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HomeMy WebLinkAbout23742 RESOLUTION NO. 23742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION UNDER CEQA, AND APPROVING TENTATIVE TRACT MAP (TTM) 36725 (CASE 5.1340 CUP PDD 370/3.3742 MAJ/TTM 36725). WHEREAS, West Coast Housing Partners, LLC on behalf of the Owner, The Eric Brandenburg Separate Property Trust submitted applications pursuant to Palm Springs Zoning Code Section 94.03 & 93.07 (Planned Development, Zone Change) Section 94.04 (Architectural Review), Section 93.02 & 92.25.00 (Conditional Use Permit / Resort Combining Zone) and Municipal Code Section 9.62 (Maps) seeking approval of a Planned Development District in lieu of a Change of Zone, a Tentative Tract Map, and a Major Architectural Application and a Conditional Use Permit via the PDD for development of a gated community comprised of 46 two-story detached residential units, private streets, common open space and landscaping on a roughly 5.23 acre site located at the southeast corner of North Palm Canyon Drive and Alvarado Road (Case 5.1340 PDD 370 CUP / 3.3742 MAJ, TTM 36725) (APN's 504-074-001, 002 & 008); and WHEREAS, on August 11, 2014, the subject project was reviewed by the City's Architectural Advisory Committee (AAC), which voted 5-0-1-1 (Song abstained, Secoy- Jenson absent) to recommend approval of the project by the Planning Commission subject to the condition that the applicant submit the final landscape plan to a subcommittee of the AAC (members Purnell/Fredricks/Cassady) for review and recommendation of approval to the Planning Director prior to issuance of building permits; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM 36725 was given in accordance with applicable law; and WHEREAS, on October 8, 2014 a public hearing of the Planning Commission of the City of Palm Springs, California was held in accordance with applicable law; and WHEREAS, at said hearing, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented and voted 7-0 to table the matter with direction to the applicant to modify the project; and WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM 36725 was given in accordance with applicable law; and Resolution No. 23742 Page 2 WHEREAS, on November 19, 2014 a public hearing of the Planning Commission of the City of Palm Springs, California was held in accordance with applicable law; and WHEREAS, at said hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented and voted 5-2-0 (Calerdine and Klatchko .opposed) to table the matter and refer it back to the applicant with direction to revise several aspects of the project, and WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs, California to consider Case 5.1340 PDD 370, CUP, TTM 36725 was given in accordance with applicable law; and WHEREAS, on December 10, 2014 a public hearing of the Planning Commission of the City of Palm Springs, California was held in accordance with applicable law; and WHEREAS, at said hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented, and voted 7-0 to approve the project with conditions and recommend its approval by City Council subject to those conditions; and WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs, California to consider Case 5.1340 PDD 370, CUP, TTM 36725 was given in accordance with applicable law; and WHEREAS on January 7, 2015, the City Council held a public hearing in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed development has been determined to be a project subject to environmental analysis under guidelines of CEQA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: CEQA. The project has been reviewed under the provisions of the California Environmental Quality Act (CEQA). An initial study was conducted and the City concluded that the project as proposed had the potential to cause significant negative impacts on the environment. The analysis included all required CEQA issues, including but not limited to air quality, traffic, land use compatibility and hydrology. Mitigation Measures have been proposed to reduce the project's significant impacts to a less than significant level. The applicant has agreed in writing to implement the proposed mitigation measures. The CEQA analysis including a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was made available for public comment for a 20-day period from September 3, 2014 to September 23, 2014. Public comment Resolution No. 23742 Page 3 letters were received which are attached to this staff report. Through the public comment period, no new information was found that would require recirculation or further analysis of the project's impacts under CEQA. The City Council independently reviewed and considered the information contained in the draft MND and NOI prior to its review of the proposed project, and the draft MND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the initial study and comments received, that the project as proposed, including all required permits, has the potential to cause significant impacts on the environment but the proposed Mitigation Measures would reduce those impacts to a less than significant level. Therefore the City Council hereby adopts the Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2: FINDINGS FOR THE TENTATIVE TRACT MAP. The findings required for the proposed Tentative Map are pursuant to Section 66474 of the California Subdivision Map Act. The project is evaluated against these findings as follows: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The TTM proposes a single lot subdivision for condominium purposes with open space, common area, forty-six (46) detached residential units and private streets. The proposed density is within the range specified by the Mixed-use / Multi-use General Plan land use designation. The project proposes private streets that are not consistent with the General Plan, however the Planning Commission imposed a condition of approval requiring street configuration consistent with the General Plan and with this condition, the project can be deemed consistent with this finding. No specific plans are associated with the subject property. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are generally not consistent with the C- 1 / RGA-6 / R-3 zone in which the property is located. The PDD in lieu of a zone change proposes single family uses structured in a condominium form of ownership. The PDD proposes detached residential uses with development standards that do not conform to the R-1-C standards, and proposes a density that is greater than the maximum allowable for the RGA-6 zone. With the approval of the PDD in lieu of a change of zone, the project will be established as its own unique zone and can be deemed consistent with its own zoning development standards and density. c. The site is physically suited for this type of development. The project site will be graded to accommodate the proposed development. Site modifications include new private driveways to individual residential units from a Resolution No. 23742 Page 4 network of proposed private streets. As currently configured the site is not adequate for the type of development proposed because the proposed private streets do not conform to the General Plan. A condition requiring conformance with the General Plan on street width is included and with this condition, the project is deemed consistent with this finding. With approval of the proposed PDD the site would be deemed physically suitable for this type of development. Each unit is proposed as a detached two-story residential unit structured within a condominium form of ownership. A total of 46 residences are proposed on the 5.23- acre site. The site has adequate vehicular access with primary access taken from Alvarado Road, a local street, and emergency access onto De Anza Road which is a collector street. The General Plan EIR studied projected traffic and service levels on the surrounding network of public streets and the project density at roughly 9du/ac is less than the maximum allowed for the Mixed-Use / Multi-use designation and thus the site is physically suited for this type of development. d. The site is physically suited for the proposed density of development. The General Plan Mixed-Use / Multi-Use Land Use designation in which the project is sited allows up 30 du/ac with approval of a PDD. The underlying RGA-6 zone allows 6 du/ac. The PDD in lieu of a change of zone proposes roughly 9du/ac; a density greater than the underlying zone, but less than the maximum allowable by the General Plan. As noted above, although proposed street widths are not consistent with the General Plan, with incorporation of the condition requiring conformance with the General Plan street width, the project can be found consistent with this finding. With approval of the PDD as a change of zone, the project would be consistent with both the General Plan and Zoning in terms of suitability for the proposed density. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The project will therefore not damage or injure fish, wildlife or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes connections to all public utilities including water and sewer systems. The layout of internal private streets provides access to each detached residential unit however street width and separation of vehicular and pedestrian movement as proposed are not consistent. With incorporation of the condition requiring General Plan street dimensions and separation of vehicular and pedestrian movement, the project can be found consistent with this finding. No serious public health problems are Resolution No. 23742 Page 5 anticipated. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts the Mitigated Negative Declaration under CEQA and approves Case 5.1340 / TTM 36725; a Tentative Tract Map for condominium purposes for development of a community of 46, two-story detached residential units with private streets, guest parking, common areas, landscaping and open space on a roughly 5.23- acre parcel located at the southeast corner of North Palm Canyon Drive and Alvarado Road, (APN's 504-074-001, 002 & 008) subject to the conditions set forth in Exhibit A. ADOPTED THIS 7T" DAY OF JANUARY, 2015. David H. Ready, anager ATTEST: mes Thompson, City Clerk Resolution No. 23742 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, hereby certify that Resolution No. 23742 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 7th day of January, 2015 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California ct /Z4,/Zo l S RESOLUTION NO. 23742 EXHIBIT A CONDITIONS OF APPROVAL Case 5.1340 PDD 370 CUP / 3.3742 MAJ /TTM 36725 - "Alvarado' (Southeast corner of North Palm Canyon Drive and Alvarado Road) January 7, 2015 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 (5.1340 PDD 370 CUP / 3.3742 MAJ / TTM 36725); except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (October 29, 2014), including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Tract Map 36725 located at the southwest corner of North Palm Canyon Drive and Alvarado Road, date stamped October 29, 2014. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. Resolution No. 23742—COA Exhibit A Page 2 ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1340 PDD 370 CUP / 3.3742 MAJ / TTM 36725. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 8. Time Limit on Approval. Approval of the (Planned Development District (PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. Extensions of time may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the original approval (Tentative Tract Map) Resolution No. 23742—COA Exhibit A Page 3 ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. Maintenance of Outdoor Seating and structures at the Corner "Oasis". Periodic cleaning of the "oasis" at the corner of North Palm Canyon Drive and Alvarado Road shall be the responsibility of the project's homeowners' association (HOA). ADM 13. CC&R's The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. These CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. Resolution No. 23742 —COA Exhibit A Page 4 ADM 14. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-i n-i me rest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other planned activities which may occur in the public right-of-way. ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 18. Community Facilities District. The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval; and Prior to recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer agree to support formation of or annexation into a Community Facilities District (CFD) to include the project site. Developer further agrees to waive any right of protest or contest such Resolution No. 23742—COA Exhibit A Page 5 formation or annexation, provided that the amount of any assessment for any single family dwelling unit (or the equivalency thereof when applied to multiple family, commercial or industrial) as established through appropriate study shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. Prior to sale of any lots, or prior to the issuance of any certificate of occupancy, or prior to any approval of the Building Official that will allow the premises to be occupied, the CFD shall be formed, the annexation thereto shall occur, or at the option of the City Manager and Building Official, a covenant agreement may be recorded against any affected parcel(s) with the project, evidencing the Owner's binding consent, approval, and waiver of rights as provided in this condition of approval. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows: ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to Resolution No. 23742 —COA Exhibit A Page 6 survey the area for the presence of cultural resources identifiable on the ground surface. ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities. a). A cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area is required. b) A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. c). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the Resolution No. 23742—COA Exhibit A Page 7 local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances. PLN 3. Conditions Imposed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: a. The project's final landscape plan shall be submitted for review by the AAC subcommittee (Purnell, Fredricks, Cassady) for recommendation for approval to the Director of Planning prior to issuance of building permits. PLN 4. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. The existing Robusta / Mexican Fan Palms at the Palm Canyon frontage shall be replaced with California Fan Palms. PLN 5. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign permit/program to the Department of Planning Services prior to the issuance of building permits. PLN 6. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 7. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 8. 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 9. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 10. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. Resolution No. 23742—COA Exhibit A Page 8 PLN 11. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 12. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 13. 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 14. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 15. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. PLN 16. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. PLN 17. (not used) PLN 18. (not used) PLN 19. (not used) PLN 20. (not used) PLN 21, Shade Structure Option for Buyers. Develop a design for shade structures in the back yards that integrates with the architecture of the complex that buyers Resolution No. 23742—COA Exhibit A Page 9 could include as a purchase option; review design with Director of Planning for design approval. PLN 22. Provide 'smart controllers' for all irrigation systems. PLN 23. Provide Photo-voltaic systems for all units that have the capacity of providing at least one-quarter of the project annual electrical loads for each residential units. PLN 24. 48 inch box shade trees. Provide at least 48 inch box shade trees for corner public open space. Select an alternative to the Shoestring Acacia species with greater shade canopy. PLN 25. Landscape Design Review by AAC. The landscape design and perimeter walls for the entire project are to be reviewed by the AAC subcommittee (Purnell, Fredricks, Cassady) for recommendation of approval to staff prior to issuance of building permits. Perimeter wall design should incorporate "open pedestrian access". PLN 26. Final Architectural Design brought back to Planning Commission for approval. The project shall be reviewed by the Planning Commission for Architectural Review and approval prior to issuance of building permits. The Planning Commission review and approval is limited to the Palm Canyon Drive frontage, including more variety in the accessory units fronting Palm Canyon and the repetitive nature of the project's architecture, improve the effectiveness of overhangs for sun control on the large expanses of glass, review of the perimeter garden walls, functionality of the placement of the pool and HVAC equipment, more landscaping along Alvarado and De Anza Roads, shift the placement of units on lots along Palm Canyon that don't have accessory units and within the site where possible to break up the long fagade of garage doors along the private streets, re-align the perimeter wall at the southwest corner of the project to give more relief to the street landscaping and bring the perimeter wall up to the units along the perimeter of the project where possible such that the units themselves provide part of the perimeter wall enclosure. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS Resolution No. 23742—COA Exhibit A Page 10 The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Applicant shall obtain State permits and approval of plans for any 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 grading or building permits if there is any work being done in the public right-of-way on State Highway 111. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ALVARADO ROAD ENG 4. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the southeast corner of the intersection of Alvarado Road and North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 5. Construct a 42 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. ENG 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 7. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Alvarado Road and North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No.212. ENG 8. Construct pavement with a minimum pavement section of 2.5 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 Alvarado Road frontage in accordance with City of Palm Springs Standard Resolution No. 23742—COA Exhibit A Page 11 Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. DE ANZA ROAD ENG 10. Construct a 6 inch curb and gutter, 20 feet west of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the southwest corner of the intersection of Alvarado Road and De Anza Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 11. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 13. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Alvarado Road and De Anza Road in accordance with City of Palm Springs Standard Drawing No.212. ENG 14. Construct pavement with a minimum pavement section of 2.5 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 De Anza Road frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 15. All broken or off grade street improvements along the project frontage shall be repaired or replaced. Resolution No. 23742 —COA Exhibit A Page 12 NORTH PALM CANYON DRIVE (HIGHWAY 111) ENG 16. Contact the City's Director of Facilities to determine appropriate specifications for lighting, irrigation, root barriers on the existing California Fan Palm trees to remain. Existing Mexican / Robusta Fan Palms shall be removed and replaced in accordance with Planning Condition PLN 4 and Planning Commission Resolution 1503, and in accordance with City specifications. ENG 17. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 18. The on-site layout of streets (or drive aisles) and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. ENG 19. The minimum pavement section for all on-site pavement (specify drive aisles, parking spaces, etc.) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 20, (not used). ENG 21. On-site drive aisles (or parking lot) shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 22. All sanitary facilities shall be connected to the public (or private) sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes. ENG 23. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer Resolution No. 23742—COA Exhibit A Page 13 plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. ENG 24. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG 25. Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING ENG 26. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that 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 htto://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Resolution No. 23742—COA Exhibit A Page 14 Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. ENG 27. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 28. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 29. (Temporary dust control) perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 30. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 31. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. Resolution No. 23742 —COA Exhibit A Page 15 ENG 32. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 33. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 34. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan (if required) or prior to issuance of any permit. ENG 35. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). WATER QUALITY MANAGEMENT PLAN ENG 36. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be Resolution No. 23742—COA Exhibit A Page 16 required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 37. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. a. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. b. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project-Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). Resolution No. 23742—COA Exhibit A Page 17 c. -Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: d. Demonstrate that all structural BMPs have been constructed and installed in conformance with approved plans and specifications; e. Demonstrate that applicant is prepared to implement all non-structural BMPs included in the approved Final Project-Specific Water Quality Management Plan (WQMP), conditions of approval, or grading/building permit conditions; and f. Demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 38. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention ENG 39. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to North Palm Canyon Drive, Alvarado Road or De Anza Road. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Resolution No. 23742—COA Exhibit A Page 18 ENG 40. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. ENG 41. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $ 6511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 42. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on- site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. GENERAL ENG 43. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of Resolution No. 23742—COA Exhibit A Page 19 the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 44. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 45. All proposed utility lines shall be installed underground. ENG 46. All proposed utility lines shall be installed underground. The applicant shall coordinate with Southern California Edison to install underground conduit for future underground service from the street, for use at such time as the existing overhead utilities in the neighborhood are converted to an underground system. ENG 47. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 48. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 49. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 50. 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. MAP ENG 51. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures Resolution No. 23742—COA Exhibit A Page 20 for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the (Parcel/Final) Map to the Engineering Division as part of the review of the Map, The (Parcel/Final) Map shall be approved by the City Council prior to issuance of building permits. ENG 52. 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 (Parcel) Map by the City Council, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 53. Upon approval of a final (parcel) map, the final (parcel) map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 54. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 55. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 56. Submit traffic striping and signage plans for Alvarado Road and De Anza Road prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with Resolution No. 23742—COA Exhibit A Page 21 required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. ENG 57. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 'Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (MUTCD), dated January 13, 2012, or subsequent editions in force at the time of construction. ENG 58. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID1 These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan received and dated November 4, 2014. Additional requirements may be required at that time based on revisions to site plans. FID2 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. FID3 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 Resolution No. 23742—COA Exhibit A Page 22 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. FID4 (not used) FID5 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire Apparatus Access Road (CFC 202 Definitions) — A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (for designated fire lanes) except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. FID6 Fire Lanes (CFC 202 Definitions): A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus. A "fire lane" is a component of a 'Tire apparatus access road". Designation of Fire Lanes (CVC 22500.1): Only the fire department with jurisdiction over the area in which the place is located can designate a fire lane. Resolution No. 23742—COA Exhibit A Page 23 Designated Fire Lanes in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side. Wedge, or rolled curbing contained within a 24 foot fire lane shall be capable of supporting 73,000 pound GVW fire apparatus. Fire Lane Marking (CFC 503.3): Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. FID7 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. 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 9/4/2002. FID8 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FID9 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID10 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchTm or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non- automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of % inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. Resolution No. 23742—COA Exhibit A Page 24 If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled pates may become operative Prior to final inspection electronic pates shall remain in a locked-open position. FID11 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire hydrants shall be provided in accordance with CFC Appendix B, Fire Flow Requirements for Buildings, for the protection of buildings, or portions of buildings, hereafter constructed. The required fire hydrant flow for this project is 750 gallons per minute (with fire sprinklers) (CFC Appendix B) and one available fire hydrant must be within 250 feet from any point on lot street frontages. (CFC Appendix C) FID12 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings FID1 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2013 Edition, as modified by local ordinance. FID 14 PROJECT NOTES: Designated Fire Access Road depicted at the east side of the complex shall meet fire apparatus access road requirements above. Bocce Ball Court shall not interfere with the road level. END OF CONDITIONS