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Home My WebLink About1J OCRCITY COUNCIL STAFF REPORT DATE: FEBRUARY 25, 2021 CONSENT SUBJECT: REQUEST BY TOWER ENERGY GROUP, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 21 (OFF- SALE GENERAL -PACKAGE STORE) LICENSE IN CONJUNCTION WITH THE OPERATION OF A GROCERY STORE AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1 (CASE 5.1511 PCN). FROM: David H. Ready, City Manager BY: Development Services Department SUMMARY Tower Energy Group has initiated the application process for California Department of Alcoholic Beverages Control (ABC) Type 21 (Off Sale General -Package Store) liquor license as part of a grocery store recently approved by the City Council per Resolution No. 24834 located at 3299 North Indian Canyon Drive. The subject property is located within a Census tract area which is identified by the ABC as an area of undue over concentration of liquor licenses. The applicant is therefore requesting the City Council to make a determination of public convenience or necessity for the sale of liquor on the project site. RECOMMENDATION: 1) Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 21 FOR TOWER MARKET GROUP LOCATED AT 3299 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.05." 1J° rrEMNO. ___ _ 2City Council Staff Report Page 2 of 6 February 25, 2021 Case 5.1511 PCN -Tower Market PRIOR ACTIONS/EVENTS: ~~t~ii~!~~ ----fdl •4tl!l-,,~ 09/09/2020 The Planning Commission voted 6-0 to deny the request for a Conditional Use Permit (Case 5.1511 CUP) based upon the inability to make required finding. 09/15/2020 A City Councilmember initiated a review of the Planning Commission's decision to review the project. 12/10/2020 The City Council considered the project and voted of 4-1 to approve the project with conditions. 01/26/2021 Tower Market Energy submitted a request for Resolution of Public Convenience and Necessity. BACKGROUND AND PROJECT DESCRIPTION: The new Tower Market is a grocery store with fueling station on a 2.59-acre lot frontage along North Indian Canyon Drive with access from West San Rafael Road and West Santa Catalina Road. The building will be a 5,343-square foot grocery retail store and twelve (12) pump fueling station including adequate parking and maneuvering for vehicles visiting the site. The fuel canopy will have a height of 16'-6" with metal support posts and pre-cast colored concrete blocks at the base. The landscape plan will utilize a variety of desert landscaping and meet all required standards. The new grocery store is located within the Food Desert Overlay Zone which is intended to encourage the development of a qualifying grocery store within the immediate area. The City Council determined that the Tower Market as submitted provides a qualifying grocery store based upon the percentages and types of foods to be sold in the store. The Council therefore found that the proposed project is more than just a "convenience store" and sells a full line of fresh produce, meats, dairy and other items for which the FD Overlay was intended. As a result the City Council approved Resolution No. 24834 for an amendment to the College Park Specific Plan, and a Conditional Use Permit to allow for the construction of the grocery store and accompanying fueling station with a series of conditions that relate to the sale of liquor and food within the grocery store as stated below: 1. The CUP authorizes the sale of alcoholic beverages for off-premises consumption per regulations from the California Department of Alcoholic Beverage Control. The incidental sale of liquor and/or alcohol products, may be permitted in conjunction with the qualifying grocery store, but shall not exceed twenty (20%) percent of the floor area or sales volume. 3City Council Staff Report Page 3 of 6 February 25, 2021 Case 5.1511 PCN -Tower Market 2. The subject grocery store shall be operated in conformance with the definitions and standards of the Food Desert Overlay Ordinance, as contained in PSZC Section 92.29.0, except as specifically provided otherwise in these conditions. The merchandise display areas shall consist of the following: a. A minimum of 15% shall be devoted to and stocked with perishable groceries (meats, dairy and produce); b. A minimum of 30% shall be devoted to and stocked with other staple foods, which are defined as dry groceries (including bread, pasta, rice, dried beans, cereal, flour, nuts, health/protein bars, etc.), canned food products, frozen fruits and produce, and frozen meats; and c. A maximum of 20% may be devoted to alcohol (beer, wine and liquor). The applicant shall submit a floor plan to the Planning Division that demonstrates compliance with this condition prior to commencing sales at the property. Any revision to such floor plan shall comply with the above thresholds and be submitted to the Planning Division for approval prior to modifying the display areas. 3. An annual review of the merchandise display area will be conducted by the Planning Division. If the mix of merchandise varies from that provided above, then the Conditional Use Permits shall be presented to Planning Commission for review and possible revision or revocation, in accordance with the procedures in Section 94.02.00(1) of the Zoning Code. 4. The operator shall, within 30 days following opening of the grocery store, obtain and shall thereafter maintain a Supplemental Nutrition Assistance Program (SNAP) permit to become a SNAP authorized retailer from the United States Department of Agriculture. 5. The grocery store operation shall maintain the following at all times: a. A minimum of five shopping carts available to customers. b. Maintain landscape areas in satisfactory condition, as required by PSZC Section 93.19.00. The list above will be carried forth and remain as conditions of approval for the Project. The California Department of Alcoholic Beverage Control (ABC) Type 21 liquor license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises. The applicant is requesting a determination of public convenience or necessity in accordance with Division 9 of the State of California Business and Professions Code. 4City Council Staff Report Page 4 of 6 February 25, 2021 Case 5.1511 PCN -Tower Market ANALYSIS: The approved bona-fide/qualifying grocery store is consistent with the General Plan designation of (MU -Mixed Use/Multi-Use), and is permitted in the C-1 zoning district with the fueling pumps upon approval of a Conditional Use Permit per Case 5.1511 CUP. The grocery store use is permitted by right in the C-1 zoning district and the site complies with the parking requirements as listed in PSZC Section 93.06.00(D). The applicant has applied for a Type 21 Off-Sale (Package Store) liquor license through the California Department of Alcoholic Beverage Control (ABC) to sell beer, wine and distilled spirits for off-premises consumption/carry-out. The ABC identifies the Type 21 license as follows: • Type 21-Off Sale General-Package Store Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Pursuant to Section 23958 of the State of California Business and Professions Code, the California Department of Alcoholic Beverage Control (ABC) is required to " ... deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4." Sections 23958.4(a)(2) defines the "undue concentration", as follows: • As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. The subject property is located within Census tract number 446.05, which is identified as the east side of North Palm Canyon Drive from Via Escuela to the east side of North Indian Canyon Drive, north of San Rafael Road that includes parts of Desert Highlands and Racquet Club neighborhoods. According to the applicant's ABC applications, there are already two (2) off-sale liquor licenses issued within this Census tract and only two (2) such licenses would be normally allowed based upon the ABC ratios described above. Census Tract 446.05 has a population of 6,107 residents within 1.9 square miles and the addition of the Tower Market Type 21 license will not cause the ratio per person to be excessive. The approved licenses are as follows: • PS Gas & Mini Mart • North Palm Canyon Shell -3689 North Indian Canyon Drive 2796 North Palm Canyon Drive 5City Council Staff Report Page 5 of 6 February 25, 2021 Case 5.1511 PCN -Tower Market Census Tract 446.05, Riverside, CA 1.9 square mile!. 3,203.5 people per square mile Census Tract 4460.05 However, Section 23958.4(b)(2) states that a liquor license may nevertheless be issued in an area of undue overconcentration when " ... the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance ... ". Therefore the applicant is seeking a finding of public convenience or necessity from the City Council to allow ABC to issue a liquor license notwithstanding the undue overconcentration of liquor licenses in the Census tract. With the addition of a set of conditions of approval which limits the area devoted to alcoholic beverage sales to 20% of the total floor area of the grocery store, Staff believes that the Project would serve the Public Convenience or Necessity based upon the following observations: The project site is located along a Major Thoroughfare at a corner with residential communities within proximity. North Indian Canyon Drive is the primary commercial corridor in the Census tract number 446.05, and the site is easily accessible from the attached off-street parking lot. The project site is 2.59 -acres in area, and it is adequate in size and suitable for the proposed use. The sale of alcoholic beverages as part of a grocery store will contribute to diversifying products and services the area has to offer to local residents and visitors. The approval of the PCN will add to the attractiveness of the new busines and allow to offer a wide variety of products to the nearby neighborhoods and other City residents. The project has received extensive review of the site, building architecture and landscaping, and the proposed use is consistent with the intent of the General Plan and will occupy a long vacant parcel. Considering these attributes, staff finds that the issuance of the requested liquor licenses is suitable for the area and will serve the public convenience. 6City Council Staff Report Page 6 of 6 February 25, 2021 Case 5.1511 PCN -Tower Market FISCAL IMPACT: No fiscal impact. t t . -----\ -Fllnn Fagg, AICP I ~ Development Services Director David H. Ready, Esq., P City Manager Attachments: 1. 500' vicinity map 2. Map of Census tract #446.05 Marcus L. Fuller, MPA, PE, PLS Assistant City Manager/City Engineer 3. Draft Resolution and Conditions of Approval 4. Justification Letter 5. Public Integrity Disclosure Form 6. City Council Resolution #24834 Approving Case 5.1511 CUP 7. Site Plan/Floor Plan 7Department of Planning Services Vicinity Map -N W E . . i" L',. I,, l ' CM i I M1. ··-..... ---t1 ---------__ qASIS·,~D. ___ _ -I . • F LJ i \ 'I_. \ \ l \ i _I ............... I l !. ; i l ! ; --r··---1 I CM ------~i----;.,1ll~! : i I I ' ' I _ __.!.. I ......,.__J I -· -·---.... -~ L_ ___ _ 7CM r ---------sAN·RAFAEL DR PD ! , ........ --l._ ..... , ---1 ........... 1 tx I . -R2 I ,.2 ~x >--··---1.· -R 1 C __.__,____,_ • , \ j l » -~~~~~ ~, ' I R1A , R1A ~RGA6~ R2 ',r MQi.l,,NOaRD~ ~~-'.:~.'.:~_'.:~.'.:: i------------~-..,-"""" 5 _S_A_..N-TA-CA_._I_A_LI___.NA~~-~r,./'_R-~~=-~-::;>G-. ~ ··••oo••·-·· 1R1 c-w ' o ................... • J SIMMS RD 0 > ' . ' \ ~ · ·· z -I ~ ----z ______ ....,..o:: i ---· R1A .. ··-··+,-----1i ____ .J_R1A-· _____ ~;::· ~ .. SI~~~ ~I) .1 i ---1~1c ~1~ r; ~v > I ct -··11 L .... ~ > "i:INDSEY RD ~,, ..J_ l -z -··· .. -' z . , ~,\ ......._,._ ____ i_ ,........_ ' { ~ ::::, .. Legend N CARLOS RD-. u, 1------1~ ...... Cl.. [_R{c_ JJJ R2 -Rlc-~--CJ 500 Ft Radius . SANTA CLARA WAY ... ~ ~ Site __ 1 ___ + ___ l_J CITY OF PALM SPRINGS Tower Market 3299 North Indian Canyon Drive Cases 5.1511 PCN s 8Census Tract 446.05, Riverside, CA Census Tract in: eaJm...Swiogs..CA. Riverside Coynty..cA, Cal.ifiml.ia. United States 6,107 1. 9 square miles Population 3,203.5 people per square mile Census data: ACS 2019 5-year unless noted ~1;::, 9RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, .DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 21 FOR TOWER MARKET A GROCERY STORE LOCATED AT 3299 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.05. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Tower Energy Group has initiated the application process for California Department of Alcoholic Beverage Control (ABC) Type 21 (Off Sale General -Package Store) liquor license to sell beer, wine, and distilled spirits in a grocery store at 3299 North Indian Canyon Drive, Census Tract No. 446.05, Zone C-1, APN 504-121-002 ("Tower Market"). B. The California Department of Alcoholic Beverage Control (ABC) has determined that: 1) there are two (2) existing off-sale liquor licenses issued within Census tract number 446.05 while only two (2) of such permits would be allowed based on off-sale retail licenses relative to population in the County in which the applicant's premise is located. C. The California Department of Alcoholic Beverages Control (ABC) has determined that the addition of the requested license would cause an "undue concentration" of alcohol-related licenses in the Census tract number 446.05. D. Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license notwithstanding an "undue concentration" of alcohol-related licenses in the Census tract number 446.05. E. Tower Market is located within Census tract number 446.05. The zone designation is General Commercial (C-1), and it is located within the Mixed Use/Multi-Use (MU) General Plan land use designation area. The proposed grocery store will be within a new 5,343-square foot building on a 2.59-acre vacant parcel and is consistent with the intent of the General Plan because: 1) a Conditional Use Permit was approved by the City Council (Case 5.1511 CUP) on December, 10, 2020 for a grocery store where the total space for the sale of alcohol products shall not exceed 20% of the total floor area; 2) the project site is adequate in size and suitable for the proposed uses; 3) the site is easily accessible from an attached off-street parking lot; and 4) the issuance of the requested licenses will contribute to diversifying products and services the area has to offer to local residents and visitors. F. As there are no specific findings required for the approval of a Resolution of Public Convenience and Necessity (PCN) the City Council determines that the public would be greater served due to: 10Resolution No. Page2 1. The character of the premises as a grocery store offering a range of perishable goods, dry goods, and convenience items serving the nearby residents; 2. The aesthetics and ambience of the proposed business will be within a new 5,343-square foot building located at the corner of a major, heavily-trafficked thoroughfare. 3. The attractiveness of the proposed business will serve the public in a manner that is deficient in the surrounding neighborhood. 4. The grocery store is located in a Food Desert Overlay Zone, and is required as a condition of approval to maintain and offer a full line of dry groceries, canned goods, and perishable groceries, including meats, dairy, and produce. 5. The types of guests likely to be patrons include residents of the immediate neighborhoods and other City residents and the general public. 6. The ability to serve an unserved or under-served population by providing a grocery store that also includes the sale of beer, wine, and distilled spirits. 7. The convenience of purchasing alcohol in conjunction with grocery food sales or services. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the public convenience would be served by the issuance of Type 21 (Off Sale General -Package Store) alcoholic beverage license for a grocery store for the off-premise consumption of beer, wine, and distilled spirits in conjunction with the business named Tower Market located at 3299 North Indian Canyon Drive within, Census Tract No. 446.05. ADOPTED THIS 25th DAY OF FEBRUARY, 2021. David H. Ready, City Manager ATTEST: Anthony J. Mejia, City Clerk CERTIFICATION 11Resolution No. Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ 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 __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia, City Clerk City of Palm Springs, California 12Resolution No. Exhibit A Case No. 5.1511 PCN Resolution of Public Convenience and Necessity Tower Market 3299 North Indian Canyon Drive February 25, 2021 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. ADMINISTRATIVE CONDITIONS ADM 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. ADM 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 5.1511 PCN. 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 13Planning Commission Resolution No. SP 5.1511 PCN -Tower Market -Conditions of Approval February 25, 2021 Page 2 of 2 adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 3. The Case 5.1511 CUP authorizes the sale of alcoholic beverages for off-premises consumption per regulations from the California Department of Alcoholic Beverage Control. The incidental sale of liquor and/or alcohol products, may be permitted in conjunction with the qualifying grocery store, but shall not exceed twenty (20%) percent of the floor area or sales volume. ADM 4. The subject grocery store shall be operated in conformance with the definitions and standards of the Food Desert Overlay Ordinance, as contained in PSZC Section 92.29.0, except as specifically provided otherwise in these conditions. The merchandise display areas shall consist of the following: a. A minimum of 15% shall be devoted to and stocked with perishable groceries (meats, dairy and produce); b. A minimum of 30% shall be devoted to and stocked with other staple foods, which are defined as dry groceries (including bread, pasta, rice, dried beans, cereal, flour, nuts, health/protein bars, etc.), canned food products, frozen fruits and produce, and frozen meats; and c. A maximum of 20% may be devoted to alcohol (beer, wine and liquor). The applicant shall submit a floor plan to the Planning Services Division that demonstrates compliance with this condition prior to commencing sales at the property. Any revision to such floor plan shall comply with the above thresholds and be submitted to the Planning Division for approval prior to modifying the display areas. ADM 5. An annual review of the merchandise display area will be conducted by the Planning Services Division. If the mix of merchandise varies from that provided above, then the Conditional Use Permits shall be presented to Planning Commission for review and possible revision or revocation, in accordance with the procedures in Section 94.02.00(1) of the Zoning Code. ADM 6. The operator shall, within 30 days following opening of the grocery store, obtain and shall thereafter maintain a Supplemental Nutrition Assistance Program (SNAP) permit to become a SNAP authorized retailer from the United States Department of Agriculture. ADM 7. The grocery store operation shall maintain the following at all times: a. A minimum of five shopping carts available to customers. b. Maintain landscape areas in satisfactory condition, as required by PSZC Section 93.19.00. END OF CONDITIONS 2 14January 26, 2021 To: Glenn Mlaker City of Palm Springs Planning Department From: Nick Battaglia Tower Energy Group Re: Property located at 3299 N. Indian Canyon, Palm Springs 5. IS1/ Pcr.J J ;;i_ '97 /\/LGO ~L1-(J,l-ooZ (_-) I am requesting a Letter of Public Convenience and Necessity for the Tower Market Site located at 3299 N. Indian Canyon, Palm Springs. The CUP was granted for the sale of liquor, beer and wine. There are two licenses within the census tract of the site and two available. The Tower Energy Site will be third license within the census tract. Please present this request to the City Council for approval by Resolution. Sincerely, Nick Battaglia 310-897-0961 n@tetm.com 15STATE OF CAJJEORNIA.=,.BUSlNESS . ..,C.ONS.UMERS_gR.V~=.!J:{~QU~s~.IN2!:GSAG!o!,!,E:!,l!tj_~cY!:::========== .... •-="""=·-.. -= ... -=·-.. === .. =,;µ~~!J!.!.Y.!n~.New!!!,iS!!!.!:OY.!,ffi=:\,;G~nve~m~. or DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL PALM DESERT DISTRICT OFFICE 34-160 GATEWAY DR., STE 120 PALM DESERT. CA 9221 l (760) 324-2027 TOWER ENERGY GROUP 1983 W 190TH ST TORRANCE, CA 90504-6234 Dear Applicant(s): January 25, 2021 Location: CMD: 'File No: 3299 N INDIAN CANYON DR PALM SPRINGS, CA 92262 January 19,2021 21-620207 The Department of Alcoholic Beverage Control is committed to providing the best customer service possible for its stakeholders. We are aware that the COVID-19 pandemic has had an immediate impact on businesses, communities, and local govemment agencies that we serve and work with. We understand that we need to be as flexible as possible during this very difficult time. I want to assure you that the department is still actively working on your license appljcation~ To that end, below is a list of the infonnation and documents that is still needed in order to complete your license application: 1. ABC-217 Application Questionnaire -Complete/correct where highlighted. 2. ABC-217 Reverse -Complete where highlighted, signature must be notarized. 3. ABC-293 Affidavit of Posting. 4. ABC-207E/F Notice of Intention to Engage and Declaration of Service by Mail. 5. ABC-257 Premises. Diagram -Complete where highlighted. 6. ABC-253 Supplemental Diagram -Complete where highlighted. 7. Proof of Funds -Provide proof of funds for the $15,835 invested for this Priority License. 8. Public Convenience & Necessity -Obtain from Governing Board. 9. ABC-247 Statement Re: Residences -Please complete. I understand that it may be difficult to obtain some of these documents under the current circumstances. Please send me any documents and information you can obtain, and I will add them to your file, so your application can be completed in a timely manner. I _will make every effort to stay in touch with you and provide periodic updates on the information I need in order to complete your application. lfyou have any questions regarding the above, please feel free to contact me at (760) 324-2027 or email at alma.zuniga@abc.ca.gov. Sincerely, 16o//Ylfl-z,t/l1;rec Alma Zuniga Licensing Representative 17Department of Alcoholic Beverage Control APPLICATION QUESTIONNAIRE Please read· instructions, which includes Privacy Notice, before completi11g form. 1. APPLICANT'S NAME($) (If an individual, first name-, mlddlo name, last name. Name of entity if corporation. limited pattnership or limited liability company.) Towai-8v6'L'1 4 . Pl DUfJ Dept. of AtcornfJ\c i3evGmJB Contm\ · \J.,J V -· 1 p.12 L1cer,isfftilr:n D0ssrt fit{es · 0No (If yes, compleieforin ABC-811} 3. TR~CTION TYPE (Check appropriate item) 2. LICENSE TYPE(S) (Check appropriate items) 20 Off-Sale Beer & Wfne 01 Off-Sale General 40 On-Sale Beer Voriginal (New) ._. .. Person-to-Person Transfer (check appropriate section): 41 On-Sale Beer & Wine Eating Place Section 24071 (Surviving spouse, corporations, fiduciaries, etc.) Section 24071.1 (Corporate Stock/Limited Partnership) 42 On-Sale. Beer & Wine Public Premises 47 On-Sale General Eating Place Section 24071.2 (Limited Liability Company) Premises-to-Premises Transfer 48 On-Sale General Public Premises Other 4. TEMPORARY P~ REQUESTED (Person-to-Person transfers only) Oves l!)No Exchange Other . &1.,,00•~ i;S~){S--~ ;;J'""Dif.•1}:}i.,r, I UMBER 7~~SIDECITYL1Md ~Yes 0No 9. BUSINESS MAI I ~RESS (Street number and narn«1, city, stale, zip codeJ reverse) 10. M~NG ADDRESS V'f>ermanent Temporary 11 l l~. COST {~.L '1 Lr?) Tt){UUWCEI 13. HAS TH~~~} EVER BEEN 14. HAS THE APPLICANT(S) EVER VIOLATED ANY OF THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT OR REGULATIONS CONVICTED O~~NY? ~~E DEPARTMENT PERTAINING TO THE ACT? 0~ ~o ~~ 0~ 15. IF YES TO ITEM 13 OR 14, PLEASE EXPLAIN ,~e>tE HAtJE /3930 t.lilLA-;av~ .1Jv Ol}\e1 UXA~ 16. TRANSFEROR'S NAME (If an individual, last. first, middle. Name.of entity if corporation, fimited par1nership or limited &ability company.) 17. ABC LICENSE NUMBER 18. TRANSFEROR'S PREMISES ADDRESS (Where license ls now issued) (Street number and name, city, zip code) 19. PREMISES UN~-~STRUCTION IF YES, LIST ESTIMATED COMPLETION DATE oves ... ~o .. . 20. FRANCHISE Oves 21. NAME OF PERSON WE MAY CONTACT (For the appDcant) 22. TITLE OF CONTACT PERSON Ci>N!JuL,Y,W7 24. CONTACT E-MAIL ADDRESS rvn TtSTtn, com 26. CURRE'RrL1ce~~PERATING Oves L!fNo IF NO, DATE CLOSED FINANCIAL INFORMATION 27. ESCROW COMPANY'S NAME ESCROW COMPANY'S ADDRESS tn..dL T:t:11-e Cu 3\\? 6, LaJ~l\ 61 fhJfA 28. BOOKKEEPER!ACCOUNTANrs NAME BOOKKEEPER/ACCOUNTANT'S ADDRESS j Some None 1833. INVESTMENT INFORMATION COST a. ABC License $ lS,'634 -b. Furnit\,Jre/fixtures c. Inventory d. Goodwill/non-compete covenant I 00,000-e. Leasehold and/or Improvements f. SUBTOTAL (Usually should equal the recorded notice) $ Dept. of P.icohoi:c Cevzm.ge Comrol Pain D " .. Grt ...-1 :-l-l'5-,-'6.3-~------g. Fees for other licenses, permits, and deposits (approximate). Include Federal, State, County or City license fees or permits; lease and utility deposits h. Working capital (approximate) $ ~OD p:D-i. Realty or Interest therein r---$---~--------J. TOT AL INVESTMENT (Items f through I) (will equal total of amounts listed In ttem #33) I $ 0 • 00 ~5l5j$Jl/-34. Source of Funds for Total Investment (item #33j) -identify amount(s), type(s) and explain source(s) and/or terms of Repayment Amount Type _ _...tttdlfS $1,000 Gift ~••r $15,000 Promissory Note $10,000 Loan CA(>h Source and/or Terms of Repayment . John Doe, Brother to seller, payable@ $1,000 per month for 15 months from ABC Bank, @ 8.5% over 5 yrs; monthly payment= $2,052 ptum Dl'V6a:IW6 lf ~ ~~65es . . 35. LIST ALL BANK ACCOUNTS FOR THIS BUSINESS OPERATION BANK NAME BANI< ADDRESS ACCOUNT NUMBER a. B of A c)t}lf I\ ~~ 8UJll ~) 6:3($ 4(,(o b. floLt;ovl, }-CfU-S ~~ c4' ~ 'JLI .c. NAMES OF ALL PERSONS AUl:HORIZEO TO SIGN ON BANK ACCOUNT(S) (Print) J TWAN~ rnl (2.,0~~1 y 'Jbf\tJ T, /liJ"~ I understand that falsification ~he information on this form may co;sti~)i grounds for denial or revocation of the license(s). For a period of 90 days from this date, I/we hereby authorize the Department of Alcoholic Beverage Control, or any of its officers, to examine and secure copies of financial records consisting of signature cards, checking and savings accounts. notes and loan documents, deposit and withdrawal records. and escrow documents of my/our financial institution(s) or any financial records established in connection with this business. This authorization to examine records at any financial institution may be revoked at any time. I/we also authorize the Department of Alcoholic Beverage Control, or any of its officers, to examine and secure copies of any business records or documents established in connection with this business including, but not limited to those on file with my/our bookkeeper. l/we also read all of the above and declare under penalty of perjury that each and every statement is true and correct. ABC-217 (rev. 01/19) 19I ,\ ', I \ : ·_ ,fr .i l .l'' t R 1,.,.,i•o1ic r~ey;~f(1r",e Contra\ Dept. o ;.\1v;.1 ,,1 .., -~ ·l:J -·-···--· -p m~rt @)r;>~o!~ MARKET .. , __ ,, ___ " -·-~ ; !R' ,I :1 ii: i l .,_,.,._,fl 20., ' ··---~ ..., ... ~ --, --:-------"•"• ·c. l ' ' .. ) I 1·,, " V i i •. • · ; ·, ,, "' D :,_.;/ ~---.... ~..._.,. ...... -,,.:,1.." ,. . Controi -, _.,;_, ____ " __ _ f<I tell •• -#~ Cl'tJ I &Ill IIIAI.L 1111 PI.A&'TER FtllSW,lill:l10'Y£' ! E)Cl&TH) FENCi! GRAP141C SCALE 6A0TA GltrA laJA {W. @TOWER MARKET 21Department of Alcoholic Beverage Control State of Caiifomia STATEMENT RE: RESIDENCES Ga•,cnN-ewsom.Governor (Rule 61.4) Applicant: Please complete left side of fom1, then sign. List addresses of all residences within 100 feet of your proposed premises. If there are none,. write ··None." Measure all distances by direct line from the closest edoe of the residential structure to the closest edge of your structure or parking lot, whichever is closer. Your ··parki;g lot'" includes any area that is maintained for the benefit of your patrons or operated in conjunction with your premises. Continue on reverse if needed. 1. APPLICANT NAME 2. PREMISES ADDRESS (Streat m,moer and nr1me. c;,ty Zip ocxJeJ J. RESIDE~CES \\lTHI~ 100• DEPARTM_E~T USE O~L Y LTR PERS CATE I DISTANCE SEPARATION FACTORS 1. • • ft. NAME LTR PERS DATE I DISTANCE SEPARATION FACTORS 2. • • ft. fliAf.lE LTR PERS DATE I DISTANCE SEPARATION FACTORS 3. • • fl NAME lTR PERS DATE I DISTANCE SEPARATION FACTORS 4. • • fl NAME LTR PERS DATE I DISTANCE SEPARATION FACTORS 5. • • ft. NAME. LTR PERS CATE I DISTANCE SEPARATION FACTORS 6. • • fl NAME LTR PERS DATE I DISTANCE SEPARATION FACTORS 7. • • tt. NAME LTR PERS DATE I DISTANCE SEPARATION FACTORS 8. • • ft. NAME NON-INtERfERENCE (For Department Use Only) I acknowledge that an .. vfalse, misleading or omitted information required in this statement may constitute grounds for denial q/applicatio11 for the license. 01· if the license is issued in reliance upon information in this statement which is o.ff'ered.false or misleading. then such misinformation or omission 1rrill constitute grounds for revocation of the license so issued. -4. APPLICANT SIGNATURE I DATE SIGNED ABC-247 (rev. 01/19} 221. 2. s. 4. Name of EnUty PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Tower Energy Group Address of Entity (Principle Place of Business) 1983 W 190th St #100, Torrance, CA 90504 Local or Callfomla Address (If different than #2) State where Entity is Registered with Secretary of State California If other than California, is the Entltv also realstered In California? n Yes n No .S. -·-___ ,. Type of. EnUly ·•• ·-· ~-'~~ --... ~ ',,.,.,. ---,..,,....,.,, "' ,/.,,.,._,_, __ . ....,,,...,.. ',........,_..,,,.,, '-................. ..... --. . ~-11 Corporation D Limited Liability Company O Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Manager&. Trustees, Other Fiduciaries (please specify) Note: If any response Is not a natural person, please ldsntlfy all officers, directors, members, managers and other Rduclar/ss for the msmbsr, manager, trust or other entity John T. Rogers II Officer O Director D Member D Manager (name) D General Partner D Limited Partner •Other 0 Officer D Director D Member D Manager [name] O General Partner D Limited Partner •Other O Officer O Director O Member D Manager (name) D General Partner D Umlted Partner •Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 07 OS 18) 23. . • 7. Owners/Investors with a 5% beneflclal interest tn the Applicant Entity or a related enUty A. John T. Rogers [name of ownernnvestor] [name of offlclal with whom ownernnvestor has material financial relationship} FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: Owner 8. [name of owner/Investor) [name of official with whom owner/investor ·~ ----~~-·-·-·· --has material flnanclat relaUonshlp] --.,._.,.,_..,,-~--"'· -,,., .. _ ...... .,_ ........... --· ~.---,.. -· -FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: c. [name of owner/investor] [name of offlclal with whom ownernnvestor has material financial relationship J FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature ofDlscloslng Party, Printed Name, Title Date 1'h-l21) (Revised 091318) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page2of2 -- 24RESOLUTION NO. 24834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MUL Tl-USE AND CONDITIONAL USE PERMITS ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299 NORTH INOIAN CANYON DRIVE, ZONE C-1, SECTION 3 THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Tower Real Estate Holdings, LLC. ("Applicant") representing Tower Market has filed an application for an amendment to the College Park Specific Plan to change the land use designation to Mixed Use/Multi-Use (resulting in the equivalent to a Change of Zone to General Commercial (C-1 )), and a Conditional Use Permit (Case 5.1511 CUP) to allow the construction of a 5,343-square foot neighborhood market, and accompanying fueling station (Case 5.1514 CUP) located at 3299 North Indian Canyon Drive. (This application, Cases 5.1511 CUP and 5.1514 CUP, is referred to herein as the "Project".) B. On April 20, 2011, the City Council adopted Ordinance #1789 establishing the College Park Specific plan along with guidelines for the proposed ten (10) individual planning areas; and the Final Environmental ·Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring program for a 510-acres located West of Indian Canyon Drive and East of Highway 111, and West San Rafael Road. C. On August 6, 2020, the City Council adopted Ordinance #2028 adding Section 92.29.00 to the Palm Springs Zoning Code establishing a Food Desert Overlay Zone to encourage the development of grocery store uses in underserved areas. The Ordinance provides a streamlined review process for applications requiring a Conditional Use Permit. D. On September 9, 2020, the Planning Commission held a public hearing to consider the Project in accordance with applicable law and voted 6-0 to recommend denial of the specific plan amendment and to deny the CUP application because the Commission could not make the required findings. E. A City Councilmember initiated a review of the Planning Commission's decision, pursuant to Palm Springs Municipal Code Section 2.06.030, qn September 15, 2020 seeking review of the Project application by the City Council. F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Project was given in accordance with applicable law. 25Resolution No. 24834 Page2 G. On November 12, 2020, the City Council of the City of Palm Springs, California, considered the Project to discuss the Planning Commission's decision to deny/recommend denial of the Project, and voted to continue the discussion to a date certain of December 10, 2020 and formed a sub-committee of Council Members Garner and Woods to meet with the applicant. H. On November 24, 2020 the City Council Sub-Committee along with Staff met with the applicant and compiled a set of project specific conditions to be considered at the December 10, 2020 Council meeting. I. On December 10, 2020, the City Council of the City of Palm Springs, California, considered the Project to discuss the Planning Commission's decision to deny/recommend denial of the Project, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project including new evidence and testimony from the applicant plus but not limited to the staff reports, and all written and oral testimony presented. J. The proposed project is considered a "project" pursuant to the terms of the California Environmental Act ("CEQA") and an Environmental Impact Report was prepared and certified by the City Council on April 20, 2011 in conjunction with the adoption of the College Park Specific Plan to include a Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring program for the area slated for development. The City Council finds that the Environmental Impact Report continues to adequately identify and address the environmental impacts of the Project. K. Pursuant to Section 94.07.00 (A) of the Palm Springs Zoning Code (PSZC) for a an Amendment to the College Park Specific Plan, the City Council finds: 1. The proposed specific plan amendment/change of zone is in conformity with the general plan map and report. The proposed specific plan amendment from Multi-Family Residential to Mixed Use/Multi-Use will allow the grocery store and fueling station uses to be consistent with the amended General Plan Land Uses of Mixed Use/Multi-Use. In addition, the proposed use will allow a grocery store to locate within the Food Desert Overlay Zone. The subject property before the College Park Specific Plan (CPSP) was adopted had a land use designation of Mixed Use/Multi-Use. Approving the CUP will return the parcels to a land use designation and zoning category that was previously assigned before the CPSP was adopted and the finding has been met. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The subject vacant property is located along a Major Thoroughfare with 26Resolution No. 24834 Page3 ingress/egress off three (3) streets. The site will be comprised of three lots merged to form a 2.59-acre lot which is suitable in size to accommodate the proposed use. The grocery/convenience store and fueling station will have sufficient maneuvering room for guest vehicles as well as delivery and refueling trucks. The site is across the street from a light industrial park, with residential communities in the immediate area that will benefit from the services provide and the finding has been met. 3. The proposed specific plan amendment/change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The proposal is intended to provide a grocery store in an underserved area which is considered a Food Desert. The Food Desert Overlay Zone (FD) encourages bona fide grocery stores to be located within Census Tracts where the median household income is below the median household income for the City as a whole; and the poverty level for the census tract is fifteen (15%) percent or greater. The City Council determines that the proposal as submitted is necessary and proper because the proposal will provide a "bona fide"/qualifying grocery store based upon the percentages and types of foods to be sold in the store. The Council finds that the proposed project sells a full line of fresh produce, meats, dairy, and other items for which the FD Overlay was intended. L. Pursuant to Section 94.02.00 to the Palm Springs Zoning Code for a Conditional Use Permit the City Council finds: 1. 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. PSZC Sections 92.29.00, and 92.12.01(0)(6) & (11) allows for a grocery store in the Food Desert Overlay Zone along with a convenience store and fueling station, subject to the development standards contained in Section 92.12.03; in addition the PSZC provides guidelines for automobile service stations per Section 93.23.01. The proposed construction of a 5,323-square foot grocery /convenience store with twelve (12) pump fueling island within the Mixed Use/Multi-Use specific plan designation (having the equivalent of C-1 zoning) is a permitted use with the approval of a Conditional Use Permit. 2. 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. The City Council determines that the proposed grocery store and fueling station will meet the intended goals of the MU designation because the project would bring a "bona fide"/qualifying grocery store to the immediate area, in which there is currently none. This will provide a useful and desirable service not currently being offered within the immediate area and the finding has been met. 27Resolution No. 24834 Page4 3. 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 site is located within the College Park Specific Plan which is intended to provide a specific regulatory structure for land use and development in the planning area. The proposed grocery retail with fuel station on a 2.59-acre lot is flat with frontage along North Indian Canyon Drive with access from West San Rafael Road and West Santa Catalina Road. Ingress/egress will be from three (3) main driveways from the major thoroughfare and secondary streets. The construction of a new 5,343-square foot grocery retail store and twelve (12) pump fueling station includes adequate parking and maneuvering for vehicles visiting the site. The building design is Spanish inspired with low pitched roofs, column archways, clay barrel tile roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off-white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark wood timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The entrance to the store is through an arcade with three archways which is part of a vaulted ceiling that runs from the exterior to the interior. The front fa9ade is east facing, and the extended roof eaves will provide shading and solar control. The fuel canopy will have a height of 16'-6" with metal support posts and pre-cast colored concrete blocks at the base. Color of the structure to be an off-white to match the main building. The landscape plan will utilize a variety of desert landscaping and meet all required standards. Based upon the proposed site plan and building design the finding has been met. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The flat 2.59-acre site located at the corner of a traffic controlled signalized major road intersection with three (3) entry driveways properly designed to meet City standards in distance from intersections, and width. The grocery store will be placed toward the back of the lot with the fuel canopy sited in front. Pedestrian access will be provided via new sidewalks along the entire street frontage plus walkways leading into the site. A traffic analysis was prepared and the site was deemed adequate to accommodate expected impacts. The signalized intersection of North Indian Canyon Drive and West San Rafael Road will be sufficient to handle anticipated vehicle movements and based upon this determination the finding has been met. 5. 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 28Resolution No. 24834 Page5 may include minor modification of the zone's-property development standards. The conditions imposed as part of this Conditional Use Permit are intended to minimize impacts on the surrounding community. The CUP approval includes a set of Conditional of Approval that will act as the framework to the orderly development of the site. A site, grading, landscape and associated plans are part of the CUP approval and will allow a retail development that services the local community and the finding has been met. M. Pursuant to Section 92.29.00 of the Palm Springs Zoning Code relative to the Food Desert Overlay Zone, the City Council makes the following findings with respect to the following goals: 1. Assist in implementing Goal LU1 of the Land Use Element of the City of Palm Springs General Plan by encouraging a balance of land uses within neighborhoods and providing positive economic results: The City Council determines that because the intended use would bring a "bona fide"/qualifying grocery store to the immediate area, it would result in a proper balance of land uses and not result in an overconcentration of convenience store/fueling stations in the immediate area. This will provide positive economic benefits as well as public health benefits to the area as a more diverse palate of food choices will be available, which is the purpose of the Food Desert Overlay. 2. Provide high-quality sustainable commercial development in underserved neighborhoods as supported by Goal LU4 of the Land use Element of the General Plan. The Food Desert Overlay Zone is intended to encourage the development of a "bona fide"/qualifying grocery store within the immediate area. The City Council determines that the proposal as submitted provides a "bona fide" grocery store based upon the percentages and types of foods to be sold in the store. The Council finds that the proposed project is more than just a "convenience store" and sells a full line of fresh produce, meats, dairy and other items for which the FD Overlay was intended. 3. Encourage the development of grocery store uses in existing commercial area as currently permissible under Chapter 92 of the PSZC. The proposed development of a 5,343-square foot grocery/convenience store with fueling station will meet the definition of a "bona fide"/qualifying grocery store which provides access to fresh food to include fruits, vegetables, dairy and other household items. The immediate neighborhood and other residents and visitors to the northern portion of the City will benefit from the new project. The City Council determines that the proposed project will provide a public health benefit to 29Resolution No. 24834 Page6 the immediate neighborhood by providing a "bona fide" grocery store, therefore the goal has been met. 4 Promote public health and welfare by improving access to healthy affordable food. The proposed Project will be accessible from the public streets of West San Rafael Road, West Santa Catalina and North Indian Canyon Drive. This will promote public health by providing safe and handicapped accessible walkways leading to the store. Based upon the assortment of products to be sold in the new market the City Council finds that the project is a "bona fide"/qualifying grocery store selling a full line of fresh produce, meats, and dairy and other items. The City Council determines based upon interior floor plans provided that the store's focus will be healthy affordable food offerings and the goal can be met N. Pursuant to Section 94.04.00(D) of PSZC, Architectural Review, specific aspects of design shall be examined to determine whether the proposed development will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance is evaluated based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas; The proposed grocery store and fueling station is located on a vacant site that is located at the intersection of two major streets. The new structures will be constructed at the appropriate setbacks and meet building height limitations and be similar in size and scale to industrial buildings in the immediate area. Access to the site will be via three (3) new driveways from West San Rafael Road, West Santa Catalina Road, and North Indian Canyon Drive. Pedestrian access to the site is from new sidewalks to be constructed on all three (3) street frontages with walkways leading onto the site. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The proposed construction of a new 5,343-square foot grocery store and fueling station at this prominent corner is suitable for this type of development and will be compatible with surrounding industrial uses. The building design is Spanish inspired with low pitched roofs, column archways, clay barrel tile roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off-white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark.wood 30Resolution No. 24834 Page7 timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The proposed materials and design will provide variety in the style and therefore, the project will have a harmonious relationship within the context of the immediate area and avoid monotonous repetition. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The proposed grocery store is to be placed at the rear of the site with the fueling canopy sited in the middle of the parcel with off-street parking providing twenty-seven (27) parking spaces located on the perimeter of the site. All setbacks to buildings and structures are conforming to the PSZC. The maximum building height will be 23'-8" feet with a parapet fully screening all equipment from view and the finding has been met. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The building design is Spanish inspired with low pitched roofs, column archways, clay barrel tile roof material and decorative iron exterior lights. Specific materials proposed include exterior walls to be a 3 coat cement plaster in an off-white color, precast colored concrete round columns, clay barrel tiles to be 2-piece in a four color blend, exposed dark wood timbers, arcade ceilings to be lighter colored wood, and aluminum frame windows in a dark brown. The entrance to the store is through an arcade with three archways which is part of a vaulted ceiling that runs from the exterior to the interior. The front fac;ade is east facing, and the extended roof eaves will provide shading and solar control. The fuel canopy will have a height of 16' -6" to the bottom of the canopy, narrow the metal support posts and pre-cast colored concrete blocks at the base. Color of the structure to be an off-white to match the main building. The buildings design will be of good composition and the finding has been met. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; The vacant parcel is currently void large vegetation and the new landscape plan shows extensive planting along the street frontages with large trees, _such as Palo Verde and Tipu for shading of the parking areas; Date and Mediterranean Palm trees throughout the site, and an assortment of medium sized shrubs such as Texas Ranger, Regal Mist, and smaller shrubs to include Bougainvillea, Little John, 31Resolution No. 24834 Page8 Lantana, and accents like Century Plants, Agave, Red Yucca. Several water retention areas will be lined with ½ inch crushed rock in a brown color and other ground cover to be ¼ inch decorative rubble. A six (6') foot tall masonry wall is proposed around the perimeter of the site along with shade and palm trees to act as a buffer. The use of desert appropriate plants is appropriate for the site and the finding has been met. 8. Signs and graphics, as understood in architectural design including materials and colors No signage is proposed at this time. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. Based upon the foregoing, the City Council hereby approves Cases Nos. 5.1511 CUP and 5.1514 CUP for the construction of a 5,343-square foot grocery store and fuel station located at 3299 North Indian Canyon Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 10th day of December, 2020. ATTEST: 32Resolution No. 24834 Page9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24834 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 December 10, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege Councilmember Garner None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this U t,.--.. day of $ v-<A,,7 , 'Zen.A . 33RESOLUTION NO. EXHIBIT A Conditional Use Permit Case 5.1511 CUP Conditional ;'-Use Permit Case 5.1514 CUP Tower Real Estate Holding LLC, representing Tower Market 3299 North Indian Canyon Drive December 10, 2020 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1511 CUP and 3.1514 CUP; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped July 20, 2020, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City, County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees 1 34to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1511 CUP and 5.1514 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 8. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 9. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers (conditional use permits only) ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are 2 35subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. CITY COUNCIL CONDITIONS CC 1. Photometric lighting plan to conform with Section 93.21.00 of the Palm Springs Zoning Code relative to outdoor lighting standards. Final determination of conformance to lighting standards shall be field checked after the construction of the unique fueling canopy. Additional measures may be required should lighting not conform. CC 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. CC 3. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. CC 4. Bike rack to be provided on site for use by patrons. CC 5. Hours of operation to be from 5:00 AM until 12:00 Midnight, with number of employees to be not greater than five (5) at a time. CC 6. This CUP authorizes the sale of alcoholic beverages for off-property consumption per regulations from the California Alcohol Beverage Board. The incidental sale of liquor and/or alcohol products, may be permitted in conjunction with a 3 36qualifying grocery store, but shall not exceed twenty (20%) percent of the floor area or sales volume. Conditions imposed by City Council at December 10, 2020 meeting CC 7. The subject grocery store shall be operated in conformance with the definitions and standards of the Food Desert Overlay Ordinance, as contained in PSZC Section 92.29.0, except as specifically provided otherwise in these conditions. CC 8. The merchandise display areas shall consist of the following: a. A minimum of 15% shall be devoted to and stocked with perishabfe groceries (meats, dairy and produce); b. A minimum of 30% shall be devoted to and stocked with other staple foods, which are defined as dry groceries (including bread, pasta, rice, dried beans, cereal, flour, nuts, health/protein bars, etc.), canned food products, frozen fruits and produce, and frozen meats; and c. A maximum of 20% may be devoted to alcohol (beer, wine and liquor). The applicant shall submit a floor plan to the Planning Services Division that demonstrates compliance with this condition prior to commencing sales at the property. Any revision to such floor plan shall comply with the above thresholds and be submitted to the Planning Division for approval prior to modifying the display areas. CC 9. An annual review of the merchandise display area will be conducted by the Planning Services Division. If the mix of items varies from that provided above, then the Conditional Use Permits shall be presented to Planning Commission for review and possible revision or revocation, in accordance with the procedures in Section 94.02.00(1) of the Zoning Code. CC 10. The operator shall, within 30 days following opening of the grocery store, obtain and shall thereafter maintain a Supplemental Nutrition Assistance Program (SNAP) permit to become a SNAP authorized retailer from the United States Department of Agriculture. CC 11. In the event CUP #5.1511 (authorizing the use of a grocery store), is revised or revoked, such revision/revocation shall constitute grounds for the revocation of CUP #5.1514 (Fueling station). CC 12. The grocery store operation shall maintain the following at all times: a. A minimum of five shopping carts available to customers. b. Maintain landscape areas in satisfactory condition, as required by PSZC Section 93.19.00. CC 13. Modify the architecture of the project as follows: 4 37a. Reduce size of or relocate retention basin and move building closer towards San Rafael to create pedestrian-friendly access to building. b. Outdoor seating/dining area with pergola shall be provided. c. Widen sidewalk from San Rafael Drive to the building and provide pedestrian pathway on west side of driveway from Santa Catalina Road to the project's interior. d. Provide architecturally compatible lighting to accentuate building, subject to AAC subcommittee and staff review. e. Change bike racks from ribbon design to hitch bike rack or another more secure bicycle system. CC 14. The applicant shall exercise best efforts to hire local residents. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. FIRE DEPARTMENT CONDITIONS FID 1. These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the site plan stamped received on May 15, 2018. Additional requirements may be required at that time based on revisions to plans. FID 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements. This building will require fire sprinklers and a fire alarm system based on the change of use. FID3 Conditions of Approval -"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. 5 38Fl D4 PLANS AND PERMITS (CFC 105.1) Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM -6:00 PM, Monday -Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire · Prevention Bureau prior to installation. Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data ( calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 5 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 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. FID6 FID 7 Required access (CFC 504.1 ): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official Key Box Required to be Installed (CFC 506.1 ): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gag, necessary access as required by the fire code official. 39FID 8 FID 9 FID 10 FID 11 Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Locatio Key Box Contenst (CFC 506.1) the 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. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. NFPA 13 Fire Sprinkler 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, 2016 Editions, as modified by local ordinance Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance. FID 12 Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus. FID 13 Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified. FID14 Private Fire Hydrants: This development will require private fire hydrants and double check detector assemblies. Please speak with Desert Water Agency. Shall install to the 2019 California Fire Code, Chapter 23 Fuel Dispensing. FID 15 Hood Suppression System: Shall add this to your deferred submittal section on your title page FID 16 Onsite Water Improvements: Shall add this to your deferred submittal section on your title page. 7 40ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. ENG2. ENG3. The Engineering Services Department recommends deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement. covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. NORTH INDIAN CANYON DRIVE ENG4. Dedicate an additional 5 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line -corner cut-back at the southwest corner of the intersection of San Rafael Drive and North Indian Canyon Drive and the northwest corner of Santa Catalina Road and North Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 105. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted. 8 41ENG5. ENG6. ENG?. ENG 8. ENG9. ENG 10. Construct an 8 inch curb and gutter, 38 feet west of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the southwest corner of the intersection of San Rafael Drive and North Indian Canyon Drive and the northwest corner of the intersection of Santa Catalina Road and North Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Construct a 32 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 232 feet from the centerline of Santa Catalina Road. Provide a traffic island that will only allow right-in and right-out traffic movements from North Indian Canyon Drive with applicable no left turn sig nage. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of San Rafael Drive and North Indian Canyon Drive and the northwest corner of the intersection of Santa Catalina Road and North Indian Canyon Drive 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. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer along the North Indian Canyon Drive frontage. Provide left turn pockets as required and allowed by the City Engineer. The median nose width shall be constructed 4 feet wide and shall have stamped concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. "Deferred' Submit landscaping, lighting and irrigation system improvement plans for the median island for review and approval by the City Engineer and Director of Facilities. The irrigation system shall be separately metered from the parkway landscaping and it is to be maintained by the applicant. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. "Deferred' 9 42ENG 11. ENG 12. ENG 13. ENG 14. All median landscaping maintained by the applicant, applicant shall enter into a .landscape maintenance agreement with the City of Palm Springs. "Deferred' Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SANTA CATALINA ROAD ENG 15. ENG 16. ENG 17. ENG 18. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage, with a curb transition from 6 inch to 8 inch curb from the ECR of the North Indian Canyon Drive return in accordance with City of Palm Springs Standard Drawing No. 200. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 162 feet from the centerline of North Indian Canyon Drive. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to a clean sawcut edge at centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be 10 43ENG 19. ENG 20. required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SAN RAFAEL DRIVE ENG 21. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage, with a curb transition from 6 inch to 8 inch curb from the ECR of the North Indian Canyon Drive return in accordance with City of Palm Springs Standard Drawing No. 200. ENG 22. Construct a 32 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 162 feet from the centerline of North Indian Canyon Drive. ENG 23. Construct a 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 24. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to a clean sawcut edge at centerline along the entire frontage in accordance with City of Palm Springs Standard · Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 25. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. 11 44ENG 26. ON-SITE ENG 27. ENG 28. All broken or off grade street improvements along the project frontage shall be repaired or replaced. The minimum pavement section for all on-site pavement (drive aisles, 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. On-site drive aisles and parking lot shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 29. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG 30. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department 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 Services Department 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 12 45ENG 31. ENG 32. ENG 33. ENG 34. Fugitive Dust Control Handbook and related "PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO@aguacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. 13 46ENG 35. ENG 36. ENG 37. ENG 38. ENG 39. ENG 40. A Notice of Intent (NOi) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre. (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. . 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 Services Department with the first submittal of a grading plan. 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 even though there may not be a grading plan for the project. Prior to issuance of Building Permits. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan (if 14 47ENG 41. required), to the Engineering Services Department for review and approval. In cooperation with the California 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: 760-782-3271 ). WATER QUALITY MANAGEMENT PLAN ENG 42. ENG 43. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. 15 48ENG 44. DRAINAGE ENG 45. ENG 46. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan: Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 16 49ENG 47. GENERAL ENG 48. ENG 49. ENG 50. ENG 51. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7287.76 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 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. All proposed utility lines shall be installed underground. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the east and south property line of Lot 9, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Services Department prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Services Department identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 17 50ENG 52. ENG 53. ENG 54. ENG 55. ENG 56. MAP ENG 57. ENG 58. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. 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 Services Department 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. 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. 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. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. The existing parcels identified as Lots 9, 10, 11 and 12 of the Vista Del Monte Tract Map, Map Book 18, Page 77, shall be merged. An application for a parcel merger shall be submitted to the Engineering Services Department 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. Easements for the existing overhead utility lines extending across the site shall be quit-claimed by the owners thereof as necessary to facilitate development of the subject property. Issuance of a building permit shall be withheld ~ntil all easements extending across the property are quit-claimed, and a copy of the recorded documents are provided to the City Engineer. 51Planning Commission Resolution No. Case 5.1445 CUP/ 3.4090 MAJ Conditions of Approval Page 19 of 20 TRAFFIC ENG 59. ENG 60. ENG 61. ENG 62. ENG 63. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at all proposed driveway locations accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. 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 (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. BUILDING DIVISION: The Following Standard Building & Safety Conditions of Approval Are Applicable to This Project: General Conditions 1. Shall comply with the latest adopted edition of the following codes as applicable: A. 2019 California Building Code B. 2019 California Electrical Code C. 2019 California Mechanical Code D. 2019 California Plumbing Code 19 52Planning Commission Resolution No. Case 5.1445 CUP/ 3.4090 MAJ Conditions of Approval E. 2019 California Energy Code F. 2019 California Fire Code G. 2019 California Green Building Standards Code Page 20 of 20 2. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code. 3. In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for occupancies involving fueling stations and foods and beverages. 4. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. 5. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection and Public Arts shall be paid at time of permit issuance. END OF CONDITIONS 20 53..... ~~ ,~ ~-,le I _j---~---7_ -----------, --~~.,.-. 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