HomeMy WebLinkAbout23759 RESOLUTION NO. 23759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, GRANTING IN PART AND
DENYING IN PART THE APPEAL BY KEN SEELEY AND
ERIC MCLAUGHLIN OF INTERVENTION 911 AND
APPROVE A CONDITIONAL USE PERMIT, WITH
CONDITIONS DEEMED APPROPRIATE, FOR AN
ASSISTED LIVING FACILITY / SUBSTANCE ABUSE
RECOVERY CENTER AT AN EXISTING FACILITY /
SUBSTANCE ABUSE RECOVERY CENTER AT AN
EXISTING FACILITY LOCATED AT 1425 VIA SOLEDAD,
APN 508-344-001, ZONE R-2 (CASE 5.1282 CUP
APPEAL).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On April 12, 2012, the appellant and applicant, Ken Seeley and Eric McLaughlin
of Intervention 911 (collectively "Appellants") was notified in writing by the Department
of Building and Safety / Code Enforcement that a conditional use permit (CUP) is
required at two facilities owned and operated by the applicant (1425 Via Soledad and
1590 East Palm Canyon Drive).
B. On May 3, 2012, the Appellants were served a Courtesy Notice by certified mail
notifying them that they were in violation of the City's Municipal Code by operating the
substance abuse recovery centers / assisted living facilities at the subject addresses
without approval of Conditional Use Permits.
C. On June 24, 2012, the Appellants submitted CUP applications for both properties
requesting approval to operate them as substance abuse recovery centers / assisted
living facilities.
D. On September 26, 2012, the City received correspondence from the Appellants'
attorney notifying the City that the Appellants were withdrawing their CUP applications
and asserting that the two properties were being operated as hotels, not substance
abuse recovery centers / assisted living facilities-
E. On November 1, 2012, the Planning Director made a determination pursuant to
section 91.00.08 (B) of the Palm Springs Zoning Code (PSZC) that the Appellants'
current uses at 1590 East Palm Canyon Drive and 1425 Via Soledad are not hotels, but
rather are substance abuse recovery centers / assisted living facilities and required
approval of Conditional Use Permits from the Planning Commission in order to continue
to operate.
Resolution No. 23759
Page 2
F. On November 15, 2012, the Appellants, filed an appeal of the Planning Director's
determination and a notice of public hearing of the Planning Commission was given in
accordance with applicable law.
G. On February 13, 2013, the Planning Commission conducted a public hearing to
consider the appeal request and voted to uphold the determination of the Planning
Director.
H. On February 21, 2013, Intervention 911 filed an appeal to the City Council of the
Planning Commission's decision of February 13, 2013, and a notice of public hearing of
the City Council was given in accordance with applicable law.
I. On April 3, 2013, the City Council conducted a public hearing to consider the
appeal request and voted to uphold the decision of the Planning Commission to uphold
the determination of the Planning Director.
J. As part of a mediation plan, the City reactivated and commenced processing a
conditional use permit (CUP) seeking approval for operation of a substance abuse
recovery center / assisted living facility with seventeen (17) patient beds and two (2)
staff persons in the existing five (5) dwelling unit building located at 1425 Via Soledad
(Case 5.1282 CUP).
K. A notice of public hearing of the Planning Commission was given in accordance
with applicable law, and on December 10, 2014, the Planning Commission conducted a
public hearing to consider Case 5.1282 CUP and voted 5-2 to approve a CUP for an
assisted living facility / substance abuse recovery center at 1425 Via Soledad subject to
conditions.
L. On December 29, 2014, the Appellants submitted an appeal to the City Council
of the Planning Commission's action of December 10, 2014, and a notice of public
hearing of the City Council was given in accordance with applicable law.
M. On February 4, 2015, the City Council held a public hearing to consider the
appeal by Intervention 911 of the Planning Commission's action of December 10, 2014,
and at said hearing the City Council considered all of the evidence presented in
connection with the matter, including, but not limited to, the staff report prepared on the
matter, and all written and oral testimony presented.
N. The project is Categorically Exempt from further analysis under the Guidelines of
the California Environmental Quality Act (CEQA) as a type 3 exemption (conversion of
small structures).
O. Findings for a Conditional Use Permit are outlined in Section 94.02.00 of the
Zoning Code. The findings are listed below followed by an evaluation of the project
against these findings.
Resolution No. 23759
Page 3
1. That the use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized by this Zoning Code.
Evaluation: Pursuant to Section 92.03.01(A)(2), assisted living facilities are allowed
with a Conditional Use Permit in the R-2 zone. The subject site at 1425 Via Soledad is
located in the R-2 zone and therefore conforms to this finding.
2. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or objectives of the general plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in which
the proposed use is to be located.
Evaluation: The site at 1425 Via Soledad is in the Tourist Resort Commercial (TRC)
land use designation of the General Plan. Although the proposed use of this site is not
tourist-oriented, as an assisted living facility it could be deemed a commercial use,
similar to the transient nature of tourism uses, and thus it could be deemed consistent
with the General Plan.
The proposed use is also consistent with certain General Plan policies as follows:
HS3.2 Increase the supply of affordable and accessible housing suited to the
independent and semi-independent living needs of people with disabilities,-
provide assistance to people with disabilities to maintain and improve their
homes.
HS3.5 Prohibit housing discrimination and other related discriminatory actions in
all aspects affecting the sale, rental, or occupancy of housing based on status,
household size, and/or composition, gender, sexual orientation, age, state of
health or other arbitrary classification.
Allowing an assisted living facility / substance abuse recovery center subject to a
conditional use permit would be consistent with these policies.
One way of providing a variety of housing options and supportive services to the
community is to review and conditionally permit the establishment of assisted living
facilities. The subject application proposes a substance abuse recovery center /
assisted living facility. The Appellant proposed a density of seventeen (17) patient beds
and three (3) staff persons which exceeds the allowable zoning density. The existing
facilities on the site including parking and dwelling units allows for a maximum of ten
(10) patient beds with up to three staff persons. If conditioned to this occupancy load,
the project could be deemed consistent with this finding.
In order to ensure compatibility with the existing surrounding residential area, the
proposed use necessitates continuous staff oversight and presence at the site. The
imposition of a condition of approval that requires a 24/7 staffing plan could reduce the
Resolution No. 23759
Page 4
possibility of detrimental impacts on the surrounding area. The imposition of this
condition supports a determination that the proposed use is consistent with this finding.
3. That the site for the intended use is adequate in size and shape to accommodate
such use, including yards, setbacks, walls or fences, landscaping, and other features
required in order to adjust such use to those existing or permitted future uses of land in
the neighborhood.
Evaluation: The flat site is roughly 0.33 acres and contains an existing structure that
was built with permits in the 1950's as a five (5)-unit building with off-street bay parking
spaces. The project proposes seventeen (17) patient beds and three (3) staff persons.
Pursuant to Zoning Code Section 93.23.06 (Assisted Living Facilities), the maximum
density of this site for the proposed use is ten (10) patient beds, thus the proposed
project does not conform in terms of density. The maximum density of this site for the
proposed use is ten (10) patient beds. With the proposed three (3) staff persons, the
site would require six (6) off-street parking spaces. The site, reconfigured with
handicap-compliant parking and code-required trash enclosures could yield six (6)
parking spaces and thus if conditioned for no more than 10 beds, it would be consistent
with this finding.
4. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated by the
proposed use.
Evaluation: The site is located at the southwest corner of Sonora Road and Via
Soledad. Sonora Road is a collector on the City General Plan Circulation Map. Eight (8)
existing off-street bay parking spaces are provided along the Sonora Road frontage but
with the provision of trash enclosures and handicap parking spaces, the site can likely
accommodate no more than six bay parking spaces. As noted above, the site does not
have sufficient off-street parking at the proposed density; however, conditioning the
proposed use to a maximum of ten (10) patient beds with up to three (3) staff persons,
would therefore be in conformance with this finding.
5. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and may
include minor modification of the zone's property development standards.
Evaluation: The Project is approved subject to the Conditions of Approval as provided
in Exhibit "A", and these conditions of approval will ensure that the project will comply
with all applicable regulations of the City of Palm Springs and the State of California.
Section 3: Findings for the Resort Combining Zone.
P. The modification of Condition PLN 8 to allow the Appellants to prepare and
implement an off-site parking plan and thereby provide a method of achieving the
Appellants goal for 17 patient beds on the premises constitutes a reasonable
accommodation from strict application of the City's zoning laws and requirements.
Resolution No. 23759
Page 5
Q. The deletion of Condition FID 5 requiring a fire sprinkler system in the premises
and the concomitant cost savings for the benefit of the Appellants constitutes a
reasonable accommodation from strict application of the City's building and fire codes.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1. The Appeal of the Appellants is hereby granted in part and denied
in part and the Conditional Use Permit for an assisted living facility / substance abuse
recovery center use in an existing facility located at 1425 Via Soledad (Case 5.1282
CUP) is approved subject to conditions deemed appropriate as provided in Exhibit "A" to
this Resolution.
ADOPTED THIS 4T" DAY OF FEBRUARY, 2015.
DAVID H. READY, QEb5ffANAGER
ATTEST:
MES THOMPSON, CITY CLERK
Resolution No. 23759
Page 6
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Resolution No. 23759 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on the 4th day of February, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
oz/ ,o�zats
RESOLUTION NO. 23759
EXHIBIT A
Case 5.1282 CUP
Intervention 911
Assisted Living Facility/ Substance Abuse Recovery Center
1425 Via Soledad
February 4, 2015
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 (5.1282
CUP); except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (August 12, 2012),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the conditions below.
ADM 3. Conform to all Codes and Regulations The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of Palm
Springs, its legislative body, advisory agencies, or administrative
Resolution No. 23759
Case No. 5.1282 CUP
Page 2
officers concerning Case 5.1282 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City of
Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees
in interest shall maintain and repair the improvements including and without
limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property
line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid
for a period of two (2) years from the effective date of the approval. Once
enacted, the Conditional Use Permit, provided the project has remained in
compliance with all conditions of approval, does not have a time limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures
to ensure that residents do not loiter, create noise, litter, or cause any
disturbances while on-site. The owner and operator shall ensure that at the
end of each day, the premises are clean, quiet, free of litter. Failure to
comply with these conditions may result in revocation of this permit,
temporary business closure or criminal prosecution, or the Police Chief
requiring on-site security officers.
Resolution No. 23759
Case No. 5.1282 CUP
Page 3
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to noise, disturbances,
loitering, etc) regarding the operation of the establishment; as determined by
the Chief of Policy or the Director of Building and Safety, may result in
proceedings to revoke the Conditional Use Permit. In addition, violations of
the City Codes and Ordinances will result in enforcement actions which may
include citations, arrest, temporary business closure, or revocation of this
permit in accordance with law.
ADM 11. 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 12. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local
Development Mitigation Fee (LDMF) NOT required
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the City Council's final
action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Exemption. Action on this application shall not be
considered final until such fee is paid (projects that are Categorically Exempt
from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance Exterior lighting shall conform to Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
If lights are proposed to be mounted on buildings; down-lights shall be
utilized.
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
PLN 3. Maintenance of Awnings & Projections All awnings shall be maintained and
periodically cleaned.
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Case No. 5.1282 CUP
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Ordinance Section 93.20.00.
PLN 4. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall
be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 7. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 8. Maximum Patient Density. The approval of this CUP is for a maximum of ten
(10) patient beds and not more than three (3) on-site staff persons. This
maximum may be increased to no more than seventeen (17) patient beds
upon preparation, submission, and implementation of an off-premises or off-
site parking plan, for approval by the Planning Director, that allows the
applicant to provide or use an alternative off-street parking location that
diverts any on-street parking from the neighborhood surrounding the project.
PLN 9. Treatment services limited to on-site patients. Any treatment program, group
meetings, or services related to the substance abuse recovery center /
assisted living facility use at this site are limited to the nine (9) patients living
at the site.
PLN 10. On-site Parking and Trash Enclosures. The site shall be provided with code-
compliant handicap parking accommodations, shade and landscaping and a
masonry trash enclosure pursuant to PSZC Section 93.06 and 93.07 and shall
use reasonably prudent business practices to ensure compliance with all the
provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and
Diversion), and shall provide dumpster or "walk-in service."
PLN 11. Staffing Plan. The applicant shall submit to the City Planning Department their
intended staffing plan demonstrating staff oversight of the facility on a 24-
hour/day basis with detail on management of peripheral site cleanup, parking
compliance, and guest compliance with facility rules and regulations to ensure
the proposed use does not cause a public nuisance.
Resolution No. 23759
Case No. 5.1282 CUP
Page 5
POLICE DEPARTMENT CONDITIONS
POL 1 Applicant shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
POL 2. Except as otherwise noted below, all conditions herein are effective
immediately upon approval of this Conditional Use Permit (CUP) and shall be
continuously implemented while this CUP is in effect.
POL 3. Staff Training: All members of the staff shall be trained to the management's
policies, procedures and standards.
POL 4. Applicant shall establish and post a security training protocol to include the
security-related conditions of this permit and protocols for contacting the Palm
Springs Police Department in the event of an emergency or observance of
illicit activity.
POL 5. Omitted.
POLE. Omitted.
POL 7. Applicant shall install and maintain exterior lighting which illuminates the
parking lot area of the business consistent with the City's Outdoor Lighting
Ordinance.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
ENG 1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Additional
requirements may be required at that time based on the received plans.
Resolution No. 23759
Case No. 5.1282 CUP
Page 6
FID 2 Fire Department Conditions were based on the 2013 Califomia 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.
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 Change of Use or Occupancy (CFC 102.3): No change shall be made in the
use or occupancy of any structure that would place the structure in a different
division of the same group or occupancy or in a different group of
Resolution No. 23759
Case No. 5.1282 CUP
Page 7
occupancies, unless such structure is made to comply with the requirements
of this code and the California Building Code. Subject to the approval of the
fire code official, the use or occupancy of an existing structure shall be
allowed to be changed and the structure is allowed to be occupied for
purposes in other groups without conforming to all of the requirements of this
code and the California Building Code for those groups, provided the new or
proposed use is less hazardous, based on life and fire risk, than the existing
use.
FID 5 Omitted.
FID 6 Manual Fire Alarm System (CFC 907.2.8.1): A manual fire alarm system
that activates the occupant notification system in accordance with Section
907.5 shall be installed in Group R-1 occupancies.
Single- and Multiple-Station Smoke Alarms (CFC 907.2.11): Listed single-
and multiple-station smoke alarms complying with UL 217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.4 and NFPA 72.
Exception: For Group R occupancies. A fire alarm system with smoke
detectors located in accordance with this section may be installed in lieu of
smoke alarms. Upon actuation of the detector, only those notification
appliances in the dwelling unit or guest room where the detector is
actuated shall activate.
Applicant shall execute a hold harmless and indemnity agreement in a form
approved by the City Attorney to indemnify and defend the City against
third-party damage claims for injury or death arising from the waiver of fire
sprinkler requirements.
FID 7 Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire extinguishers
shall not be obstructed or obscured from view. Portable fire extinguishers
shall be installed so that the top is not more than 5 feet above the floor.
FID 8 Premises Identification (CFC 505.1): New and existing buildings shall have
Resolution No. 23759
Case No. 5.1282 CUP
Page 8
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 9 Gates (CFC 1008.2): Gates serving the means of egress system shall comply
with the requirements of this section. Gates used as a component in a means
of egress shall conform to the applicable requirements for doors.
FID 10 Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The
key box shall be flush mount type and shall contain keys to gain necessary
access as required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box
installations shall be 5 feet above grade. Location and installation of Knox
key boxes must be approved by the fire code official.
END OF CONDITIONS