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HomeMy WebLinkAboutPC Resolution _4676- Case 5.0816RESOLUTION NO. 4676 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 5.0816 (PLANNED DEVELOPMENT DISTRICT NO. 256) TO JAMES MCINTOSH, SUBJECT TO THE CONDITIONS STATED, FOR A PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A TWO -PHASED COMMERCIAL/RETAIL CENTER ON 4.02 ACRES OF LAND WITH PHASE ONE DEVELOPMENT CONSISTING OF A 15,112 SQUARE -FOOT WALGREENS DRUG STORE WITH DRIVE - THROUGH PHARMACY FACILITIES AND PHASE TWO CONSISTING OF TWO FUTURE OFFICE/RETAIL BUILDINGS TOTALING 11,400 SQUARE FEET, LOCATED ON THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, C-1-AA AND R-4-VP ZONES, SECTION 14, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, James McIntosh (the "Applicant") has filed an application with the City pursuant to Section 0 of the Zoning Ordinance, Preliminary planned Development District No. 256 for -phase commercial/retail the development of a two complex with Phase One development consisting of a 15,112 square -foot Walgreens Drug Store with drive -through pharmacy facilities and phase two consisting of two future office/retail buildings totaling 11,400 square feet, Iocated on the southwest corner of Tahquitz canyon way and Sunrise way, C-1-AA and R4-VP zones, section 14 WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Planned Development 256 were given in accordance with applicable law; and WHEREAS, on November 24, 1999 and continued to December 22, 1999, a public hearing on the application for Planned Development 256 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Planned Development District, PD 256/Case 5.0816, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Mitigated Negative Declaration and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: �J Section 1: Pursuant to CEQA, the Planning Commission finds as follows: The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project, which includes mitigation measures for traffic and circulation such as, the payment ofTransportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits of both phases of the project, the contribution to intersection improvements at Tahquitz Canyon Way and Sunrise Way, including any additional street dedication and street modifications for the future installation of dual left turn lanes, and modifying the traffic signal overlap phase at said intersection and that, on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The Planning Commission further finds that the Mitigated Negative Declaration reflects its independent judgment. Section 2: Pursuant to Section 9403.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. That the use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District will allow for a mix of commercial uses, including a Walgreens Drug Store which includes a drive -through pharmacy and two future officetretail buildings, is permitted pursuant to a Planned Development District. b. That the proposed Planned Development District is consistent with the applicable general and specific plans. The subject property is designated as "RC" (Resort Commercial) and "H 43/30" (High Density Residential) with an "NCC" (Neighborhood Commercial Center) overlay at the intersection of Tahquitz Canyon Way and Sunrise Way on the City's General Plan Land Use Map and C-1-AA (Large Scale Retail/Commercial Zone) and R-4-P (Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial/Retail Zone) pursuant to the Zoning Map. in addition, the site is designated Resort Attraction pursuant to the Draft Section 14 Master Development Plan. The purpose of the Resort Attraction designation is to promote large-scale resort hotel complexes, hotels, and major commercial recreation attractions integrated with retail and entertainment facilities. The application entails a planned development for the development of a two -phased commercial/retail center. The project complies with the General Plan, in that the development and uses anticipated within this project support its goals and policies. The proposed use on the larger scale is in consonance with the spirit and intent of the plan, providing needed supportive retail uses to tourists and residents of the area. Thus, the proposed project should not be a significant impact to the surrounding neighborhood. C. That the said 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 zones in which the proposed use is to be located. The proposed Preliminary Planned Development District application for a commercial center will provide commercial/retail and general services to both the neighboring residents and visitors to the community which are objectives of the General Plan as well as the zones in which the site is located (i.e. the site is designated Resort Commercial, High Density Residential and Neighborhood Convenience Center pursuant to the General Plan and zoned C- 1 AA and R-4-VP with a Resort Overlay zone). The commercial center proposal will provide resident and tourist conveniences such that the location is within the City's Tourist Corridor along Tahquitz Canyon Way, yet is also in proximity to a number of low and medium density residential areas. The subject project incorporates upgraded architectural styles and landscaping in order to blend in aesthetically with both the resort commercial areas and the residential areas. Additionally, driveways have been located on all street frontages in a manner that will provide safety and aesthetic benefits and is consistent with policies of the General Plan. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is designated C-1-AA (Large Scale Retail/Commercial Zone) and R-4-P (Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial/Retail Zone)pursuant to the Zoning Map and "RC" (Resort Commercial) and "H 43/30" (High Density Residential pursuant to the General Plan Land Use Map. The project will be compatible with the General Plan and with existing previously approved land uses of vacant land to the north (across Tahquitz Canyon Way), and has been designed to be sensitive to and not conflict with the design of the existing commercial center to the east (across Sunrise Way), the existing assisted living facility across Arenas Road to the south and with future development of the vacant land adjacent to the west. e. The site is physically suitable for the type of development contemplated by the planned development. The project has been designed to comply with all performance and development standards of the "C-l-AA" and R-4-VP Zones of the Zoning Ordinance. The site is essentially flat in topography and is void of any significant vegetation or structures, and can be directly accessed by Sunrise Way, Tahquitz Canyon Way (right turns in and out) and Arenas Road. Thus, the site is physically suitable for the type of development contemplated by the proposed subdivision. a f. The site is physically suitable for the proposed density of development contemplated by the proposed planned development. 0 The project site is separated from existing land uses to the north, east, and south by streets. Nevertheless, the proposed planned development will be consistent with existing land uses and designations to the north, west, and east, and will be compatible with existing land uses to the south. The site is essentially flat in topography and is void of any significant vegetation or structures, and will be accessed by via Sunrise Way, Tahquitz Canyon Way, and Arenas Road. Thus, the project should be compatible with surrounding neighborhood. g. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed Planned Development is bordered on three sides by roadways, two of which are major thoroughfares and one of which is a collector roadway. A traffic report was conducted which concluded that the existing levels of service for the Tahquitz Canyon Way/Sunrise Way and Sunrise WayBaristo Road intersections, which currently operate under acceptable levels of service, were forecast to change with the addition of project related trips. However, based on the Traffic Study prepared for the project, which included mitigation measures for traffic and circulation associated with the project such as, the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits of both phases of the project, the contribution to intersection improvements at Tahquitz Canyon Way and Sunrise Way, including any additional street dedication and street modifications for the future installation of dual left turn lanes, and modifying the traffic signal overlap phase at said intersection at Tahquitz Canyon Way and Sunrise Way all incorporated into the recommended Conditions of Approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for traffic signal modifications, provisions for delivery truck access, curbs, gutters and sidewalks. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the oil site improvements as related to the Planned Development District. The conditions requiring off -site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. Patrons and employees will utilize the three surrounding streets to access the site. Conditions of approval require the dedication of right-of-way along Sunrise Way, the installation of a street light, the installation of other improvements such as curbs, gutters and sidewalks. All of the required off -site improvements will provide direct and immediate safety benefits to the patrons and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights -of -way immediately adjacent to the site, which must be utilized by those accessing the subject site. These improvements and/or mitigation include the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits of both phases of the project, the contribution to intersection improvements at Tahquitz Canyon Way and Sunrise Way, including any additional street dedication and street modifications for the future installation of dual left turn lanes, and modifying the traffic signal overlap phase at said intersection at Tahquitz Canyon Way and Sunrise Way. Without the proposed project, which will provide for 26,512 square feet of commercial uses, generating traffic and site users, these improvements would not be warranted since the site is currently vacant and not currently impacting any City rights -of -way. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval of Case No. 5.0816 (Planned Development District No. 256) subject to those conditions set forth in the in Exhibit A on file in the Department of Planning & Building, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 22'' day of December , 1999. AYES: Fontana, Matthews, Caffery, Klatchko, Jurasky NOES: Mills, Raya ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA , Planning Commission Chairman, Planning Commission ti' �fi,Yt i0 N�-AhNllo LV+fF+f:- posA6 �.Initiel�.�-� APRROVO BY CITY CWKIL RESOLUTION NO.4676 e # pWW�_ EXHIBIT A +— 6 PR01tAL StMT 70 ALL RMUIRV PLANNED DEVELOPMENT DISTRICT 5.0816-PD- PMiF SWC OF SUNRISE WAY AND TAHQUITZ CANYON WAY DECEMBER 22,1999 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, 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. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and SecondaryThoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. TAHOMM CANYON WAY EAST 3. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have a minimum width of 24 feet. Provide proper signage for right turn only at driveway exit. 4. Construct a minimum 8-foot wide meandering sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, with colored Portland Cement Concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. Any portions of the sidewalk outside of the public right-of-way shall have an easement granted to the City, to the satisfaction of the City Engineer. All broken or offgrade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. SUNRISE WAY SOUTH 6. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 50 feet along the entire frontage, together with a property line - corner cut -back at the NORTHEAST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 7. Construct a 160-foot long by 12-foot wide bus turn out on the SUNRISE WAY SOUTH frontage. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. Contact SunLine Transit for details regarding bus stop furniture/shelter requirements. The additional right-of-way necessary for the installation of the required bus bay turnout shall be dedicated to the City in conjunction with Phase One, to the satisfaction of the City Engineer. 8. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub -leases for parking and ingress/egress and provide a copy of same to the City Engineer prior to issuance of building permit. 9. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a minimum width of 24 feet. The driveway approach shall be aligned with the driveway approach on the east side of Sunrise Way. 10. Construct a minimum 8-foot wide meandering sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, with colored Portland Cement Concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. Any portions of the sidewalk outside of the public right-of-way shall have an easement granted to the City, to the satisfaction of the City Engineer. 11. All broken or offgrade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. 12. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter at median island to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 12A. The developer shall pay his proportionate share of the construction of a 14-foot wide landscaped, raised median island as specified by the City Engineer from Tahquitz Canyon Way to Arenas Road. Provide a left turn pocket on the south side of the Sunrise Way South at Tahquitz Canyon Way intersection. Provide a left turn pocket on the north side of the Sunrise Way South and Arenas Road intersection. Provide left turn pockets on both sides of the project driveway, which lines up with the project driveway for the commercial/retail center to the east. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begin. The length of the turn pockets shall be determined per Caltrans Highway Design Manual Sec. 405 and be approved by the City Engineer. ARENAS ROAD 13. The Engineering Division recommends deferral of off -site improvement ITEMS 13a,14,15,16, 17 and 18 at this time provided that the south half of the proposed project (Phase 2 as shown on the revised site plan dated Nov, 19,1999) is not constructed at this time and the driveway is not extended south to Arenas Road. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the requires of the City of Palm Springs Director, Department of Transportation at such time as deemed necessary. The covenant shall be submitted with the Grading Plan. The Grading Permit will not be issued until the completion of the covenant. At such time that the south half of the project (Phase 2 as shown on the revised site plan dated Nov. 19, 1999) is submitted for approval OR the driveway is extended south to Arenas Road, the developer shall construct the above deferred items in addition to any requirements then applicable. 13a. Half -street right-of-way is required to an ultimate width of 40 feet and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. 14. Construct a 6 inch curb and gutter, 32 feet NORTH of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHEAST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 0 15. The driveway approach shall be constructed approximately 175 feet west of the end of curb return at Sunrise Way South and Arenas Road in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 16. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 17. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 18. Construct pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 19. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 20. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 21. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Division for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building penruts. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 22. Drainage swales shall be provided adjacent to all curbs and sidewalks - Y wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 23. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 24. The area in which this project is situated is indicative of desert soil conditions found in many areas of Palm Springs. The Engineering Division does not require a soils report. The does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 25. Contact Building Department to get PM 10 requirements prior to request for grading permit. DRAINAGE 26. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On -site retention/detention or other measures approved by the City Engineer shall be required if off -site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 27. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON -SITE 28. The minimum pavement section for all on -site parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 29. The on -site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. EO GENERAL 30. Any utility cuts in the existing off -site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 31. All existing and proposed utility lines that are under 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 32. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 33. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as -built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 34. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 35. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 36. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 37. In accordance with Planning Commission Resolution No. 1503, dated November 18,1970, the developer is required to plant palm trees in 4-foot by 4-foot square planter areas (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Tahquitz Canyon Way. TRAFFIC 38. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the TAHQUITZ CANYON WAY EAST, f SUNRISE WAY SOUTH and ARENAS ROAD EAST frontages of the subject property. �„J 39. The developer shall be responsible for the relocation and modification of the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the SOUTHWEST corner of TAHQUITZ CANYON WAY EAST, SUNRISE WAY SOUTH in accordance with the requirements of the City of Palm Springs. 40. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: SE Cor. Tahquitz Canyon Way East @ Driveway SW Car. Sunrise Way South @ Driveway NW Cor. Arenas Road East @ Driveway 41. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 42. This property is subject to the Transportation Uniform Mitigation Fee based on the RETAILISERVICE ITE Code A land use and.shall be paid upon issuance of building permits for both phases of the proposed project. 43. The following Engineering Conditions are required per the Traffic Study for the project: - The developer shall pay his fair share contribution of $1,174.21 to the City Engineer for the upgrade of the Tahquitz Canyon Way East @ Sunrise Way South intersection (right turn overlap phase for westbound traffic on Tahquitz Canyon Way East prior to issuance of building permits. ($25,000 x .047 = $1,175.00) - The developer shall pay his fair share contribution of $3,525.00 to the City Engineer for the additional northbound and southbound left turn lanes and northbound and southbound thru lanes on Sunrise Way from Tahquitz Canyon Way East to the south approximately 300 feet. 19 WA91 l la". 44. 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. 45. 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 5.0816-PD-256. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 46. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 47. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 48. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 49. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior Iighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 50. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 51. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 52. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 53. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 54. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 55. 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 per City of Palm Springs Engineering specifications. 56. In accordance with Planning Commission Resolution No. 1503, dated November 18,1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Tahquitz Canyon Way 57. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $ 2,000.00 for the review of the CC&R's by the City Attorney. 58. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 59. All materials on the flat portions of the roof shall be earth tone in color. 60. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 61. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 62. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 63. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 64. The street address numbering/lettering shall not exceed eight inches in height. 65. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building pen -nits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. 66. Illumination levels in the parking area shall be an average of one -foot candle with a ratio of average light to minimum light of four to one (4:1). 67. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 68. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 69. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in - lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 70. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 71. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. Sunrise Way - 25 feet from ultimate right-of-way line. Arenas Road -10 feet from ultimate right -of way line. West property line -10 feet. 82b. Minimum building setbacks for the project are established as follows (as measured from property line): Tahquitz Canyon Way - 35 feet. Sunrise Way - 35 feet. Arenas Road - 25 feet. West property line - 20 feet. 83. Landscaping shall be installed along all street frontages in conjunction with Phase One development. At a minimum, landscaping shall be installed along all street frontages at a depth in accordance with the minimum landscape setback requirements listed in condition no. 82 above. 84. Should a parcel map for the subdivision of the approved pad sites be proposed in the future, the C,C & R's for the project shall be modified to include provisions for reciprocal access and parking to the satisfaction of the City Attorney and the Director of Planning and Building and shall be entered into by all applicable property owners prior to the approval of a Final map. 85. The developer shall incorporate design elements recommended pursuant to the Draft Section 14 Master Development Plan/Specific Plan into the final development plans for the project, as follows: Pedestrian amenities with uniform street furniture along the Tahquitz Canyon Way frontage; — Tall native palm species along the Talhquitz Canyon Way and Sunrise Way frontages; Shade trees in a formal pattern along Tahquitz Canyon Way; — Curvilinear concrete sidewalk with color agents along the street frontage of Tabquitz Canyon Way and Sunrise Way; — A Type 2 Gateway into Section 14 at the Tahquitz Canyon Way/Sunrise Way intersection, which includes textured paving, gateway signage the ability to incorporate an Indian Culture Art walk along the Tahquitz Canyon Way frontage; and — Native Washingtonia Filifera palms and a combination of screen walls and evergreen shrub massing behind the property line along the Sunrise Way frontage. 86. Design guidelines for the future development of the building pads on the master planned portion of the site shall be provided to assure that an integrated architectural scheme will be provided in the future. The design guidelines shall include provisions including, but not limited to, exterior building materials and forms, street furniture, trellises and special paving, and shall be reviewed in conjunction with the Final Development Plans for Phase One of the project. 87. All parking areas and drive -through lanes shall be adequately screened pursuant to Section 9306.00 of the Zoning Ordinance. As such, four foot high walls and/or berms are required. Should berming be used adjacent to retention basins for on -site drainage, the berming shall fit aesthetically and shall not include extreme slopes for either the berms or the retention basins. If walls are utilized, the design, height, texture and color of the walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 88. The design of the on -site retention basins shall be as unobtrusive as possible and shall incorporate more of a natural, free -flowing shape. Retention basins shall not be permitted along Tahquitz Canyon Way or Sunrise Way. Retention basins, landscape berming and masonry screening walls (if proposed) shall be shown on the grading plan in order to ensure all proposed elements fit aesthetically in the proposed locations and that the appropriate spacial relationships are maintained. The shape of the retention basins shall be reviewed and approved by the Planning Commission as part of the final Planned Development plans. 89. The screen wall north of the loading/delivery area should be extended westward to full screen all loading activities from the vehicular entrance on Tahquitz Canyon Way, to the satisfaction of the Director of Planning and Building. 90. A heavy landscape screen should be provided along the west property line, to screen parking and loading activities along the west side of the building, to the satisfaction of the Director of Planning and Building. 91. Additional vertical landscaping and shrub massing should be provided against the building, to the satisfaction of the Director of Planning and Building. 92. As the site contemplates a phased, mixed use development, no more than 25% of the total square footage of the project site shall include restaurant uses. Should more than 25% of the building square footage be proposed for restaurant use, a modification to this application will be required to be reviewed and approved by the Planning Commission. 93. Future building pads shall be treated with a dust inhibiting agent, hydroseeded and have an automatic irrigation system installed in conjunction with the development of Phase I, to the satisfaction of the Director of Planning and Building. 94. Each individual phase of development will be required to be processed as an Architectural Approval application or Conditional Use Permit, as deemed applicable by the Director of Planning and Building. 95. The project shall be designed and operated as to comply with Section 9213.04 and 9206.04 of the Zoning Ordinance, which relates to Performance Standards for the C-1-AA and R- 4-VP Zones, respectively. 96. A bus shelter shall be constructed along the Sunrise Way frontage in conjunction with the bus bay turnout on Sunrise Way. The design of the bus shelter shall be integrated architecturally with the architecture of the building, to the satisfaction of the Director of Planning and Building. Contact SunLine Transit for details regarding bus stop furniturelshelter requirements. 97. The mass and scale of the main building entry element shall be reduced to a more pedestrian scale and in closer context with the mass and scale of the majority of the building. Revised building elevations indicating the proposed modifications to the entry element shall be reviewed in conjunction with the Final Development Plans by the Planning Commission, prior to the issuance of any grading or building permits for Phase One of the project. 98. The vehicular access entrance on Tahquitz Canyon Way shall be moved easterly as to more effectively screen the loading( unloading area from public view. A revised site plan indicating this requirement shall be reviewed in conjunction with the Final Development Plans by the Planning Commission, prior to the issuance of any grading or building permits for Phase One of the project. 99. The Phase One entry off Sunrise Way shall include upgraded landscaping, trellises or other amenities to create a visual termination for vehicles entering the site. A revised site plan indicating this requirement shall be reviewed in conjunction with the Final Development Plans by the Planning Commission, prior to the issuance of any grading or building permits for Phase One of the project. 100. Monument signs shall be on the right side of the outbound driveways - this also applies to the drive-thru exit - for sight distance allowances. 101. The Section 14 Entry Statement (sculpture and special sidewalk paving) shall be moved a minimum of 5 feet to the west to allow for street widening on Sunrise Way South. 102. Future vehicular access to the vacant property to the west shall be provided from the project site, to the satisfaction of the Director of Planning and Building and the City Engineer. POLICE DEPARTMENT: 103. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 104 The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 105 Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT: 106 Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1993 National Electrical Code, City of Palm Springs Ordinance 1523, Desert Water Agency requirements, NFPA Standards 13, 24, 26, 71, 72, 72E, and 72G. 107 Exterior doors and openings shall be in accordance with the 1998 Fire Code, and 1998 Building Code, Chapters 10 and 35. Contact building official. 108 Fire department access roads shall be provided in accordance with the 1998 California Fire Code and 1998 California Building Code, Article 9, Sec. 902. Contact building official. 109 Marking of Fire Apparatus Roads, Addresses and Fire -Protection Equipment shall be in accordance with the 1998 California Fire Code, Article 9, Sec. 901.4. 110 Fire Department Access Roads shall be all weather driving and support a minimum weight of 46,700 lbs. per local ordinance. Ill Construction site fencing required per City of Palm Springs Ordinance 1523. Fire department access gates are required to be at least 14' in width and equipped with a KNOX lock. Contact the Fire Department for KNOX application forms. 112 A construction site guard is required for combustible construction. The guard shall remain intact until buildings are stuccoed or covered and secured with locable doors and windows. The guard must be on duty at the construction site during all normal non -working hours or as the Fire Marshall deems necessary. k 113 Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article �J 9, Sec. 903, and Desert Water Agency specifications. 0 114 An automatic fire extinguishing system equipped with 24 hour monitoring required in accordnace with 1998 California Fire Code Article 10, Sec. 1003, 1998 California Building Code, Chapters 3,4, 5, 9, 10, and Palm Springs ordinance 1523. 115 Standpipes shall be installed in accordance with 1998 Uniform Fire Code, Article 10, Sec. 1004 and 1998 California Building Code Chapter 9 and Standard 9-2. 116 Fire alarm systems required. Installation shall be in accordance wtih the 1998 California Fire Code, Article 10, Sec. 1007 and NFPA 71 & 72. 117 Exits, emergency escapes, exit illumination and signage shall be in accordnace with 1998 California Building Code. Contact building official. 118 Exit gates, barriers, stairways and ramps shall be in accordance with 1998 California Building Code. Contact building official. 119 Occupancy classifications shall be in accordance with 1998 California Building Code, Chapter 3. Contact building official for determination. M N