will have a monitor present during ground disturbing activities to check for the presence of archaeological artifacts or human remains 10. The Soils Engineer shall inspect the imported fill materials to ensure that they are suitable for the development. Retention basins have been proposed to contain all IIIIII IIIIIII IIII NII HIM 11111111111111111111111 IN a 17 v 0e es eke 3 GOP 7 Conditions of Approval CUP 5.1103, MAJ 32941, rfM 33162 Page 8 storm water on site, minimizing impact to the City's storm water conveyance system. The applicant is required to obtain coverage under the State's General Permit for Discharges Associated with Construction Activities. 11. The developer shall implement noise attenuation measures to prevent residents from being exposed to noise levels that exceed the requirements of the General Plan and the City's Noise Ordinance. A six (6) foot high wall and berms shall be installed along the project perimeter that abuts North Palm Canyon Drive. All second story units in Buildings B1 through B3, El and F1 and the eastern-most unit of Building Al are required to have a minimum four (4) foot wall on their balconies_ To ensure safe access to the complex and to avoid traffic hazards on Tram Way, left hand turn lanes will be required at each of the project's entrances. 12. The south portion of Tram Way shall be constructed to its General Plan width to ensure adequate circulation (50 foot Right-of-Way and S foot sidewalks). The applicant shall pay its "fair-share" of the cost of improvements to the west leg of the intersection of San Rafael Drive and Indian Canyon Drive to ensure adequate intersection capacity for this project and future development. CC&Rs 13. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the 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. 14. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, for the review of the CC&R's by the City Attorney_ A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Cultural Resources 15_ Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area- Given that, 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. 2099 0093305 IIIIII IIIIIII IIII IIII IIIIII IIIIII IIIII III IIIIII III IN 92l20l28 90 0976R Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 9 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 Services a'nd after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, 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 Services Department prior to final inspection. Final Design 16. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County I Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 17_ An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review by the Architectural Advisory Committee Services prior to the issuance of building permits. The Director of Planning Services will approve exterior lighting plans after consideration of any recommendations by the Architectural Advisory Committee. Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit_ If lights are proposed to be mounted on buildings, down-lights shall be utilized. 18. A final materials board shall be submitted for review by the Architectural Advisory Committee prior to the issuance of building permits. The Director of Planning Services shall approve the final materials board after consideration of any recommendations by the Architectural Advisory Committee. Public Safety CFD 19. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B2 20M2 0 8 803©00R Conditions of Approval CUP 5.1103, MAJ 3 2941, TTM 33162 Page 10 District under the authority of Government Code Section 53311 et seq_, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 20, Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 21. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause_ 22. The appeal period for Conditional Use Permit application and a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 23. Existing palm trees along North Palm Canyon Drive shall remain in place. Removal of or damage to existing palm trees along North Palm Canyon Drive shall be replaced in accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, subject to the review and approval of the City Engineer. 24. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 25. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 26. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. I IIIIII�IIII�I IIII III IIII�I IIIII�III�I III I�IIIII II IAII avase2 0S 08 esr� Conditions of Approval CUP 5,1103, MAJ 3.2941, TTM 33162 Page 11 27. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 28. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building($). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 29, No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 30. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 31. The design, height, texture and color of building(s), fences and walls shall be submitted to the Planning Services Department for review and approval prior to issuance of building permits. 32. Submit plans to the Planning Services Department for approval of a trash and recyclable materials enclosure that is in compliance with city standards prior to issuance of a building permit. 33, The street address numbering/lettering shall not exceed eight inches in height. 34. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 35. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 36. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. IIIIIIII�IIIIIII1IIIIIIIIM111IIIIIIIIIIIIIIIIIIIIIIII 02 26A�0of' 37SSR Conditions of Approval CUP 5.1103, MAJ 3,2941, TTM 33162 Page 12 37_ The applicant shall provide all tenants with Conditions of Approval of this project. Conditions of Approval shall be included with the distribution of CC&Rs. 38. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide- Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway- One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 39. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 40. Handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 41. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures- Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 42. Parking lot light fixtures shall align with parking stall striping and shall be located two to three feet from curb face. 43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 44. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details shall be provided with final landscape plan. 45. parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. A continuous 6" barrier curb shall serve as wheel stops. 46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. IN 111111111111111111111111111111111 0z 20©9 0of 37 Conditions of Approval CUP 5.1103, MAJ 32941, TTM 33162 Page 13 Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 48. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 49. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any building permits. 50. Submit street improvement plans prepared by a California registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. NORTH PALM CANYON DRIVE(STATE HIGHWAY 797) 51. Construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 46a. Dedicate an easement for sidewalk purposes for those portions of the meandering sidewalk that extend onto the subject property. 52. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No. 212. 53. All broken or off grade street improvements shall be repaired or replaced. TRAM WAY 54. The applicant shall coordinate with the Mt. San Jacinto Winter Park Authority as necessary to remove and relocate the existing Tram Way access gates and directional signs to the Tram. The access gates and directional signs shall be relocated beyond the proposed driveway to the individual unit located at the southwest corner of the property, as required by the City Engineer. 55. Construct an 8 inch curb and gutter, 38 feet south of centerline along the entire frontage, and construct an appropriate transition to the existing curb and gutter at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No. IIIIIIIIIIIIIIIIII 200. 02oaz0 � 38efl1111HIM111111111111111111111111 f 7 Conditions of Approval CUP 5.1103, MAJ 3,2941, TTM 33162 Page 14 56. Construct a 14 feet wide driveway approach located approximately 125 feet northeasterly of the southwest corner of the site, in accordance with City of Palm Springs Standard Drawing No. 201. An on-site vehicular turnaround (hammerhead or similar configuration) shall be constructed. 5T Construct two 50 feet wide new street intersections located approximately 440 feet and 1,025 feet from the centerline of North Palm Canyon Drive. The new street intersections shall be constructed with 25 feet radius curb returns and spandrels, and 6 feet wide cross-gutters, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The medians located at the two new street intersections shall be located on-site. The street intersections shall be subject to the review and approval of the City Engineer and Fire Marshall. 58. Construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 53a. Dedicate an easement for sidewalk purposes for those portions of the meandering sidewalk that extend onto the subject property. 59. Construct Type A curb ramps meeting current California State Accessibility standards at each side of the two street intersections at Tram Way and in accordance with City of Palm Springs Standard Drawing No. 212. 60. Construct a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. SAN MARCO WAY 61. Dedicate additional right-of-way for a property line corner cut-back at the southeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105, as may be necessary. 62. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 63_ Construct a 6 inch curb and gutter throughout a standard knuckle at the intersection of San Marco Way and Cardillo Avenue, in accordance with City of Palm Springs Standard Drawing No. 104 and 200. A full knuckle shall be constructed. III�IIII�IIIIIIIII IIIIIIIM IIIIIIIIIIIIIIIIIIIIIIIIIII 02 201�Hof' 3?QGFI Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 15 64. Remove the existing curb returns at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive and construct new 25 feet radius curb returns with spandrels in accordance with City of Palm Springs Standard Drawing No_ 206. 65. Construct a 6 feet wide cross-gutter across the west side of the intersection of North Palm Canyon Drive at San Marco Way with a flow line parallel with and 32 feet westerly of the centerline of North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200. 66. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 67. Construct Type A curb ramp meeting current California State Accessibility standards at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 212. 68_ Construct a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval, ON-SITE 69. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 70. On-site drive aisles 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. 71. Gated entry designs shall be reviewed and approved by the City Engineer and Fire Marshall. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated project and a turn-around maneuvering area shall be provided for vehicles unable to enter the project. 26A9-6A833A5 Illlllllllllhlllllllllllllllllllllllllllllllllllllllll 02-20 250a£37 Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 16 72. The minimum pavement section for all on-site drive aisles and parking spaces shall be 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 73. Parking shall be restricted along the drive aisles as necessary to maintain a 24 feet wide clear two-way travel way, except for designated parking spaces and parking bays. 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 for the development. SANITARY SEWER (PUBLIC) 74. The applicant shall extend the public sewer across the subject property, in accordance with the Master Plan of Sewers. The sewer line extension shall be designed to accommodate anticipated Future sewage flows from tributary areas north of Tram Way. A gravity sewer line system shall be designed and constructed in accordance with the "Master Sewer Exhibit' prepared by MSA Consulting, Inc., revised to meet minimum City sewer design standards (minimum slope = 0:0035 at minimum velocity = 2 feet per second). An analysis of the proposed sewer extension and the calculated flow rates and velocities shall be provided to the City Engineer for review and approval. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer design standards, the applicant shall be responsible for the design and construction of a sewer lift station at San Marco Way, as necessary to extend sewer service adjacent to the project, within North Palm Canyon Drive to Tram Way. 75_ All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 76. Submit sewer improvement plans prepared by a California registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 77. Extend the existing 12 inch V.C.P. sewer main from the sewer manhole located at San Marco Way and Junipero Avenue across the site and within the on-site drive aisles located no more than 5 feet from centerline, as required by the City Engineer, to a manhole located at the northwest corner of the intersection of Tram Way and North Palm Canyon Drive. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer I��III�IIIIII IIII IIII IIIIII IIIII�IIIII III IIIIIII 11 IN 02 20/26 ajBSVGOR Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 17 design standards, install a sewer lift station on the north side of San Marco Way, west of North Palm Canyon Drive, and extend 12 inch V.C.P_ sewer main in San Marco Way to North Palm Canyon Drive, and in North Palm Canyon Drive to Tram Way, as required by the City Engineer. 78. All sewer mains constructed by the applicant and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 79. If public sewer is extended across the site, dedicate a 20 feet wide sewer easement over the extended 12 inch V.C.P. sewer main. The easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures, swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement shall be maintained and provided to the City of Palm Springs_ 80. Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) j• required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easements_ The CC&R's shall advise the Home Owners Association, of the City's right to enter the site, clear and remove any and all improvements and/or obstructions within the easement, and give the City the right to charge all costs incurred in enforcing this provision, to the Home Owners Association. The CC&R's shall also advise the Home Owners Association of the fact that the City is not required to replace in like kind any landscaping or other improvements within the public sewer easement, in the event repair or replacement of the sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. SANITARY SEWER (PRIVATE) 81. 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. 82. Sewer plans shall be submitted to the Engineering Division for review and approval by the City Engineer_ 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. All on-site private sewer systems shall install sewer manhole covers with the words "Private Sewer'. A profile view of the on-site private sewer mains is not necessary if sufficient invert IIA AIIIII II IIIII A IIIIIIII III I IIII eeree090095087GOA 27 0£ 37 Conditions of Approval CUP 5.1103, MAJ 32941, TTM 33162 Page 18 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. 83, The on-site private sewer system shall connect to the extended public sewer main across the property with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. GRADING 84. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval_ The 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 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 I Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 85, The applicant shall obtain approvals to perform off-site grading and install off-site storm drain improvements (as necessary to accept and convey off-site stormwater runoff) from the record owners of the property identified by 1111111111111111111111111111111111111111111111111111111 oa ae res0 ea of 37 Conditions of Approval CUP 5 1103, MAJ 32941, TTM 33162 Page 19 Assessor's Parcel Number 504-040-046. Approvals shall include, but not be limited to, a right-of-entry and permanent slope easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney_ Of-site approvals by the adjacent properly owner shall be required prior to approval of a grading plan. 86. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters_ 87. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 88. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 89. A soils report prepared by a California registered geotechnical engineer shall be i required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 90. 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208)_ DRAINAGE 91, All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology Report for Tentative Tract No. 33162 (prepared by MSA Consulting, Inc., dated May 11, 2006) shall be finalized 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 IIIIIII11111111111IN111111IIIIIIIIIIIIIIIIIIIIIIIIN 02200 2909' 37 Conditions of Approval CUP 5.1103, MAJ 3,2941, TTM 33162 Page 20 and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. 92. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("M54"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. r 93, The applicant shall install a drywell, or series of drywells, within each retention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 94. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 95. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on-site retention basins, as described in the Preliminary Hydrology Report for Tentative Tract No. 33162, prepared by MSA Consulting, Inc., dated May 11, 2006. The hydrology report for Tentative Tract Map 33162 shall be amended to include catch basin sizing, storm II�III I�III�I IIII IIII IIIIII III�II IIIII III IN 111111111 serea68 S9 8e eeR Conditions of Approval CUP 5.1103, MAJ 3,2941, TTM 33162 Page 21 drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 96. 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. The CC&R's shall include appropriate legal authority to enter the property identified by Assessor's Parcel Number 504-040-046 to operate and maintain the off-site storm drain improvements. 97. The project is subject to flood control and drainage implementation fees_ The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit_ GENERAL 98. 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. 116, The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.)_ Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 99. All proposed utility lines shall be installed underground. 100_ In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding I I I I Il it 11 am-6983305 ee I IIIIII IIIAIII IIII IIII�lllll l�llll lull 111 llll lull l�ll eor31 of 37 0fl Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 22 requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 101. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 102. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats_ Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer_ 103. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved i improvement plans shall be submitted to the City Engineer for approval prior to construction_ 104. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 105. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 106. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904, MAP 107. 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 I IIIIII IIIIIII IIII IIII IIIIII IIIIII HE III IIIII IIII 1111 091180�32aoP 37MR Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 23 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. 108. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of a Certificate of Occupancy. 109- 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 j Exchange file (e00), DWG (Auto CAD 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. 110. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. An easement to Palm Springs Water Company (for pipelines) recorded July 14, 1955 in Book 1766, Page 434, O.R_, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the extinguishment, quit-claim, relocation or abandonment of the record easement, building permits for proposed buildings encumbered by the existing record easement will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected buildings. TRAFFIC III- As determined by the Tram Way Residential Project (TTM33162) Traffic Impact Study (dated July 11, 2006) prepared by Endo Engineering, the following mitigation measures will be required: a. Pay a fair share contribution determined as 10.9% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the I��III�II�I� II� �II I�I I IIIII IIIII ��I II� I��I A 02 202 0Or 37 Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 24 San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer_ The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share contribution of 10.9% of the approved Engineer's estimate prior to approval of a final map. b. Westbound left turn lanes shall be striped for both site access intersections on Tram Way. The eastern site access shall be located approximately 450 feet (centerline to centerline) from North Palm Canyon Drive. A 100 feet long left-turn bay with a 60 feet long transition for the eastern site access shall begin approximately 265 feet from the Palm Canyon Drive centerline. Similar geometrics shall be constructed for the western site access. 112. Install traffic striping and signage improvements at both of the site access intersections on Tram Way to provide 12 feet wide westbound left-turn lanes. Parking shall be prohibited along the Tram Way frontage. Submit traffic striping and signage plans to the City Engineer for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 113. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at both of the site access street intersections on Tram Way in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 114. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 115. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the North Palm Canyon Drive, Tram Way, and San Marco Way frontages of the subject property. 116. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction- IIIIII III�III IIII IIII IIIIII IIIIII IIIII III IIIII It IIII az zeA a es08 7 Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 25 117. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 118. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 119. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 120. Prior to any construction on-site, all appropriate permits must be secured. ADA Compliance 35. Prior to the issuance of building permits, the site plan shall be revised to indicate I that the primary entrance into each ground floor dwelling unit us to be on an accessible route providing an unobstructed path connecting all elements of the accessible building which can be negotiated b a person using a wheelchair. Accessible elements include all common area facilities, access to the public right- of-way and public transportation, if available. 36. Prior to the issuance of a building permit, the site plan shall be revised to indicate that at least 10% but not less than one of these multi-level dwelling units is to provide an unobstructed path connecting all of the elements of the accessible building which can be negotiated by a person using a wheelchair. Accessible elements include all common area facilities, access to the public right of way and public transportation if it is in that area. Fire Department 121. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 122. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901 A.4 CFC) II�IIIIIII�IIIIIIIIIIIIIIM111IIIIIIIIIIIIIg1IIIIIIII 02¢0925 of 37 8R Conditions of Approval CUP 5.1103, MAJ 3.2941, TTM 33162 Page 26 123. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound_ (2- 2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 124. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). 125. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 126. Building or Complex Gate Locking Devices. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 127. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an I. unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 128. Access Gates. Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 129. Fire Department Access Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) a. Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 32 feet wide when parking is allowed on only one side of the roadway_ 3. Roads must be 36 feet wide when parking is not restricted. I��III IIIIIII IIII IIII IIIIII IIIII�III�I I IIIII IIII IN 02 22094083305 00 29 29 01, 27889 Conditions of Approval CUP 5.1103, MAJ 32941. TTM 33162 Page 27 130. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 131. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW_ (902.2.2.2 CFC) 132. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. 133. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72 134. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 I 135. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows_ (8.04.260 PSMC) 136, Construction Site Guard: A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises. (8.04.260 PSMC) 137. Fuel Modification Zones: Project is within the "UrbanNVildland Interface" and will require approval of the plant palette and possible inclusion of a fuel modification zone along the West side of the project. 138. Fire Flow: The estimated fire flow for this project is 1500 gallons per minute. END OF CONDITIONS op@9 0©8�305 IIIIII IIIIIII IIII IIII IIIIII IIIIII IIIII III IIIII IIII IIII 0e 2 l3@T of 37 0fl