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HomeMy WebLinkAbout22542 - RESOLUTIONS - 7/15/2009 RESOLUTION NO. 22542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CASE 5.1037 PLANNED DEVELOPMENT DISTRICT 309 TO REVISE THE PROJECT FROM 32 SINGLE FAMILY RESIDENCES TO 5 SINGLE FAMILY RESIDENTIAL UNITS AND 73 MULTI- FAMILY LOW AND MODERATE INCOME RESIDENTIAL UNITS WITH OFF-STREET PARKING AND LANDSCAPING ON APPROXIMATELY 5.95 ACRES LOCATED AT 301 ROSA PARKS ROAD, ZONED PDD 309, SECTION 34/T3/R4 SUBJECT TO REVISED CONDITIONS OF APPROVAL. WHEREAS, Sherman Las Vegas Road Housing, LLC, ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Code requesting an amendment to a previously approved Planned Development District for a residential development at 301 Rosa Parks Road; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the requested application has been determined to be a project subject to environmental analysis under CEQA; and WHEREAS, the original Planned Development District (Case 5.1037 PDD 309, TTM 33161) was reviewed and approved by the Planning Commission on June 8, 2005 and was reviewed and approved by the City Council on July 6, 2005, and WHEREAS, the original PDD 309 was approved with 32 single family homes on 32 single family lots with a private street and landscaping on an approximately 5.95 acre site at 301 Las Vegas Road (now Rosa Parks Road), and WHEREAS, the amendment application for PDD 309 proposes 73 multi-family low and moderate income residential rental units on approximately 4.95 acres and 5 single family units for sale on the remaining 1 acre of the total 5.95 acre site, and WHEREAS, on June 26, 2009 a public hearing of the Planning Commission was held in accordance with applicable law has 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 WHEREAS at said hearing the Planning Commission voted 6-0 to certify the mitigated negative declaration as an appropriate environmental analysis of the subject Resolution No, 22542 Page 2 project and approved Case 5.1037 AMND PDD 309 subject to conditions of approval and recommended approval of the MND and the project to the City Council, and WHEREAS, on July 15, 2009 a public hearing of the City Council was held in accordance with applicable law and at said hearing, the City Council carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff reports, environmental documentation, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act (CEOA) Guidelines, the City has prepared an environmental study and concluded that significant adverse impacts may occur as a result of the project. The analysis proposes a series of mitigation measures that the City believes reduces these impacts to less than significant levels. The Applicant has agreed in writing to implement the mitigation measures. Therefore a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was submitted on June 1, 2009 for a 20-day public comment period. The comment period ended June 21, 2009. Public Comments were received and no additional information was presented. The City Council therefore adopts the Mitigated Negative Declaration subject to all mitigation measures outlined in the environmental analysis. SECTION 2: Pursuant to Section 94.03.00 (E) "Planned Development Districts" of the Zoning Code, a Planned Development District (PDD) may be established in accordance with the procedures required by Section 94.02.00 "Conditional Use Permit Furthermore, Section 94.03.00 (G) provides that Planned Development Districts may be modified by following the same procedure outlined in 94.02.00. Findings are hereby made with respect to Section 94.02.00 of the Zoning Code in support of the requested amendment to the previously approved Planned Development District t#309 as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The project proposes a mix of multi family units and single family units to a density of 13.1 dwelling units per acre. The R-2 zone allows single family residences and multi-family residences at 3,000 square foot of lot area per dwelling unit (15 dwelling units per acre). Therefore the project conforms to this finding. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; Resolution No. 22542 Page 3 The mix of residential uses is desirable because the San Rafael/Indian Canyon Drive Mixed-use land use area of the General Plan envisions development with a mix of uses such as these. The uses are harmonious with the various elements of the General Plan. The uses are consistent with uses permitted in the R-2 zones and therefore are not detrimental to existing or future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project proposes deviations in the underlying development standards for the zone. With the approval of the proposed amendments to the PDD, the project will be consistent with this finding. The density of 13.1du/ac is less dense than allowed by the General Plan. The street-front setbacks are consistent with existing development in the neighborhood. The height of the project is permissible in the R-2 zone. Therefore the project is consistent with this finding. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The primary street that relates to the project is Rosa Parks Road. The secondary street for emergency access is Radio Road which is a collector in the General Plan Circulation Map. The General Plan traffic study and the traffic study for the project indicate the roadway network in the vicinity of the project is capable of handling the density and volume of traffic generated by this type of use. Therefore the site adequately and properly relates to the street network supporting the project. a. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The Conditions of Approval recommended are attached to this report as Exhibit A. SECTION 3: The development standards for PDD 309 are hereby revised and amended to be as follows: Resolution No. 22542 Page 4 Development Standards for AMENDED PDD 9309 PDD- 309 Lot Area 4.95 acres for multi-family lot (215,660 square feet) Five single family unit lots were approved with the initial PDD entitlement, varying from 5,624 to 6,772 square feet. Density 13.1du/ac; 73 multi family units and 5 single family units. Height 23 feet for multi-family units, 22 feet for single family units Lot width Approximately 775 feet for multi family lot. Minimum 60 feet for single family lots per original PDD. Lot depth Approximately 276 feet for multi family lot. Minimum 64 feet for single family lots per original PDD. Front yard 25 feet for multi-family units, varies for single family units, minimum 5 feet per original PDD. Int. side 15 feet at multi-family units, varies for single family homes, but yard minimum 5 feet per original PDD. 10 feet between bldg 6a (single story) and the non-built single family unit lot line. Rear yard Bldg 1 d, 6a, 11 b, and 13a, are 26 feet in height and 15 feet from lot line. Minimum 12 feet for single family lots. Open Space 48% open space entire PDD. Average lot coverage for single family lots: 57%. Distance Not less than 16 feet at multi-family units. Not applicable to between Single Family Units. bld s. Parking 134 spaces provided w/50% shaded via carports for multi-family required units, single family units provided w/2-car garages. SECTION 4: Pursuant to the City Council Policy dated September 17, 2008, the following "Public Benefits" are hereby approved by the city Council: 1 The project as a public benefit, bringing affordable housing to the City of Palm Springs. Resolution No. 22542 Page 5 2 Sustainability features including street trees along Radio Road, Rosa Parks Road and the proposed internal private road, and bicycle racks. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council adopts a Mitigated Negative Declaration and approves Case 5.1037 AMND PD309, subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED THIS 15T" DAY OF JULY, 2009. David H. Ready, Cit er ATTEST: ?JmZ Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22542 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 15, 2009, by the following vote: AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat and Mayor Pro Tem Mills. ABSTAIN: None. mes Thompson, City Clerk O7�79 j�tity of Palm Springs, California Resolution No. 22542 Exhibit A RESOLUTION NO. EXHIBIT A Case 5.1037 AMND PDD 309 TTM 33161 Vista San Jacinto 301 Rosa Parks Road June 24, 2009 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 ADM1 Proiect Description_ This approval is for the project described per Case 5.1037 AMND PDD 309; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM2 Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (May 26, 2009), 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. ADM3 Conformance to all Codes. 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. ADM4 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. ADM5 Indemnification. The owner shall defend, indemnity, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative Resolution Conditions of Approval Page 2 of 22 Case 5.1037 AMND PDD 309 TTM 33161 June 24.2009 officers concerning Case 5.1037 AMND PDD 309. 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. ADM6 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. ADM7 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. ADM8 Right to Aggeal. 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. ADM9 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 112% for commercial projects or 114% 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 . _ 19 Resaluticn Conditions of Approval Page 3 of 22 Casc 5.1037 AMND POD 309 TrM 33161 Juno 24,2009 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. . ADM1D 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). ADM11 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 farm 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. ADM12 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 13. CC&R's. Prior to issuance of building permits, the applicant shall submit a REVISED 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 based on the amendments proposed in this application. The draft CC&R package shall include: 29 i Resolution Conditions of Approval Page 4 of 22 Case 5.1037 AMNa POD 309 TTM 33161 June 24.2009 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. e. 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 14. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,600. for the review of the CC&R's by the City Attomey. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 15. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV1 Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee LDMF NOT required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy except those projects with grading permits previously approved prior to the adoption of the CVMSHCP by the City of Palm Springs. ENV2 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 protect (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.dfa.ca.aov for more information. 21 Resolution Conditions of Approval Page 5 of 22 Case 5.1037 AMND PDD 309 TTM 33161 June 24.2009 ENV3 Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. ENV4 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. ENV5 Cultural-Resource Site Monitoring. There is a possibility of burled 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 far 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 22 Resniutian Conftan.5 Df Approval Page 6 of 22 Case 5 1037 AMND PDD 309 TTM 33161 Juno 24,2009 Municipal Code_ 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. Refer to Chapter 8.60 of the Municipal Code for specific requirements. (See Chapter 8.60.020 for exemptions) 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: (NONE) PLN 5. Flat Roof Requirements. Roof materials on Oat 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 off-white, beige or tan. Bright white should be avoided where possible," PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned PLN 7. 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 8, Surface Mounted Downs outs 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 9, 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 10. Exterior Alarms & Audio Systems_ No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 23 Resolution Condt9ons of Approval Page 7 of 22 Case 5.1027 AMN❑POD 309 7YM 33161 June 24,2009 PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 12. 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 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and owners. Location and design shall be approved by the Director of Planning. PLN 14. Submittals required. 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 15. Class II bike lane A Class 11, six foot wide bicycle lane on Rosa Parks Road is required. PLN 16. add any additional conditions imposed by the Planning Commission or City Council here). POLICE, DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8,04 "Building Security Codes° of the Palm Springs Municipal Code. ACCESSIBILITY CONDITIONS ADA 1. Project shall conform to all applicable codes and regulations pertaining to accessibility. 24 Resolution Conditions of Approval Page 8 of 22 Case 5-1037 AMN❑P00 3og TTM 33161 June 24.2009 BUILDING DEPARTMENT CONDITIONS BLD 1, Prior to any construction on-site, app appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed to 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. 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 lime 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. RADIO ROAD ENG 3. Remove existing street improvements as necessary to construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No, 201, The centerline of the driveway approach shall be located approximately 160 feet from the west property line of that parcel identified by Assessor's Parcel No. 669-441-017. ENG 4, The Radio Road driveway shall be gated and for emergency access only. The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The on-site travelway width shall be a minimum of 18 feet wide, unless otherwise approved by the Fire Marshall. An Opticom or Tamar system (or equal as approved by the Palm Springs Fire Department) for automatic operation by emergency vehicles, with uninterrupted power supply 25 Resolution Conditions of Approval Page 9 of 22 Case 5.1037 AMND PDD 309 TTM 33161 June 24,2009 (battery back-up), shall be installed for the entry gates, meeting the approval of the Fire Marshall. ENG 5. All broken or off grade street improvements shall be repaired or replaced. ROSA PARKS ROAD ENG 6. Remove existing street improvements as necessary to construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No, 205. The centerline of the driveway approach shall be located approximately 125 feet from the west property line of that parcel identified by Assessor's Parcel No, 669-441-014. This driveway access shall not be gated. ENG 7. Construct Type A curb ramps meeting current California State Accessibility standards at each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212, The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 8. All broken or off grade street improvements shall be repaired or replaced- ON-SITE ENG 9. The on-site layout of streets, drive aisles, and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets, drive aisles, and parking spaces as proposed. ENG 10. The gate controlling the access between the single family homes at the east end of the project and the apartment buildings at the west end of the project, shall be for emergency access only. The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The on-site travelway width shall be a minimum of 24 feet wide (including the wedge curbs), unless otherwise approved by the Fire Marshall. 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, meeting the approval of the Fire Marshall. A pedestrian gate shall also be installed at this location. 26 Resolution Conditions of Approval Page 10 of 22 Case 51037 AMND PDD 309 TTM 331e1 June 24,2009 ENG 11. All on-site private streets or drive aisles shall be two-way with a minimum 24 feet wide travelway (as measured from back of curb) where no on-street parking is proposed. ENG 12. All an-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from back of curb) where on-street parallel parking is proposed on one-side of the street. ENG 13. All on-site private streets shall be two-way with a minimum 40 feet wide travelway (as measured from back of curb) where on-street parallel parking is proposed on both sides of the street. ENG 14, On-site private streets shall be constructed with wedge curbs and cross gutters as necessary to accept and convey street surface drainage of the on- site streets to the on-site drainage system, in accordance with applicable City standards, ENG 15. Construct Type A, B, or C curb ramps meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 212, 213, or 214, where required on-site. ENG 16, Parking shall be restricted along both sides of the 24 feet wide private streets(or drive aisles) and along one side of the 32 feet wide private streets, as necessary to maintain a 24 feet wide clear two-way travelway. Regulatory Type R26 "No Parking' signs or red curb shall be installed along the private streets and drive aisles as necessary to enforce parking restrictions. The Home Owners Association (for the five single family residential lots at the east end of the site), as well as the owner(s) of the multi-family housing section of the development, shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. ENG 17. The minimum pavement section for all on-site pavement (including private streets, drive aisles, and parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 18. Tum-out areas and parking lots in the multi-family housing section of the project may be constructed of pervious Portland cement concrete pavement if designed by a California registered Geotechnical Engineer using "R" values from the project site, if designed under AASHTO, ACI, and/or ASTM specifications, and if approved by the City Engineer. Pervious paving will only be allowed if the owner(s) enter into an appropriate agreement with the City ensuring on-going maintenance of the pervious paving, including obligations 27 RPWuVOn Conditions of Approval Page I I of 22 Case 5.1037 AMND PDD 309 TTM 33101 June 24,20099 to remove and replace or provide alternative stormwater retention as required by the City Engineer. ENG 19. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. ENG 20„ All broken or oft grade existing on-site street improvements shall be repaired or replaced. SANITARY SEWER ENG 21. The existing on-site sewer system shall be used for this project. The approved plans shall be revised to reflect private sewer. Although originally approved and Installed as a public sewer system (refer to City Drawing No. 1A-1-63 through 1A-1-65), the system shall be privately maintained. The existing sewer manhole covers shall be replaced with manhole covers identified as "Private Sewer". ENG 22, All on-site sewer systems shall be privately maintained. GRADING ENG 23. Submit a Precise Grading and Paving Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving 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 Certificates) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD 28 Rosolutlon Conditions of Approval Page 12 of 22 Case 5.1037 AMND PDD 309 TTM 33161 June 24,2009 at (909) 396-3752, or at httD://wwvvAQMD.nov. 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 Precise Grading and Paving plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the project-specific Water Quality Management Plan, ENG 24. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 25. 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 26. 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 6.50.022. Fallowing stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. .ENG 27. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets, roadways, or gutters. ENG 28. Notice of Intent to comply with the California General Construction Stormwater Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) 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 29. Projects causing sail disturbance of one acre or more, must comply with either the General Permit for Stormwater Discharges Associated with Construction Activity or the General Permit for Stormwater Discharges Associated with Construction Activity from Small Linear Underground/Overhead Projects, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). Where applicable, the project 29 Resolubon Conditions of Apprwnl Page 13 of 22 Caso 3,1037 AMNE)PD❑309 TTM 33161 ,June 24,2009 applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's 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 30. 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 erasion/blowsand relating to this property and development. ENG 31, 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 32. 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 33. 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 34. A 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 stomi water runoff from the site. Direct release of nuisance water to the adjacent property or public streets is prohibited, Resolution Conditions of Approval Page 14 of 22 Case 5.1037 AMND Pon 30g TTM 33161 ,rune 24.2009 Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 35. 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 project-specific WQMP. Other alternative instruments for requiring implementation of the approved project- specific WQMP include: requiring the implementation of the project-specific WQMP in the amended Conditions, Covenants and Restrictions (CC&R's) for the single family residential lots and the multi-family housing section of the development; formation of Landscape, Lighting and Maintenance Districts, Assessment districts or Community Service Areas responsible for implementing the 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 36. Prior to issuance of certificate of occupancy, 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 project-specific WQMP, conditions of approval, or grading/building permit conditions: and, c) demonstrate that an adequate number of copies of the approved project- specific WQMP are available for the future owners/occupants. DRAINAGE ENG 37. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study prepared by MSA Consulting, Inc. (dated May 20, 2009), and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin and pervious concrete paving area sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study for this project and approved by the City Engineer. Redesign or changes to site configuration or layout consistent with the findings of the final hydrology study may be necessary upon review and approval of the final hydrology study- On-site open space, in conjunction with dry wells and other Resolution Condibons of Approval Page 15 of 22 Case 51037 AMND POD Me TTM 331G1 June 24,2009 subsurface solutions should be consldered as alternatives to using surface on-site retention. ENG 38. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to Radio Road or Rosa Parks Road. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 39. 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 Whltewater 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; provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in amended Covenants, Conditions, and Restrictions (CC&R's) required for the single family residential section, as well as the multi-family housing section of the development. ENG 40. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of on-site storm drainage improvements, including pervious concrete pavement areas, and include the right of the City to inspect and require the owner(s) to maintain, repair, remove, or replace the storm drainage improvements, including pervious concrete pavement areas. In the event that the owner(s) are non-responsive to the City's written notice, the CC&R's shall give the City the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of the pervious concrete pavement areas if they fail to function, causing water to drain poorly or to accumulate above ground, with costs to be recovered against the owner(s) by the City in accordance with state and local laws and regulations. ENG 41. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 32 Resolution Conditions of Approval Page 16 of 22 Case 5,1037 AMND POD 309 TTM 33161 June 24,2009 GENERAL ENG 42, 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 Califomia 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 43. All proposed utility lines shall be installed underground. ENG 44. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 45. 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 46. 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 acceptance of the project by the City. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction, ENG 47. Nothing shall be constructed or planted in the corner cut-off area of any intersection 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. 33 Resolution Conditions of Approval Page 17 of 22 Case 5.1037 AMND Po:)308 TTM 33161 June 24,2009 ENG 4& 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 49. The City shall vacate its existing public sewer easements dedicated within Tract Map No. 33161, and shall vacate that portion of the public utility easement dedicated adjacent to Lot 3. ENG 50. The existing easements for drainage and reciprocal access reserved adjacent to Lot 3 of Tract Map No. 33161, and the separately recorded utility easements within Tract Map No. 33161 recorded as Q.R. 07-05444001, O.R. 07-0720746, and O.R. 07-0544001, shall be quitclaimed, or otherwise extinguished. Proposed buildings that encroach within these easements can not be constructed until the easements are abandoned. No building permit shall be issued until these easements are removed from record. ENG 51. The recorded Covenants, Conditions and Restrictions (GG&R's)for Tract Map No. 33161 shall be amended as noted below and submitted to the City Attorney for review and approval prior to issuance of building permit: a) To regulate and maintain the required no parking restrictions. b) To provide for the private maintenance of the on-site sewer system. c) To provide for the private maintenance of the on-site storm drain systems, including maintenance, removal, and replacement of pervious concrete pavement areas. d) To provide for the perpetual maintenance of the project Best Management Practices (BMP's) installed in accordance with the appropriate National Pollution Discharge Elimination System (NPDES) Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCS), e) To remove provisions for reciprocal access between Lots 3, 4 and 5 of recorded Tract Map No, 33161; ENG 52. The existing parcels Identified as Lots 1 through 14, Lots 20 through 32, and Lot C of Tract Map No. 33161, Map Book 422, Pages 20 through 22, shall be merged, Application for parcel mergers shall be submitted to the Engineering Division for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The application shall be submitted to and approved by the City Engineer prior to issuance of building permit. 1 34 Resolution Conditions of Approval Page 18 of 22 Can 5 1037 AMNQ POD 309 TTM 33161 Juno 24,2009 TRAFFIC ENG 53. Install street name signs at the two intersections of the on-site private street and Rosa Parks Road in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. ENG 64. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the two intersections of the on-site private street and Rosa Parks Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625, ENG 55. Install a "Not an Exit/Emergency Access Only" sign on-site for: a) Southbound traffic at the Radio Road emergency access gate; b) Eastbound and westbound traffic at the emergency access gate between the single family residential lots and the multi-family housing section of the development ENG 56. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development, ENG 5T 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 58. 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 dated 5/20/09. Additional requirements may be required at that time based on revisions to site plans. FID 2. Fire Department Conditions were based on the 2007 Califomia 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. 35 Resolution Conditions of Approval Page 19 of 22 Case 5.1037 AMND PDD 309 TTM 33161 June 24,2000 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. 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, Access Road Design Required (CFC 503.1.4): The fire code official shall evaluate access road design in terms of total response efficiency. Access south of Buildings 7-S and $-B needs to be widened to allow apparatus inter- connectivity so that response efficiency is maintained. FID 6. Fire Department Access (CFC 503.2.1); Fire apparatus access shall have an unobstructed width of not less than 24 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. No parking shall be allowed in either side of the roadway. FID T. Fire Lane Marking (CFC 503.3)- Approved signs or red painted curbs 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 be replaced or repaired when necessary to provide adequate visibility. FID S. 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 9. 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 • - 36 Resolution Conditions of Approval Page 20 of 22 Case 5.1037 AMND POD 30D TTM 33161 Juno 24,2009 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 orfaCility_ FID 10. Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall have an approved means of emergency operation. The proposed 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. Residential complexes using secured automated vehicle entry gates or entries shall utilize a combination of a pre-emptive signaling device, as manufactured by Tomar, Opticom or equal as approved by the Palm Springs Fire Department 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. FID 11, 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 12. Location of Knox boxes: A Knox box shall be installed at every locked gate. Boxes shall be mounted adjacent to said gates, on walls or fences, at five (5) feet above grade, or as close to this height as possible if the adjacent wall is less than five feet. Shaw location of boxes on plan and elevation views. Show requirement in plan notes_ FID 13. Operational Fire Hydrant(s) (CFC 508.1, 50&5A & 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 14_ NFPA 13R 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 13R, 2002 Edition. No portion of the fire sprinkler system shall be installed prior to plan approval. Prior to final approval of the installation, contractor shall submit a completed Contractors Material and Test Certificate _ 37 Resolution Conditions of Approval Page 21 of 22 Case 5 1037 ANIND PDD 309 TTM 33161 June 24,2009 for Aboveground Piping to the Fire Department. (6.2.2 NFPA 13R, 2002 Edition) FID 15. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of buildings and facilities are estimated to be 1,500 GPM for the multi-unit buildings with the installation of an automatic fire sprinkler system. The fire flow was based on Appendix B of the 2007 CFC, • Building "A" 7,752 SF estimated fire flow 1,500 GPM with the installation of fire sprinklers. • Building "B" 10,104 SF estimated fire flow 1,500 GPM with the installation of fire sprinklers. • Building °C 4,200 SF estimated fire flow 1,500 GPM with the installation of fire sprinklers. • Building "D" 5,200 SF estimated fire flow 1,500 GPM with the installation of fire sprinklers. • Community Building 1,830 SF with kitchen — This Group A occupancy will require fire sprinklers to be installed. FID 16. 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 17. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. The Fire Department shall be notified immediately of change in Service. FID 18. Residential Smoke Alarms Installation With Fire Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 8. 907.2.10,3): Provide Residential Smoke Alarms (FIREX # 0498 accessory module connected to multi-station FIREX smoke alarms or equal per dwelling 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 causes all smoke alarms within the dwelling to sound. FID 19. Audible Residential Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock hom/strobe # MT4-115-WH-VFR with 38 Resolution Conditions of Approval Page 22 of 22 Case 51037 AMND POD 309 TTM 33161 June 24,2009 WBB back box or equal) shall be provided on the exterior of the building in an approved location. The horn/strobe shall be out door rated. FID 20. Fire Alarm System: Fire alarm system is required and installation shall comply with the requirements of NFPA 72, 2002 Edition. FID 21. portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Portable fire extinguishers shall not be obstructed or obscured from view. Portable fire extinguishers shall be installed so that the top I not more than 5 feet above the floor. FID 22. Photovoltaic System: Photovoltaic system design and installation must be approved by the fire department. Detailed plans for the solar panels on the laundry room need to be submitted for review and include allowable roof access to perform fire suppression operations. FID 23_ More information is required on the kitchen for the Community Building. Additional conditions may be required. END OF CONDITIONS 39