HomeMy WebLinkAboutPC Resolution _6229- Case 5.0856 CUPRESOLUTION NO.6229
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF A ONE-YEAR TIME EXTENSION FROM
AUGUST 13, 2011 TO AUGUST 12, 2012 FOR CASE NO.
5.0856 — CUP PALM SPRINGS FREEWAY
DEVELOPMENT LLC, A PROPOSAL TO DEVELOP A 65-
UNIT HOTEL, A FREEWAY SIGN AND TWO DRIVE-THRU
RESTAURANTS LOCATED AT 610 GARNET AVENUE,
ZONED M-1-P SECTION 15, APN 666-330-043
WHEREAS, Palm Springs Freeway Development, LLC ("Applicant") has filed an
application with the City pursuant to Section 94.02.00(F) of the Zoning Ordinance for an
extension of time for Case No. 5.0856 Conditional Use Permit.
WHEREAS, on November 10, 2010 the Planning Commission approved a one year
time extension from August 13, 2010 to August 12, 2011; and
WHEREAS, on September 28, 2011 a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and the Mitigated Negative Declaration
for this Case No. 5.0856 was previously adopted by the Planning Commission on
August 1, 2001. It has been determined that the development of the new interchange at
Interstate 10 and Indian Canyon Drive has warranted the need to conduct a revised
traffic analysis to meet the requirements of CEQA. The analysis concluded that the
new traffic patterns will not cause traffic impacts beyond those already assessed in the
adopted Mitigated Negative Declaration.
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, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the requirements of Section 94.02.00(F), the Planning
Commission finds:
The previously approved Mitigated Negative Declaration is the
controlling environmental documentation for this request.
2. The applicant has requested an extension of time in accordance with
the requirements of the City Municipal and Zoning Codes.
3. A demonstration of good cause has been made and that the
Conditions of Approval ensure that the developer will pursue the
project in good faith.
Planning Commission Resolution No. 6229
Case 5.0856 — CUP
September 28, 2011
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves a one-year time extension from August 13, 2011 to
August 12, 2012, for Case No. 5.0856 — CUP.
ADOPTED this 28th day of September 2011.
AYES: 5, Roberts, Munger, Conrad, Vice Chair Hudson and Chair Donenfeld
NOES: None
ABSENT: 1, Klatchko
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
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181
RESOLUTION NO.6229
EXHIBIT A
CASE 5.0856-CUP
PALM SPRINGS FREEWAY DEVELOPMENT, LLC
610 W. GARNET AVENUE
REVISED CONDITIONS OF APPROVAL
August 13, 2011
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.
PLANNING DEPARTMENT:
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of Palm
Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.0856-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 further indemnification hereunder, except, the City's decision to settle
or abandon a matter following an adverse judgment orfailure to appeal, shall
not cause a waiver of the indemnification rights herein.
3. 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.
4. 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 will be included in the plans prior
to Planning Commission consideration of the environmental assessment.
5. This Conditional Use Permit approval shall be valid for a period of two (2)
years. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
6. The appeal period for a Conditional Use Permit application is 15 calendar
days from the date of project approval. Permits will not be issued until the
appeal period has concluded.
7. The applicant shall provide all tenants with Conditions of Approval of this
project.
Site Plans:
8. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. The
landscape plans shall demonstrate 50% parking lot shading.
Grading:
9. 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 requirements.
10. 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.
11. 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.
Landscape:
12. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application fdr 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.
13. 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.
Architectural:
14. 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.
15. All materials on the flat portions of the roof shall be earth tone in color.
16. 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. 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. Screening shall be at least 6" above the equipment.
17. 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.
18. 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.
19. The street address numbering/lettering shall not exceed eight inches in
height.
20. 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 and Zoning prior to issuance of building permits. A photometric
study and manufacturer's cut sheets of all exterior light fixtures shall be
submitted with the lighting plan.
21. Parking lot light fixtures shall align with stall striping and shall be located two
to two feet from curb face. The locations of all fixtures shall be indicated on
the site plan.
22. Plans meeting City standards for approval on the proposed trash and
recyclable materials enclosure shall be submitted prior to issuance of a
building permit.
23. Details of pool fencing (materials and color) and equipment area shall be
submitted with final landscape plan.
24. No outside storage of any kind shall be permitted except as approved as a
part of the proposed plan.
25. 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 of the property. Said transformer(s)
must be adequately and decoratively screened.
Parking:
26. Islands of not less than 9 feet in width with a minimum of 6 feet of planter
shall be provided every 10 parking spaces.
27. Parking lot shading requirements for parking lot areas as set forth in Section
9306.00 of the Zoning Ordinance shall be met. Details are to be provided
with final landscape plans.
28. Parking stalls shall be delineated with 4 to 6 inch double stripe -hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a
continuous 6" barrier curb shall be provide wheel stops.
29. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to eleven
(11) feet wide.
30. Tree wells shall be provided within the parking lot and shall have a planting
area of six feet in diameter/width.
31. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall
be given to potential difficulties with the handicapped accessibility to the
building due to the future grading plans for the property.
32. Final landscape plans shall include 4'-0" walls, berms and/or screening of
parking lot and drive through stacking areas.
Fees:
33. The project site is located with the Fringe Toed Lizard Habitat Conservation
Area. The developer shall pay a mitigation fee of $600 per acre, prior to
issuance of building permits. 0
Mitigation Measures:
34. One (1) street light shall be installed at the project driveway on Garnet
Avenue
35. The existing traffic striping (double yellow centerline) shall be extended along
the project frontage.
36. Sidewalks shall be installed along the project frontage.
37. The curb shall be painted red along the project frontage.
38. Existing traffic signals at Indian Canyon Drive and Garnet Avenue and at
Indian Canyon Drive and Eastbound 1-10 ramps shall be re -timed as deemed
necessary by the City Engineer.
ENGINEERING DEPARTMENT:
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
1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
•- - - -
R.
I
NOW- - - - - -
GARNET AVENUE
2. 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 approximately 120 feet west of the southeast corner of the
site.
3. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the driveway approach in accordance with City of
Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to
meet ADA guidelines, subject to the approval of the City Engineer and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements
shall be provided on -site to construct a path of travel meeting ADA
guidelines.
5. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
6. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards
is approved by the City Engineer.
7. The minimum pavement section for all on -site pavement shall be 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.
SANITARY SEWER
8. Construct a private sanitary sewer system in accordance with City of Palm
Springs Ordinance No. 1084.fe
9. All on -site sewer systems shall be privately maintained.
10.
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pmpeFty, this ebligat'GA shall be null and . This project is subject to the
requirements of the Mission Springs Water District (M_S_W_D)_, Provisions for
domestic water supply and public sanitary sewer service must be arranged
for directly with MSWD. The applicant should contact MSWD and determine
what Lequirements MSWD may have for provisions of domestic water and/or
sanitary sewer service to the grogedy.
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11A. The City recommends that the applicant contact the Riverside County Health
Department and the Colorado River Basin Regional Water Quality Control
Board (RWQCB) for requirements related to the construction of private septic
systems for non-residential uses. Private septic systems may now require
additional environmental requirements and/or permits from Riverside County
and the RWQCB.
GRADING
12. Submit a Precise Grading and Paving Plan prepared by a California
registered Civil Engineer to the Engineering Division for review and approval.
The Precise Grading and Paving Plan shall be approved by the City Engineer
prior to issuance of grading permit.
12A. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that has completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Precise Grading and Paving
Plan.
12B. The first submittal of the Precise Grading and Paving Plan shall include the
following information: a copy of final approved conformed copy of Conditions
of Approval; a copy of a final approved conformed copy of the site plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
12C. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
12D. 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.
12E. 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.
12F. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
The applicant shall contact the Tribal Historic Preservation Officer, or the
Tribal Archaeologist, at (760) 699-6800 to determine their requirements, if
any, associated with grading or other construction. The applicant is advised
to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other construction,
and to arrange payment of any required fees associated with Tribal
monitoring.
13. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
14. Notice of Intent to comply with Statewide California General Construction
Stormwater Permit (Water Quality Order 99 98 DWQ as modified 9eseFAb8F 2,
2002 2009-0009-DWQ as modified September 2. 2009) is required for the
proposed development via the California Regional Water Quality Control Board
(Phone No. (760) 346-7491). A copy of the executed letter issuing a Waste
Discharge Identification (WDID) number shall be provided to the City Engineer
prior to issuance of a grading permit.
14A. Projects causing soil disturbance of one acre or more, must comply with
either the General Permit for Stormwater Discharges Associated with
Construction Activity or the General Permit for Stormwater Discharges
Associated with Construction Activity from Small Linear
Underground/Overhead Projects, and shall prepare and implement a
stormwater pollution prevention plan (SWPPP). Where applicable, the
project applicant shall cause the approved final project -specific WQMP to be
incorporated by reference or attached to the project's SWPPP as the Post -
Construction Management Plan. A copy of the up-to-date SWPPP shall be
kept at the project site and be available for review upon request.
15. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h)
9.60.026 , the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre for mitigation measures for
erosion/blowsand relating to this property and development.
16. A 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 soils report shall be submitted
to the Engineering Division with the first submittal of a grading plan.
16A. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
16B. The applicant shall provide pad or finish floor elevation certifications for all
building pads in conformance with the approved grading plan, to the
Engineering Division prior to construction of any building foundation.
17. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and involving
the export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an
approved "Notification of Intent To Move Soil From or Within Quarantined
Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1)
prior to approval of the Precise Grading Plan. The California Department of
Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm
Desert (Phone: 760-776-8208).
DRAINAGE
18. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City Engineer.
For all stormwater runoff falling on the site, on -site retention or other facilities
approved by the City Engineer shall be required to contain the increased
stormwater runoff generated by the development of the property. The
Hydrology and Hydraulic Calculations for the development (prepared by IW
Consulting Engineers, Inc., dated May 15, 2006) shall be finalized 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 final hydrology report by the City Engineer and may require
redesign or changes to site configuration or layout consistent with the
findings of the final hydrology report. 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.
19. Direct release of on -site nuisance water or stormwater runoff shall not be
permitted to W. Garnet Avenue or the California Department of
Transportation right-of-way. Provisions for the interception of nuisance water
from entering adjacent public streets from the project site shall be provided
through the use of a minor storm drain system that collects and conveys
nuisance water to landscape or parkway areas, and in only a stormwater
runoff condition, pass runoff directly to the streets through parkway or under
sidewalk drains.
20. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre -treating stormwater
runoff, will be required by regulations imposed by the RWQCB. It shall be
the applicant's responsibility to design and install appropriate BMP's, in
accordance with the NPDES Permit, that effectively intercept and pretreat
stormwater runoff from the project site, priorto 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.
GENERAL
21. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No.115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site
streets as required by and at the discretion of the City Engineer, including
additional pavement repairs to pavement repairs made by utility companies
for utilities installed for the benefit of the proposed development (i.e. Desert
Water Agency, Southern California Edison, Southern California Gas
Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and
other street cuts within existing asphalt concrete pavement of off -site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off -site streets, at the discretion of
the City Engineer. The pavement condition of the existing off -site streets
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
22. All proposed utility lines shall be installed underground.
23. 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 south property line along the Garnet
Avenue frontage, 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 Division 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, a copy of the utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in
the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy.
24. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
25. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of
a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of
the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
26. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance
of a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
27. 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. (D
28. 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 Standard Drawing No. 904.
28A. 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.
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29. In accordance with Government Code 66426 (c), an application for a
Tentative Parcel Map shall be submitted to the Planning Department if the
subject property is proposed to be subdivided for purposes of sale, lease, or
financing of commercial parcels within the proposed development.
30. The existing parcels identified by Assessor's Parcel Numbers (APN 666-430-
013, 666-430-014, 666-430-018, and 666-430-018 666 330 043,
) shall be merged; or the applicant shall
otherwise demonstrate to the satisfaction of the City Engineer that the
underlying parcel identified as Parcel 4 of Parcel Map 21921 has not been
subdivided. An application for a parcel merger shall be submitted to the
Engineering Division for review and approval. A copy of a current title report
and copies of record documents shall be submitted with the application for
the parcel merger. The application shall be submitted to the City Engineer for
review and approval prior to issuance of building permit, and shall be
recorded prior to issuance of a building permit.
TRAFFIC
32. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the site access on Garnet Avenue in accordance with City of
Palm Springs Standard Drawing Nos. 620-625.
33. If required by the City Engineer, the The applicant shall provide revised traffic
signal timing plans for the intersection of Indian Avenue and Garnet Avenue
to address increased traffic on Garnet Avenue generated by the project, for
review and approval by the City Engineer. Revised traffic signal timing plans
shall be provided for the Indian Avenue and Interstate 10 eastbound on -ramp
and eastbound off -ramp, for review and approval by the California
Department of Transportation (Caltrans). The revised signal timing plans
shall be submitted to and approved by the City Engineer and Caltrans prior
to issuance of a certificate of occupancy.
33A Any additional mitigation measures as determined by the approved version of
the amended traffic analysis for the newly constructed on and off -ramps for
Garnet Avenue from Interstate Highway 10, as well as the intersection of N.
Indian Canyon Drive and Garnet Avenue, submitted by George Dunn (dated
September. 2011). will be required to be incorporated into the project.
34. The applicant shall provide and install a 9,500 04, = lumen high pressure
sodium vapor safety street light with glare shield on a marbelite pole on the
northwest corner of the site access and Garnet Avenue with the mast arm
over Garnet Avenue. The developer shall coordinate with Southern California
Edison for required permits and work orders necessary to provide electrical
service to the street light.
35. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
36. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks or pedestrian paths of
travel 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 Garnet Avenue frontage
of the subject property.
37. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and
barricading shall be in accordance with Part 6 "Temporary Traffic Control' of
the California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated September 26, 2006, or subsequent editions in force at the
time of construction.
38. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
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