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HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (26) DATE: September 15, 1999 TO: City Council FROM: Director of Planning&Building CASE NO. 5.0522-A-PD 205 - APPLICATION BY LEADS, INC. FOR A ONE (1) YEAR TIME EXTENSION FOR AN APPROVED REVISED PRELIMINARY PLANNED DEVELOPMENT DISTRICT LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, C-1-AA, R-4-VP AND RESORT OVERLAY ZONES, SECTION 14. RECOMMENDATION: That the City Council approve the second 12-month time extension(from September 4, 1999 to September 4, 2000) for an approved revised planned development district (PD 205), subject to conditions contained in the attached Resolution of Approval. BACKGROUND: The applicant, Mr. Daryl Christian of the Watson Group, Inc. on behalf of the owner, American Stores Properties, Inc., has filed the second possible 12 month time extension for an approved preliminary planned development located on a 3.8 acre site at the northwest corner of Tahquitz Canyon Way and Sunrise Way. The extension was filed with the City pursuant to the requirements of the Zoning Ordinance.The Planning Commission originally reviewed and recommended approval of the revised PD on July 24, 1996 and the City Council approved the revised PD application at its meeting on September 4, 1996. Approval of the revised PD included Phase One development of a 16,853 square foot Sav- On Drug Store with drive-through pharmacy and future development of a 3,500 square foot drive-through, fast-food restaurant pad and a 5,000 square foot general retail building pad. In conjunction with the revised PD,the City Council also approved an Ordinance to change the zoning on the site from C-1-AA and R-4-VP to PD 205 and a Resolution of Public Convenience and Necessity for alcohol sales at the subject site. The property is currently zoned C-1-AA and R-4-VP and within the City's Resort Overlay Zone. The site is also within the Section 14 Specific Plan area, which designates the site as Resort Attraction. The City of Palm Springs General Plan land use designation for the site is Resort Commercial and High Density Residential with a Neighborhood Convenience Center (NCC) overlay designation. Section 9403.00. H. of the Zoning Ordinance specifies that within two years after the date of City Council approval of a preliminary planned development, that plans for a final development plan shall be approved by City Council. As of the writing of this report, final development plans have not been submitted to staff. The applicant has stated that the purpose of the time extension request is to allow for the developer, American Stores, Inc., additional time to determine whether it will be financially feasible to pursue development of the Sav-On store at this location. The applicant has recently shownhuerest in development in other areas of the City,but keeping this application active would maximize the company's future development options. Final development plans including,but not limited to,site plans,building elevations,floor plans, grading plans, landscape and irrigation plans, exterior lighting plans and a sign program will require review of the Planning Commission once they have been submitted to staff. (9 Sao a3O, Z On September 2, 1998, the City Council unanimously approved the first one-year time extension request for the project based on the same justification from the developer as stated above. There have been no significant or applicable modifications to the Zoning Ordinance or General Plan that would cause the PD plans approved by the City Council on September 4, 1996 to not be in compliance with all applicable development criteria and policies. On August 25, 1999, the Planning Commission unanimously voted to approve the second one-year time extension request with conditions. DOUGLAS . EVANS, Director, Planning an&Suilding .7 City Manager ATTACHMENTS: I. Vicinity Map 2. City Council Minutes dated September 2, 1998 and September 4, 1996 3. Letter from Applicant dated August 10, 1999 4. Draft Planning Commission Minutes dated September 8, 1999 5. Resolution/Conditions VORMIAPP ActbI RQV _ 3ROM NTS. /TO,/MT IZC 17ON c =W-7r— rVom MID _ 1POM, I 13 PROJE`GT I SIf� I � I ul LIWOUlfZ CAWON�WitY CITY OF PALM SPRINGS CASE NO. :5o3= , vp zm DESCRIPTION 9rAl=PRrLV#WWPGWNCD QLVCWMfflA=APPLICANT C+13TAl000I9PANrJ'OiC WirfW ?Zff ADRkr rf9ULA5„ , H�A�CiVG•T1MOYkYrPr1ARHAU'LOrwVrDAtTI1GN0lPltf• A7CRC.W3TOCtlr1POl ./uG WLSfCCMff0FTAQ=C 014WAf-k.W CWA: C-+A.C-+W d CC-WgrCV C N ZON&D MCMW M Wolot 3 U164 Council Minutes a� 9-2-98, Page 12 ot 28. Res 19356, 19357, 19358, 19359, 19360 and 19361 approving Payroll W and (086- Claims & Demands. ) N abstentions, if any: C ilmember Warrant# Payee Particular of Conflict Hodges 934074 Builders Supply Client of Employer 934526 same — 934935 same 934172 Chris Foster 934604 same 934175 G&M Co 934606 same 934183 Gran* onstr 934615 a 5024 s 06 roferred Plmb 934 same 93514 same 93 E.L. Yeager 93 same 93 ame 308 4572 D 934573 same 934989 same 934973 Desert and Reller-Spurgin 934350 Dennis Sp Spouse 934778 same It was m y Oden, seconded by Hodges, and unanimously led, that R19352 through 1 1 and MO6221 through 6226 be adopted, with abate .ons as noted. 29. Res 19362 approving fast 12-month time extension for an appro ed revised planned development district on 3.8 acres on the NW corner of Tahquitz Canyon and (116- Sunrise Way, to expire September 4, 1999 - American Stores Properties, Inc., 072) Section 14, PD205, was moved by Hodges, seconded by Barnes, and carried by the following vote: AYES: Hodges, Barnes, Oden and Kleindienst NO: Reller-Spurgin ABSENT: None Councilmember Reller-Spurgin stated that she originally opposed this project, due to extensive vacancies in the shopping area across the street, and nothing has changed. ADDED STARTERS: N REPORTS & REQUESTS: 30. DEPARTMENTAL RE -Receive& iled a) T is Investment Reports, June and July, 1 (121- 002) • 4164 Cana Agenda 94-96,Page 2 C.U.P.5.0708(Cout'd) Director of Planning & Building reviewed the staff report and the applicant a bondauance of the matter; did the applicant has met requirements of the Commission; that the building was previously operated a bar, but without a Use Permit;that the area h zoned C-1,retail busin at the General Plan does alloIF range for this type of activity;that the tclub Is 2,000 square fee; that these an apartment located on the axond floor, a existing number of spaces for parking is ; and in answer to gaestions by , stated that the previous rem[ did have a liosaw; that the paildog lot is located on the north side of the (078- building with on the south aide; that a south side is narrow and will not 058) acoommodete two es at one time;that application is for a nightclub, with no rest; and that tit oats of operation from 2 p.m. to 2 am. Mayor declared the hearing Peter Behman, Las Palmas Beni t wiles, appellant, stated that notice of the Planning Commission hearing was not ndl after the hearing had occurred;that when the bar was open,these were numbeo doomed of drunken behavior,that such behavior scares the of the retirement A ; that vehi speed in the parking lot; that the bar is not a compatibb use with a or rest home, a was submitting a letter from the Alcohol Beverage Control ng a hearing the suspension of the liquor license; that North Palm Canyon es am improving;that is We of facility will hurt the prospects for operating a "Ity;that if the request for a restaurant,the scensi io would be different, requested the Council to ovemde tie ning Commission and deny the permit. Cliff , requested that the hearing be continued to permh a applicant to attend the meetin address the issues being raised. being no further appearances, Mayor declared the hearing clo City Attorney clarified that anyone can request a conthmance of an Item. It was moved by Barnes, seconded by Spurgin, and unanimously carried that the be continued to September 18, 1996. 3. PD 205-AMERICAN STORES, PROPERTIES, INC. Recommendation: That the Council consider a revised preliminary planned development district for a 3-building, 25,353 square foot commercial center, including future fast-food restaurant and pharmacy drive4hrough on a 3.8 acre site, which will require a partial shm vacation regmding Andres Road, for property on the NW corner of Sunrise Way and Tahqutlz Canyon. Applicants are also requesting finding of public convenience and necessity regarding alcohol sales at the property drug store. (PD205 prior history:Benco (1989)Suitt 072) ) (1992). Director of Planning do Building reviewed the staff report and added that a condition of approval would be that the final drive-through plans be submitted for architectural approval by the Planning Commission; that the applicant requested a potenWl owners participation agreement with the Community Redevelopment Agency regarding the undergrounding of utilities;that a median island is proposed on Sunrise Way,to promote the flow of traffic;that Simbet's Restaurant owner,Dr. Brown, voiced opposition to the proposed island;that it will be the applicants responsibility to area and maintain the median island; that the Tribal Council requested that the City Council deny the project; that the project is in conflict with the Indian General Plan for Section 14,which;that the City recently received; that the THU has indicated that die area is to be designated as commercial recreational; that the uses would be compatible to uses sock as a driving range; that the Planning Commission was not aware of the Indian's Plan at the time of its decision;that the Commission requested tut the street- scope be 000rdlm tad with the Tribe; that the original environmental assessment was not updated with this project due to the fact that it is smaller than what was originally proposed; that Poe Planning Commission worked through the concerns of Dr.Brown;that die main issue was to retain Ingress and egress to Andreas Road;that the median Island will be somewhat Council Agenda 94-96,Page 3 3. AMMUCAN STORES (Cont'd) awkward, but could not be avoided, he reviewed proposed architectural and site plans. Mayor declared the hearing open. Robert Cannon, representative for American Stores, thanked the Planning Commission and staff for assistance and added that the conditions imposed by the Planning Commission were acceptable except item 50; that it is understandable that most cities include indemnity language, but that the applicant wants to be clear that it does not agree with the inclusion; that it is the desire of the company to work with the Tribe regarding the streetacape; and that efforts will be directed to the Redevelopment Agency to obtain an OPA with regard to the undergmunding of utilities. Darrell Meeks,stated that the project is favorable;that there should have been a requirement that the vacant store on Racquet Club be filled;that the concern expressed by the owners of Simba's will end up being positive by having greater exposure; and he recommended approval. Theresa Miller, LaQuinta, representing Simbas' Restaurant owners, expressed concern regarding impediment of traffic flow on Sunrise due to the installation of a median island. There being no further appearances, Mayor declared the hearing closed. Councilmember Hodges questioned if the land was Indian Land; and whether the matter was appealable to the Tribe; that prior approval had been given on a similar project, and (116- questioned if the Council was bound by those conditions;and stated that this type of project 072) has been considered for some time;that it is unfortunate that it does not meet the T dWs plan for Section 14;that the plan was only released by the Tribe last week; that there was no way of knowing if them would be any conflict in land use; and she requested the developer to work with the Tribe. She further expressed concern over the architectural style. City Attorney stated that approval of development of land is by zoning;that the Council has the authority to change zoning,however, a property owner must resin reasonable use of the land; and that the Council is not bound by any previous Council decisions on this matter. In answer to questions by Council,Planning Director stated that the project is not on Indian Land, and would not be appealable to the Tribe, and that the final development plans will come back later for approval,but that the architectural style of the buildings will not change. Councilmember Spurgln stated that the site is a key property, strategically located, and that it is important to work with the Tribe; that in good conscience she cannot vote for a public necessity of a liquor license; that instead of building another store, there are many vacant stores that could be utilized; and that it may be wise to keep the property vacant until the area is really needed for development. Councilmember Barnes stated that the project is an entire complex; that the setbacks are greater than what is required;that the alcohol sales are standard sales,no different than other atoms; and that he had no problem with approval of the project. Counoilmember Oden stated that it is a pleasure to see the project, and concurred with Councilmember Barnes. Mayor stated that the Council needs to encourage new businesses;that new structures entice business; that he does believe in critical mass of building; that in his opinion, Simba's will benefrt from the project, as will Jensen's; that the architecture is crisp, and contemporary; that the Tribe's issue of the Section 14 Master Plan was not realized until now when the plan was received; that the project has been before the Planning Commission for months, and them wore no concerns raised; and that he recommended approval. 0166 Council Agenda 9-4-96,Page 4 3. PD205 AMERICAN STORES (Cont'd) Assistant City Clerk read title as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 205(PD-205), FORA RETAIL COMMERCIAL CENTER,LOCATED AT THE NORTHWEST CORNER (116- OF SUNRISE WAY AND TAHQUITZ CANYON WAY, C-1-AA1 R-4-VP AND RESORT 072) OVERLAY ZONES, SEC77ON 14. after which; Resolution 1889S and 18886 was presented, it was moved by Oden, seconded by Barnes, and carried by the following vote that Resolution 18M and 18886 be adopted. AYES: Barnes, Hodges, Oden and Kleindieast NO : Spurgin ABSENT: None CY REPORTS: a) Councilmember Oden reported that the Santa Rosa Mou Conservancy mntittee did not make a decision concerning the proposed Course in Rancho , and reported a future meeting concerning the N onal Committee for Com ally Action. b) Councilm her Hodges stated that assistance is being nested by CVAG regarding a Senate Ion bill for $250,000; to be for Coachella Valley Multi- Species herb' that there was question it not being in a National community 00 on plan; and she requ a letter be sent to Congressman Bono to assist in o 'ng the lbndiag. c) Mayor Meindienst cladfi that the beach n (Metrolink) is somewhat similar to the concept that Palm Spdo be loo g at through a nine county JPA; that the Metrolink will not extend to th that the best hope is for the inter-city rail. He also reported on the Fiber Op eetings, which included GTE and Nodel. PUBLIC COMMENTS: a) Comments on item 9: Jeremy Crocker, 121 Sou Palm Canyon, Su' . questioned the necessity of speaker cards; and this may be a for some people; that there Is a natural now du mments. He also enco the Council to investigate a (114- bill in the Senate ing stranded cost for electricity d Municipal costs. 009) Darrell Meeks, appreciation that the Council item 5; and added that the Coun i ould encourage public commdnts; that cards have to be filled out it intimidating and cause people to mistrust go ent; that there are times wh speakers pick their time to speak; that the Brown of is written to allow poop to speak on matters; and that the historical records wi ways reflect the vote this item. a3 � 07 W 1820 E 131 Street,Suite 550•Santa Ana,CA 92705 714.560.8500.714.500.8505 fax August 10, 1999 Steve Hayes City of Palm Springs RECEIVED 3200 Tahquitz Canyon Way P.O Box 2743 Palm Springs, CA 92263-2743 AUG 11 19y9 032222.836600fax767 PLANNING DIVISION RE: Sav-ou Drug Store#1M188 NWC Sunrise and Tahquitz Canyon Way Palm Springs,CA Dear Steve: This letter is a formal request for an extension of time of one year for the Sav-on project at the northwest corner of Sunrise and Tahquitz Canyon Way. At your recommendation we are asking for the extension since the City's agendas are full and we were not able to submit the plans by the date you suggested. Enclosed is a check in the amount of$550.00 to pay for the extension request. I can be reached at 714.560.8500 if you require any additional items or have any questions regarding this project. Sincerely, Watson Group, )4 1 Ai5:- Daryl J. Christian Project Manager cc: Tim Poynter—Albertson Kevin Nolan-Albertson Roger Watson—Watson Group, Inc. Land Surveying Entitlements land Planning Draft Planning Commission Minutes September 8, 1999 CONSENT AGENDA: CASE 5.0522-A-PD 205 -Application by LEADS, INC. for a one-year time extension for an approved revised Preliminary Planned Development District located at the northwest comer of Sunrise Way and Tahquitz Canyon Way,C-1-AA, R-4-VP and Resort Overlay Zones, Section 14. Director stated that there is a written staff report, in which staff recommends approval of a one-year time extension. iWS/C(Raya/Klatchko;4-0, 3 absent)to approve a one-year time extension,subject to conditions of approval contained in the staff report. sssss a3 u � RESOLUTION NO. 19653 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, A PROPOSED ONE (1) YEAR TIME EXTENSION FOR LEADS, INC., IN CONJUNCTION WITH AMERICAN STORES PROPERTIES, INC., FOR AN APPROVED REVISED PRELIMINARY PLANNED DEVELOPMENT DISTRICT APPLICATION, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, C-1-AA R-4-VP AND RESORT OVERLAY ZONES, SECTION 14. WHEREAS,Mr.Daryl Christian of the Watson Group,Inc.on behalf of American Stares Properties,Inc. (the "applicant")has filed a request for the second possible time extension for Case No.5.0522-A-PD-205 for aproposedPreliminary Planned Development District consisting of a phased commercial development including a 16,853 square foot Sav-On drug store with drive-through pharmacy, a 3,500 square foot fast food restaurant with drive-through facilities, and a 5,000 square foot retail pad building, C-1-AA, R-4-VP and Resort Overlay Zones, Section 14; and WHEREAS, the original PD application for the subject site,approved by the City Council in 1989, was for a 44,903 square foot commercial center, and in 1992 the PD application was revised and approved by the City Council as a 42,000 square foot commercial center; and WHEREAS, on September 4, 1996, the City Council approved a second revision to the conceptual plan for the preliminary planned development, which consisted of three buildings totaling 25,353 square feet,including phase one development of a 16,853 square foot Sav-On drug store with drive-through pharmacy, a 3,500 square foot drive-through fast food restaurant pad and a 5,000 square foot retail pad on the 3.8 acre site; and WHEREAS, in conjunction with approval of PD 205 by the City Council on September 4, 1996, the City Council also approved an Ordinance to change the zoning on the site from C-1-AA and R-4-VP to PD 205 and a Resolution of Public Convenience and Necessity for alcohol sales at the subject site; and WHEREAS,the City Council approved the second revision of the application for a period of two years, until September 4, 1998, at which time the applicant is required to submit plans for a final planned development for review and approval of the Planning Commission and City Council; and WHEREAS,the Planning Commission recommended approval of the first one-year time extension to the City Council on August 26, 1998; and WHEREAS,the City Council approved the first one year time extension for the application on September 2, 1998; and a � 3 R19653 �� b Page 2 WHEREAS, the applicant is requesting an additional year to file final development plans and to determine the financial feasibility and other economic factors associated with the project; and WHEREAS, the request for time extension would keep the application active until September 4, 2000; and WHEREAS, the Planning Commission considered the applicant's second time extension request for the project at its duly noticed meeting held on September 8, 1999 and voted unanimously to approve the request, subject to the conditions of approval (Exhibit A), consistent with the requirements of the ordinances of the City and State law; and WHEREAS,the City Council has independently reviewed all evidence provided including the staff report dated September 15, 1999 and all other written and oral testimony, and finds the project,subject to the original conditions of approval(Exhibit A),consistent with the requirements of the ordinances of the City and with State law; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs, California, after considering the evidence provided at the meeting does hereby approve the second 12-month time extension for Case No. 5.0522-A-PD-205 for the preliminary planned development and all aspects thereof as described to September 4,2000 for property herein described, subject to the original conditions in Exhibit A. ADOPTED this 15th day of September , 1999. AYES: Members Barnes, Hodges, 0den _ NOES: Member Reller-Spurgin ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED & APPROVED R19653 Page 3 RESOLUTION NO. EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5.0522A-PD-205/SAV-ON NWC SUNRISE WAY AND TARQUITZ CANYON WAY SEPTEMBER 15, 1999 CONDITIONS OF APPROVAL - TIME EXTENSION 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. MWINEERINd: 1. 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 Secondary Thoroughfares. 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. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Street Vacation plat and all applicable agreements and improvement plans approved by City Engineer, IF applicable. TAHOUITZ CANYON WAY EAST 3. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 4. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a minimum width of 32 feet to accommodate a curb ramp. Turning movements shall be right in/right out only. S. 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 . 6. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the subject property per City of Palm Springs Standard Drawing. Nos. 212 and 212A. a3b"3 R19653 a3b� Page 4 7. Construct a sidewalk transition at the SOUTHWEST corner of the subject property. 8. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. SUMSS WAY NORTS 9. 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 AND SOUTHEAST corners of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 10. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a minimum width of 32 feet (widen if median island to be constructed) to accommodate a curb ramp. Turning movements shall be right in/right out only. 11. 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. 12. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST corner of the subject property per City of Palm Springs Standard Drawing Nos. 212 and 212A. 13. Construct a 14-foot wide landscaped, raised median island as specified by the City Engineer from Tahquitz Canyon Way East to Andreas Road. Provide a 200 foot long left turn pocket on the north side of the Sunrise Way/Tahquitz Canyon Way intersection. Provide a 120 foot long left turn pocket on the south side of the Sunrise Way at Andreas Road intersection. The nose width shall be 4 feet wide and shall include stamped concrete or other acceptable material as shown on the approved plans to the point where the desertscape can begin. Developer shall annex the property to an existing City Parkway District for maintenance of the future landscaped median island and pay all associated fees prior to issuance of a grading or building permit. 14. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. ANDREAS ROAD 15. Construct a 6 inch curb and gutter, 8 feet SOUTH of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHEAST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 16. Construct the SOUTH half of a 6 foot cross gutter and spandrel at the intersection of Andreas Road and Sunrise Way North with a flow line parallel to the centerline of Sunrise Way North in accordance with City of Palm Springs Standard Drawing Nos. 206 and 207. 17. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 32 feet to accommodate a curb ramp. 18. 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. R19653 Page 5 19. Construct a sidewalk transition at the NORTHWEST corner of the subject property. 20. Construct 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 a minimum of 1 foot from existing edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 AND 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY 88iS$R 21. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Televise (color) existing sewer main prior to and after lateral connection. a 22. 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. 23. 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 Fine Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. 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 Hydrology Study/Report, IF required by these conditions. G. 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. 24. Drainage swales shall be provided adjacent to all curbs and sidewalks - 31 wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 25. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916) -657-0687) and provide a copy of same, when a%o%, '6 4 1 R19653 Page 6 executed, to the City Engineer prior to issuance of the grading permit. 26. 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. 27. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. DRAII�f38 28. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On- site tetention/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. 29. 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-SITS 30. All centerline radii for private streets shall be a minimum of feet. 31. 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. 32. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 4� 33. 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. 404 modified to require the final 2 feet of subgrade to be compacted in lifts not to exceed 15 inches. Pavement shall be restored to a smooth rideable surface. 34. 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 R19653 Page 7 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. Limits of utility undergrounding are from the south side of Tahquitz Canyon Way East to the existing power pole located on the south side of Andreas Road in the northwest corner of the property. 35. 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. 36. Developer shall contact all utility purveyors to obtain written confirmation of service and submit a copy of all utility company will-serve letters to the City Engineer with first plan check. 37. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed 30 inches in height in order to maintain an appropriate sight distance. 38. All 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. 39. 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. TRAFFIC 40. 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 pr 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, SUNRISE WAY NORTH and ANDREAS ROAD frontages of the subject property. 41. The developer shall replace all damaged or destroyed traffic control devices and provide any new traffic control devices required by the City Engineer on the TAHQUITZ CANYON WAY, SUNRISE WAY NORTH and ANDREAS ROAD frontages prior to issuance of a Certificate of Occupancy. 42. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 43. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. a3b Page P 8 Page 8 44. 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: SW Corner of Andreas Road and Sunrise Way North SE Corner of North Driveway and Andreas Road SW Corner of Main Entrance and Sunrise Way North NW Corner of South Driveway and Tahquitz Canyon Way East 45. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the SOUTHWEST corner of SUNRISE WAY NORTH and ANDREAS ROAD with the mast arm over SUNRISE WAY NORTH. The pole and luminaire shall be furnished by the developer. 46. 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 1990, or subsequent additions in force at the time of construction. 47. This property is subject to the Transportation Uniform Mitigation Fee based on the RETAIL/SERVICE ITS Code A land use. PLANNINGs 48. 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. 49. 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 5.0522A-PD-205. 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. 50. The developer is encouraged to coordinate final development plans for landscape/streetscape in the vicinity of the northwest corner of Tahquitz Canyon Way and Sunrise Way with the Tribal Council, of which plans shall address Section 14 gateway concerns including, but not limited to, the following: landscaping, gateway signage and identification and off-site art work. R19653 Page 9 51. The developer shall enter into a reciprocal access agreement for purposes of providing an easement for access from the subject property to the adjacent property to the west should it be developed. Such reciprocal access agreement shall be submitted for review and approval by the City Attorney and the Director of Planning and Building and shall be recorded by the County prior to the issuance of building permits, and shall not be triggered until such time the City approves a development project on said property to the west. Additionally, should a parcel map for the subdivision of the approved pad sites on the subject property be proposed, reciprocal access agreements shall be entered into by all applicable property owners prior to the approval of a Final map. 52. The final Planned Development plans for phase I shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance which requires review and approval by the Planning Commission and the City Council. Final development plans shall include, but not limited to the following: a site plan, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, 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. 53. The subsequent phases of the preliminary Planned Development District not submitted for review with the final Planned Development District plans, shall be submitted as separate architectural approval applications to be reviewed and approved by the Planning Commission. • The future proposed fast-food drive-through lane shall be designed to accommodate large passenger vehicles and pick-up trucks. A dimensioned drive-through/car stacking diagram shall be submitted with the architectural approval application. 54. Separate architectural approval and permits shall be required for all signs. A detailed sign program for all project phases shall be submitted for review and approval by the Planning Commission prior to issuance of building permits for phase I. 55. Final landscaping and irrigation plans shall be submitted with the final Planned Development plans as required above, for review and approval by the Planning Commission and City Council. *Landscape plans shall be approved by the Riverside County Agricultural Commissioners Office prior to submittal. *The landscape plans shall be subject to the City of Palm Springs Water Efficient Landscape Ordinance. The landscape/irrigation plans shall be certified by a licensed landscape architect that the landscape/irrigation plans comply with Chapter 8.60 of the Municipal Code regarding efficient landscape requirements, and the irrigation plans shall be reviewed by the Desert Water Agency prior to submittal. 56. All parking areas and drive 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. The drive through lane shall include albs R19653 O Page 10 screening consisting of both a 4 foot high wall and landscaping. *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. 57. The design of the on-site retention basins shall be as unobtrusive as possible and shall incorporate more of a natural, free-flowing shape. The shape of the retention basins shall be reviewed and approved by the Planning Commission as part of the final Planned Development plans. •Retention basins shall not be permitted along Tahquitz Canyon 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. 58. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00 or as approved as part of this Planned Development District and shall entail or conform to the following: •Illumination levels in the parking area shall be an average of one-foot candle. *Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. *Parking stalls shall be delineated with a 4 to 6 inch white double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall serve as wheel stops. *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. *Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. •Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. *Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. •Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide Plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1) , shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible" . •If used, compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. R19653 Page 11 59. 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. A dimensioned detail of the equipment in relation to proposed screening shall be submitted for review and approval by the Director of Planning and Building prior to the issuance of a building permit. 60. All materials on the flat portions of the roof shall be earth tone in color. 61. Perimeter walls and landscaping shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 62 . The street address numbering/lettering shall not exceed eight inches in height. 63. 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. 64. Submit final plans meeting City standards for the proposed trash and recyclable materials enclosure for review and approval by the Director of the Department of Planning and Building prior to issuance of a building permit; the location should acceptable to the Palm Springs Waste Disposal Services. 65. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4t 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. 66. 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. 67. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 68 . No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 69. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles a"66ii R19653 a3 b DIU- Page 12 shall not be permitted to park off the proposed building site unless a parking management plan has been approved per Section. 70. 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. 71. The applicant shall provide all tenants with these conditions of approval of this project. 72. 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. 73. 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, additional parking spaces shall be provided. FIRE DEPARTMENT: 74. The locations of public and private Super Fire Hydrants that must meet Desert Water Agency Standards shall be determined by the Fire Department. Fire Flow will be determined after construction type is known along with final square footage per building. 75. Buildings in excess of 3000 sq. ft. are to be Fire Sprinkled. Fire resistive walls do not reduce this requirement. 24 hour supervision will be required. Submit plans for review and approval by the Fire Department for the sprinkler system. 76. Trash areas within 5 feet of building opening or combustible construction to be Fire Sprinkled. 77. Combustible construction requires fencing and guards; contact Fire Department for specific requirements. 78. An operational fire hydrant meeting required fire flow (once determined) to be within 250 feet of all construction. Note: Fire Department Connection shall be installed on Andreas Road within 30 ' -40' feet of new Super Fire Hydrant. 79. Additional comments will be made as conditions warrant construction. POLICE DEPARTMENT: 80. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 81. Prior to any construction on-site, all appropriate permits must be secured.