HomeMy WebLinkAbout22684 RESOLUTION NO. 22684
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING
AN AMENDMENT TO TENTATIVE TRACT MAP
34165, REVISING THE MAP FROM A SINGLE LOT
MAP FOR CONDOMINIUM PURPOSES TO A
SUBDIVISION OF 53 SINGLE FAMILY LOTS WITH
COMMON PRIVATE ROADWAYS AND PARKING.
WHEREAS, Nexus Development (O & M, LLC), ("Applicant') has filed an
application with the City pursuant to Section 66474 of the State of California
Subdivision Map Act, and Section 9,64 of the Palm Springs Municipal Code (Maps),
requesting approval for an amendment to a previously approved Tentative Tract Map
for a residential development on an approximately 8.5 acre parcel at the southeast
corner of Avenida Caballeros and Aiello Road, and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider Case 5.1082 AMND PDD 321 & TTM 34165 AMND was
given in accordance with applicable law; and
WHEREAS, on March 24, 2010, a public hearing on Case 5.1082 AMND PDD
321 & TTM 34165 AMND was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project has been determined to be a project subject to environmental
analysis under CEQA; and
WHEREAS, the original Tentative Tract Map (Case 5.1082 PDD 321, TTM
34165) was reviewed and recommended for approval by the Planning Commission on
March 8, 2006 and the PDD and TTM were reviewed and approved by the City Council
on April 19, 2006; and
WHEREAS, the original TTM 34165 was approved as a single lot map for
condominium purposes for 84 condominium dwelling units with private streets and a
common pool and recreation building on an approximately 8.48 acre site at the
southeast corner of Avenida Caballeros and Alejo Road; and
WHEREAS, the amended TTM 34165 is submitted as a subdivision map of 53
single family residential lots with common private streets and off-street parking areas;
and
WHEREAS, at said hearing on March 24, 2010, the Planning Commission, after
carefully reviewing and considering 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
Resolution No. 22684
Page 2
oral testimony presented, certified the environmental analysis was an adequate
assessment of the project's impacts in accordance with the California Environmental
Quality Act (CEQA) and that with the mitigation measures proposed reduced any
potentially significant impacts to less than significant and voted 4-2-1 to approve Case
5.1082 AMND PDD 321 subject to conditions of approval, and recommended approval
by the City Council of Case 5.1082 AMND PDD 321 and Tentative Tract Map
Amendment TTM 34165 AMND subject to conditions of approval; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1082 AMND PDD 321 & TTM 34165 AMND was given in
accordance with applicable law, and
WHEREAS, on April 7, 2010, a public hearing on the TTM amendment
application 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 meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (C1=QA) Guidelines,
the City has prepared an environmental study and concluded that
significant adverse impacts may occur as a result of the project. A
Mitigated Negative Declaration for this project was previously adopted by
the City Council on April 19, 2006. Pursuant to Section 15162 of the
California Environmental Quality Act (CEQA), the preparation of further
environmental assessment is not necessary since the proposed
amendment proposes a lower density project. The City has determined
that the amendment proposes no additional impacts, and actually reduces
potential impacts by proposing 31 fewer units. The project as amended
could not, therefore, result in any new environmental impacts beyond
those already identified and assessed in the adopted mitigated negative
declaration.
Section 2: Tentative Tract Map Amendment
Pursuant to Section 66474 of the State of California Subdivision Map Act
the following findings are hereby made in support of the TTM amendment:
a. The proposed Tentative Tract Map is consistent with all
applicable general and specific plans.
Resolution No. 22684
Page 3
The proposed TTM is consistent with the General Plan because the
General Plan and Specific Plan propose medium density residential (6 to
15 du/ac) and high density residential development (15 to 30 du/ac) on
these parcels. The proposed density is 6.25 dwelling units per acre
(du/ac). The proposed project is consistent with the Section 14 Specific
Plan in that it proposes a residential use in an area designated for such a
use.
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 consistent
with the Section 14 Specific Plan HR and MBR zones and the underlying
R-G-A (8) 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, however the overall
density is less than the maximum allowable for the zone and the average
lot size is greater than the minimum site area per dwelling unit of the
zone. The improvements proposed include single family homes which are
prohibited in the MBR and HR land use areas of the Section 14 Specific
Plan, however the PDD amendment seeks approval to amend the Section
14 Specific Plan by permitting single family uses on these specific parcels
in the MBR and HR land use areas. With the approval of the PDD
amendment, the project will be consistent with this finding.
c. The site is physically suited for this type of development.
The project site is flat, and is located in an area with all urban services
and utilities, including streets. The project proposes 53 single family
residential dwelling units. It is surrounded by similar residential uses and
the General Plan and Specific Plan propose residential uses for this site.
d. The site is physically suited for the proposed density of
development.
The project proposes 53 single family dwelling units on approximately 8.48
acres or roughly 6.25 du/ac which is less than the allowable density under
the Specific Plan and General Plan. The site abuts improved public streets
with existing utilities and with either existing or proposed right of way widths
that are projected in the City's 2007 General Plan update to operate at
normal levels of service (LOS).
Resolution No. 22684
Page 4
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their
habitats.
The Initial Study prepared for the project determined that with
implementation of proposed mitigation measures, any environmental
impacts regarding project construction effects on air quality, and noise will
be reduced to a level that is less than significant.
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. The residential uses proposed are
consistent with those uses permitted by the General Plan, the Specific Plan
and the Zoning Code. The subdivision is proposed with no sidewalks on
the interior private streets. Pedestrians within the development would have
to walk in the streets, however sidewalks are not required by the State
Subdivision Map Act. Providing sidewalks would provide a separation of
vehicular and pedestrian movement within the development.
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 approves Case TTM 34165 AMND, as the amended Tentative Tract
Map 34165 related to Case 5.1082 AMND PDD 321, subject to development standards
set forth in Exhibit A and conditions set forth in Exhibit B.
Resolution No. 22684
Page 5
ADOPTED THIS 7TH DAY OF APRIL, 2010.
David H. Ready, Ci ger
ATTEST:
es 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. 22684 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 April, 2010, by
the following vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California
Resolution No. 22684
Page 6
EXHIBIT A—PDD 321 AMND; TTM 34165 AMND -LOT AREAS SETBACKS AND COVERAGE
AREAS IS.F. TABULATED PERCENTAGES SETBACKS&YARDS
Lot Land-
LOT Lot Bldg Drive- Patio/ Cover- Drive- Open scap
# Area Area Pool way Walks a e wa S eee a N'LY 5'LY E'LY W'LY
1 5758 166E 360 177 1627 32% 3% 68% 34% 4 3 7 27
2 556E 186E 360 177 1627 33% 3°k 70% 31% 4 5 6 28
3 6163 166E 360 177 1627 30°h 3°h 73°k 38% 4 5 7 27
4 7719 1661 360 177 1627 24% 2% 1 78% 50% 23 5 6 28
5 6414 1661 360 188 1072 29% 3% 74% 49% 28 6 5 6
6 5882 1661 1 360 188 1134 31% 3% 72% 43% 28 6 5 0
7 5833 1661 360 188 684 32% 3% 72% 50% 26 6 5 4
8 5852 1661 360 188 1134 32% 3% 72% 43% 28 6 5 0
9 6809 1661 360 188 684 32% 3% 71% 50% 28 6 5 4
10 6120 1661 360 188 1072 30% 3% 73% 46% 27 6 5 0
11 6673 1662 360 71 1198 26% 1% 75% 51% 34 0 20 5
12 4953 1662 360 222 660 38% 4% 66% 41% 0 0 21 8
13 5547 1661 3fi0 263 906 35°A 5% 70% 42% 0 5 21 8
14 5710 1661 360 222 680 33% 4% 71% 49% 5 0 20 8
15 5545 1661 360 263 906 35% 5% 70% 42% 0 5 21 8
16 5708 1661 360 222 660 33% 4% 71% 49% 5 0 20 8
17 5545 1661 360 263 906 35% 5% 70% 42% 0 5 21 8
18 5710 1661 360 222 660 33% 4% 71% 49% 5 0 20 8
19 7418 1661 360 263 906 26% 4% 78% 57% 0 20 21 8
20 6362 1661 360 188 1015 29% 3% 74% 49% 7 29 6 0
21 5939 1661 360 188 1015 31% 3% 72% 46% 6 29 0 4
22 5981 1661 360 188 1015 31% 3% 72% 46% 7 29 5 0
23 5907 1661 360 198 1015 31% 3% 72% 45% 6 29 0 5
24 595E 1661 360 188 1015 31% 3% 72% 46% 6 29 5 0
25 6478 1661 360 188 1015 29% 3% 74/ 50% 6 28 0 5
26 7724 1660 360 177 1627 24% 2% 79% 50% 0 24 9 26
27 5562 1660 360 177 1627 33% 3% 70% 31% 4 0 7 26
28 6120 1660 360 177 1627 30% 3% 73% 38% 0 5 7 27
29 6352 1660 360 177 1627 29% 3% 74% 40% 9 0 6 28
30 6095 1660 258 288 758 32% 5% 73% 51% 16 17 5 17
31 5126 1660 258 180 743 36% t-%/668%
45% 10 20 5 11
32 5257 1660 258 286 758 37% 44% 16 17 5 11
33 5281 166E 258 288 758 37°k % 44°k 16 17 5 11
34 5109 1660 258 180 743 36% % 44% 10 20 5 11
35 5998 1660 258 286 758 32% % 51% 16 17 5 11
36 5756 1660 258 353 773 35% % 47% 4 20 5 4
37 4746 1660 258 407 773 44% % 35% 4 23 5 4
38 4567 1660 258 353 773 44% % 33% 4 20 5 9
39 4567 166E 258 353 773 44°k % 33% 4 20 5 9
40 4745 166E 258 407 773 44% % 35% 4 23 5 4
41 5219 1660 258 353 773 39% % 42% 4 20 12 9
42 6092 166E 258 288 756 32% % 51% 16 17 5 17
43 5125 1660 258 180 743 360/6 4% 68% 45% 10 19 5 11
44 5256 1660 258 288 758 37% 5% 68% 44% 16 17 5 11
45 5280 1660 258 288 758 37% 5% 69% 44% 13 20 5 11
46 5089 1660 258 180 743 36% g7%
67% 44% 10 20 5 11
47 5998 1660 258 288 758 32% 72% 51% 16 17 12 11
48 5756 1660 258 407 773 36% 71% 46% 4 19 5 4
49 4747 1660 258 407 773 44% 65% 35% 4 23 5 4
50 4568 1660 258 407 773 45% 64% 32% 4 19 5 9
51 4568 1660 258 407 773 45% 64% 32% 4 19 5 9
52 4765 1660 258 344 765 42% 65% 36% 4 23 5 9
53 5221 1660 258 407 773 40% 68% 41% 4 19 12 9
Avg. 6683
Ttl 301225 88004 16632 13312 50652
Resolution No. 22684
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EXHIBIT B
Case 5,1082 AMND PDD 321 "Delano" a subdivision of 53 single family attached and detached
residences, and TTM AMND 34165
April 7, 2010
Southeast corner of Avenida Caballeros and Alejo Road
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
(5.1082 AMND PDD 321 TTM AMND 34165); 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 17, 2010),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division and TTM 34165
amended dated 3/17/10, 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 an amendment to Tentative Tract Map
34165 located at the southeast corner of Avenida Caballeros and Alejo Road,
date stamped 3/17/10. 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
City of Palm Springs, its agents, officers, and employees from any claim,
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Page 8
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 5.1082 AMND PDD 321 TTM AMND 34165, 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 Rom. 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.
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. ftht_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.
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Page 9
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. Community Services District. 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.
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Page 10
ADM 13. Tribal Fees Re uired. The project is located on the reservation of the Agua
Caliente Band of Cahuilla Indians. Development fees, environmental
conservation plan fees and any other fees as required by the Tribal Council
shall be paid prior to issuance of a building 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.
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.
ADM 18. Removal of Green Construction Fencing. The applicant/developer shall be
required to remove the temporary construction fencing around the perimeter
of the subject property subject to the approval of the Director of Public Works
and reinstall construction fencing in conformance with the City of Palm
Springs requirements at the commencement of construction activities.
ADM 19. Exterior Lighting Plan. An exterior lighting plan in accordance with Zoning
Ordinance Section 93,21.00, Outdoor Lighting Standards, shall be submitted
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for review and approval by the Director of Planning Services prior to the
issuance of building permits. Manufacturer's cut sheets of all exterior lighting
on the project and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized.
ADM 20. Perimeter Wall Design Review. The applicant shall submit to the Director of
Planning for review and approval by the AAC, the design of the perimeter wall
for the subject project for conformance with Section 14 Specific Plan Section
7.2.5; "FencesNdalls" on page 7-11, No wall or fence visible from a street
shall extend more than 25 feet horizontally without a visual break created by
an articulation and/or architectural detailing in the wall plane facing the street.
Include benches and public aft on the street-side of the exterior perimeter
wall.
ADM 21. Dust Control. Prior to issuance of a grading permit, a Fugitive Dust and
Erosion Control Plan shall be submitted and approved by the City Engineer.
Refer to Chapter 8.50 of the Municipal Code for specific requirements.
ADM 22. Grading Plan. The grading plan shall show the disposition of all cut and fill
materials. Limits of site disturbance shall be shown and all disturbed areas
shall be fully restored or landscaped.
ADM 23. Other Approvals Required. Separate architectural approval and permits shall
be required for all signs. A detailed sign program shall be submitted for
review and approval by the Planning Commission prior to issuance of building
permits.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1, Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Permit Fee (LDMF). This project is exempt from
CVMSHCP LDMF fees.
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
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Page 12
Department of Fish & Game. Applicants may apply for a refund by the CFG
at)8 dfg.ga.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
approved project description. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the mitigated negative declaration
will be included in the Planning Commission consideration of the
environmental assessment. Mitigation measures are as follows:
MM III-1 To the extent feasible, the project contractor shall use the following equipment
and methods to reduce construction emissions:
A. Measures to mitigate for off-road mobile source emissions (Table 11-3 of
SCABMD CEQA Handbook):
1. Methane-fueled pile drivers.
2. Use electricity from power poles rather than temporary diesel or gasoline
power generators.
3. Use methanol or natural gas on-site mobile equipment instead of diesel.
4. Use propane or butane-powered on-site mobile equipment instead of
gasoline.
B. To mitigate for PM10 Emissions:
1. Grading
a. Apply non-toxic soil stabilizers according to manufacturers'
specification to all inactive construction areas (previously graded
areas inactive for ten days or more).
b. Replace ground cover in disturbed areas as quickly as possible.
c. Enclose, cover, water twice daily or apply non-toxic soils binders
according to manufacturers' specifications, to exposed piles (i.e.,
gravel, sand, dirt)with 5% or greater silt content.
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 mph.
f. Monitor for particulate emissions according to District-specified
procedures. Contact the District for more information at (714)
396-3600.
2. Paved Roads
a. Sweep streets at the end of the day if visible soil material is
carried onto adjacent public paved roads (recommend water
sweepers with reclaimed water).
b. Install wheel washers where vehicles enter and exit unpaved
roads onto paved roads, or wash off trucks and equipment
leaving the site each trip.
3. Unpaved Roads
a. Apply water three times daily, or non-toxic soil stabilizers
Resolution No. 22684
Page 13
according to manufacturers' specifications, to all unpaved
parking or staging areas or unpaved road surfaces.
b. Traffic speeds on all unpaved roads to be reduced to 15 mph or
less.
C. Pave construction roads that have a traffic volume of more than
50 daily trips by construction equipment, 150 total daily trips for
all vehicles.
d. Pave all construction access roads at least 100 feet on to the site
from the main road.
e. Pave construction roads that have a daily traffic volume of more
than 50 vehicle trips.
MM III-2 The following measures from the District's Rule 403, Table 1 Best Available
Control Measures shall also be implemented. Rule 403 prohibits the release of fugitive dust
emissions from any active operation, open storage pile, or disturbed surface area beyond the
property line of the emission source:
A. Stabilize backfill material during handling and at completion of activity.
B. Pre-water soils prior to cut and fill activities.
C. Stabilize wind erodible surfaces to reduce dust.
D. Stabilize surface soils where support equipment and vehicles will operate.
E. Stabilize disturbed soils throughout the construction site.
F. Pre-apply water and re-apply water as necessary to maintain soils during earth-
moving activities. Visible emissions shall not exceed 100 feet in any direction.
G. Maintain at least six feet of freeboard on haul vehicles.
H. Stabilize stockpiled soils.
I. Limit vehicular travel to establish unpaved roads (haul routes) and unpaved
parking lots.
The above measures shall be implemented during all grading and
construction phases of the project and enforced/monitored by the City of
Palm Springs and the SCAQMD. Implementation of these mitigation
measures would reduce construction-related emissions in accordance
with the reduction efficiencies shown in Tables 11-3 and 11-4 of the
SCAQMD CEQA Handbook. These measures are considered adequate
by the District to reduce emissions to less than significant.
MM V-1 As there is always a possibility of buried cultural and paleontological resources in
a project area, a Native American Monitor(s) shall be present during all round disturbing
activities including clearing and grubbing, excavation, burial of utilities, planting of rooted
plants, etc. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for
additional information on the use and availability of Cultural Resource Monitors. Should
buried cultural deposits be encountered, the Monitor shall contact the Director of Planning
Services. Following consultation, the Director shall have the authority to halt destructive
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Page 14
construction and shall notify a qualified archaeologist to investigate the find. If necessary, the
qualified archaeologist shall prepare a treatment plan for submission to the State Historic
Preservation Officer and Ague Caliente Cultural Resource Coordinator for approval. If human
remains are discovered they shall be handled consistent with the state law provisions.
To comply with the City 65 dBA CNEL exterior and 45 dBA CNEL interior noise level
standards, the following mitigation measures outlined in the noise study(Endo Engineering,
2005) are required:
MM XI-1 During construction phases, the contractor shall ensure that all construction is
performed in accordance with the applicable City of Palm Springs noise standards. This
measure shall be added to the construction contract.
MM XI-2 Construction activities on-site should take place only during the hours between
7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to
reduce noise impacts during more sensitive time periods. The Construction Site Regulations
(Chapter 8.04.220) also identify specific limits on hours of operation for construction
equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or
quality that it disturbs the peace and quiet of any other person of normal sensitivity.
MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and the engines shall be equipped with shrouds.
MM XI4 All construction equipment shall be in proper working order and maintained in a
proper state of tune to reduce backfires.
MM XI-5 Stockpiling and vehicle staging areas shall be located as far as practical from
noise sensitive receptors.
MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site
construction vehicles shall be located as far as practical from existing homes.
MM XI-7 Every effort shall be made during construction activities to create the greatest
distance between noise sources and noise-sensitive receptors located in the vicinity of the
project site.
MM XI-8 Stationary equipment should be placed such that emitted noise is directed away
from noise-sensitive receptors.
MM XI-9 The residential uses proposed adjacent to Avenida Caballeros and Alejo Road
shall include a 6.0 foot perimeter wall, or shall be evaluated by a qualified noise consultant at
more detailed levels of planning to ensure that adequate noise attenuation measures are
incorporated in the project design to meet the City of Palm Springs noise standards (65 CNEL
in outside activity areas and 45 CNEL in interior living areas) and the California Noise
Insulation Standards. The applicant shall demonstrate to the satisfaction of the City that the
required shielding shall be incorporated in the project design, prior to the issuance of building
permits.
MM XI-10 All internal combustion-powered equipment shall be equipped with properly
operating mufflers and kept properly tuned to alleviate backfires. This measure shall be
added to the construction contract.
To comply with City ordinance and policy requirements, the following mitigation measures
Resolution No. 22684
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outlined in the project traffic study(Endo Engineering, 2005) are required.
MM XV-1 The project proponent shall dedicate appropriate right-of-way to accommodate
the ultimate improvement of the master planned roadways (Alejo Road and Avenida
Caballeros) adjacent to the project site. This shall include the right-of-way dedication of the
property line corner cutback dedication required at the northwest corner of the site to
accommodate a curb ramp.
MM XV-2 The master planned roadways (Alejo Road and Avenida Caballeros) shall be
improved adjacent to the site, to the design standards identified in the Section 14 Specific
Plan, as required by the City of Palm Springs.
MM XV-3 The project proponent will comply with the Section 14 Specific Plan requirements
regarding the master planned bikeways adjacent to the site along Avenida Caballeros.
MM XV-4 Sufficient off-street parking shall be provided on-site to meet the requirements of
the Palm Springs Municipal Code.
MM XV-5 The project proponent shall contribute traffic impact mitigation fees, by
participating in the Traffic Uniform Mitigation Fee (TUMF) program.
The following mitigation measures are recommended to reduce potential circulation and/or
site access impacts associated with the proposed project:
MM XV-6 To insure compliance with City access and design standards, the final building
and parking layout and site access design shall be subject to the review and approval of the
City Traffic Engineer, as part of the development review process.
MM XV-7 Clear unobstructed sight distance shall be provided at the unsignalized site
driveway on Avenida Caballeros.
MM XV-8 The project proponent shall be required to contribute 100 percent of the cost of
the following circulation improvements in conjunction with the development of the proposed
project:
A. Avenida Caballeros —The Applicant shall modify or remove the raised median on
Avenida Caballeros, south of Alejo Road, as required by the City Engineer.
B. Avenida Caballeros - Since the site has 610 feet of frontage on Avenida
Caballeros, the TWLTL may be extended beyond the site access, to function as a
median refuge for motorists making westbound left turns out of the project site.
C. Avenida Caballeros - The southern terminal treatment for introduction of the
TWLTL shall be developed by simple northbound through-lane approach taper
widening from the basic 2- or 4-lane cross section on Avenida Caballeros. This
taper will cause all vehicles to transition laterally and shall be moderately long
(approximately 150 feet long assuming 35 mph) to shift the northbound through
lanes laterally 6 feet and provide a full shadowed 12-foot wide TWLTL.
D. Avenida Caballeros - Construct a single westbound exit lane and a single entry
lane at the site access.
E. Avenida Caballeros- Install a STOP sign facing exiting site traffic.
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F. Avenida Caballeros - Construct a meandering 5-foot pedestrian/jogging path, a
10-foot meandering Class I bikeway within a 28-foot landscaped parkway along
the east side of Avenida Caballeros, as specified in the Section 14 Master
Development Plan/Specific Plan.
G. Alejo Road - Construct a 6-foot Class II bikeway and a 6-foot meandering
sidewalk within a 20-foot wide parkway on the south side of the Alejo Road
adjacent to the project site, as specified in the Section 14 Master Development
Plan/Specific Plan.
ENV 4, Reimburse City for Monitoring Expenses. The developer shall reimburse the
City for the City's costs incurred in monitoring the developer's compliance
with the conditions of approval and mitigation monitoring program, including,
but not limited to inspections and review of developers operations and
activities for compliance with all applicable dust and noise operations, and
cultural resource mitigation. This condition of approval is supplemental and in
addition to normal building permit and public improvement permits that may
be required pursuant to the Palm Springs Municipal Code.
ENV 5, Cultural Resource SurveV 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 6. 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. (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection with this
project, including reports of investigations, record search results and site records/updates
shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy
Resolution No. 22684
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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 the State of California 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 that has been certified as conforming to the State Landscape
Ordinance. Landscape plans shall also be wet stamped and approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. Refer
to Chapter 8.60 of the Municipal Code for specific requirements. (See
Chapter 8.60.020 for exemptions)
PLN 3 Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as beige or tan.
PLN 4. Maintenance of Awninas & Projections. All awnings shall be maintained and
periodically cleaned
PLN 5. 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 6. Surface Mounted Downspouts Prohibited. Exterior downspouts visible from
interior streets shall be reviewed by the Architectural Advisory Committee and
approved by the Director of Planning for integration into building elevations.
PLN 7. 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. 22684
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PLN 8, Exterior Alarms & Audio Systems- No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. No off-site Parma. 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 11, Final Map. 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 13 Maintenance Standards. Trash cans shall be screened from view and kept
within fifty (50) feet of the street.
PLN 12. Perimeter Walls. Perimeter walls shall be designed, installed and maintained
in compliance with the corner cutback requirements as required in Section
93.02.00.D.
PLN 13. House Numbers. The street address numbering/lettering shall not exceed
eight inches in height.
PLN 14. Decorative Paving. Work with Tribal Historic Preservation Office on the
design of patterns for the decorative pavement areas, incorporating mosaic
patterns of selected Cahuilla symbols or art forms. (Pursuant Specific Plan
Section 5.2.13, p. 5-42)
Resolution No. 22684
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PLN 15, Section 14 Fintry Feature. The location of the entry drive into the proposed
project requires the removal of the General Plan and Specific Plan-required
landscape median along Avenida Caballeros. As an aesthetic alternative to
the landscape medians, provide an entry feature with landscaping, shade
trees, seating, and public art at the southeast corner of Avenida Caballeros
and Alejo Road on the exterior side of the perimeter wall. (See ENG 7 for
further details).
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. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
BLD 3. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building.
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. Street improvement plans have been submitted to and approved by the City Engineer for this
project; refer to Drawing Numbers 5043-1, 5043-2 and 5043-3 on file with the Public Works
and Engineering Department. The applicant shall make revisions to the approved street
improvement plans as necessary in accordance with the amended project.
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 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,
Resolution No, 22684
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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.
AVENIDA CABALLEROS
ENG 4. Dedicate abutters rights of access to Avenida Caballeros along the entire frontage of the
project, excluding the 74 feet wide access point for the Main Entry. vehicular access to
Avenida Caballeros, other than from the Main Entry, shall be prohibited.
ENG 5. The required street improvements for Avenida Caballeros are identified and shown on the
approved street improvement plans, refer to Drawing Numbers 5043-1 and 5043-3 on file with
the Public Works and Engineering Department.
ENG 6. An Opticom or Tomar system (or approved equal) for automatic operation by emergency
vehicles, with uninterrupted power supply (battery back-up), shall be installed for the entry
gates on Avenida Caballeros, meeting the approval of the Fire Marshall.
ENG 7. Remove the existing raised landscaped median located south of Alejo Road and replace with
a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or
equal. The applicant shall install public art at the southeast corner of the Avenida Caballeros
and Alejo Road intersection. The public art shall be designed as a "Gateway" into Section 14,
in accordance with requirements established by the Agua Caliente Band of Cahuilla Indians
and the Palm Springs Public Arts Commission. Public art shall be designed in accordance
with policies and procedures established by the Palm Springs Public Arts Commission, and
shall be subject to approval by the Palm Springs Public Arts Commission prior to its
construction and installation. Costs associated with the public art may be credited against any
public art fees otherwise due. The applicant shall dedicate an easement to the City of Palm
Springs for installation and maintenance of the public art to be installed at the southeast
corner of the Avenida Caballeros and Alejo Road intersection, if installed outside of existing
right-of-way.
ENG 7a. Construct a raised, landscaped median island as specified by the City Engineer from south of the
entry into the Palomino Tract (Tract Map No. 33577) located on the west side of Avenida
Caballeros, to the south property line of the Tract Map No. 34165 project site. Landscaping
and irrigation plans for the median shall be submitted to the City Engineer and Department of
Parks and Recreation for review and approval, in conjunction with the associated street
improvement plans.
ENG 7b. Submit landscaping and irrigation system improvement plans for review and
approval by the City Engineer and Department of Parks and Recreation. The
irrigation system shall be separately metered from the parkway landscaping
to be maintained by the applicant, for future use by the City upon acceptance
of the median landscaping by the City. The plans shall be approved in
conjunction with the street improvement plans for the median and prior to
issuance of a building permit, unless otherwise allowed by the City Engineer.
Resolution No, 22684
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ENG 7c. All median landscaping shall be guaranteed for a period of 90 days from the date of acceptance
by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance
period shall be replaced with similar plant material to the satisfaction of the City Engineer, and
shall be subject to a subsequent 90-day landscape maintenance period.
ENG 8. All broken or off grade street improvements shall be repaired or replaced.
ALEJO ROAD
ENG 9. Dedicate abutters rights of access to Alejo Road along the entire frontage of the project,
excluding the 60 feet wide access point for the emergency access; vehicular access to Alejo
Road shall be prohibited.
ENG 10. The required street improvements for Alejo Road are identified and shown on the approved
street improvement plans; refer to Drawing Numbers 5043-1 and 5043-2 on file with the
Public Works and Engineering Department.
ENG 11. Access through the gated driveway on Alejo Road shall be limited to emergency access only.
The access shall be gated and locked, and lock box key provided to the Fire Department for
emergency access.
ENG 12. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
ENG 13, Dedicate easements for public utility purposes, with the right of ingress and egress for service
and emergency vehicles and personnel over the proposed private streets.
ENG 14. Nothing shall be constructed or planted in the corner cut-off area of any on-site intersection or
driveway which does or will exceed the height required to maintain an appropriate sight
distance in accordance with City of Palm Springs Zoning Code Section 93.02.00, D.
ENG 15. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as
measured from face of curb)where no on-street parking is proposed.
ENG 16. All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as
measured from face of curb) where on-street parallel parking is proposed on one-side of the
street.
ENG 17. All on-site streets shall be constructed with an inverted section with gutters to accept and
convey on-site stormwater runoff, in accordance with applicable City Standards.
ENG 18. DELETED
ENG 19. DELETED
ENG 20. All on-site streets shall be constructed with a minimum pavement section of 21/2 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
Resolution No. 22684
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registered Geotechnical Engineer using "R" values from the project site and submitted to the
City Engineer for approval.
ENG 21. Parking shall be restricted along both sides of the 24 feet wide on-site private streets, and
parking shall be restricted along one side of the 32 feet wide on-site private streets, as
necessary to maintain a minimum 24 feet wide clear two-way travel way. 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&R's) required for the development.
SANITARY SEWER
ENG 22. Any existing on-site sewer improvements shall be removed as required by the City Engineer,
ENG 23. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be
connected at manholes.
ENG 24. The required on-site private sewer improvements for the development are identified and
shown on the approved private sewer improvement plans that are on file with the Public
Works and Engineering Department. Sewer manhole covers shall be identified as "Private
Sewer".
ENG 25. All on-site sewer systems shall be privately maintained by a Home Owners Association
(HOA). Provisions for maintenance of the on-site sewer system acceptable to the City
Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required
for this project.
GRADING
ENG 26. A Precise Grading and Paving Plan, and a Fugitive Dust Control Plan, have been submitted to
and approved by the City Engineer for this project. An updated Fugitive Dust Control Plan
meeting all current City requirements shall be submitted to and approved by the City Engineer
prior to issuance of a grading permit. The approved Precise Grading and Paving Plan shall
be revised as necessary to incorporate the amended site plan, or otherwise a new Precise
Grading and Paving Plan shall be submitted for review and approval by the City Engineer.
ENG 27. Prior to 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, The existing screen fencing shall be removed from the site within 90 days of approval of the
amended Tentative Tract Map 34165 and amended Planned Development District 321,
unless construction (rough grading) of the site is otherwise initiated by the applicant prior to
that date. The City Engineer may authorize an extension of time related to the removal of the
Resolution No. 22684
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existing fencing if the applicant is demonstrating progress towards plan revisions and permit
issuance.
ENG 29. If the applicant does not initiate construction (rough grading) of the site within 90 days of
approval of the amended Tentative Tract Map 34165 and amended Planned Development
District 321 (or as may be extended by the City Engineer), the applicant shall re-grade the
interior portion of the site where an existing pit is located and shall apply soil stabilizer to all
disturbed areas upon completion, as directed by the City Engineer.
ENG 30. A revised PM-10 Dust Control Plan shall be submitted to and approved by the City Engineer.
In accordance with the revised PM-10 Dust Control Plan, the existing green screening shall be
removed, and new tan screening shall be installed. Perimeter fencing shall be installed after
issuance of a Grading Permit, and immediately prior to commencement of grading operations.
ENG 31. During active construction, 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 32. 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. In the event construction of structures or other improvements on-site represent a
potential hazard to the public, perimeter fencing may be allowed to remain, subject to the
approval of the City Engineer. In accordance with this condition, the disturbed areas on-site
shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section
8.50.022, and the existing perimeter fencing shall be removed, until construction activities
resume on the project site.
ENG 33. Prior to issuance of grading permit, the applicant shall provide verification to the City that the
fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal
Habitat Conservation Plan (THCP).
ENG 34. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water
from entering the public streets, roadways, or gutters.
ENG 35. Notice of Intent 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 (Phone No. (760) 346-
7491). 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 36. Projects causing soil disturbance of one acre or more, must comply with the General Permit
for Stormwater Discharges Associated with Construction Activity, and shall prepare and
implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the up-to-date
SWPPP shall be kept at the project site and be available for review upon request.
ENG 37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant
shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for
mitigation measures for erosion/blowsand relating to this property and development.
Resolution No. 22684
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ENG 38. 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 39. 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. Documentation of all
compaction and other soils testing are to be provided. No certificate of occupancy will be
issued until the required certification is provided to the City Engineer,
ENG 40, 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 41. In cooperation with the Riverside County Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading
permits involving a grading plan and involving the export of soil will be required to present a
clearance document from a Department of Food and Agriculture representative in the form of
an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the
Grading Plan. The California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, Palm Desert(Phone: 760-776-8208).
DRAINAGE
ENG 42. This project will be required to install measures in accordance with applicable National
Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's)
included as part of the NPDES Permit issued for the Whitewater River Region from the
Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for pre-treating
stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system ("MS4"), to the
satisfaction of the City Engineer and the RWQCB. 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.
ENG 43. The required private storm drain improvements for the development are identified and shown
on the approved private storm drain improvement plans; refer to Drawing Numbers 5048-1,
5048-2, 5048-3, and 5048-4 on file with the Public Works and Engineering Department.
ENG 44. The applicant may conduct stormwater runoff off-site to the Tachevah Dam Outlet Drain
operated and maintained by Riverside County Flood Control and Water Conservation District
(RCFC), subject to the review and approval by RCFC. Appropriate post-construction
"operational" Best Management Practices (BMP's) shall be incorporated as part of the on-site
storm drain system to effective pre-treat the stormwater runoff prior to its release into the
Tachevah Dam Outlet Drain. The applicant shall provide a copy of the encroachment permit
Resolution No. 22684
Page 25
issued from RCFC for the storm drain connection, prior to issuance of a construction permit
for the on-site private storm drain system.
ENG 45. 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 46. 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 (Le. Desert Water Agency, Southern California Edison, Southern
California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and
other street cuts within existing asphalt concrete pavement of off-site streets required by the
proposed development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement condition of the
existing off-site streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 47. On phases or elements of construction following initial site grading (e.g., sewer, storm drain,
or other utility work or fuel pipeline work requiring trenching) associated with this project, the
applicant shall be responsible for coordinating the scheduled construction with the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
Unless the project site has previously been waived from any requirements for Tribal
monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer or
the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements of
construction that might require Tribal monitoring. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during construction, and to arrange
payment of any required fees associated with Tribal monitoring. Tribal monitoring
requirements may extend to off-site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of
the applicant to coordinate and arrange payment of any required fees for the utility
companies.
ENG 48. All proposed utility lines shall be installed underground.
ENG 49. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing
and proposed electrical lines of thirty-five thousand volts or less and overhead service drop
conductors, and all gas, telephone, television cable service, and similar service wires or lines,
which are on-site, abutting, and/or transecting, shall be installed underground unless specific
restrictions are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing overhead
utilities extending across the subject property meet the requirement to be installed
underground. The overhead utilities shall be installed underground from the nearest off-site
pole located north of Alejo Road, no new power poles shall be installed unless otherwise
approved by the City Engineer. A letter from the owner(s) of the affected utilities shall be
submitted to the Engineering Division prior to approval of any grading plan, informing the City
that they have been notified of the City's utility undergrounding requirement and their intent to
Resolution No. 22684
Page 26
commence design of utility undergrounding plans. When available, the utility undergrounding
plan shall be submitted to the Engineering Division identifying all above ground facilities in the
area of the project to be undergrounded. Undergrounding of existing overhead utility lines
shall be completed prior to issuance of a certificate of occupancy.
ENG 50. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be
provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF
(AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variation of the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
ENG 51. 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 52. 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 53. 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 54. 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 55, 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, or in the absence of a Final (Parcel) Map, shall be submitted and
approved by the City Attorney prior to approval of Final Map.
ENG 56. 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 (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.
Resolution No. 22684
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TRAFFIC
ENG 57. The required signing and striping improvements for the development are identified and shown
on the approved signing and striping improvement plans, refer to Drawing Number 5074 on
file with the Public Works and Engineering Department.
ENG 58. 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 59. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap
accessibility. 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 Avenida Caballeros and
Alejo Road frontages of the subject property.
ENG 60. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and
striping associated with the proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 61. 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 September 26, 2006, or subsequent editions in force at the time
of construction.
ENG 62. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior
to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan received and
stamped 1/11/2010. Additional requirements may be required at that time
based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2007 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. 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.
Resolution No. 22684
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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 4. 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 5. 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. Main entrance on Avenida Caballeros will require both left and right turn
access into the complex for emergency response vehicles.
FID 6. Fire Lane Marking (CFC 503.3): Approved signs or other approved notices
shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a
clean and legible condition at all times and is replaced or repaired when
necessary to provide adequate visibility.
FID 7. Reduced Roadway Width: Areas with reduced roadway width at entry and
exit gates, entry and exit approach roads, traffic calming areas that are under
36 feet wide require red painted curb to maintain minimum 24 foot clear
width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with
white paint.
Resolution No. 22684
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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 during construction.
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 at all times.
Secured automated vehicle gates or entries shall utilize approved Knox
access switches as 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 Y4 inch) when required by the fire code official.
Residential complexes using secured automated vehicle entry gates or entries shall utilize a
combination of a Tomar strobe-activated switch and an approved Knox key electric
switch.
Gate arms securing parking lots and parking structures shall be equipped with a fire
department approved dual-keyed Knox key electric switch. When activated, the arm or arms
shall open to allow fire and law enforcement access.
Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each
side with gate in open position and an unobstructed vertical clearance of not less than 13 feet
6 inches. The entrance mate shown on the plans does not meet this requirement and
will need to be widened.
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.
FID 10. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) 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. See FID12
for requirements to meet this condition.
FID 11. Additional Access Required (CFC 503.1.2): The fire code official is
authorized to require more than one fire apparatus access road based on the
potential for impairment of a single road by vehicle congestion, condition of
terrain, climatic conditions or other factors that could limit access to
Resolution No. 22664
Page 30
multifamily residential and one or two family dwelling where the number of
dwelling units exceeds 30 shall be provided with two separate and approved
fire apparatus access roads. The secondary access at Chelsea Drive and
Audrey Drive meets this condition.
FID 12. DELETED
FID 13. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 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 14. 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.
FID 15. Turning radius (CFC 503.2.4): The required turning radius of a fire
apparatus access road shall be determined by the fire code official. 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. Main
entrance needs modifications for apparatus movements and inter-
connectivity to inner roadways for fire department apparatus access to
all private roadways within the development.
FID 16. Premises Identification (CFC 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 numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 17. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the
fire code official is authorized to require a key box to be installed in an
approved location.
FID 18. Location of Knox boxes: A Knox box shall be installed at every locked
gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes
on plan elevation views. Show requirement in plan notes.
FID 19. 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
Resolution No. 22684
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during construction. No landscape planting, walls, or fencing is permitted
within 3 feet of fire hydrants, except ground cover plantings.
FID 20. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of
fire sprinklers based on Appendix B of the 2007 CFC.
FID 21. Identification (CFC 510.1): Fire protection equipment shall be identified in
an approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 22. Fire Sprinklers Required: An automatic fire sprinkler system is required.
Only a C-16 licensed fire sprinkler contractor shall perform system design
and installation. 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.
Exception: Units 30 — 53 have are single family detached residence under
3,600 5F and will not require fire sprinklers. Applicant has met with the fire
department and stated that the covered patios/carports that connected the
dwellings is no longer a design component for these units.
FID 23. Audible 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. An approved audible sprinkler flow alarm (Wheelock horn/strobe #
MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall
be provided in the interior of the building in a normally occupied location.
FID 24. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the
fire sprinkler system water supply, and,all water-flow switches, shall be
electrically monitored. All control valves shall be locked in the open position.
Valve and water-flow alarm and trouble signals shall be distinctly different
and shall be automatically transmitted to an approved central station.
FID 25. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
END OF CONDITIONS