HomeMy WebLinkAbout23404 RESOLUTION NO. 23404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
CONSTRUCTION OF 43 TWO-STORY, DETACHED
SINGLE FAMILY RESIDENCE DEVELOPMENT AND A
TENTATIVE TRACT MAP FOR THE SUBDIVISION OF
ROUGHLY 6.37 ACRES INTO 43 RESIDENTIAL LOTS,
COMMON AREAS, AND PRIVATE STREETS LOCATED
ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF
MORONGO ROAD (CASE 5.1297 PDD 364 TTM 36548).
WHEREAS, on March 4, 2013, Crescendo, LLC (the "Applicant') filed an
application pursuant to Zoning Section 94.07.00 (Zone Map Change/Change of Zone)
and Section 94.03.00 (Planned Development District) for a Planned Development
District (PDD) in lieu of zone change to construct 43 two-story, detached single family
residences on approximately 6.37 acres located on the west side of Belardo Road,
south of Morongo Road, identified as APN 513-300-057; and
WHEREAS, the Applicant submitted an application pursuant to Title 9 of the
Palm Springs Municipal Code and Section 66474 of the California Subdivision Map Act
for Tentative Tract Map 36548; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case 5.1297 PD 364 and TTM 36548, was given in
accordance with applicable law; and
WHEREAS, on May 8, 2013, a public hearing on the applications was held by the
Planning Commission 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 4-0 to approve the preliminary PDD in lieu of Change of Zone and to
recommend its approval by Ordinance of the City Council and approve the Tentative
Tract Map by Resolution, subject to Conditions of Approval; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1297 PDD 364 / TTM 36548, was given in accordance with
applicable law; and
WHEREAS, on July 3, 2013, a public hearing on the application for the project
was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented; and
Resolution No. 23404
Page 2
WHEREAS, on April 18, 2007, the City Council approved a prior version of this
project which included a 66-unit clustered townhome complex, clubhouse, and
recreation facility at the subject site; and
WHEREAS, on April 18, 2007, pursuant to the California Environmental Quality
Act ("CEQA"), the City Council also adopted a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the prior version of this project.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. No further environmental documentation is required because: (i)
there are no substantial changes in the proposed project requiring major revisions of the
Mitigated Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
(ii) there are no substantial changes with respect to the circumstances under which the
proposed project is being undertaken which will require major revisions of the Mitigated
Negative Declaration due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified effects; and (iii) there is no
new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the Mitigated Negative
Declaration was certified showing that: (a) the proposed project will have one or more
significant effects not discussed in the Mitigated Negative Declaration; (b) significant
effects previously examined will be substantially more severe than shown in the
Mitigated Negative Declaration; (c) mitigation measures or alternatives previously found
not to be feasible would in fact be feasible, and would substantially reduce one or more
significant effects, but the mitigation measures or alternatives have not been adopted;
or (d) mitigation measures or alternatives considerably different from those analyzed in
the Mitigated Negative Declaration would substantially reduce one or more significant
effects, but the mitigation measures or alternatives have not been adopted. (Public
Resources Code § 21166; CEQA Guidelines § 15162.)
SECTION 2. Planned Development District Findings. Findings for a Planned
Development District in lieu of a Change of Zone are found in Zoning Code Section
93.07.00 (Change of Zone). The proposed project is evaluated against the findings as
follows:
a. The proposed planned development is consistent and in conformity
with the general plan and report.
The General Plan land use designation of the subject site is HDR (High
Density Residential). The proposed project includes single family residences at a
density of 6.37 dwelling units per net acre, which is well below the maximum
density of 30 dwelling units permitted within the HDR land use designation.
Thus, the proposed change of zone is in conformity with the General Plan map
and report.
Resolution No. 23404
Page 3
b. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone
permits. The proposed site plan incorporates private streets that conform to the
minimum widths required. The project includes adequate means of emergency
access. The project proposes lot sizes that are adequate to provide usable
outdoor space, including small pools and spas. Thus, the project is deemed
consistent with this finding.
C. The proposed establishment of the planned development district is
necessary and proper, and is not likely to be detrimental to adjacent
property or residents.
The applicant proposes two-story single family dwelling units on small,
individual lots in a gated community. San Jacinto Mountains are located to the
west and south of the project site; multi-family residential exists to the north; and
vacant land and a shopping complex exist to the east. Although the high density
residential land use designation would also permit development of greater
densities than that proposed, there is demand in the new home market at this
time to support this type of development. The use would not be detrimental to
adjacent property or residents in this area due to a less intense project and
zoning.
SECTION 3. 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 individual residential lots with open space, common
area and private streets. The proposed density is well below the maximum
permitted by the HDR General Plan land use designation. Private streets will
provide adequate access to residents and emergency vehicles seeking entrance
to individual properties. 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 R-3 zone in which the property is located. The PDD proposes
a set of development standards and design details with smaller setbacks than
would otherwise be required by the underlying zone. The overall density is less
than the minimum allowable for the zone and the average lot size is smaller than
Resolution No. 23404
Page 4
required by the zone. Improvements proposed include single family homes which
are prohibited in the R-3 zone. The applicant seeks approval to change the zone
by permitting single family uses on these specific parcels at this location. With
the approval of the PDD, the project will be consistent with this finding.
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 lots. Each lot is proposed to accommodate a two-story residence. A
total of 43 residences are proposed on the 6.37-acre site. The site has adequate
vehicular access with four proposed driveways to the public street, Belardo Road.
The site is physically suited for this type of development.
d. The site is physically suited for the proposed density of development.
The project proposes 43 single family dwelling units on approximately 6.37
acres or roughly 6.4 du/ac which is less than the allowable density under the
General Plan. The site abuts improved public streets with existing utilities and with
right of way widths that are projected in the City's 2007 General Plan update to
operate at normal levels of service (LOS).
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 was previously adopted. Mitigation measures from the
previously adopted Mitigation Monitoring and Reporting Program have been
included which will reduce potential impacts to less than significant levels.. The site
was partially developed for many years, and does not include any natural habitat.
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 lot.
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
Resolution No. 23404
Page 5
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 re-adopts a Mitigated Negative Declaration and approves preliminary
development plans for Case 5.1297 POD 364, a Planned Development District 341
establishing the POD in lieu of a Change of Zone; changing the zone / land use
classification from R-3 to PD 364; approving the Preliminary Development Plans; and,
approving Case TTM 36548 to subdivide the roughly 6.37 acres into 43 residential lots,
common area and private streets, subject to the conditions contained in Exhibit A, which
is attached hereto and made a part of this resolution.
ADOPTED THIS 3`d DAY OF JULY, 2013,
ATTEST: David H. Ready anager
GJ'ames Thompson, City Clerk
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. 23404 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 July 3, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, CaliforniaO��29�LD!3
Resolution No. 23404
Page 6
EXHIBIT A
Case No. 5.1297 PDD 364 and TTM 36548
"Dakota"
Planned Development District and Tentative Tract Map
West side of Belardo Road and South of Morongo Road
(1501 South Belardo Road)
July 3, 2013
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
(5.1297 PDD 364 TTM 36548); 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 (March 6, 2013), 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 36548, date stamped
April 18, 2013. 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.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
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Page 7
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 5.1297 PDD 364 TTM 36548. 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) and Tentative Tract Map (TTM) shall be valid for a period of two (2)
years from the effective date of the approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval.
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
Resolution No. 23404
Page 8
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, Tribal Fees Required. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
including any applicable habitat conservation plan fees shall be paid prior to
consideration of this project by the Planning Commission.
ADM 13. 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 14. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 15. 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.
Resolution No. 23404
Page 9
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-in-interest.
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 16. 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 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 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 Commission'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 (only applies to projects that are
Categorically Exempt from CEQA).
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 Mitigated Negative
Declaration shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the Mitigated Negative Declaration
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the
approved project description.
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Page 10
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
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 Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. 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) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
Resolution No. 23404
Page 11
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be
submitted in accordance with Section 94.03.00 (Planned Development
District) of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape
plans, irrigation plans, exterior lighting plans, sign program, mitigation
monitoring program, site cross sections, property development standards and
other such documents as required by the Planning Commission and Planning
Department. Final Planned Development District applications must be
submitted within two (2) years of the City Council approval of the preliminary
planned development district.
PLN 4. 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. Each gated area shall have pedestrian access to Belardo Road.
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 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.
PLN 11. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
Resolution No. 23404
Page 12
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 guests. 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. Development Standards
Setbacks for individual lots shall be as follows:
a. Front Yard: 5 feet
b. Side Yards: 3 feet
c. Street Side Yards: 5 feet
d. Rear Yard: 28 feet
e. Pool/spa setbacks: 3 feet
Distance Between Buildings: 6 feet
PLN 18. Hillside Open Space. The hillside area shown as Lot HH on TTM 36548 shall
be dedicated as open space.
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Page 13
PLN 19. Mobile Home Locations. The applicant shall submit a model home location
plan to the Planning Department for approval prior to issuance of building
permit.
PLN 20. Landscaping Plan: The applicant shall submit a landscaping plan, including
rear yards to and return to the Architectural Advisory Committee for review
and approval.
PLN.21. Rear Yard Fencino: Rear yard fencing on site perimeter to return to the
Architectural Advisory Committee for review and approval.
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.
BLD 2. Limitations on Hours of Construction. The applicant and his / her designated
contractor shall comply with all portions of Municipal Code, including
permitted construction hours:
Weekdays S t r ay Sundays & Holida s*
7 a.m. to 7 p.m. 8 a.m. to 5 .m. Not permifted
Thanksgiving Day, Christmas Day, New Years Day, July 4th, Labor Day and Memorial Day
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 3. The applicant shall be required to construct asphalt concrete paving for
streets in two separate lifts. The final lift of asphalt concrete pavement shall
Resolution No. 23404
Page 14
be postponed until such time that on-site construction activities are complete,
as may be determined by the City Engineer. Paving of streets in one lift prior
to completion of on-site construction will not be allowed, unless prior
authorization has been obtained from the City Engineer. Completion of
asphalt concrete paving for streets prior to completion of on-site construction
activities, if authorized by the City Engineer, will require additional paving
requirements prior to acceptance of the street improvements, including, but
not limited to: removal and replacement of damaged asphalt concrete
pavement, overlay, slurry seal, or other repairs, as required by the City
Engineer.
BELARDO ROAD
ENG 4. Dedicate a property line - corner cut back at each side of the Street "A"
intersection with Belardo Road in accordance with City of Palm Springs
Standard Drawing No. 105.
ENG 5. Dedicate abutters rights of access to Belardo Road along the entire frontage
of the project, excluding the four approved access points; vehicular access to
Belardo Road shall be prohibited except through the four approved access
points.
ENG 6. Remove existing street improvements as necessary to construct a Main Entry
and new street intersection (Street "A") located approximately 110 feet south
of the north site property line. The Main Entry shall be constructed with 25
feet radius curb returns and Type A curb ramps meeting current California
State Accessibility standards at the northwest and southwest corners of the
intersection of Belardo Road and Street "A" in accordance with City of Palm
Springs Standard Drawing No. 200 & 206, and 212, respectively.
ENG 7. Remove existing street improvements as necessary to construct three
driveway approaches in accordance with City of Palm Springs Standard
Drawing No. 201. Construct a driveway approach (26 feet wide) at the
southeast end of Street "B"; construct a driveway approach (25 feet wide)
approximately 165 feet south of the centerline of the Street "B" driveway
approach for the benefit of access to residential Lots 40, 41, and 42; construct
a driveway approach (16 feet wide) approximately 295 feet south of the
centerline of the Street "B" driveway approach for the benefit of access to
residential Lot 43.
ENG 8. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON-SITE PRIVATE STREETS
ENG 9. Dedicate an easement for public utility purposes, including sewers, with the
right of ingress and egress for service and emergency vehicles and personnel
over the proposed private streets.
Resolution No. 23404
Page 15
ENG 10. Street "A" shall be two-way with a minimum travelway width of 30 feet and
shall be constructed with standard 6 inch curb and gutter, a wedge curb, a
mow strip at roadway grade, or other approved curbs along both sides of the
street, and a centerline gutter, as necessary to accept and convey street
surface drainage of Street "A" to the drainage system, in accordance with
applicable City standards. Construct a Type B2 gutter, modified to 3 feet
wide, along the centerline of Street "A" in accordance with City of Palm
Springs Standard Drawing No. 200.
ENG 11. Streets "B" through "D" shall be two-way with a minimum travelway width of
25 feet, and shall be constructed with standard 6 inch curb and gutter, a
wedge curb, a mow strip at roadway grade, or other approved curbs on both
sides of the streets, and a centerline gutter, as necessary to accept and
convey street surface drainage of the on-site streets to the drainage system,
in accordance with applicable City standards. Construct a Type B2 gutter,
modified to 3 feet wide, along the centerlines of the on-site private Streets "B"
through "D" in accordance with City of Palm Springs Standard Drawing No.
200.
ENG 12. The minimum pavement section for all on-site pavement 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,
between the edges of the proposed gutters (or mow strips) of the on-site
private streets. 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 13. Parking shall be restricted along both sides of the on-site private streets, as
necessary to maintain a minimum 24 feet wide clear two-way travel way.
Alternatively, the guest parking areas scattered throughout the development,
shall be used in lieu of on-street parallel parking. Regulatory Type R26 "No
Parking" signs or red curb shall be installed along the private streets as
necessary to enforce parking restrictions. The Home Owners Association
(HOA) shall be responsible for regulating and maintaining required no parking
restrictions, which shall be included in Covenants, Conditions, and
Restrictions (CC&Rs) required for the development.
ENG 14. The gated Main Entry on Belardo Road is subject to review and approval by
the City Engineer and Fire Marshall. The applicant shall provide an exhibit
showing truck turning movements around the Main Entry, demonstrating the
ability of standard size vehicles to maneuver through the entry (without
reversing) if unable to enter the project. A minimum of 50 feet shall be
provided between the back of sidewalk on Belardo Road and the gated entry
directory/control panel, with an approved maneuvering area provided
between the directory/control panel and the entry gates. The ingress and
egress lanes shall be a minimum of 20 feet wide, unless otherwise approved
Resolution No. 23404
Page 16
by the Fire Marshall. A Knox key operated switch shall be installed at every
automatic gate. Secured automated vehicle gates or entries shall utilize a
combination of a Tomar Strobeswitch TM, or approved equal, and an approved
Knox key electric switch when required by the fire code official. Secured non-
automated vehicle gates or entries shall utilize an approved padlock or chain
(maximum link or lock shackle size of % inch) when required by the fire code
official. 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.
ENG 15. The gated entry at Street "B" shall be for egress only.
SANITARY SEWER
ENG 16. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 17. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 18. The proposed connection of the sewer system to the existing private sewer
manhole in Belardo Road, and the existing private sewer system across the
Plaza Del Sol Shopping Center is not approved. The existing on-site private
sewer system in the Plaza Del Sol Shopping Center is not an approved public
sewer system. As necessary to provide public sewer service to Tentative
Tract Map 36548, the applicant shall construct one of the following
alternatives or another alternative as approved by the City Engineer.
Alternative A: The applicant may extend an 8 inch V.C.P. sewer main in
Morongo Road from the existing terminal sewer manhole located
approximately 100 feet east of S. Palm Canyon Drive extending westerly to
Belardo Road; and in Belardo Road from Morongo Road extending southerly
to the proposed public sewer manhole located adjacent to the northeast
corner of the TM36548 site; the proposed on-site public sewer system shall
connect to this proposed sewer manhole. An alternative sewer alignment,
within public rights-of-way may be approved by the City Engineer. If this
alternative is constructed, the existing on-site private sewer system servicing
the Plaza Del Sol Apartments (Assessor's Parcel No. 513-300-045), shall be
connected to the extended public sewer system within Belardo Road; the
existing terminal manhole and 8 inch V.C.P. sewer main extending to Belardo
Road from the Plaza Del Sol Shopping Center shall be removed to a point
within the Plaza Del Sol Shopping Center, as required by the City Engineer.
Alternative B: The applicant may construct a public sewer main from the
Street "B" driveway across Belardo Road to Tribal Allottee Parcel 67B within
Resolution No. 23404
Page 17
that parcel identified by Assessor's Parcel No. 513-300-038 (Plaza Del Sol
Shopping Center) a minimum of 10 feet away from the most southern portion
of the Steinmart Building and connect to a proposed sewer manhole on the
west side of S. Palm Canyon Drive. A 20 feet wide public sewer easement
shall be attained across the Tribal Allottee parcel 67B for the Alternative B
public sewer main. When public dedications of easements or rights-of-way
over Tribal Allottee land are required, the applicant shall be responsible for
compliance with all Bureau of Indian Affairs (BIA) requirements, including
payment of any BIA fees, obtaining appraisals and payment of just
compensation to the underlying owner. It is the applicant's responsibility to
determine what additional costs or other requirements may be necessary to
obtain any required public dedications as identified by the City for this
development. Required public dedications for easements or rights-of-way are
"without limitation as to tenure"; easements granted with a defined term, or
made in connection with an underlying Indian Land Lease, shall not be
accepted. Upon completion of Alternative B improvements by the applicant,
and as a condition of acceptance by the City Engineer, the applicant shall
prepare for the City Engineer's approval, an Affidavit of Completion in
accordance with Section 169.16, Title 25, of the Code of Federal Regulations,
for any improvements constructed by the applicant for which an easement
was dedicated to the City through the Bureau of Indian Affairs. The Affidavit
of Completion shall be provided to and approved by the City Engineer prior to
final acceptance of the project, including issuance of a final certificate of
occupancy. The applicant shall be responsible for obtaining the necessary
form for the Affidavit of Completion from the Palm Springs Agency of the
Bureau of Indian Affairs, and for having it completed as necessary by the
applicant's Engineer of Record.
ENG 19. Construct an 8 inch V.C.P. sewer main across the entire on-site private street
frontages located 5 feet from centerline or as required by the City Engineer
and connect to the extended public sewer system in Belardo Road at the
northeast corner of the site or alternatively, connect to an extended public
sewer system going from the project from the "B" Street driveway across
Belardo Road to the Plaza Del Sol Shopping Center onto Tribal Allottee
Parcel 67B. All sewer mains constructed by the applicant and to become part
of the public sewer system shall be digitally video recorded by the City prior to
acceptance of the sewer system for maintenance by the City. A computer disc
of the video recording shall be provided to the City Engineer for review. Any
defects of the sewer main shall be removed, replaced, or repaired to the
satisfaction of the City Engineer prior to acceptance.
ENG 20. The applicant shall dedicate a 15 feet wide public sewer easement across
common area Lot AA. The required sewer easement shall be located entirely
within common area Lot AA. Note that the sewer main shall be constructed in
Street "A" from Street "B" to Belardo Road, and not across Lot 1. The
easement shall be kept clear and free of any and all obstructions to allow for
the continued operation and maintenance of the proposed public sewer main
Resolution No. 23404
Page 18
within the easement. Construction of permanent structures or other
improvements determined to be an obstruction of the public sewer easement
shall not be allowed. Planting of large trees or other planting material with
invasive or deep root structures shall be restricted. Access to the public
sewer easement from Street "B" shall be maintained. Provisions for the
maintenance of the public sewer easement, acceptable to the City Engineer,
shall be included in the CC&Rs for the tract. Notice shall be clearly included in
the CC&Rs defining restrictions of development within the easement.
ENG 21. Provisions for maintenance of the public sewer easement, acceptable to the
City Engineer, shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development. Notice shall be clearly included in
the CC&Rs defining the restrictions of development within the easement
across common area Lot AA. The CC&Rs shall advise the property owners
of the City's right to enter the site, clear and remove any and all
improvements and/or obstructions within the easement, and give the City the
right to charge all costs incurred in enforcing this provision to the owners of
common area Lot AA. The CC&Rs shall also advise the property owners of
the fact that the City is not required to replace in like kind, any landscaping or
other improvements within the public sewer easement in the event repair or
replacement of the existing sewer main is required, and that the City shall be
limited to leaving the property in a rough graded condition following any such
repair or replacement.
ENG 22. Applicant shall construct an 8 inch V.C.P. sewer main across the entire on-
site private street frontages located 5 feet from centerline or as required by
the City Engineer and connect to the extended public sewer system in
Belardo Road adjacent to the northeast corner of the TTM36548 site or
alternatively, to connect to the proposed public sewer main across the Tribal
Allottee parcel running easterly to the proposed public sewer manhole on the
west side of S. Palm Canyon Drive or alternatively to another location as
approved by the City Engineer. The on-site public sewer system will not be
accepted for public maintenance until the system has been accepted by the
City.
ENG 23. 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 24. Common space Lot HH shall not be graded by applicant. A Grading plan
submitted to the City Engineer for review and approval shall incorporate this
grading restriction. Lot HH shall be dedicated to the City on the Final Map for
open space, recreation, or other purposes, as approved by the City Engineer.
Resolution No. 23404
Page 19
ENG 25. Submit a Precise Grading & Paving 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 has completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative
Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of
the associated Hydrology Study/Report; and a copy of the project-specific
Final Water Quality Management Plan.
ENG 26. Prior to approval of a Grading Plan or issuance of any 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 27. 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
Resolution No. 23404
Page 20
perimeter fencing shall be installed after issuance of Grading Permit, and
immediately prior to commencement of grading operations.
ENG 28. 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 29. 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 30. Prior to issuance of grading permit, the applicant shall provide verification to
the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid
to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.
ENG 31. In accordance with the Geologic Evaluation for Rock Fall Hazard Report
prepared by Earth Systems, dated June 9, 2006, the following mitigation
measures shall be required:
a. The proposed retaining wall along the toe of slope of the mountains shall
be utilized as a debris wall. The wall shall have a minimum of 2 feet of
freeboard with a v-channel constructed on the slope-facing side to
manage stormwater runoff. The v-channel shall require routine
maintenance to clean accumulated debris that may roll or wash down the
slope and collect behind the wall. Provisions for maintenance of the v-
channel shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development.
b. Structure setbacks shall be a minimum of 10 feet from the toe of slope.
ENG 32. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 33. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system. A
copy of the executed letter issuing a Waste Discharge Identification (WDID)
number shall be provided to the City Engineer prior to issuance of a grading
or building permit.
ENG 34. This project requires the 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
Resolution No. 23404
Page 21
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 35. 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 at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 36. 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.
ENG 37. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 38. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any building foundation.
ENG 39. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
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
Resolution No. 23404
Page 22
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&Rs) required for the
development.
ENG 41. 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 the site. Direct release of
nuisance water to the adjacent property or public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
ENG 42. 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 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 the issuance of any grading or building permits.
ENG 43. Prior to issuance of certificate of occupancy or final City approvals, 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
Resolution No. 23404
Page 23
(c) demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 44. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved
drainage system. The applicant shall obtain approval from Riverside County
Flood Control & Water Conservation District (RCFC) for connection of
proposed storm drain improvements to the existing regional flood control
system identified as Palm Springs Line 28-13. Verification of the capacity of
Palm Springs Line 28-B for the additional stormwater runoff accepted and
conveyed by Tentative Tract Map 36548 shall be determined, subject to
review and approval by RCFC and the City Engineer. RCFC approval shall
be required for any connection of proposed storm drain facilities to the
existing RCFC facility. The applicant shall be required to obtain an
Encroachment Permit from RCFC for connection of proposed storm drain
improvements to Palm Springs Line 28-B. A copy of the Encroachment
Permit shall be provided to the City Engineer, prior to approval of on-site
storm drain improvement plans.
ENG 45. The Preliminary Hydrology Analysis for Tentative Tract No. 36548, prepared
by Sanborn A/E, Inc., dated March, 2013, shall be finalized to determine the
volume of increased stormwater runoff due to development of the site, and to
determine required stormwater runoff mitigation measures for the proposed
development. Final storm drain system sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
final hydrology analysis by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the final
hydrology analysis. In the event additional capacity is unavailable within
Palm Springs Line 28-B, the applicant shall be required to revise the
Hydrology Analysis to identify additional stormwater runoff mitigation
measures necessary to contain the increased stormwater runoff generated
from Tentative Tract Map 36548.
ENG 46. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
ENG 47. Construct drainage improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on-site streets, as described in the
Preliminary Hydrology Analysis for Tentative Tract No. 36548, prepared by
Resolution No. 23404
Page 24
Sanborn A/E, Inc., dated March, 2013. The hydrology analysis for Tentative
Tract Map 36548 shall be amended to include catch basin sizing and storm
drain pipe sizing, and other specifications for construction of required on-site
storm drainage improvements.
ENG 48. 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&Rs) required for this project.
ENG 48b.Applicant shall design the storm drain system so that the 10-year storm will
be discharged to Regional Storm Drain Line 2813; the difference in runoff
between the 100-year storm and the 10-year storm will be discharged as
secondary free land overflow to the on-site streets and ultimately to Belardo
Road through a catch basin outlet system; or another alternative as approved
by the City Engineer.
ENG 49. 15 feet wide easements to the future Home Owners Association for storm
drainage purposes shall be reserved over non-hillside areas of Lots 1 through
10, common area lots DD (on each side of the Main Entry), residential Lots
21, 24 and 25, 26 and 27, 33 and 34, common area Lots AA and BB, and
residential Lot 38 and 39, and Lot 40 through Lot 43 (or others, as may be
required) for those portions of the on-site private storm drain system that
cross individual lots. 10 feet wide easements to the future Home Owners
Association for storm drainage purposes shall be reserved over the hillside
portions of the aforementioned lots for the on-site private storm drain system
as necessary.
ENG 50. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit. Drainage
fees may be waived upon verification of prior costs paid related to the
construction of the Palm Springs Storm Drain Line, Lateral 28B.
GENERAL
ENG 51. 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
Resolution No. 23404
Page 25
may require complete grinding and asphalt concrete overlay of the affected
off-site streets, at the discretion of the City Engineer. The pavement condition
of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
ENG 52. All proposed utility lines shall be installed underground.
ENG 53. All existing utilities shall be shown on the improvement plans for the project.
The existing and proposed service laterals shall be shown from the main line
to the property line.
ENG 54. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of
a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of
the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval by the City Engineer.
ENG 55. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 56. 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.
ENG 57. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 58. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 59. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&Rs shall be
Resolution No. 23404
Page 26
approved by the City Attorney prior to approval of the Final Map, or in the
absence of a Final Map, shall be submitted and approved by the City Attorney
prior to issuance of Certificate of Occupancy.
ENG 60. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the following
data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments
(ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown
as continuous lines; full map annotation consistent with annotation shown on
the map; map number; and map file name. G.I.S. data format shall be
provided on a CDROM/DVD containing the following: ArcGIS Geodatabase,
ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), 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 61. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks. Minimum clearance on public sidewalks shall
be provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the Belardo Road frontage of the
subject property.
ENG 62. 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 63. Applicant shall restripe the bike lane (if necessary, as determined by the City
Engineer) using thermoplastic material along the project frontage on the west
side of Belardo Road. All required traffic striping and signage improvements
shall be completed in conjunction with required street improvements, to the
satisfaction of the City Engineer, and prior to issuance of a certificate of
occupancy.
ENG 64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of Belardo Road and the Main Entry, as well
as at the Street "B" driveway access south of the Main Entry, in accordance
with City of Palm Springs Standard Drawing Nos. 620-625 and the California
Manual on Uniform Traffic Control Devices for Streets and Highways, dated
January 13, 2012, or subsequent editions in force at the time of construction,
as required by the City Engineer.
Resolution No. 23404
Page 27
ENG 65. If identified by a name, install a street name sign at the intersection of Belardo
Road and the Main Entry in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625 and the California Manual
on Uniform Traffic Control Devices for Streets and Highways, dated January
13, 2012, or subsequent editions in force at the time of construction, as
required by the City Engineer.
ENG 66. Install stop controls at on-site street intersections, as may be required by the
City Engineer. Stop signs within the development may be customized,
provided the sign maintains the minimum standards for stop signs in the
California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction, subject to review and approval by the City Engineer.
ENG 67. The applicant shall provide and install one 5600 lumen high pressure sodium
vapor decorative safety street light with glare shield on marbelite pole on the
southwest corner of Belardo Road and the Main Entry with the mast arm over
Belardo Road. The decorative nature of the street light shall be similar to the
style within the project or within the Plaza Del Sol Shopping Center. The
applicant shall coordinate with Southern California Edison for required permits
and work orders necessary to provide electrical service to the street light.
ENG 68. 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 for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction.
ENG 69. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
GENERAL 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. Initial fire
department conditions have been determined on the site plan dated February
21, 2013 . Additional requirements may be required at that time based on
revisions to site plans.
Resolution No. 23404
Page 28
FID 2 Fire Department Conditions were based on the 2010 California Fire Code.
Four 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 Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or drawing,
and an electronic version in an industry standard file format capable of being
used in a geographical information system (GIS) preferably an ESRI shape
file(s) shall be provided to the fire department. The GIS file shall be projected
in the California State Plane Zone VI coordinate system and capable of being
re-projected into the North American Datum 1983 coordinate system. PDF
files by themselves will not meet this requirement. The GIS and ESRI shape
file(s) shall clearly show all access points, fire hydrants, KNOXTm box
locations, fire department connections, dwelling unit or suite identifiers, main
electrical panel location(s), sprinkler riser and fire alarm locations. Industry
standard symbols used in emergency management and pre-fire planning are
encouraged. Large projects may require more than one page. AutoCAD files
will be accepted but must be approved prior to acceptance.
FID 4 PLANS AND PERMITS
When there are significant changes in occupancy, water supply, storage
heights, type, and quantity of storage, storage configurations, Tenant
Improvements or any other changes which may affect the fire sprinkler
system design, the owner, tenant or contractor shall submit plans and secure
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 two sets.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: M — TH, 8:00 AM — 6:00 PM
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. The minimum fee is $ 208.00. These fees are established by
Resolution of the Palm Springs City Council.
Resolution No. 23404
Page 29
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.
Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall
clearly show all access points, fire hydrants, knox box locations, fire
department connections, unit identifiers, main electrical panel locations,
sprinkler riser and fire alarm locations. Large projects may require more than
one page.
FID 5 Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of
Government Code Section 53311 et seq, or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study and
shall not exceed $500 annually with a consumer price index escalator. The
district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
FID 6 Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13'6". Fire Department
access roads shall have an all-weather driving surface and support a
minimum weight of 73,000 lbs.
FID 7 Access Road Dimensions (CFC 503.2.1): Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
Resolution No. 23404
Page 30
FID 8 Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have
a clear width of at least 15 feet and be equipped with a frangible chain and
padlock.
FID 9 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. The security gates and the emergency operation shall be
maintained operational at all times. 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 '/4 inch). Approved
security gates shall be a minimum of 14 feet in unobstructed drive width on
each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronically controlled gates may become operative.
Prior to final inspection, electronic gates shall remain in a locked-open
position.
FID 10 Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
• Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet, a greater width for private streets may be required
by the City engineer to address traffic engineering, parking, and other
issues. The Palm Springs Fire Department requirements for two-way
private streets, is a minimum width of 24 feet is required for this
project, unless otherwise allowed by the City engineer. No parking
shall be allowed in either side of the roadway.
2. Roads must be 30 feet wide when parking is not allowed on only one
side of the roadway.
3. Roads must be 40 feet wide when parking is not restricted.
Resolution No. 23404
Page 31
FID 11 Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet except for approved security gates
in accordance with Section 503.6 and an unobstructed vertical clearance of
not less than 13 feet 6 inches.
FID 12 Roadway Dimensions: Private streets shall have a minimum width of at least
20 feet, pursuant to California Fire Code 503.2.1 however, a greater width for
private streets may be required by the City engineer to address traffic
engineering, parking, and other issues. The Palm Springs Fire Department
requirements for two-way private streets, is a minimum width of 24 feet,
unless otherwise allowed by the City engineer. No parking shall be allowed in
either side of the roadway.
FID 13 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 14 Required Turn Arounds: 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-
02.
FID 15 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.
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. Decomposed granite (DG),
grass, dirt, sand and other materials that can wash away, develop ruts or be
dug up shall not be used. Interlocking pavers, turf block or other similar
materials may be allowed, subject to the provision of proper base material
and compliance with City Engineering Department compaction requirements.
Prior to permit sign-off, compaction test results shall be submitted to the City
Engineering Department for approval.
FID 16 Premises Identification (505.1): New and existing buildings shall have
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 numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches high for SFR occupancies
and 6" - 12" for all other occupancies depending on distance from street with
a minimum stroke width of 0.5 inch. Where access is by means of a private
Resolution No. 23404
Page 32
road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure.
FID 17 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)
FID 18 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.
FID 19 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, 2010 Edition, as modified by local ordinance. The
contractor should submit fire sprinkler plans as soon as possible. No portion
of the fire sprinkler system may be installed prior to plan approval.
FID 20 Residential Smoke and Carbon Monoxide Alarms Installation with Fire
Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315): Provide
and install Residential Smoke and Carbon Monoxide Alarms (Kidde SM120X
Relay / Power Supply Module connected to multi-station Kidde smoke and
carbon monoxide alarms or equal system and fire sprinkler flow switch).
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alarms shall be
interconnected so that operation of any smoke alarm, carbon monoxide alarm
or fire sprinkler flow switch causes all smoke and carbon monoxide alarms
within the dwelling to sound and activate the exterior horn/strobe.
The wiring of this system shall be in accordance with Kidde SM120X Relay /
Power Supply Module manual and Figure 2 (see attached). The 120 volt
device wired to turn on when alarm sounds is the exterior horn / strobe. The
pull for fire device is the fire sprinkler flow switch.
FID 21 Additional Residential Smoke Alarm Requirements (NFPA 72: 29.5.1.3):
Where the interior floor area for a given level of a dwelling unit, excluding
garage areas, is greater than 1,000 Sq. Ft., the additional requirements are
that all points on the ceiling shall have:
a. A smoke alarm within a distance of 30 ft travel distance or
b. An equivalent of one smoke alarm per 500 Sq. Ft. of floor
area.
Resolution No. 23404
Page 33
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 22 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be
installed as follows:
(1) Outside of each separate dwelling unit sleeping area in the
immediate vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including
basements, excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or
standards
Each alarm or detector shall be located on the wall, ceiling, or other location
as specified in the manufacturer's published instructions that accompany the
unit.
FID 23 Audible Residential Water Flow Alarms (CFC 903.4.2): An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with
WBB back box or equal) shall be provided on the exterior of the building in an
approved location. The horn/strobe shall be outdoor rated.
FID 24 Wildland-Urban Interface Fire Area: This building site is located in a
geographical area identified by the state as a "Fire Hazard Severity Zone" in
accordance with the Public Resources Code Sections 4201 through 4204 and
Government Code Sections 51175 through 51189, or other areas designated
by the enforcing agency to be at a significant risk from wildfires.
FID 25 Construction Methods & Requirements Within Established Limits (CFC
4905.2): Within the limits established by law, construction methods intended
to mitigate wildfire exposure shall comply with the wildfire protection building
construction requirements contained in the California Building Standards
Code including the following:
1. California Building Code Chapter 7A,
2. California Residential Code Section R327
3. California Reference Standards Code Chapter 12-7A
4. and this chapter
FID 26 Establishment Of Limits (CFC 4905.3) The establishment of limits for the
Wildland-Urban Interface Fire Area's required construction methods shall be
designated pursuant to the California Public Resources Code for State
Responsibility areas or by a local agency following a finding supported by
substantial evidence in the record that the requirements of this section are
Resolution No. 23404
Page 34
necessary for effective fire protection within the area. This wildland-urban
interface area has been designated as a "Severe Fire Hazard Zone".
END OF CONDITIONS