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HomeMy WebLinkAbout22317 - RESOLUTIONS - 7/30/2008 RESOLUTION NO. 22317 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 347 TO CONSTRUCT FIVE SINGLE STORY BUILDINGS CONSISTING OF APPROXIMATELY 24,317 SQUARE FEET OF GENERAL AND MEDICAL OFFICE SPACE ON AN APPROXIMATE 2.74 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF COMPUTER WAY AND NORTH FARRELL DRIVE, ZONED M-1-P, SECTION 12. WHEREAS, J.H. Farrell Partners, LLC (Applicant) has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Zoning Code for the establishment of a Planned Development District; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1176, Planned Development District 347, was given in accordance with applicable law; and WHEREAS, on July 30, 2008, a public hearing on the applications was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff 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: Environmental Analysis A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Resolution No. 22317 Page 2 Section 2: Planned Development District Section 94.03.00(B) of the Palm Springs Zoning Code states that the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plans for the PDD are in conformity with the required findings and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan and sound community development. Findings are hereby made in support of establishing the proposed Planned Development District as follows: 1. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00(A)(1) and 94.02.00(A)(4) of the Palm Springs Zoning Code. The proposed request is consistent with the General Plan including Policy LU1.5, LU3.1 & 4.2. A Planned Development District is utilized to allow flexible development standards and to encourage a well-planned business park with pedestrian connectivity to Farrell Drive, Computer Way and Research Drive. 2. 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. The project site is suitable for the development of a planned office park. It is relatively flat and located on a secondary thoroughfare within a commercial and manufacturing area. Office uses are typically less obtrusive to residential areas and the proposed use will be a buffer between the adjacent residential zone to the west and other manufacturing uses to the east. 3. 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 establishment of the proposed Planned Development District is necessary to allow a reduced setback to Farrell Drive. The property is currently zoned M-1-P and is designated Industrial. The project is not likely to be detrimental to adjacent properties as it is consistent with the General Plan and with the zoning code. The proposed project will be no more than twenty-five feet and one story in height in a zone that allows a height of up to forty feet. There is no residential development to the east, north or south and therefore the project will not block any residential scenic views. Resolution No. 22317 Page 3 4. 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. A traffic impact analysis was prepared for this project and it was determined that the streets will be properly designed to carry the type and quantity of traffic that will be generated after mitigation is incorporated. The subject site is located along East Palm Canyon Drive (Major Thoroughfare) between Linden Way and Matthew Drive. The existing road network is designed for multiple-family and commercial development. 5. The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. Adequate parking spaces have been provided and have been designed to protect the safety and general welfare of the neighborhood to assure that the office buildings do not adversely impact the adjacent areas. Per Section 94.03.00(C) of the Palm Springs Zoning Ordinance, the following development standards are appropriate to the orderly development of the site: PD-347 Standards Minimum Lot Area 118,308 square feet Lot Dimensions: Depth 390 feet Width 330 feet Building Height 25 feet Setbacks I Farrell Dferive 25 feet Research Drive 25 feet (all landscaping) lr_ Interior Lot Line 5 feet. Coverage 21 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council adopts a Mitigated Negative Declaration and approves preliminary development plans for Case 5.1176 PD347, Planned Development District 347, subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution- Resolution No. 22317 Page 4 ADOPTED this 30th day of July, 2008. David H. Read y Manager 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. 22317 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the City Council of the City of Palm Springs on the 301h day of July, 2008, by the following vote: AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: Councilmember Hutcheson- ABSENT: None. ABSTAIN: None. J�vnes Thompson, City Clerk rid J�a� /.G`ity of Palm Springs, California / d Resolution No. 22317 Page 5 RESOLUTION NO. 22317 EXHIBIT A Case No. 5.1176 PD-347 Farrell Professional Village Northeast corner of Farrell Drive and Computer Way July 30, 2008 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 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. PROJECT SPECIFIC CONDITIONS 1. Due to increases in the California Department of Fish and Game filing fee (Section 711.4, Fish and Game Code), the applicant shall submit the remaining balance to the City for the amount of $76.75 made payable to Riverside County. Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1176 PD-347, 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 Resolution No. 22317 Page 6 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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. 4. This project shall be subject to Chapters 224 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. 5. 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 give 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 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). Resolution No. 22317 Page 7 Environmental Assessment 6. The Mitigation Measures in the Mitigated Negative Declaration (MND) shall apply. Mitigation Measures shall be included on final development plans and a signed agreement shall be submitted to the Planning Department indicating that the applicant agrees to implement all Mitigation Measures. Mitigation Measures are as follows: MM IV-1 Prior to issuance of grading permits, the applicant shall pay to the Tribe the Valley Floor Conservation Area (VFCA) Mitigation Fee of 2,371 per acre. MM IV-2 Prior to issuance of grading permits and within 30 days of commencement of ground disturbing activities, the project proponent shall conduct a focused survey for the presence of burrowing owls on the project site. This focused survey shall be conducted by a qualified biologist. A copy of this survey shall be provided to the Planning Department. Should burrowing owls be found, the following measures shall be taken: a. Capture and relocation measures shall be implemented in accordance with the recommendations of the Burrowing Owl Consortium and the Tribal Habitat Conservation Plan. b. Burrowing owls shall be located to suitable habitat within a conservation area as identified in the Tribal Habitat Conservation Plan. c. Should suitable habitat not be available within a conservation area as identified by the Tribal Habitat Conservation Plan, the project proponent shall consult a qualified biologist in determining suitable habitat for relocation. Notification and approval shall be secured for the governing jurisdictions of the proposed habitat. d. Notification shall be provided to the City and the Aqua Caliente Band of Cahuilla Indians in regards to the approved location for burrowing owls to be relocated to. Performance Standards: a. Under no circumstances by volition of the project proponent or failure to act by the project proponent shall burrowing owls on the project site be harmed. b. Under no circumstances shall burrowing owls be removed from the site without identification and approval of suitable habitat. c. Under no circumstances shall burrowing owls be relocated without supervision by a qualified biologist. d. Relocation shall occur between September 1 and January 31. Resolution No, 22317 Page 8 MM V-1 Should buried or other cultural resources be discovered during any ground disturbing activities, all work in the area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the resources. Should the archaeologist determine the cultural resources to be significant, the following shall occur at the expense of the applicant: a. Archeologically significant finds shall be appropriately collected and deposited under supervision of an archeologist certified by the County of Riverside. b. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction. c. Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion into the Agua Caliente Cultural Register. Copies shall also be presented to the City for inclusion in the project file. MM V-2 An Approved Cultural Resource Monitor or multiple monitors as indicated by the Agua Caliente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing activities at the expense of the applicant. MM VI-1 The project proponent shall conduct grading, other ground disturbing activities and site preparation in accordance with the recommendations of the Geotechnical Engineering Report prepared by Earth Systems Southwest on January 16, 2006. MM VI-2 Existing surface soils shall be over-excavated to a minimum depth of 4 feet below existing grade OR a minimum depth of 2 feet below the footing level (which ever is lower) around an under main and accessory buildings. MM VI-3 Over-excavation shall occur at a minimum 5 feet beyond the outer edge of exterior footings. MM VI-4 The bottom of sub-surface excavations shall be scarified, moisture conditioned, and compacted to a least 90% relative compaction for a depth of 1 foot. MM VI-5 Native and/or imported fill materials shall be placed in a maximum of 8 inch loose lifts and shall be compacted at near optimum moisture content. Resolution No. 22317 Page 9 MM VI-6 All fill material shall be inspected and approved by a qualified soils engineer to ensure that fill material is suitable for development. MM VI-7 Imported fill material shall be non-expansive, granular soils with a maximum rock size of 3 inches and 5% to 35% passing the No. 200 sieve. MM VIII-1 The project shall implement the recommendations of the Hydrology Report prepared by BR Engineers, Inc. in February 2008 in conjunction with standard review and conditioning by the City of Palm Springs Engineering Department. MM XI-1 Buildings shall be designed to ensure interior noise levels meet a noise standard of 45 dBA CNEL. Construction drawings shall indicate what mechanisms have been utilized to reduce interior noise levels to the required standard and shall be subject to review and approval by the Planning Department. MM XI-2 Construction activities shall be limited to 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. MM XI-3 All perimeter walls and barriers shall be installed immediately following precise grading of the site, if not sooner. MM XI-4 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-5 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-6 Stockpiling and vehicle staging areas shall be located in the eastern portion of the property, as far away from existing residential units as possible. MM XI-7 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the eastern portion of the property, as far away from existing residential units as possible. MM XI-8 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. MM XV-1 Install traffic striping and signage on Computer Way at Farrell Drive, as necessary to provide a separate westbound left-turn lane Resolution No. 22317 Page 10 and westbound right-turn lane. The westbound right-turn lane shall be 14 feet wide, the westbound left-turn lane shall be 12 feet wide, and the eastbound lane shall be 14 feet wide. The left-turn pocket length shall be 50 feet, minimum, as measured from the cross-walk line. MM XV-2 The applicant shall comply with Chapter 8.40, "Transportation Demand Management," of the Palm Springs Municipal Code. MM XV-3 Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the three driveway locations in accordance with City of Palm Springs Standard Drawing Nos. 620- 625. Cultural Resources 7. 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. 8- Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, 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 and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Resolution No. 22317 Page 11 Final Design 9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 10. The final development plans shall be submitted in accordance with Section 9403.00 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. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 11. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building 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. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 12, Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. 13. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 14. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 15. 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. Resolution No. 22317 Page 12 16. 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. 17. All materials on the flat portions of the roofs shall be non-reflective material finish. 18. All awnings shall be maintained and periodically cleaned. 19. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 20. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 21. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 22. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 23. The street address numbering/lettering shall not exceed eight inches in height. 24. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 25. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 26. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 27. 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. 28. 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. Electrical transformers must be located Resolution No. 22317 Page 13 toward the interior of the project maintaining a sufficient distance from the fmntage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 29. The applicant shall provide all tenants with Conditions of Approval of this project. 30. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 31. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 32. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 33. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10_ 34. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 35. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 36. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 37. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 38. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "t1" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. Resolution No. 22317 Page 14 39. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 40. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 2. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 3. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: Maintain minimum of 24' width in the parking area for fire department access. 4. Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) 5. Road Design/Apparatus Movement: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. Resolution No. 22317 Page 15 6. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. This will include clearance from vegetation and trees. (902.2.2.1 CFC) 7. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door_ Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 8. Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2002 Edition, except the seismic bracing and restraints shall comply with NFPA 13, 2007 Edition using Cp of 0.74 and I/r Ratio of 200. 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 Contractor's Material and Test Certificate to the Fire Department. (16.1 NFPA 13, 2002 Edition) 9. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. 10. Required Signs: All fire sprinkler valves shall have a permanently affixed sign indicating the valve function and area served. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). 11. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) 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. (1003.3.1 CFC) 12. Inspector's Test Valve: Provide an inspector's test valve from a remote portion of the system. Where sprinklers used in the system have a nominal K factor smaller than 5.6, the inspector's test shall have the same size orifice as the smallest sprinkler. Resolution No. 22317 Page 16 13. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 14. Fire Alarm System: Fire Alarm System is required and installation shall comply with the requirements of NFPA 72. 15. Audible Water Flow Alarms: 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. (904.3.2 CBC) 16. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC 17. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 260' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 18. Fire Flow: Fire flow is estimated to be 1500 GPM with fire sprinklers. 19. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 20. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. 21. Road Design or parking lot surface: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) Driveway turnarounds shall have inside turning radius of not less than 30 feet and outside turning radius of not less than 45 feet. Resolution No. 22317 Page 17 22. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. This will include clearance from vegetation and trees. (902.2.2.1 CFC) CONSTRUCTION SITE SECURITY AND PROTECTION 23. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 24. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 25. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 26. Access During Construction: 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 Ibs_ (Sec. 902 CFC) ENGINEERING DEPARTMENT Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. FARRELL DRIVE 2. Access to Farrell Drive shall be prohibited. 3. Repair the existing sidewalk along the entire frontage to remove the exposed gap between the edge of sidewalk and curb, as required by the City Engineer. 4. All broken or off grade street improvements shall be repaired or replaced. Resolution No. 22317 Page 18 COMPUTER WAY 5. Remove the existing street improvements as necessary to construct a 40 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 150 feet east of the centerline of Farrell Drive as shown on the approved site plan. 6. Remove the existing street improvements as necessary to construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201, with the centerline of the driveway approach located approximately 115 feet west of the centerline of Research Drive as shown on the approved site plan- 7- Construct a Type A curb ramp meeting current California State Accessibility standards on both sides of the 40 feet wide 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 and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 8. Repair the existing sidewalk along the entire frontage to remove the exposed gap between the edge of sidewalk and curb, as required by the City Engineer. 9. All broken or off grade street improvements shall be repaired or replaced. RESEARCH DRIVE 10. Remove the existing street improvements as necessary to construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201, with the centerline of the driveway approach located approximately 35 feet south of the northerly property line as shown on the approved site plan. 11. Remove and replace the existing curb ramp at the northwest corner of the intersection of Research Drive and Computer Way, and construct a Type A curb ramp meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 212. 12. Repair the existing sidewalk along the entire frontage to remove the exposed gap between the edge of sidewalk and curb, as required by the City Engineer. 13. All broken or off grade street improvements shall be repaired or replaced. Resolution No, 22317 Page 19 SANITARY SEWER 14. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 15. 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 Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the 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; and a copy of the associated Hydrology Study/Report. 16. Prior to approval of a Grading Plan, 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, Richard Begay, or the Tribal Archaeologist, Patty Tuck at (760) 325-3400, 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 Resolution No. 22317 Page 20 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. 17. A Notice of Intent to comply with Statewide 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 number shall be provided to the City Engineer prior to issuance of a grading permit. 18. 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. 19. 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. 20. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 21. Once the site has been graded, should no development occur on any portion of the site for a period of one (1) month, the site shall be stabilized with either chemical stabilizer or hydroseeded with desert wildflower mix, subject to approval by the Director of Public Works. (Added by the City Councii on 7.30,08) DRAINAGE 22. 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, The Preliminary Hydrology Study, prepared by Sanborn A/E, Inc., dated February 2008, shall be updated to determine the volume of increased stormwater runoff due to development of the Resolution No. 22317 Page 21 site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 23. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 24. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on-site retention basins and underground retention system, as described in the Preliminary Hydrology Study, prepared by Sanborn A/E, Inc., dated February 2008. The Preliminary Hydrology Study shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on-site storm drainage improvements. 25. The proposed underground retention system shall be installed on-site and not within the public right-of-way. The underground stormwater retention systems shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. 26. This project may 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, may 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. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). 27. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Resolution No. 223'17 Page 22 ON-SITE 28. The minimum pavement section for all on-site pavement shall be 2'/z 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. GENERAL 29. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, 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. 30. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility 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, Richard Begay, or the Tribal Archaeologist, Patty Tuck at (760) 325-3400, 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. 31. All proposed utility lines shall be installed underground. Resolution No. 22317 Page 23 32. 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. 33. 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. 34. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 35. 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. 36. 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. TRAFFIC 37. As determined by the traffic study submitted by Endo Engineering, the following mitigation measures shall be required: a. Install traffic striping and signage on Computer Way at Farrell Drive, as necessary to provide a separate westbound left-turn lane and westbound right-turn lane. The westbound right-turn lane shall be 14 feet wide, the westbound left-turn lane shall be 12 feet wide, and the eastbound lane shall be 14 feet wide. The left-turn pocket length shall be 50 feet, minimum, as measured from the cross-walk line. 38. The applicant shall comply with Chapter 8.40, "Transportation Demand Management," of the Palm Springs Municipal Code. 39. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Resolution No. 22317 Page 24 40. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the three driveway locations in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 41. 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. 42. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS