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HomeMy WebLinkAbout4/5/2000 - STAFF REPORTS Condition No. 14 (Revisedj. "The applicant icantlicantl prior to issuance of building permits shall submit a reciprocal easement agreement, as appropriate, 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 Agreement shall be recorded only against the leasehold interest. The Agreement shall require maintenance of all property in a first-class condition and in accordance with all ordinances,with lien rights to recover any maintenance costs incurred, shall be enforceable by the City, and shall not be amended without City approval. In addition, the Agreement shall contain any other special provisions contained herein, such as provisions for reciprocal access, to the satisfaction of the City Attorney, Director of Planning and Building and the City Engineer. The applicant shall deposit with the City of Palm Springs S 2,000.00 for the review of the Agreement by the City Attorney, and may be required to supplement the deposit to cover the City's actual legal cost." Condition No. 52 (Revised): " Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the building. The following outdoor display of merchandise and sales activities shall be permitted: (i) the display of live plant material in front of the garden center; (ii) the display of merchandise under the main entrance canopy to the building, not extending beyond the overhang of the roof entry strgcture. Prior to issuance of a certificate of occupancy, an outdoor sales diagram shall be submitted to and approved by the Director of Planning and Building." DATE: April 5, 2000 TO: City Council FROM: Director of Planning & Building TENTATIVE PARCEL MAP NO. 29450 - APPLICATION BY LOWE'S HIW, INC., A VIRGINIA CORPORATION FOR A PROPOSED TWO-LOT TENTATIVE PARCEL MAP FOR THE SUBDIVISION OF APPROXIMATELY 38 ACRES TO INITIATE THE PHASE ONE DEVELOPMENT OF A 176,519 SQUARE-FOOT LOWE'S HOME IMPROVEMENT WAREHOUSE ON 13.33 ACRES OF THE PROJECT SITE,LOCATED ON THE SOUTH SIDE OF RAMON ROAD, BETWEEN GENE AUTRY TRAIL AND SAN LUIS REY DRIVE, M-1 ZONE, SECTION 26. CASE NO. 3.1795 (MAJOR ARCHITECTURAL APPROVAL) -APPEAL BY LOWE'S HIW, INC., A VIRGINIA CORPORATION OF CERTAIN PLANNING COMMISSION CONDITIONS OF APPROVAL FOR THE DEVELOPMENT OF A 176,519 SQUARE- FOOT LOWE'S HOME IMPROVEMENT WAREHOUSE ON 13.33 ACRES OF THE PROJECT SITE, LOCATED ON THE SOUTH SIDE OF RAMON ROAD, BETWEEN GENE AUTRY TRAIL AND SAN LUIS REY DRIVE, M-1 ZONE, SECTION 26. RECOMMENDATION: The Planning Conunission recommends that the City Council issue a Mitigated Negative Declaration and approve Tentative Parcel Map No. 29450 as described above, subject to conditions contained in the attached resolution. The City Council should also consider the proposed appeal to certain conditions of approval adopted as part of Resolution No.4685 by the Planning Commission on February 23,2000 as requested by the applicant,directing staff to modify the recommended conditions of approval as deemed appropriate by the City Council. The applicant is represented by Mr. Stephen Gale and Mr. Roger Bernstein of Lowe's HIW, Inc. a Virginia Corporation. BACKGROUND: Lowe's Home Improvement Warehouse Western Real Estate Division has submitted an application for a Tentative Parcel Map to initiate the development of a Lowe's Home Improvement Warehouse on the south side of Ramon Road, between Gene Autry Trail and San Luis Rey Drive. The proposed subdivision is intended to create two parcels(a 12.6 acre parcel and a 0.73 acre parcel) for the development of the Lowe's Home Improvement Warehouse; the balance of the 38 acre site, bounded by Ramon Road, Gene Autry Trail, Sunny Dunes Road and San Luis Rey Drive, will remain as a separate remainder parcel, where no development is proposed at this time. Lowe's will be leasing the 13.33 acre site from the current property owner, a member of the Agua Caliente Band of Cahuilla Indians. The Lowe's site is generally bounded by Ramon Road, San Luis Rey Drive, Camino Parocela and the western limit of development of the Lowe's facility,approximately 470 feet east of Gene Autry Trail. The 0.73 acre parcel within the 13.33 acre Lowe's project area is 1 I shown as an extension of the parking area for the home improvement center; no buildings are proposed on this parcel on the proposed site plan. The Major Architectural Approval (AA application) application approved by the Planning Commission on February 23, 2000 for the home improvement warehouse consists of a building footprint of 131,569 square feet, an outdoor garden area of 30,370 square feet and a 14,580 square-foot outdoor staging area,for a total of 176,519 square feet of building area on the 13.33 acre site. The proposal includes 670 parking spaces on-site, with a total of five vehicular ingress/egress points to serve the facility. The building is oriented toward the southern end of the property, to allow for easier access to the parking areas from Ramon Road, and to lessen the apparent bulk and height of the building from this scenic vehicular corridor. The majority of the building will be constructed at a height of approximately 32 feet above finished grade, with the architectural element over the main entrance reaching approximately 50 feet at the highest point. Truck wells and outdoor staging areas are located behind the building, screened from Ramon Road by the building and from other areas by decorative screen walls that are integrated with the architecture of the building.The approval of the AA application is final with the Planning Commission. The site is currently void of any structures and consists of compacted dirt and native scrub vegetation. The entire site has been previously graded. The site slopes minimally from northwest to southeast. Curb,gutter and sidewalk exists along Ranson Road and Gene Autry Trail and curb and gutter exist along San Luis Rey Drive,Camino Parocela and Sunny Dunes Road. The Ramon Road/Gene Autry Trail and Ramon Road/San Luis Rey Drive intersections currently have traffic signals located within the public rights-of-way adjacent to the site. GENERAL PLAN ANALYSIS: The site of the proposed Tentative Parcel Map is designated IND (Business/Industrial)per the City of Palm Springs General Plan Land Use Map. The objective of the Business/Industrial General Plan Designation is to allow business and industrial development as an essential companion of population growth, through the development of planmed business/industrial districts, small to rnedimn-sized industries and corporate centers. One of the objectives of the Business/Industrial District is to promote the development of support service industries for commercial and hotel uses,which the proposed use clearly addresses. According to the applicant,the proposed home improvement center use is anticipated to add approximately 175-200 new jobs to the employment base for the City. Therefore, based upon a review of the General Plan,the proposed Tentative Parcel Map does not conflict with any goals, objectives or policies pertaining to Business/Industrial land uses in the City's General Plan. ZONING ANALYSIS: The proposed Tentative Parcel Map is contemplated on property zoned M-1 per the City of too Patin Springs Zoning Ordinance. The purpose of the M-1 zone is to provide for the development of service industries for commercial and hotel uses and for industrial uses which include fabrication, manufacturing, assembly, or processing of materials that are in 2 already processed for and which do not in their maintenance,assembly,manufacture,or plant operation create smoke, gas, odor, dust, sound, vibration, soot, glare, or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone. The Planning Commission determined that the proposed home improvement center is consistent with the purpose of the M-1 zone at its February 23, 2000 Planning Commission meeting since all uses proposed to be contained within the home improvement center are permitted uses within the M-1 zone. In addition, the site has adequate vehicular access and is located in a manner which would not create a land use transition impact to adjacent properties or uses. As for the balance of the property within the boundaries of the Tentative Map area,the future uses and design considerations will be governed by the Business/Industrial General Plan provisions and the development standards of the M-1 zone. The subject site is surrounded by lands zoned for industrial land use. Potential firture uses include office,retail and/or light industrial development, all of which can be integrated easily for a compatible land use transition between future uses and the home improvement center. PROPERTY DEVELOPMENT ANALYSIS: 1. Tentative Parcel Man:The application includes a request to subdivide the 38 acre site into two parcels (a 12.6 acre parcel and a 0.73 acre parcel)for the development of the proposed Lowe's Home Improvement Warehouse, with a remainder parcel (approximately 23 gross acres,not including future street dedications)set aside for future development. In reviewing the development standards for the M-1 zone, each lot shall have a minimum lot size of 20,000 square feet, except lots that front on major thoroughfares, which shall have a minimum lot size of 40,000 square feet and minimum lot width and depth dimensions of 200 feet. Parcel 2,which is located directly on Ramon Road,does not meet the minimum lot size and dimensional criteria of the M-1 zone. However, lot sizes can vary from these standards through the approval of a Master Plan. The preliminary site plan for the Lowe's Home Improvement Warehouse indicates that no buildings are proposed on Parcel 2; only parking and other street side landscape and wall improvements are proposed on this parcel. Since this area is shown as an integrated part of the on-site improvements for Lowe's,the Planning Commission felt that the plan qualifies as a Master Plan and the minimum lot size and dimension standards can be waived in this situation. If any buildings are proposed on Parcel 2 in the future,its development will be subject to consideration of the Planning Commission and, if required by the Zoning Ordinance, the City Council. In conclusion, the proposed subdivision will not create any substandard development conditions as it relates to the development of the home improvement center and will still allow for the future development of the remainder parcel in an orderly and efficient manner. Vehicular and pedestrian access will not be limited by the subdivision of land in the manner proposed by the Tentative Parcel Map. At its February 23,2000 public hearing,the Planning Commission found that the proposed subdivision of land is acceptable as proposed. ZONING/LAND USES: / 63 North: M-1-P zone/Vacant Land 3 South: M-1 zone/Vacant Land East: M-1 zone/Vacant Land West: M-1 zone/Service station and light industrial buildings ENVIRONMENTAL ANALYSIS AND NOTIFICATION: Staff has completed a detailed Environmental Assessment of the project, dated January 24, 2000. In completing the Environmental Checklist, staff found that there could be a significant environmental impact in certain areas,such as water/hydrology,air quality,traffic and circulation,and noise if mitigation measures are not incorporated into the project design. However, with all environmental mitigations incorporated into the attached conditions by reference,the Planning Commission feels that any environmental issues will be reduced to a level of insignificance. If the City Council concurs,then issuance of a Mitigated Negative Declaration for the Tentative Parcel Map would be in order. All property owners within a 400 foot radius of the parcel considered for subdivision were notified. In addition, the application was forwarded to the City of Cathedral City and Caltrans due to potential project implications on their jurisdictions. As of the writing of this report, only a "no comment" letter from the City of Cathedral City has been received; no correspondence from other members the public has been received by staff. PLANNING COMMISSION ACTION: On February 23, 2000, the Planning Commission voted 6-0-1 (Fontana abstained) to reconunended issuance of a mitigated negative declaration and approval of Tentative Parcel Map 29450 to the City Council. In addition, the Planning Commission approved 6-0-1 (Fontana abstained) of Case No. 3.1795, the major architectural approval of the proposed Lowe's Home Improvement Warehouse and Planning Commission Determination 10.425, a determination to add Home Improvement Centers as a permitted use within the M-I zone. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL: On March 8, 2000,the applicant filed a timely appeal with the City Clerk to appeal certain conditions of approval contained in Planning Commission Resolution No.4685,adopted by the Planning Commission on February 23,2000(attached). For a more detailed description of the appeal request,the applicant's appeal letter is attached to this report. Specifically,the applicant is appealing the following: 1. That the third sentence(in bold) of Planning Division Condition No.6(below)be eliminated in its entirety: "Final landscaping, irrigation,and fencing plans shall be submitted for approval by INthe Planning Commission prior to issuance of a building permit. A varied,upgraded landscape and decorative wall program is required along the perimeter streets. The 4 landscape and wall program shall be designed to the satisfaction of the Planning Commission or additional parking spaces along street frontages may need to be removed to allow for additional depth between the curb and parking spaces for landscaping and mounding to satisfy the concerns of the Planning Commission. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal"; Appeal Analysis Condition No 6: This condition has been re-worded in the attached conditions as agreed to between staff and the applicant to separate the acceptable parts of the conditions from the appeal request. As re-written, the applicant is requesting that part (b) of the condition be deleted. The intent of the Planning Commission requiring the final landscape and wall program to come back to the Commission before the issuance of building permits was to assure that the developer would provide an aesthetically upgraded streetscape design the would be appropriate forthe perimeter streets,especially Ramon Road,which is designated as a Scenic Corridor in the City's General Plan. Along Ramon Road,the setback from the property line to the head of the row of parking stalls is proposed to be approximately 21 feet. Within this 21-foot wide area, the developer will be required to provide a 5-foot wide meandering sidewalk and a low screen wall to effectively screen parked cars from street view. Due to this relatively shallow setback, the Planning Commission was concerned that an upgraded streetscape design typical of Scenic Corridors could be designed to their satisfaction,hence the request to review the final plans. During Planning Commission discussion,the Commission acknowledged that the intent of reviewing the final landscape plan and wall program was not to require the removal of additional parking spaces. The Planning Commission felt that by adding part (b) the applicant would be encouraged to design a strong street and landscape plan in order to avoid potentially losing parking spaces. 2. That Planning Division Condition No. 42 (below); "The final location and configuration of the handicapped parking area(s) and handicapped parking signage on the property shall be determined by the Disability Services Coordinator and the Director of Planning and building on the final site and landscape plans,prior to the issuance of building permits. The final landscape plan shall be reviewed by the Planning Commission in accordance with Condition No. 6 above". be revised to read as follows: "The location and configuration ofthe handicapped parking area(s)shall be as shown on the site plan;compliance with applicable laws and regulations shall be verified by the Disability Services Coordinator prior to issuance of building permits. 4500,* Handicapped parking signage on the property shall be reviewed and approved by the ' 5 Disability Services Coordinator and the Director of Planning and Building prior to the issuance of building permits'; Appeal analysis of Condition No 42• Staff is close to reaching consensus with the applicant regarding this issue, based on a revised site plan prepared by the applicant's architect on March 23,2000. This plan indicates handicapped parking areas at the end of the rows closest to the front doors of the building (the main entrance and the entrance to the garden center), consistent with the recommendations of the Disability Services Coordinator. Staff will continue to work with the applicant to address any outstanding concerns potentially impacted by the revised parking layout, such as cart corral locations, and provide the City Council with an update at the public hearing. 3. That Engineering Division Condition Nos.4 and 39(below)be eliminated in their entirety, as follows: "The developer shall pay his proportionate share of Assessment District 155 assessments"; and "The developer shall contact the City ofPalm Springs Finance Department regarding a respread of the Assessment District 155 assessment fees. Developer shall be required to pay the cost of said recalculation and shall be liable for payment of said fees determined for this development". Appeal Analysis of Engineering Condition Nos 4 and 39: The Lowe's project is located within the boundaries of Assessment District No. 155, in an area formerly leased. Assessment District No. 155 was created in 1989 to construct streets and other off-site improvements in the area east of the airport. In 1992,the Bureau of Indian Affairs canceled the referenced lease for non-payment. Combined with the cancellation of a second lease, the City was left in a difficult situation regarding the repayment of bonds used to finance the infrastructure improvements on these parcels. To avoid a bondholder lawsuit, the City and the bond issue's underwriter agreed to assume the liability for the unpaid assessments. The remaining debt, after prior year payments and write-offs, is $ 889,715.00. As noted in the April 5, 2000 staff report to the Community Redevelopment Agency from the Redevelopment Director, the City has not sought to recover any of the past assessment payments from Lowe's. Based on the pro-rated share of the parcel(s) size relative to the parcel as a whole,the ani-mal assessment for Lowe's would be approximately $ 47,700.00. The Plani ing Conunission felt that it would be appropriate for Lowe's to pay their "fair share" of the AD 155 costs, as the business will benefit from the public improvements installed in the immediate area. These improvements would normally be required to be installed by the developer at their cost. /IYO 6 In lieu of granting Lowe's appeal on this issue, the Redevelopment Director has urged the Redevelopment Agency to enter into an Owner Participation Agreement with Lowe's to provide for the rebate of the assessment district costs from tax increment generated from the project. Staff anticipates that the tax increment received will be about $ 50,000.00, more than the pro-rated fair share annual assessment for AD 155. Under this scenario, the Economic Development Incentive Zone(EDIZ)program would be able to rebate the entire assessment payment due from Lowe's,and further enhance the development potential within the immediate area while reducing the financial risk to the City by keeping AD 155 stable. 4. That Planning Division Condition No. 52 (below); "Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the Lowe's Home Improvement Warehouse, with the exception of live plant material displayed on a daily basis in front of the Garden Center. All proposed outdoor display areas in front of the Garden Center shall be indicated on the final landscape plan,which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits"; be revised to read as follows: "Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the building. The following outdoor display of merchandise and sales activities shall be permitted: (i) the display of live plant material in front of the garden center; (ii) the display of merchandise under the entrance canopy to the building; and (iii) sidewalk and seasonal parking lot sales (Christmas tree sales) conducted in accordance with all applicable haws, regulations and guidelines affecting such sales"; and Appeal Analysis Condition No 52: The purpose ofthis Planning Commission condition of approval was to minimize the amount and limit the area of outdoor sales activity to reduce aesthetic and circulation impacts in front of the building caused by displayed merchandise. Commonly associated with the proposed use is a large amount of vehicular,pedestrian and sales activity in the area between the front of the building and the drive aisle/loading area. Staff has also observed other instances in other cities where similar uses have constructed barrier fencing in portions of the parking lot for a permanent outdoor sales area. Staff has discussed this issue with the applicant since the Planting Commission meeting and recommended that they indicate on the site plan the outer limits of the proposed outdoor display area(s) for City Council consideration. As of the writing of this report, this information has not yet been provided for staff review. This primary staff concern with the revised condition provided by the applicant is to provide assurance that the "sidewalk and seasonal parking lot" sales do not become a permanent venture. If the applicant can suggest some modified language to more specifically identify Ifi7 the dates of proposed seasonal sales and/or events and the areas where the boundaries of where these events may occur on the property, then staff will be able to analyze the request in greater detail to determine if the special events would have a significant aesthetic and/or on-site traffic circulation impact. As of the writing of this report,staff would not recommend the proposed change in wording to this condition based on Municipal Code provisions that no business is allowed to display merchandise outdoors of any business within the community. If any additional information becomes available regarding this issue,staff will present this information at the City Council meeting. In addition to the above items, the applicant has requested that a number of conditions adopted by the Planning Commission be revised. Staff has indicated these changes in bold on attachment 13. Appeal items which staff believes are resolved are noted. The Council will note that a majority of these have been resolved to the satisfaction of the applicant and staff. Those issues that require consideration of the City Council include a highlighted discussion of the issue immediately following the condition. DOUGLA . EVANS, Director Planning and Building DALLAS FLICEK, Interim City Manager ATTACHMENTS: 1. Vicinity Map 2. Tentative Parcel Map 3. Site Plan 4. Conceptual landscape plan 5. Building elevations 6. Floor Plan 7. Site Cross-Sections 9. Correspondence from public/affected agencies 9. Draft Planning Commission Minutes, February 23,2000 10. Appeal letter from applicant 11. Initial Study/Environmental Assessment / 12. Resolution 11 Conditions 8 VICINITY I"AP *%* liz L ` PAMON POAD N.T.S. PPOJffcr srrf z PfrPOGELA CITY OF PALM SPRINGS CASE NO. TPM 29450, 3.1995, 10.425 D E S C R I P T 10 N A PPOPOSED TWO-LOT P/il?CEL MAP OF 38 AGPE5 TO APPLICANT LOWE5 h.l w. AN IATE TnE DEVELOPMENT OF A 1�6,5/9 5O. FT. LOWE'S nOME IMPPOVEMENT WAPErIOU5E ON 1333 AGPES OF I-ANO LOCATED ON TnE 5OU7-n 5/DE OF;PAMON IFO. DETWEEN GENE AUTX'Y TRAIL AND SffN LUIS PEY OR., W-M-I ZONE, SECTION 26. .w t i RAMON ROAC A ----. ._. --- --a--------t--- A --r--- r--- IN THE CRY OF PALM SPRINGS. COUNtt OF RIVERSIDE, STATE OF CAUFORNN r- TENTATNE PARCEL MAP NO.294M a A rPAFlCE62 .,T SUBDIVIDING A PORTION OF THE NORTHWEST WASTER OF TII y SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.B.M. I� I/� fug �6MI4ur fNp6 iEtC N 1TA1 rI LL5.4 w ; w $.J PARCEL 1 eim A w ® frw C C Nen�c vrmox rrwa+a,�mm Iwrv�n-mi Y \ e - ,, F r AHAE830lC PARCB.IA�B9i CAMNO PAROGELA SKY POINT NEST 680-1]O-01S -r OfpBBACAEA06 zi wre ry� ,i 6 NOSH PAfIL81A4EA�i d d 11 i PNIC9_2AGFA06 r nn � fB/AN.'91 VILE arz.c y"- ® F]OSINO zpEB r-w A P,NTT �PII[Ir® L96 aaacw I • BUNNY DUNES ROAD s• � I �! ,u mows m¢n.K rTv.2 PS r rD aor.ew SECTION D—D — SfRF� 'A —,- •- -""-� ¢ F �S5MON A-A SECnON B-e RAMON ROAD C44INO PAROGMA SECTNN!C-C NAINIERD, SNRS)AND ASSDCGTGS mc.. Vx LUc REY DRry�E f4atw/arII MAC/us doa[rnc ... s rupva nmP+ur,avm mr ra�¢wmar rn+r� VACANT REfENiION BASIN VACANT s M-7-7 L_.w e,,a,.,3_J M-1 I I I — — — t — - - - - - - O4MIN0PAA- - - - - VACANT I -------------- --u--- -_ --- * -- I -_ __ \ \ M-1 j. LA va..•••,•• ,•� qq °" SIIEIRESUME LOWE'S . ± 1YPEVNON RATED I .Q FULYSPRNIQERE�ORY ,�,.� ,�;•:• M-1 14111 1 VACANT W pn M.1 VACANT M-1 Z VACANT I I I I I � _ I I I I I • I I I I • I I I I F� �� RAMON ROAD VACANTM-1 s VACANT M-1 I PROPOSED SITE PLAN (WITH SHARED ENTRY)/ROOF PLAN nl 47 HOME IMPROVEMENT WAREHOUSE " °°" [�] -- _.:em • PALM SPRINGS, CALIFORNIA ° 1 1— Li;�fela Jl� —nu�J vACAxi M1 — vACAxT M9 I LANDSCAPE DEVEI.OPMEI'T CONCEPT I. C E L C A M I N O P A R O A It �T�;e I,K° PLANT LIST — ° PROPOSED PARKNC LOT ACCENT TREE . ,c m gym. _ ..•oixo.n_" © ° ° nusx w.0 m,nru xva coxxa.xuE .wrrws PROPOSED PARKING LOT TREES nw�u W — ° ° 'I c srwo n.u.aa xu. avuuoti cur mn CA - LO WE'CC S VANT M' Zvn ors" u�w xr.w PROPOSED SCREEMNC TREE a PROPOSED STREET TREE o s PROPOSED ACCENT SHRMS pp��T� �.n IA [vwa roT��[at xw, `A r.�+ 4iunmee.o�cacne,[ ,a wr VACANTIT / ' — rwuneoe.aevwm PROP O;ED oSCRREMNL "RUBS 2 _ co n., _ ..,n rt--`rrnx �.xno coca"w cx PROPOSEDDGGROMOCOVERS I � I —�� n--- _ R A M 0 N R O A D _ _ _ — — — — IT—coma s,o,•cd� rc,n3 w, NOTES. 1 VACANT Y-1 cm VACANT M-1 yv u'ceurto uu.[weu.[mvnrev wer.np CONCEPTUAL LANDSCAPE PLAN o�N10 N RTN HOME IMPROVEMENT WAREHOUSE ARRnE LOWE's v-Fc PALM SPRINGS, CALIFORNIA�.,.b°° : PARTIAL FLOOR PLAN u "�- ..,n"s• � O s t7 ©� oo ❑❑'.��E,BOO FIE] ❑ O. OD ©@ w� OO - - - = - - - - I -- - Ej NORTH ELEVATION "°" "0 O OFACINGP ONRGAG— ID El El ❑" O.w Xme „ ❑❑ soa... O ©o ""moo -- �— - - - - SOUTH ELEVATION —. - "' ❑ - _ s^ OFACINGGMINOPARCCElA u„� ^'w❑"❑ sw_swunx ❑,` ❑ ❑,•u Lss cc nnn.,.n 0 . CUOR pp .a s. s cc I,.., WESTELEVATION - - . OO FACINGGENEAMtf VL w"❑ a• �0 OO:,wn w �' nx , ©�rs - -tea MITFAW.a P..�Ew rca ees ns awr El w EAST ELEVATION EXTERIOR ELEVATIONS ®FACINGBMLSI6REYGRNE 0� mw'0 C` " = � '�' nI HOME IMPROVEMENT WAREHOUSE PALM SPRINGS, CALIFORNIA u 'r STAGING AREA _ RECEMNB AREA OFFICE AREA i I i I� LOWE'S 1 MAINSALES e .ap a }� ux 4 FLOOR PLAN u LOWEES HOME IMPROVEMENT WAREHOUSE [�] ------_ m • a ' 4 PALM SPRINGS, CALIFORNIA - I�i!hhBh LOWES GPADEN CENTER EOE MAINIENTRY VACANT ADJACEM PROPERTY W) ; EN�GEE AWRY TRAIL SITE SECTION A-AJIL I I f f VACANT ADJACENT PROPERTY(M-i) RAMON ROAD `W�. PARKING wa;urrwuv LOWES TRUCK OOCK CAMINO VACANTADJACENT PROPERTY(A 1) SITE SECTION B-e IM-11 I PARocEu I ug�ac ow..a E J Pu A Ifee°aweeee �_ I �eO e A KEYPLAN R SITE SECTIONS ¢ HOME IMPROVEMENT WAREHOUSE L I 5 I PALM SPRINGS, CALIFORNIA -�rYRY4 M • E�i!�E�EEI Y Fa.. iM;DY chi m cn C Q YO 0rQ4HU VF' VA HUNDRED March 13, 2000 EAST TAHQUITZ CANYON WAY Deyna Hodges Council Member, City of Palm Springs PALM SPRINGS Palm Springs, California 92262 Re: Tentative Parcel Map 29450 and Architectural Approval CALIFORNIA Case 31795-Lowe's Home Improvement Warehouse 92262 Dear Councilwoman Hodges: The Tribal Council, at its meeting of March 7, 2000, reviewed the TELEPHONE subject case and upon recommendation of the Indian Planning (760) 325-3400 Commission and Tribal Planning Director, strongly recommends approval of the Lowe's Home Improvement project. This project is proposed on allotted Trust land in the Agua Caliente Indian Reservation and, as proposed, will provide a significant benefit to F Tribal property and the community as a whole. The Tribal Council 060) 3Q5 0593 urges the City Council to approve the project swiftly, with the minimum amount of limiting conditions. Res fitfully submitted, r Thbmas J. Davis, AICP Tribal Planning Director AGUA CALIENTE BAND OF CAHUILLA INDIANS TJD/cm C: Tribal Council Dallas Flicek, Assistant City Manager, City of Palm Springs Doug Evans, Director of Building and Planning, Palm Springs Michael Harris, Esq. RIETTERS-TJD\Councilwoman Deyna Hodges 3-14-OO.doc Xv C t!ed!g tit PLANNING DIVISION MEMORANDUM To: Steve Hayes, Principal Planner From: Rebecca Maddox, Associate Planner ,r7O)V� Date: January 26, 2000 Subject: Lowe's Home Improvement Center Dear Steve. Thank you for forwarding the plans for the proposed t.owes' Home Improvement Center to our department for review and comments. The plans were reviewed at our Design Services Meeting this morning which included members from Fire, Engineering, Planning and Redevelopment. No comments were generated. Thanks again for you effort to include the City of Cathedral City in your planning process. /A/ 7 • Planning Commission Meeting Minutes February 23, 2000 the ground. It was felt that the yearly maintenance of the trees i�a part of the cost of"being Palm Springs." Director responded that he will take the Planning C mmissioners' views to the City Council with an additional recommendation that the Mexicaiy Van skirts be trimmed to within six feet of the lowest green fronds. M/S/C(Klatchko/Caffery)7-0. To prove continued support for February 26,1997 motion: "Recommending revisions to a Palm Tree Trimming Policy, per Staff Report and Resolution." PUBLIC HEARINGS: Tentative Parcel Map 29450 - Application by Lowe's Home Improvement Warehouse Western Real Estate Division for a proposed two-lot Tentative Parcel Map for the subdivision of approximately 38 acres to initiate the phase one development of a 176,519 square-foot Lowe's Home Improvement Warehouse on 13.33 acres of the project site,located on the south side of Ramon Road,between Gene Autry Trail and San Luis Rey Drive,M-1 Zone, Section 26. Associated with this request are: Planning Commission Determination 10.425 - Application by Lowe's Home Improvement Warehouse Western Real Estate Division for a determination to add home improvement centers as a permitted use within the M-1 (service/manufacturing) Zone; and Case 3.1795 (Architectural Approval) - Application by Lowe's Home Improvement Warehouse Western Real Estate Division for a proposed 176,519 square-foot home improvement center on 13.33 acres of land located on the south side of Ramon Road,between Gene Autry Trail and San Luis Rey Drive,M-1 Zone, Section 26. Commissioner Fontana reported that he would abstain from discussion ofthis project due to current business interests and was excused for the remainder of the meeting. Principal Planner reviewed the proposals to the Planning Commission. He stated that the first thing staff did with the project was to check the relationship of the project with the General Plan. Staff considered the design interest for major thoroughfares (which includes keeping an open feeling). He reported that M-1 Zoning allows for all components of the store to operate individually so that Page 3 of 11 F 141 Planning Commission Meeting Minutes February 23, 2000 it is a reasonable project to consider on that basis alone. He further reported that, based on site specific dimensions, this proposal would be the best and most logical use of the area. He stated that the proposal includes a two-lot subdivision for the initiation of sub development for the entire parcel. The minimum lot size is 20,000 sq.ft and 40,000 sq.ft. for major thoroughfares. Parcel Two does not comply but can be a part of an integrated Master Plan. Since the number of parking spaces is 82 more than zoning requires,Staff feels that the Parcel Two lot size is acceptable. He finther reported that the Applicant does not currently have any plans for Parcel Two other than the parking that will be needed if the store is as successful as Lowe's other stores. Director stated that some of the first site plans included alternate use for Parcel Two, however, leasehold issues may have been the reason these are not currently being considered. He informed the Planning Commission that once the lot is a designated parcel, it can be sold or leased which could open up requests for alternate use in the future. He explained that a fast-food restaurant, gas station or a mini-market would need a Conditional Use Permit; however, a small office building would not if built by right-of-zone. Planner then reviewed the access to the property for the Planning Commission. Two Planning Commission Study Sessions have addressed this issue. He stated that the primary entrance to the facility is the furthest west access on Ramon Road. He stated that the Engineering Department has studied the unsignalized approach limited to left turn exit only and found it an acceptable alternative to a signaled entrance. He stated that Engineering approval must be obtained before building permits are issued. He explained that the driveway out to Gene Autry Trail is designated for a right turn ingress/egress only,as is the second entrance on Ramon Road. He stated that the most utilized entrance would be the driveway on San Luis Rey which is signalized. A tertiary driveway for deliveries is located on Camino Parocela. He reported that the traffic consultant who was present at the second Planning Commission Study Session reviewing this project did not recommend acceleration and deceleration lanes at this time. The City Engineer agreed that there are no indications that these lanes are, or will be, necessary. Planner informed the Planning Commission that the best location for SunLine Transit stop for the future development parcel would be the major intersection of Ramon Road and Gene Autry Trail. He stated that Staff recommends that the existing bus stop on Ramon Road(which is scheduled to be improved soon) be used. He stated that the building is 30-32 feet high and is pushed back on the lot due to its bulk and size and that Staff will work closely with the Developer to provide a curvilinear bikeway,berming,-and landscape for an interesting and varied look for passers by. Staff is working with Applicant to establish additional pockets of landscaping in the front loading areas. Page 4 of 11 I i Planning Commission Meeting Minutes February 23, 2000 Staff has looked at the feasibility of providing access through westernmost parking stalls and recommends this beat least 100 feet away from the main Ramon Road driveway. Planner reported that store staff parking will be primarily along San Luis Rey and secondarily along the western side of the building. The staging area at the rear of the building and the west side Garden Center would employ decorative split face pilasters. Staff will work with Developer to establish more vertical landscaping in those areas. Planner also stated that stored materials will not go above the 20-foot mesh fencing surrounding these areas. Staff recommends landscaping improvements on face of screen wall off of Camino Parocela. Planner also stated that a detailed environmental assessment found that traffic noise, land use, circulation,and hydrology are acceptable with any required mitigation measures and environmental impact would be insignificant and recommends a Negative Declaration. As described in the Staff Report (Condition 42), the location and configuration of the Disabled Parking stalls is to be determined by the Director and the City Disability Services Coordinator,who recommends a cone-shaped configuration in order to bring disabled customers closer to the front door. Planner reported that the Applicant has a standard metal design for stores throughout the Country. They have asked for guidance from Staff on improved cart storage design. He also reported that a blue ceramic tile field will be used in the recessed area behind the main wall sign which will be properly integrated into the stucco. He clarified that Condition 46 in the Staff Report refers to the westernmost point on Ramon Road and not Gene Autry Trail. Planner stated that Public Hearing Notices were sent to all owners within the 400-foot radius of the project and to Cathedral City and that the Department has not received any comments yet from the public. Director stated that the Tribal Planning Staffs position is favorable toward the project going forward, but they have not yet presented it formally to the Indian Planning Commission. Staff recommends approval of the project. Commissioner Caffery advised that a black mesh material will turn white almost immediately when exposed to water. He also stated that he has concerns regarding any additional home improvement centers locating nearby to compete for business and eventually producing one huge vacant building. Page 5 of II pfao Planning Commission Meeting Minutes February 23, 2000 Director stated that due to the available land this scenario is unlikely and that he recommends keeping the Zone as requiring Architectural Approval. Commissioner Jurasky suggested the use of mature landscaping, rather than the minimums set by zone. Staff will work with Applicant, consult with Design Review Committee and bring the issue back to the Planning Commission. Planning Director stated that an application has been submitted for a grant to landscape the median island on Ramon Road. The City Engineer stated that approval of the grant is likely and estimates a late summer start date for median work. Planner stated that median landscaping is intended to be integrated with parking island landscaping. Chairman invited Public Comments. Roger Bornstein,of Lowe's,came to the podium and thanked the Planning Commission and Staff for their work. He addressed some of the Conditions of Approval in the Staff Report: #16 - He stated that Lowe's would probably be able to accommodate the request for an earth- toned roof. #18 - He asked that the three down spouts at the back of the building be on the outside of the building and stated that it would be architecturally compatible. #27 - He agreed that Lowe's would eliminate all outside paging and sirens but asked for an exception for the Garden Center where there is a 20-foot masonry screen to control noise. #48 - Has not received approval from the BIA yet for extending the landscaping strip; however, he feels he will have approval by the City Council meeting of March 15, 2000. 456- He stated that, originally,Lowe's had requested an alternative to this COA; however, they have reconsidered and accept the condition as stated. #57- Ask that an increase of landscaping be an acceptable alternative for the six-foot wall along Ramon Road. #58- Requested that this COArequiring afive-footwide landscaping planterbe removed because of the heavy truck and garbage hauling traffic in the area. He suggested that a decorative screen wall be an accepted alternative. Margo Williams, Civil Engineer with Mainiero & Smith, came to the podium. She reported that she had received the Engineering Recommendations a few minutes before the meeting and had not had sufficient time to review them in depth;however,would address those issues she could at this time: 42 - She reported that a temporary solution for access to Gene Autry Trail is being sought and she asked for flexibility from City Engineer while the Caltrans process progresses. Page 6 of 11 43L I Planning Commission Meeting Minutes February 23, 2000 94 - She reported that she would research the lease to determine final responsibility for paying the proportionate share of assessments. 99- She stated that she had serious concerns regarding the addition of an eight-foot meandering bike path and the significant reduction of setback area it would require. 424 - Regarding the right-of-way for future sidewalk requirements, she asked for the flexibility to pull the grading permits while work with Caltrans is in process. #39 - She reiterated that this is leased land and that she would check on responsibility for the Assessment District 155 assessment fees. Mr. Sal Green,a long time resident of Palm Springs,came to the podium and thanked the Planning Commission for their consideration of this project. He stated that it has his full support and expressed hope that future projects such as this will be brought to Palm Springs. He then returned to the audience. Mr.John Pontrelli of Cathedral City came to the podium to encourage further support of the project. He stated his belief that Lowe's is an outstanding and needed project for our area. He then returned to the audience. Ms. Tawney Green came to the podium and expressed her support of the project. She stated that Palm Springs will benefit from this project. She welcomed Lowe's to the City and returned to the audience. There being no further appearances, Public Comments was closed. Director recommended that some Staff Report conditions be studied individually at this time: 416.- He encouraged the applicant to use tan or eggshell color for the roof to cut down on a bright reflection in the flight path. 418. Staff met with applicant yesterday regarding down spouts. They have attempted to integrate them into the building and are of no particular concern as they are consistent with application requirements. 427. Director suggested that guidelines be established for audibility off-site of Garden Center paging system. #43. He suggested that, in order to control floating carts, a curbed parking space should be committed for storage. #45. He stated that the blue ceramic tile field may not be a stable color choice for the desert. He confirmed that the time to discuss this further would be at the sign approval process. #48. Regarding continuance of landscaping onto the remainder parcel, Director expressed his confidence that the property owner and lease holder will abide by the intentions of this condition. Page 7 of 11 • i Planning Commission Meeting Minutes February 23, 2000 #51. He cautioned that carefully limiting the outdoor storage in the Garden Center will be critical. 455. Director noted that the street furniture is a welcome amenity for many visitors to the store and encouraged the applicant to make these areas a priority for quality design. #57. Director explained that, historically, screening cars with landscaping does not work and underscored the importance of the six-foot (at a minimum) wall at the staging area along Camino Parocela. He encouraged the applicant to be creative in the wall design. #58. Director agreed with applicant regarding the unsuitability of installing a planter in the loading area. City Engineer reviewed several of the Engineering Report conditions: #2. He stated that the Engineering Department did not intend that all Caltrans requirements must be completed prior to permits being issued. #9. He explained that the eight-foot wide meandering bike path is in addition to the current sidewalk. Director asked for flexibility to ensure that excessive path space is not established. He suggested that they could be creatively mingled as on Sunrise Way. #24. He stated that he believed an additional row of parking may be needed as a right-of-way for the relocation of the existing driveway. 439. He explained that the outstanding balance for the entire parcel on the Assessment District 155 assessment fees must be paid up to their fair share. The Planning Commissioners agreed that a sea of parking spaces is an unacceptable view and will expect parking areas to be screened. They also cautioned that the intensity of landscaping alone may not be enough of a screen. It was also agreed that the view from Gene Autry Trail into the loading dock area must be screened sufficiently. Director suggested that a condition of approval be that landscaping,irrigation,and lighting issues be brought back to the Planning Commission for review. Discussion then focused on the traffic concerns. Director stated that a deceleration lane would make four lanes on Gene Autry Trail,which would be excessive. He explained that the traffic is largely controlled by the traffic signal at Ramon Road and Gene Autry Trail. He also explained that an acceleration lane can be a problem for merging traffic. He stated that it is preferred, for safety reasons, that traffic enter the street at a chosen opportunity rather than in a merging pattern. City Engineer stated that traffic for the entrance off of east Ramon Road is not a concern due to the distance between the exit and the left turn lane for those who intend to make a U-turn. He stated that he thought that traffic would prefer to use the signalized exit on San Luis Rey. He also cautioned that the traffic study divided traffic by using all proposed driveways and if one was eliminated another study would be necessary. Page 8 of 11 Ift .3 Planning Commission Meeting Minutes February 23, 2000 Commissioners expressed that they felt this project is an ideal use for the property which is in the flight path. They urged that mature landscaping be used in the front of the lot. M/S/C(Matthews/Jurasky)6-0; 1 abstain. To approve application for Tentative Parcel Map 29450,Planning Commission Determination 10.425,and Architectural Approval 3.1795 with the following amendments: 1. Design approval of down-spouts in rear of building to be determined by Director of Planning& Building. 2. No new curb cuts in Parcel Two. 3. No food sales without separate land use permit. 4. Landscape and wall plans to be brought back to the Planning Commission for final approval. 5. No rooftop advertising. 6. Share in proportionate costs of median development if pending grant application is not approved. 7. No audible sound off-site. S. Staff to determine appropriate cart storage. 9. Limit outdoor merchandise display to growing plants in front of garden center only. 10. Five-foot wide meandering sidewalk in lieu of eight-foot wide Class I bike path. Director expressed his appreciation for the cooperation and diligence ofthe Lowe's representatives. He explained that their teamwork with staff helped bring this 176,000 square foot building project before the Planning Commission and then City Council within 54 days of original application. Chairman Mills commended Planner Hayes on his excellent presentation and exactness of conditions. Commissioner Caffery was excused due to prior commitments. COMMISSION WORK P OGRAM Director explained that the City Ch er requires that the Work Program be brought before the City Council before March 1, 2000. He er explained that since March 1, 1999 the Work Program has largely been on hold due to various reas@ns including staffing levels. He outlined some of the items he suggested be prioritized for this year's,focus: �\ 1. Noise/Cabaret Ordinance—Director recommended an adjustment to allow for the unique encouragement that the City gives for outdoor entertainment downtown. Page 9 of 11 111, r 0 pA�Sp BROBECK o4 42 HARRISONGER & E� a2a0a CO -{ TELEPHONE: (949) 790-6300 + ` RECEIVED FACSIMILE. (949) 790-6301 LLP L'�C>• 38 TECHNOLOGY WRITER'S DIRECT DIAL: (949) 790-6316 E ATTORNEYS AT LAW I DRIVE EMAIL: MPaskerian@Brobeck.com CALIFORNIA 926 18-3 3 12 March 8, 2000 Via Messenger Ms. Trisha Sanders City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Re: Appeal of Planning Commission Approval (Resolution No 4685) Dear Ms. Sanders: Pursuant to Chapter 2.05 of the Municipal Code for Palm Springs, California, this letter shall constitute Lowe's HIW, Inc.'s ("Lowe's") appeal of Resolution No. 4685 ("Resolution 4685") of the Planning Commission ("Planning Commission") for the City of Palm Springs, California("City") which was passed on or about February 23, 2000. Resolution 4685 concerns the proposed Lowe's Home Improvement Center project off of Ramon Road ("Project"). This firm represents Lowe's, the applicant for the Project; Lowe's address is P.O. Box 1112,North Wilkesboro, North Carolina 28656. Let me preface this letter by stating that Lowe's is excited about developing a retail store off of Ramon Road and looks forward to a long and prosperous relationship with the City. While Lowe's is confident that the matters appealed herein can be satisfactorily resolved, Lowe's feels compelled to file this appeal due to certain unacceptable conditions contained in Resolution 4685. The matters which Lowe's is appealing, and the modifications and relief sought hereby, are as follows: 1. Applicant. We initially note that the Project applicant is shown as "Lowe's Home Improvement Warehouse Western Real Estate Division" in the title block and first recital of Resolution 4685. This is incorrect (as no such entity exists), and the Resolution needs to be modified to reflect"Lowe's HIW, Inc., a Virginia corporation," as the applicant. 2. Landscape Buffer. The third sentence of General Condition of Approval No. 6 (contained in Exhibit A to Resolution 4685) currently provides that: "The landscape and wall program shall be designed to the satisfaction of the Planning Commission or additional parking spaces along street frontages may need to be removed to allow for additional depth between curb and parking spaces for landscaping and mounding to satisfy the concerns of the Planning Commission." Lowe's hereby objects to the inclusion of this sentence in this condition. AUSTIN DENVER IRVINE LONDON LOS ANGELES NEW YORK PALO ALTO SAN DIEGO SAN FRANCISCO WASNINGTON,D.0 OCOLIBIWWP00083601(4@Y801I DOC) BR06ECK PH LEGER& Trisha Sanders HARRISON ur March 8, 2000 Page 2 The landscape areas presented by Lowe's on its site plan meet or exceed all City setback requirements and other regulations, and, therefore, the Planning Commission's request is unwarranted. The ability for the Planning Commission to increase the landscaping buffer at a later date, and thus reduce the primary parking field's depth, effectively permits the Planning Commission to change the fundamental site layout after providing its "approval" of the "final" site plan. This provides Lowe's with no assurance that it has obtained Project approval, and therefore Lowe's could not proceed with the Project. While Lowe's understands and accepts that the Planning Commission is retaining certain review and approval rights over the final landscaping, irrigation and fencing plans, such must be limited solely to such matters within the defined landscaping areas shown on the approved site plan. To allow otherwise would mean that the assurances provided for by Resolution 4685 would be meaningless since the entire site plan, building design and other matters affecting development could be undone at a later date. Additionally, Lowe's cannot reduce the depth of or the number of spaces in the primary parking field due to its internal requirements and policies. As a retailer, Lowe's considers the primary parking field to be a critical component to the successful operation of its stores, and, accordingly, must be assured that the size and configuration of the primary parking field will remain as approved. In light of the above, Lowe's respectfully requests that the third sentence of General Condition of Approval No. 6 be removed in its entirety. Lowe's believes that the Planning Commission's review and approval rights over the landscaping, irrigation and fencing plans is preserved in the first sentence of General Condition of Approval No. 6, as well as in various other areas throughout Exhibit"A" to Resolution 4685. 3. Handicapped Parking. As written, General Condition of Approval No. 42 provides that the final location and configuration of the handicapped parking and parking signage shall be presented on the final landscape plans to be reviewed by the Planning Commission at a later date. The condition currently reads: "The final location and configuration of the handicapped parking area(s) and handicapped parking signage on the property shall be determined by the Disability Services Coordinator and the Director of Planning and building on the final site plan and landscape plans, prior to the issuance of building permits. The final landscape plan shall be reviewed by the Plam-iing Commission in accordance with Condition No. 6 above." Lowe's hereby objects to the City staff s and Planning Commission's retention of review rights over the handicapped parking locations and configuration. As indicated above,the primary parking field is of critical importance to Lowe's and cannot be later modified. Any modifications or changes have long-reaching, dramatic OCOLIBIV M20083601(4@Y501i DOC) Iftak BROBECK PH LECER& Trisha Sanders HARRISON u.r March 8, 2000 ATTORNEYS AT LAW Page 3 effects on the design and operations of the store. Due to the size and requirements associated with handicapped parking, any modifications to the location or confugurlation of these parking spaces will require multiple changes to the primary parking field and site plan. Therefore, the ability for the Planning Commission to later change the location or configuration of the handicapped parking areas is unacceptable. Lowe's believes that any review or approval rights should not be discretionary , but rather should only be administrative in nature. Accordingly, Lowe's respectfully requests that General Condition of Approval No. 42 be replaced with the following: The location and configuration of the handicapped parking areas) shall be as shown on the site plan; compliance with applicable laws and regulations shall be verified by the Disability Services Coordinator prior to issuance of building permit. Handicapped parking signage on the property shall be reviewed and approved by the Disability Services Coordinator and the Director of Planning and Building prior to issuance of building permits. 4. Outdoor Sales Activities. Section 2(b) of Resolution 4685 and General Condition of Approval No. 52 appear to indicate that no outdoor displays of merchandise or sales activities may occur on the Project, except for live plant material displays in front of the garden center. Further, General Condition of Approval No. 52 provides that the location of the outdoor display areas shall be presented on the final landscape plans to be reviewed by the Planning Commission at a later date. Due to the importance of outdoor displays and sales activities and the matters discussed above, Lowe's hereby objects to the inclusion of these sections as written, and requests that these sections be more precisely drafted. Lowe's recognizes that any store's outward appearance has an effect on the local environment in which the store is located. However, Lowe's also recognizes the importance and effect of outdoor displays and seasonal sales activities, and considers this to be a fundamental element of its operations. Accordingly, the limits for outdoor display and sales activities need to be clearly defined for the benefit of the City and Lowe's. Further, the Planning Commission's retention of approval rights over the outdoor display areas is unacceptable to Lowe's for the reasons previously discussed. In light of the above, Lowe's respectfully requests that: (a) The second sentence of Section 2(b) of Resolution 4685 be replaced with: The proposed use will provide a needed service to the community, and its operations will be conducted wholly inside a building, with the exception OCOLIB1WWP0008]601(4@YS01 DOC) EARRISON ECK ER& Trisha Sanders March 8, 2000 AT IOW Page 4 of a 14,580 square foot staging area, a 30,370 square foot fenced garden center area, and incidental outdoor sales displays and activities permitted by the conditions of approval contained in Exhibit "A and (b) General Condition of Approval No. 52 be replaced with: Outdoor display of merchandise shall be prohibited in the passenger pull- off areas in front of the building. The following outdoor display of merchandise and sales activities shall be permitted: (i) the display of live plant material in front of the garden center, (ii) the display of merchandise under the entrance canopy to the building, and(iii) sidewalk and seasonal parking lot sales conducted in accordance with all applicable laws, regulations and guidelines affecting such sales. 5. Assessment District No. 155. The Engineering Department's Conditions of Approval Nos. 4 and 39 (also contained in Exhibit"A"to Resolution 4685) require that Lowe's be responsible for assessments under Assessment District 155. Lowe's hereby objects to the inclusion of these two conditions and requests that these be deleted in their entirety. Lowe's has repeatedly been advised by the City's staff that Lowe's would not be responsible for any obligations under Assessment District 155. Due to the unique characteristics of the ownership of the Project, the obligations under Assessment District 155 were limited solely to the prior tenant; these obligations do not run with the land. In light of the prior assurances of the City's staff and the lack of any legal obligation to make such payments, Lowe's has not provided any allowance for such amounts and is not able to do so. In addition to the main objections identified herein, Lowe's has communicated various comments regarding Resolution 4685 to Mr. Doug Evans and Mr. Steve Hayes in the Department of Planning and Building. These have not been addressed herein as they regard matters of clarification and definition, and do not appear to be substantive in nature. It is Lowe's understanding that Mr. Evans and Mr. Hayes will be suggesting and recommending to the City Council at its upcoming meeting that Resolution 4685 be modified to address Lowe's comments. Accordingly, Lowe's must reserve the right to appeal these matters in the event Resolution 4685 is not so modified. As indicated above, Lowe's is excited about the opportunity to develop a store at this site and to become a member of the Palm Springs' community. However, due to the above referenced matters, Lowe's feels compelled to file this appeal to protect its interests, and 000L1BAMWPL0081601(4©YS01i DOC) 0 r BROBECK PH LEGER& Trisha Sanders HARRISON' LLP March 8, 2000 ATTORNEYS AT LAW Page 5 respectfully requests that Resolution 4685 and the conditions specified therein be modified in accordance with this letter. Pursuant to Section 2.05.030 of the Palm Springs Municipal Code, enclosed please find this firm's check in the amount of$275 (consisting of the $250 filing fee, the $25 microfilming fee). Best regards, Matthew W. Paskerian Enclosure cc: Mr. Doug Evans (via facsimile) Mr. Steve Hayes (via facsimile) Mr. Stephen L. Gale Thomas Maddox, Esq. Mr. Roger Bernstein Michael D. Harris, Esq. Mr. Tom Davis OCOL16 NAWP@00836 01(4@YSOI I OOC) CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND BUILDING INITIAL STUDY Application No(s:): Tentative Parcel Map No. 29450, Architectural Approval Case No. 3.1795, Planning Commission Determination No. 10.425 Date of Completed Application: January 24, 2000 Name of Applicant: Lowe's Home Improvement Warehouse Western Real Estate Division Project Description and Location: A proposed two-lot Tentative Parcel Map for the subdivision of approximately 38 acres to initiate the Phase One development of a 176,519 square foot Lowe's Home Improvement Warehouse on 13.33 acres of the project site,located on the south side of Ramon Road,between Gene Autry Trail and San Luis Rey Drive, M-1 zone, Section 26. Related files include Case No. 10.425, a determination to permit home improvement centers in the M-1 zone and Case No. 3.1795, the major architectural approval of the proposed Lowe's Home Improvement Center. Both applications will be processed concurrently with the Tentative Parcel Map. Cases 10.425 and 3.1795 are final with the Planning Commission unless appealed to the City Council. General Plan Land Use Designation(s): IND (Business/Industrial) Proposed General Plan Land Use Designation(s): No changes proposed Present Land Use(s): Vacant land Existing Zoning(s): M-1 (Service/Manufacturing Zone) Proposed Zoning(s): No changes proposed I. Is the proposed action a"project" as defined by CEQA? (See section 2.6 of State CEQA Guidelines. If more than one project is present in the same area, cumulative impact should be considered). EYes DNo II. If"yes" above, does the project fall into any of the Emergency Projects listed in Section 15269 of the State CEQA Guidelines? DYes ENo III. If"no" on II., does the project fall under any of the Ministerial Acts listed in Section 15268 (b) of the State CEQA Guidelines? ❑Yes ENo IV. If"no"on III., does the project fall under any of the Statutory Exemptions listed in Article 18 of the State CEQA Guidelines? DYes ENo V. If "no" on IV., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply). DYes NNo VI. Project Description: The proposed project contemplates the development of a proposed two-lot Tentative Parcel Map for the subdivision of approximately 38 acres to initiate the phase one development of a 176,519 square foot Lowe's Home Improvement Warehouse on 13.33 acres of the project site,located on the south side of Ramon Road,between Gene Autry Trail and San Luis Rey Drive, M-1 zone, Section 26. Related files include Case No. 10.425, a determination to permit home improvement centers in the M-1 zone and Case No. 3.1795, the architectural approval of the proposed Lowe's Home Improvement Center. Both applications will be processed concurrently with the Tentative Parcel Map. The site is zoned M-I (Service/Manufacturing Zone). At the present time, the proposed use of a Home Improvement Center is not specifically identified in the M-1 zoning district, even though all of the individual products and services are allowable in the M-1 zone. Hence, a Planning Commission determination to allow Home Improvement Centers as a permitted use within the M-1 zone has been submitted and will be reviewed concurrently with the Tentative Parcel Map and Major Architectural Approval applications. The project is located within Section 26, which is part of the Tribal reservation lands for the Agua Caliente Band of Cahuilla Indians. The subject Lowe's site has been leased from the Indian land owner. /)13 / VII. Site Description: The site is currently void of any structures and consists of compacted dirt and other native vegetation. The entire site has been graded. The site slopes minimally from northwest to southeast. Curb, gutter and sidewalk exists along Ramon Road and Gene Autry Trail and curb and gutter exist along San Luis Rey Drive, Camino Parocela and Sunny Dunes Road. The Ramon Road/Gene Autry Trail and Ramon Road/San Luis Rey Drive intersections currently have traffic signals located within the public rights-of-way adjacent to the site. VIII. Surrounding Land Uses: North (across Ramon Road): Vacant land- M-1-P zone South(across Sunny Dunes Road): Vacant land-M-1 zone East (across San Luis Rey Drive): Vacant land-M-1 zone West (across Gene Autry Trail): Service station and light industrial buildings - M-1 zone Surrounding General Plan: Project site: Business/Industrial North: Business/Industrial South: Business/Industrial East: Business/Industrial West: Business/Industrial In addition, a Neighborhood Commercial Center Overlay exists at the intersection of Ramon Road and Gene Autry Trail. 3�. IX. Is the proposed project consistent with: If answered yes or not applicable, no explanation is required) City of Palm Springs General Plan EYes ❑No ❑N/A Applicable Specific Plan oYes ❑No ■N/A City of Palm Springs Zoning Ordinance *Yes ❑No ❑N/A South Coast Air Quality Management Plan EYes oNo ❑N/A Airport Part 150 Noise Study mYes oNo oN/A Draft Section 14 Master Development Plan ❑Yes []No ■N/A X. Are there any of the following studies required? ❑Yes ❑No EN/A 1. Soils Report EYes ONo 2. Slope Study ❑Yes ENo 3. Geotechnical Report ❑Yes ENo 4. Traffic Study NYes oNo 5. Air Quality Study EYes oNo 6. Hydrology NYes oNo 7. Sewer Study ❑Yes mNo 8. Biological Study WYes oNo 9. Noise Study oYes KNo 10. Hazardous Materials Study ❑Yes ENo 11. Housing Analysis ❑Yes ENo 12. Archaeological Report ❑Yes NNo 13. Groundwater Analysis oYes WNo 1033 14. Water Quality Report ❑Yes ENO 15. Other ❑Yes ENO XI. Incorporated herein by reference is the Final Environmental Impact Report on the General Plan Update, Environmental Assessment for proposed Lowe's Development prepared by Enviornmental Equalizers, Inc., Biological Assessment and Impact Analysis of the proposed Lowe's - Palm Springs, prepared by James W. Cornett Ecological Consultants, Lowe's Home Improvement Center Traffic Impact and Air Quality Impact Studies, prepared by Endo Engineering and Preliminary Hydrology Report for Tentative Parcel Map 29450, prepared by Mainiero, Smith and Associates. Potentially Significant !• LAND USE AND PLANNING Potentially Unless Less Than No Would the proposal: Significant Mitigation Significant Impact Impact Incorporated Impact a) Conflict with general plan designation or zoning? (City of Palm Springs Zoning Ordinance ❑ ❑ ■ ❑ and General Plan, F.A.R. Part 150 Noise Compatibility Study) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ ■ c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands,or impacts from incompatible land uses)? ❑ ❑ p ■ e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? I.a)LESS THAN SIGNIFICANT IMPACT. The proposed home improvement warehouse is located on property currently zoned M-I pursuant to the City of Palm Springs Zoning Ordinance. Currently,the Palm Springs Zoning Ordinance permits home improvement centers in the C-S-C(Community Shopping Center)zone;the zoning ordinance does not reference home improvement centers in any other zoning category. A Planning Commission Determination has been submitted by the applicant in conjunction with the Tentative Parcel Map and Architectural Approval applications.The applicant is requesting thatthe Planning Commission determine that home improvement centers become a permitted use within the M-I zone. The purpose ofthe M-I zone is to provide for the development of service industries for commercial and hotel uses and for industrial uses 013V Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact which include fabrication,manufacturing,assembly,or processing of materials that are in already processed for and which to not in their maintenance,assembly,manufacture,or plant operation create smoke,gas,odor,dust,sound,vibration,soot,glare,or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone. Individually, all uses proposed to be contained within the home improvement warehouse are permitted uses within the M-1 zone. It should also be noted that all retail uses permitted in the C-1, C-2, C-M and M-1-P zones (including individual uses contained within the home improvement center)are also permitted uses within the M-1 zone. Furthermore,the site of the proposed home improvement center has adequate vehicular access and is located in a manner which would not create a land use transition impact to adjacent properties or uses. Therefore,the proposed use at the location requested under this application is not anticipated to have an adverse environmental impact relative to both short-term and long-range goals,objectives and policies specified in the City's General Plans of applicable specific plans. 1.b)-e)NO IMPACT. The proposed Tentative Parcel Map 29450,including Phase One development of a 176,519 square foot Lowe's Home Improvement Warehouse is currently on a site designated M-1 pursuant to the City of Palm Springs Zoning Ordinance and for Business/Industrial uses per the City of Palm Springs General Plan Land Use Map. The objective of the Business/Industrial General Plan Designation is to allow business and industrial development as an essential companion of population growth,through the development of planned business/industrial districts,small to medium sized industries and corporate centers. One of the objectives of the Business/Industrial District is to promote the development of support service industries for commercial and hotel uses,which the proposed use clearly addresses. Again,if all uses proposed to be contained within the home improvement warehouse were considered individually,they are permitted uses within the M-1 zone. It should also be noted that all retail uses permitted in the C-1,C-2,C-M and M-I-P zones(including individual uses contained within the home improvement center)are also permitted uses within the M-1 zone. Ramon Road and Gene Autry Trail are specifically mentioned in the General Plan as thoroughfares where automobile-oriented businesses are preferred, as long as aesthetic issues(Mass and bulk, landscaping,etc.)are addressed. Both of these major thoroughfares are identified as Scenic Corridors within the City's General Plan. Again,the proposed Phase One use requires a Planning Commission Determination to be considered by the Planning Commission in conjunction with the Tentative Parcel Map and Major Architectural Approval applications. As for the balance of the property within the boundaries of the Tentative Map area,the future uses and design considerations will be governed by the Business/Industrial General Plan provisions and the development standards of dte M-1 zone. The subject site is surrounded by lands zoned for industrial land use. Potential future uses include office,retail and/or light industrial development,all of which can be integrated easily for a compatible land use transition between future uses and the home improvement center. The proposed uses are not expected to create any land use conflicts for any nearby residents or any other surrounding land uses,conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project,be incompatible with existing land use in the vicinity,affect agricultural resources or operations or disrupt or divide the physical arrangement of an established community. The project site is located on Tribal lands of the Agua Caliente Band of Cahuilla Indians. Staff has consulted with representatives from the Tribal Planning staff. Tribal Planning staff has indicated their support for the project as proposed,as the project will provide a needed use to residents of the area. 2. POPULATION AND HOUSING Would the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? ❑ ❑ ❑ - c) Displace existing housing, especially affordable housing? ❑ 0 ❑ Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 2. a)-c) NO IMPACT. The proposed Tentative Parcel Map 29450 and Major Architectural Approval for Phase One development consisting of a 176,519 square foot Lowe's Home Improvement Warehouse is proposed in an area zoned M-1 and designated Business/Industrial in the City of Palm Springs General Plan. The nearest residential development to the site is located north and east of the site within the City of Cathedral City, approximately one-quarter mile from the site. Residential housing does not exist nor is proposed as part of the overall Master Plan for the property. Based on the number of employees for the new home improvement center (175-200)and the anticipated number of employees for the entire business industrial center,sufficient housing exists within the area to meet the needs of the new employees to the area. Therefore,the project will have no impact on regional or local population projections. Although there is a potential to create a moderate intensity commercial/retail center,no extension of any major infrastructure will be required which could induce substantial growth in the area. Additionally,the project is not of a size to displace existing housing and will provide a desirable service to residents of the immediate area. 3. GEOLOGIC PROBLEMS Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ❑ ❑ ❑ b) Seismic ground shaking? ❑ ❑ ❑ c) Seismic ground failure,including liquefaction? ❑ ❑ ❑ d) Seiche,tsunami,or volcanic hazard? ❑ ❑ ❑ e) Landslides or mudflows? ❑ ❑ ❑ t) Erosion, changes in topography or unstable soil conditions from excavation, grading and fill? ❑ ❑ ❑ g) Subsidence of the land? ❑ ❑ ❑ h) Expansive soils? ❑ ❑ ❑ I) Unique geologic or physical features? ❑ ❑ ❑ j) Is a major landform, ridgeline, canyon, etc. involved? ❑ ❑ ❑ 3. a)-j) NO IMPACT. The subject site is located on the valley floor and is underlain by deposits of alluvium. Because the site is generally level, there are no unique geologic features. There are no known geological hazards present on the site other than groundshaking potential associated with earthquakes. The subject site is not located within any Alquist-Priolo or City adopted special study zone. There are no known unstable earth conditions associated with the project site based on review of the Seismic Safety Element of the City of Palm Springs General Plan;additionally,the nature of the project is such that there is no possibility of creating an unstable situation. The project will be designed to comply with the Uniform Building Code which mandates requirements for seismic safety construction. The developer will be required to submit a precise grading plan along with a soils report for review and approval of the City prior to the issuance of any permits. The soils report will address subsidence of land any the possibility of expansive soils on the property,and the grading plan will be required to be in compliance with the soils report. Therefore,there will be no geologic impacts as a result of the development of this project and the proposed subdivision of the land. /�� Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or rate and amount of surface runoff? - ❑ ■ ❑ ❑ b) Exposure of people or property to water related hazards such as flooding? ❑ ■ ❑ ❑ c) Discharge into surface waters or other alternation of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ ■ d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ ■ e) Changes in currents, or the course or direction of water movements? ❑ ❑ ❑ ■ f) Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ❑ ❑ ❑ ■ g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ ■ h) Impacts to groundwater quality? ❑ ❑ ❑ ■ i) Substantial reduction in the amount of groundwater otherwise available for public public water supplies? ❑ ❑ ❑ ■ j) Are there any on-site or any proposed wells? ❑Yes ■No 4.a)andb). POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The subject site for which Tentative Parcel Map 29450 and Phase One Development of a home improvement center is contemplated is vacant and covered with native vegetation. The proposed project will increase the amount of hard surface which will increase the amount ofsurface runoff. A preliminary hydrology study was completed by Mainiero,Smith and Associates for the project. Two catch basins,storm drain pipes and a retention basin are proposed on the property to capture and retain the incremental increase in runoff associated with development of the property. The retention basin is proposed to be developed immediately south of the proposed home improvement center,across Camino Parccela,and designed to retain runoff associated with a 100-year storm. The final drainage improvement design will need to demonstrate to the satisfaction of the City Engineer as part of the grading plan check process,that surface runoff can be conveyed to an approved drainage carrier(e.g. adjacent roadways). /437 Potentially Signtficant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact Based upon a review ofthe Federal Emergency Management Agency,Preliminary Flood Insurance Rates Maps(Community Panel No. 060257 0007C). Also,it should also be noted that the entire site currently is within a Flood Zone`B"or an area between the limits of a 100-year and a 500-year flood event. Although the City's Zoning Map does currently reflects the property in a watercourse zone,this designation is no longer applicable due to changes made on the Flood Insurance Rate Maps;the property is longer within a flood plain as determined by the Federal Emergency Management Agency(FEMA).The City's Zoning Map will be updated to reflect this change. This project will be designed and required to convey the incremental increase in the 100-year, 1- hour storm. Catch basins are incorporated into the project and designed to capture all of the tributary peak flow in a 100-year, 1-hour storm. These catch basins will connect to the retention basin with underground storm drain pipes designed to convey the 100-year peak flow. The retention basin is designed to retain the maximum incremental increase in runoff,due to development of the 3,6 or 24-hour storm. The retention basin will be required until such time that RCFC facilities are constructed,which have not been scheduled or planned yet. The ultimate intent is that a connection to the RCFC master-planned storm drain system occur when completed.In summary,the development, including the on-site drainage improvements referenced above,will improve the existing drainage conditions by providing a drainage system that will capture and retain,at a minimum the incremental increase in runoff due to development and provide a safe overflow for runoff during storms larger than the 100-year event. The following mitigations shall also be incorporated to reduce hydrological impacts to a level of insignificance: Mitigation Measures: 1. The final capacity(size and depth)of the proposed retention basin shall be determined by the City Engineer prior to issuance of grading permits for Phase One or recordation of the Final Map,whichever occurs first. 2. Upon completion of the RCFC master planned storm drain in the area,the on-site retention basin shall be filled and restored,to the satisfaction of the Director of Planning and Building. 3. Maintenance of the retention basin shall be discussed and determined through the Covenants,Codes and Restrictions(C,C&R's)for the Tentative Parcel Map,to the satisfaction of the City Attorney and City Engineer. 4. The Drainage Acreage fee shall be paid upon issuance of a building permit for all phases of development within the project(Tentative Parcel Map)area,to the satisfaction of the City Engineer. 5. The retention basin shall be landscaped and maintained to the satisfaction of the Director of Planning and Building. In summary,with the relatively small size of the project area,combined with the proposed methods to reduce drainage discussed in the preliminary hydrology report for the project and the mitigation measures discussed above,it is not anticipated that the amount of surface runoff will cause a negative impact upon surrounding roadways and properties. Therefore,with compliance with usual City drainage requirements,impacts resulting from changes in surface runoff will be less than significant. 4.c)throughj). NO IMPACT. Based upon the review ofthe City's General Plan and the knowledge of the Department of Planning and Building and the City Engineer, due to the nature of the project and its location, the project will not create a change in the course or direction of water movements,affect the quantity of ground waters,alter the flow of ground water and there are no wells on the subject site. Additionally,according to the U.S.G.S.Topographical Quadrangle Map,no natural drainage course or flood control channels exist on the site. The site is located over one-quarter mile west of the Whitewater River and one mile north of Tahquitz Creek.Therefore,the project will not be impacted by water and flood related issues nor create impacts on water related issues. 5. AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? LJ El nUB Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ c) Alter air movement, moisture, or temperature,or cause any change in climate? ❑ ❑ ❑ d) Create objectionable odors? ❑ ❑ ❑ 5.a) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The project is generally consistent with the General Plan and the Zoning Ordinance. With the adoption of the General Plan update in 1993, the City Council adopted a Statement of Overriding Considerations regarding air quality. This statement acknowledges that it is not feasible to reduce City-wide growth related impacts to air quality to a level of insignificance at this time. An Air Quality analysis was prepared by Endo Engineering to address potential short and long-term impacts to regional air quality as a result of development of the property. Due to the relatively small size ofthe overall project in regional context and the projected number of employees and patrons at any one time should not have a significant impact on the surrounding area,with the mitigation measures referenced below incorporated herein.The project will also be consistent with the South Coast Air Quality Management District(SCAQMD)CEQA Air Quality Handbook. However,due to project construction and grading activities,short term impacts to air quality could occur.The project will thus need to comply with the City's Fugitive Dust and Erosion Control Ordinance.Therefore,short term impacts(PM10 related)will be mitigated to a level of insignificance. 5. b)-d). NO IMPACT. The project will be located on a site that has vacant land in all directions except to the west. Phase One development is at least 300 feet from development in every direction. Additionally, the size and nature of the project is such that sensitive receptors will not be exposed to additional pollutants or objectionable odors and a change in climate will not occur. With the proposed commercial and retail uses anticipated on the site,all necessary mitigation measures will be required relative to odor control prior to operation. Therefore,no impacts will occur as a result of this project to sensitive receptor and the current climate. Mitigation Measures: Short-term impacts: I. The applicant shall be required to submit a Fugitive Dust Mitigation Plan,prepared in accordance with Chapter 8.50 ofthe Palm Springs Municipal Code regarding Fugitive Dust and Erosion Control,which shall be submitted for review and approval by the Building Official prior to the issuance of a grading permit. 2.The applicant shall be required to comply with all mitigation measures specified in the Air Quality Study prepared for the project,to the satisfaction of the Director of Planning and Building,as follows: a)Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. b)Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. c)Cut and fill quantities will be balanced on-site d)The proposed project will comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code which establishes minimum requirements for construction activities to reduce fugitive dust and PMio emissions. Aplan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the City of Palm Springs for approval prior to the issuance of any grading permits associated with the project. The plan shall specify the fugitive dust control measures to be employed. e)The project proponent shall comply with all applicable SCAQMD Rules and Regulations. In particular,SCAQMD Rule 403 shall be adhered to,insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation,open storage pile,or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 116307 Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 0 A suitable dust control deposit will be required and made prior to grading permit issuance. g)Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. h)Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph,per the PMm SIP. Measures to Reduce Long-Term Impacts The proposed project shall reduce long-term operational emissions by incorporating facilities for alternative transportation modes, implementing energy conservation measures and by reducing VMT. The following measures have been or will be incorporated in the project to mitigate project-related long-term operational impacts. a)The project shall comply with the City of Palm Springs Transportation Demand Management(TDM)Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. b)The project will implement all feasible measures to encourage the use of alternate transportation modes,pursuamto the TDM Ordinance. c)The vehicular circulation system on the project site will be supplemented with a user friendly walking,bicycling and transit environment,pursuant to the City's TDM Ordinance. d)Parking areas of the site should incorporate bicycle spaces and/or other mandated alternative transportation provisions in conformance with current City ordinances. e)The use of energy efficient street lighting and parking lot lighting(low pressure sodium vapor lights)should be considered on-site to reduce emissions at the power plant serving the site. 6. TRANSPORTATION/CIRCULATION Would the proposal result in: a) Estimated Average Daily Trips generated by the project? (S.F = 10; M.F. = 6; or from) ITE): ❑ ❑ ❑ b) Increased vehicle trips or traffic congestion? ❑ ❑ ❑ c) Hazards to safety from design features(e.g.,sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? ❑ ❑ ❑ d) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ e) Insufficient parking capacity on-site or off- site? 0 ❑ 0 Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact f) Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ g) Conflicts with adopted policies supporting alternative transportation (e.g bus turnouts, bicycle racks)? ❑ ❑ ❑ h) Rail,waterborne or air traffic impacts? ❑ ❑ ❑ 6.a) -b) POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The proposed Tentative Parcel Map and Phase One development consisting of a 176,519 square foot Lowe's Home Improvement Warehouse have the potential to generate enough traffic to impact the existing levels of service(LOS)for 13 total intersections in the vicinity,such as the intersections of Ramon Road/Gene Autry Trail,Ramon Road/San Luis Rey Drive,Ramon Road at the main entrance to the home improvement center,Ramon Road/Crossley Road, Gene Autry TrailNista Chino and Gene Autry Trail/Sunny Dunes Road. Based on the potential impacts that the proposed project could have on traffic and circulation in the immediate area,a traffic study was prepared to access all traffic patterns and counts in the immediate area(current and future). Access to the home improvement center is proposed via two driveways on Ramon Road,one driveway on San Luis Rey Drive and one driveway on Camino Parocela. Direct access from Phase One development of the home improvement center to Gene Autry Trail is also proposed. The easterly driveway on Ramon Road will be restricted to right turns into and out of the site,due to the existing median island in Ramon Road. The westerly driveway on Ramon Road will be channelized to prohibit left turn movements leaving the site. This driveway will not meet signal warrants and therefore be unsignalized. In its current configuration,this access will necessitate a relocation of an existing break in the median island on Ramon Road to the western limit of development on the home improvement warehouse. A vehicular link is also proposed between the home improvement center and Gene Autry Trail, which will serve as an extension of Camino Parocela. This egress will be unsignalized and limited to right turn movements in and out of the site,due to the existing median island in Gene Autry Trail. A General Plan designated Class I bike trail also occurs along the Ramon Road frontage of the entire site. It is intended that this important trail link be maintained and enhanced through the development of the entire 38 acre area. Based on traffic counts taken bythe City during April,1998,and Endo Engineering during September and October,1999,the 1999 peak average daily traffic volume on Ramon Road at the intersection of Gene Autry Trail is estimated to be approximately 27,720 vehicles per day,and the peak daily traffic volume on Ramon Road at San Luis Rey Drive is estimated to be approximately 29,510 vehicles per day. Peak hour traffic volumes at the Ramon Road/Gene Autry Trail intersection averaged approximately 4,051 vehicles per hour and 2,492 vehicles per hour at the Ramon Road/San Luis Rey Drive intersection,based upon traffic turning movement diagrams provided within the traffic study. In order to address the increase in traffic associated with the proposed project,a traffic study was prepared by a registered traffic engineer. Traffic volumes at other intersections (existing or proposed)in the immediate area were also accessed. Generally,the traffic counts compiled during the preparation of the traffic study(September and October, 1999)were consistent with those complied in previous studies by City staff in peak season(April, 1998),which could be due to increased tourist activity due to cooler than average weather during the summer and fall of 1999. According to the traffic study, it could be expected that up to 465 unadjusted evening peak hour trips,586 unadjusted mid-day peak hour trips and an average of 5,680 unadjusted vehicle trips per day could be generated by the project during the peak traffic season.The existing and projected levels of service for year 2000,which are currently in the acceptable range for all 13 intersections accessed, are forecast to remain in the acceptable range with existing lane geometries with development of Phase One of the Parcel Map,the home improvement center. However,four key intersections will require mitigation to provide acceptable levels of service in the year 2010,with or without project related traffic. Based on the traffic figures and the above factors in relationship to the project design and scope, mitigations were deemed necessary as a result of the proposed development in the traffic study,as follows: Mitigation Measures: 1. The developer shall comply with the recommended mitigation measures listed in the Traffic Study,as follows: a. To minimize traffic impacts on westbound through movements along Ramon Road,the westbound left-turn pocket at the main site 14# y/ Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact access shall be a minimum of 200 feet long(plus taper); b. To mitigate the impact of relocating the existing median break in Ramon Road westerly to the western boundary of Phase One development,the developer shall be responsible for relocating the existing driveway on the vacant land on the north side of Ramon Road easterly(approximately two-thirds of the distance easterly between Gene Autry Trail and San Luis Rey Drive)and submitting funds to add a left turn pocket when the property to the north develops,to the satisfaction of the City Engineer; d. The developer shall implement any bike lane striping and signage improvements required by the City Engineer and Director of Planning and Building adjacent to the site for the General Plan designated Class I bikeway; e. The final design of the on-site parking lot and site driveways shall be subject to review and approval of the City Engineer and the Director of Planning and Building to insure compliance with City access and design standards; f. STOP signs shall be installed to control exiting site traffic and clear unobstructed sight distances shall be provided at all driveways,to the satisfaction of the City Engineer;and 2. Transportation Uniform Mitigation Fund(TUMF)fees shall be paid upon issuance of building permits for all phases of the proposed project. If possible,the TUMF fees collected for this project shall be used towards the installation of traffic signalization at Gene Autry Trail and Sunny Dunes Road and the addition of a northbound right-turn lane on Crossley Road and Ramon Road. 3. The project shall comply with the City of Palm Springs Transportation Demand Management(TDM)Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. 6. c)-h) NO IMPACT. The site plan for the project has been designed with vehicular access on Ramon Road in two locations: 1)near the western boundary of Phase One development of the home improvement center,designed with no left turn egress from the site;and 2)a right turn ingress/egress approximately one-eighth mile west of San Luis Rey Drive. The San Luis Rey Drive access has been located a sufficient distance southerly of Ramon Road as to not create impacts at the Ramon/San Luis Rey intersection. The project driveways on Camino Parocela and the extension of Camino Parocela to Gene Autry Trail are also located to minimize traffic hazards. Specific emergency access issues will be addressed with each phase of development and the Tentative Parcel Mapped areawill require reciprocal access across the parcels,to the satisfaction of the City Engineer and City Attorney,through the C,C&R's for the map. In addition, provisions for on-site turnaround movements for large emergency vehicles has also been taken into consideration with the proposed development. Access to nearby uses,hazards for pedestrians and/or bicyclists will not result from development of the proposed project and the project will not conflict with adopted policies supporting alternative transportation nor impact rail,waterborne or air traffic. A bus bay turnout will be provided along the Ramon Road frontage,east of San Luis Rey Drive,to augment and facilitate the use of the Sun Line bus transit system. The project proposal will include sidewalks along Ramon Road and Gene Autry Trail(existing),San Luis Rey Drive,Camino Parocela and Sunny Dunes Road as well as pedestrian connections from the public sidewalks to individual pads to further facilitate pedestrian circulation in the area. Additionally, with Phase One of the Master Planned project,a total of 670 parking spaces are proposed for the Home Improvement Center, which exceeds the 588 on-site parking provisions for the use, per Section 9306.00 of the Zoning Ordinance. Employee parking will be primarily restricted to the east and west sides of the building,leaving the main field of parking to the north open for patrons of the facility. Given the proposed and anticipated building heights for the project area,development should not impact operations at the Palm Springs International Airport. Projects will be individually accessed to determine if any potential impacts could occur relative to airport operations. 7. BIOLOGICAL RESOURCES Would the proposal result in impacts to: a) Endangered,threatened,or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? ❑ ❑ Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact b) Locally designated species? ❑ ❑ ❑ ■ c) Locally designated natural communities(e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ ■ d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ ■ e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ ■ f) Is consultation will the California Fish and Game or the Department of Fish and Wildlife Service,as a trustee agency,required? OYES ■NO 7.a)POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The vacant site consists of sandy soils and has native vegetation scattered across the property. The site within the Coachella Valley Fringe Toed Lizard fee area and is subject to a$ 100.00 per acre fee upon issuance of grading permits.Based on a Biological Assessment completed for the project and a site inspection by the Department of Planning and Building,the site is devoid of any sensitive,rare or endangered species of plants or potential habitat for endangered,threatened or rare animal species or their habitats. 7.b)-e) NO IMPACT. The site is presently vacant with native vegetation scattered randomly across the property. The same natural condition exists on the vacant properties north and east of the site in question. The site has been previously graded. No wetland habitats or migration corridors exist on the property. The site is located in an urbanized area of the City,where development exists south and west of the site. Therefore, no potentially significant impacts are expected to occur on plant and animal life as a result of this project Mitigation Measure: 1. Prior to issuance of a grading permit, Coachella Valley Fringe Toed Lizard Mitigation fees shall be submitted to the Department of Planning and Building. 8. ENERGY AND MINERAL RESOURCES Would the proposal create: a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ ■ b) Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ ■ c) Result in the loss of availability of a known mineral resource that would be of a future value to the region and the residents of the State? ❑ ❑ ❑ ■ 8.a)-c) NO IMPACT. Due to the size and nature of the proposed planned development,the project will not conflict or interfere with an energy conservation plan. Although the home improvement center contemplates the development of a drive-up lumber loading area, the facility will be operated in an efficient manner as to minimize the waste of fossil fuels.The project will not conflict with any known energy conservation plans or result in the loss of the availability of a known mineral resource of value. Therefore,this project should not result in a negative impact on energy and mineral resources. /00 Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 9 HAZARDS Would the proposal: a) Be a risk of accidental explosion or release substances(including,but not limited to: oil, pesticides,chemicals,or radiation? ❑ ❑ ❑ b) Create possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ c) Create any health hazard or potential health hazard? ❑ ❑ ❑ d) Create exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ e) Increase the risk of fire hazard in areas with flammable brush, grass or trees? ❑ ❑ ❑ 9. a)-e) NO IMPACT. In the judgment of the Department of Planning and Building,the proposed Tentative Parcel Map and use associated with Phase One development should not be of a hazardous nature and have no adverse negative impact to existing or future uses in the area. Although some potentially hazardous chemicals will be stocked and sold at the proposed home improvement center, all materials associated with the proposed use will be required to be handled and sold in accordance with all local and federal hazardous materials guidelines. The entire site is currently vacant and no known hazardous materials are known to either be existing on the property or buried underground. According to the General Plan,the site would be in a No Fire Risk area. The proposed project will not create any possible interference with an emergency response plan and will not create any health hazard. Therefore,this project will not result in a risk,nor create any health hazards,nor expose people to potential health hazards. 10 NOISE Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ b) Exposure of people to severe noise levels? ❑ ❑ ❑ c) Will the project be compatible with the noise compatibility planning criteria according to Table 6-F of the Palm Springs Municipal Airport F.A.R. Part 150 Noise Compatibility study? MYES ❑NO 10.a)and b). NO IMPACT. The proposed Tentative Parcel Map,with Phase One development of a home improvement center, is not expected to generate noise levels greater than noise levels stated within the Chapter 11.74 of the Palm Springs Municipal Code. Although periodic noise levels have a potential to be higher during periods of construction,this will be temporary in nature and all I *q(/U Jr F Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact vehicles will be required to have adequate muffling devices to insure compliance with the City's Noise Ordinance. The project site is not located in proximity to any sensitive receptor.Outside paging will be limited as not to exceed any noise levels specified in Chapter 11.74 of the Municipal Code. The project is located within the limits of the noise impact combining zone,as identified by the City of Palm Springs General Plan and the Zoning Ordinance,and will be subject to the provisions for construction to mitigate interior noise to a level of insignificance.Therefore,no impact regarding noise is expected to occur as a result of the project. 11. PUBLIC SERVICES Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ ■ Distance to nearest fire station 5000 FT. b) Police protection? ❑ ❑ ❑ ■ c) Schools? ❑ ❑ ❑ ■ d) Maintenance of public facilities, including roads? ❑ ❑ ❑ ■ e) Other governmental services? ❑ ❑ ❑ ■ 11.a)-e) NO IMPACT. The proposed project is within the City's five minute response time for fire service and within a mile of the main Police station. The Palm Springs Fire Department will require that the site be equipped with appropriate fire control measures. The project will be adequately serviced by other public services as well,and school fees are required for all new construction to mitigate any potential impacts to the school district. Although it is anticipated that street widening along Gene Autry Trail will occur in the future,no additional street maintenance issues should result,since the future street widening will also be accompanied by the installation of curb,gutter and sidewalk along the project frontage.Therefore,this project is not expected to impact public services. 12. UTILITIES AND SERVICE SYSTEMS Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ❑ ❑ ❑ ■ b) Communications systems? ❑ ❑ ❑ ■ c) Local or regional water treatment or distribution facilities? ❑ ❑ ❑ ■ d) Sewer or septic tanks? 0 ❑ ❑ ■ Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact e) Storm water drainage? ❑ ❑ ❑ f) Solid waste disposal? ❑ ❑ ❑ g) Local or regional water supplies? ❑ ❑ ❑ E 12,a)-g) NO IMPACT. All utilities and services are currently provided to the subject area. Due to the nature and size of this project, there should be no impacts to utilities and service systems as a result of the project. 13. AESTHETICS Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ b) Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ c) Create light or glare? ❑ ❑ ❑ 13.a)-c) NO IMPACT. The subject site is located adjacent to Ramon Road and Gene Autry Trail, which are City Designated Scenic Corridors pursuant to the General Platt. Objectives and policies set forth in the General Plan regarding Scenic Corridors include but are not limited to the enhancement of visual amenities of local and regional highway travel,the encouragement of landscape medians,the construction of bike trail links,etc.The project does include landscaped parkways along 0 street frontages and the design of the Phase One building includes upgraded architectural features beyond corporate design standards. Undulating landscaped berming with an upgraded landscape palette,dense landscaping and a decorative screen wall will be required along Ramon Road with Phase One and Gene Autry Trail in the future, wrapping around on side streets(Camino Parocela, San Luis Rey Drive and Sunny Dunes Road)and site property lines to screen vehicular and loading activities from view and to aid in screening parking areas from view of the perimeter streets, consistently required throughout the community, as specified in the Zoning Ordinance On-site lighting will be required to comply with all applicable provisions of the Zoning Ordinance,including limiting light and glare beyond the limits of the project site. In addition,the project will introduce recommended design elements,such as,but not limited to,architecturally integrated bus shelters, street furniture and shade trees along all perimeter and interior streets. All phases of the project will be processed as to require all necessary steps of Design Review by staff,any applicable advisory groups,as well as final determination of design acceptability by the Planning Commission. Therefore,this project should not result in negative impacts on aesthetic issues. la. CULTURAL RESOURCES Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ b) Disturb archaeological resources? ❑ ❑ ❑ c) Affect historical resources? ❑ ❑ ❑ 0 d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ Intf Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact e) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ 14.a)-e) NO IMPACT. According to the General Plan, in consultation with the Tribal Planning staff of the Agua Caliente Band of Cahuilla Indians,University of California,Riverside records and according to apretiminary Archaeological Study prepared for the project by Archaeological Associates,the subject site is not located within an Archaeological Resources Area such that no resources of historic or archeological significance are identified on the site. Therefore,no impacts to archeological and historic resources should occur as a result of this project. 15. RECREATION Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ❑ ❑ ❑ b) Affect existing recreational opportunities? ❑ ❑ ❑ 15.a)-b) NO IMPACT. The construction of the proposed planned development is non-residential in nature and will not increase the demand for recreational facilities nor will it affect existing recreational facilities.Therefore,a negative impact on existing or the demand for recreational facilities will not occur as a result of this project. 16. PUBLIC CONTROVERSY a) Is the proposed project or action environmentally controversial in nature or can it reasonably be expected to become controversial upon disclosure to the public? ❑ ❑ ❑ 16. NO IMPACT.The project,which consists of Tentative Parcel Map 29450,Major Architectural Approval Case No. 3.1795 and Planning Commission Determination 10.425(the latter two associated with the specific development of a home improvement center as phase one in the project area)will be considered during public hearings by the Planning Commission and/or City Council,as applicable. In addition,the proposed project has been designed to minimize the potential for public concern in the area.All property owners within a 400 foot radius will be notified of the public hearing for the Tentative Parcel Map application. Thus,in thejudgment of the Department of Planning and Building, the project is not known to be environmentally controversial, nor is it reasonably expected to become controversial upon disclosure to the public. 17• MANDATORY FINDINGS OF SIGNIFICANCE /07 Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal,or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ❑ ❑ ❑ c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and effects of probable future projects.) ❑ ❑ ❑ d) Does the project have environmental effects which will cause substantial adverse effects on human beings? ❑ ❑ ❑ N 17.a)-d) NO IMPACT. This conclusion is based upon the responses in I through 16 of this environmental assessment. Therefore, there should be no potential for a significant impact with the proposed mitigation measures as a result of this project. 18. LISTED BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R.Evans,Director of Planning and Building Steve Hayes,AICP,Principal Planner 19. DETERMINATION On the basis of this initial evaluation: Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact ❑ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described in the Mitigated Negative Declaration. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project is consistent with the Program EIR on: '/PW�12"zry r�� January 24, 2000 Douglas,W Evans Date Director of Planning&Building y � RESOLUTION NO. EXHIBIT A Case Nos. 3.1795 (Major Architectural Approval) Tentative Parcel Map 29450 Lowe's Home Improvement Center South side of Ranson Road, between Gene Autry Trail & San Luis Rey Dr. April 5, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project,all conditions,approvals or reviews listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning and Building, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition (or if no department is specified, then by the Director of Planning and Building). (Resolved) Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. As used herein,references to the"site plan"shall be to that certain site plan prepared by MCG Architects and dated January 5,2000. (Resolved) 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. I a. 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 anmul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case Nos. 3.1795, 10.425 and Tentative Parcel Map 29450. The City of Pahm 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 filly in the defense, the Page 1 of 21 ft3T applicant shall not,thereafter,be responsible to defend,indemnify,or hold harmless the City of Palm Sprigs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. 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 Comity. 3. The mitigation measures of the enviromnental assessment shall apply. The-� b b C33I31Clif- (Resolved) 4. Architectural 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. 5. The appeal period for the Architectural Approval and Tentative Tract Map applications is 15 calendar days from the date of project approval. Pennits will not be issued until the appeal period has concluded. 6a. Final landscaping, irrigation, and fencing plans shall be submitted for approval by the Planning Commission prior to issuance of a building permit. A varied,upgraded landscape and decorative wall program is required along the perimeter streets. Landscape plans shall be approved by the Riverside Comity Agricultural Commissioner's Office prior to submittal. The landscape and wall program shall be designed to the satisfaction of the Plamiing Commission; or 6b. Additional parking spaces along street frontages may need to be removed to allow for additional depth between the curb and parking spaces for landscaping and mounding to satisfy the concerns of the Planning Commission. (The applicant is requesting that part (b) of this condition be deleted. Please refer to Appeal Analysis Item No. 1 regarding this issue.) 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Documient Package to the Director of Planning and Building for review and approval prior to Page 2 of 21 nirl the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. Prior to issuance of a grading pen-nit,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. 9. 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. 10. 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. 11. 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. 12. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 13. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney,with reference to present and future owners of the parcel. 14. 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 require maintenance of all property in a first-class condition and in accordance with all ordinances,with lien rights to recover any maintenance costs incurred, shall be enforceable by the City, and shall not be amended without City approval. In addition, the C,C & R's shall contain any other special provisions contained herein, such as provisions for reciprocal access and parking, to the satisfaction of the City Attorney, Director of Plamiing and Building and the City Engineer. . The applicant shall deposit with the City of Palm Springs $ 2,000.00 for the review of the CC&R's by the City Attorney,and may be required to supplement the deposit to cover the City's actual legal cost. The applicant is requesting to submit a reciprocal access agreement with the adjoining premises in lieu of CC &R's, as the applicant is leasing both Parcels from the owner. The landlord has stated that there will be no CC&R's for the property. Additionally, due to the scope of the agreement, the applicant does not feel it is necessary to submit a$2,000.00 deposit for City Attorney review of Page 3 of 21 n52)%W this document. Considering the leasehold relationship, staff would agree that an easement guaranteed through a reciprocal access agreement would address the concerns of staff in this situation. Staff supports the deletion of the requirement for the S 2,000.00 deposit as the reciprocal access agreement requires only staff review. Staff recommends that Condition No. 14 be deleted. 15. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planing Commission prior to issuance of a Certificate of Occupancy. (Resolved) 16. All materials on the flat portions of the roof shall be earth tone in color. 17. All roof mounted mechanical equipment shall be screened from street level 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. (Resolved) 18. No exterior downspouts shall be pennitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas, except for the three architecturally integrated downspouts on the south side of the building. (Resolved) 19. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 20. 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. (Resolved) 21. The street address mumbering/lettering shall not exceed eight inches in height. 22. 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 permits. 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. Page 4 of 21 ���� 23. Illumination levels in the parking area shall be all average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). 24. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. 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 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building pen-nit 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. 27. No sirens, outside paging or any type of signalization will be pennitted, except approved alarm systems and except for within the garden center area. Outside paging shall be limited as to not be audible off-site. 28. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 29. 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. 30. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 31. Islands of not less than 9 feet in width with a minimurn of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in# 32 below. 32. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. Page 5 of 21 �� 33. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Where wheel stops are provided, individual wheel stops shall be prohibited; a continuous 6" bander curb shall provide wheel stops. (Resolved) 34. 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. 35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 36. 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 'ban accessible". 37. 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. 38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 39. 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. 40. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commmission. (The applicant is requesting to pay the required fees to the Tribe prior to the issuance of building permits. These fees were not paid prior to Planning Commission consideration. This condition is not enforced by the City based on an agreement between the Tribe and the City; it is merely for advisory purposes.) 41. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements.Page 6 of 21 /#S3000 42. The final location and configuration of the handicapped parking area(s) and handicapped parking signage on the property shall be deteniiined by the Disability Services Coordinator and the Director of Planning and building on the final site and landscape plans,prior to the issuance of building permits. The final landscape plan shall be reviewed by the Planning Commission in accordance with Condition No. 6 above. (Applicant and staff close to reaching consensus based upon modified site plan dated March 23,2000.) 43. Decorative screen walls (or acceptable alternate, as approved by the Director of Planning and Building) shall be provided around the perimeter of all cart corrals within the parking area. The finel leeatiott of „ effft eaffals shall be shown on the fitial site plan and fitial lands rn - .a-Ge nniv- if r di , of buikliftg-permits (Resolved) 44. The final design of the screen walls for cart storage adjacent to the entrance to the building shall be reviewed and approved with the final landscape plan. (The applicant is requesting to have the decision regarding the screen wall design be final with the Director of Planning and Building. The Planning Commission requested to specifically review the design of these walls and a modification to this condition would require Council action. Staff recommends that this condition not be modified). 45. A blue ceramic tile field shall be used in the recessed area behind the main wall sign. A material sample of the blue ceramic tile shall be submitted for review and approval of the Director of Planning and Building prior to the issuance of building permits. 46. The final design of the westernmost vehicular access point on Ramon Road (including the proposed median break) shall be reviewed and approved by the City Engineer and the Director of Planning and Building prior to approval of the grading plan for the project. 47. The developer shall be responsible for removing the existing driveway approach and constructing a new driveway approach easterly of the present location on Rai-non Road, on the vacant property on the north side of Ramon Road,directly north of the project site,to the satisfaction of the City Engineer and the Director of Planning and Building. 48. The final design of the landscaping and walls at the terminus(south end)of the main drive aisle into the site from Ramon Road shall be reviewed and approved with the final landscape plan. The landscape and wall design shall be extended on to the Page 7of 21 /#Z remainder parcel to provide a symmetrical terminus statement, with an upgraded "focal point"quality worthy of the visibility of this location on the property. 49. Additional landscaping shall be provided around the outside perimeter ofthe outdoor garden center, as part of the final landscape plan. 50. Special paving hardscape consistent with that shown for the main entrance drive shall be incorporated into the vehicular access points for the easterly driveway off of Ramon Road and for the driveway off San Luis Rey and in the passenger loading zones along the north side of the building. (Resolved) 51. Outdoor storage in the outdoor garden area and staging area shall be limited as to not exceed the height of the perimeter screen fencing around these areas. 52. Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the Lowe's Home Improvement Warehouse,with the exception of live plant material displayed on a daily basis in front of the Garden Center. All proposed outdoor display areas in front of the Garden Center shall be indicated on the final landscape plan,which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. (Please refer to Appeal Analysis Item No. 3 in the staff report regarding this issue.) 53. Additional landscape pockets with vertical landscaping shall be provided along the front(north) side of the building and shall be indicated on the final landscape plan, which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 54. A solid tree"hedge shall be installed at the southeast corner of the site and along the Camino Parocela frontage and shall be indicated on the final landscape plan,which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 55. Pedestrian "nodes" with street famiture, shading, and other pedestrian amenities shall be provided along the north side of the building, to the satisfaction of the Planning Commission. Catalog cuts of all street fonniture shall be reviewed and approved by the Planning Commission as part of the final landscape plan package prior to the issuance of building permits. 56. A direct vehicular access between the parking field and the main(westermmost)drive aisle exiting the site to Ramon Road shall be provided(for exiting traffic only) in a location satisfactory to the CityEngineer and the Director of Planning and Building, at least 100 feet south of the northern property line. Page 8 of 21 /,qr7 , 57. A 6-foot tall decorative screen wall shall be provided in the streetscape area along Camino Parocela and the southern portion of San Luis Rey Drive to further buffer any loading or staging activities on-site from public view. The final design of these walls shall be reviewed and approved by the Planning Commission as part of the final landscape and wall plans for the project, prior to the issuance of building permits. 58. A minimum 5-foot width landscape planters with vertical landscaping shall be provided along the south side of the truck well screen walls,to the satisfaction of the Director of Planning and Building. (The applicant is requesting that, due to certain site planning constraints, this condition be deleted from the conditions of approval. Staff concurs that there are constraints that would prohibit the installation of a landscape planter of any width along the south side of this screen wall and would recommended that staff work with the applicant to agree on an architectural solution to the situation) 59. No curb cuts shall be allowed to perimeter streets (Ramon Road and San Luis Rey Drive) from Parcel 2. 60. Any future food use associated with the home improvement center shall be subject to consideration of a Land Use Permit by the Director of Planning and Building. 61. No roof top advertising or signage shall be permitted on the building. POLICE DEPARTMENT: 62. Developer shall comply with Section II of Chapter 8.04 of the Pahn Springs Municipal Code. WASTE DISPOSAL SERVICES: 63. 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: 64. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 65 Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm Springs Ordinance 1570 , Desert Water Agency requirements,NFPA Standards 13, 14, 24, Page 9 of 21 /J*J7 25, 26, 30, 54, 70, 71,72, 72A, 72D,72E,72F, 72G, 760, 79, 80, 81, 82, 88, 92A,105,110, 231, 231C, Tittle 24, plus 1999 Underwriters Laboratory and California State Fire Marshal listings and requirements. 66. Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, See. 902 and City of Palm Springs Ordinance 1570. Access roads shall have an Lmobstructed width of not less than 20' and an unobstructed vertical clearance of not less than 14'6". 67. Required marking of Fire apparatus Roads and Fire-Protection Equipment shall be in accordance with the 1998 California Fire Code,Article 9, Sec. 901.4. 68. Fire Department Access Roads shall be all weather driving and support a minimum weight of 65,700 lbs. Turning radius shall be not less than 43' from centerline per City of Palm Springs Ordinance 1570. 69. Construction site fencing required per City of Palm Springs Ordinance 1570 if combustible construction is 5,000 Sq.Ft. or more. 70. Construction site fire department access gates shall be at least 14' in imobstructed width and be equipped with a KNOX lock. Contact this office for KNOX application forms. 71. A construction site guard is required for combustible construction over 10,000 Sq. Fr. Or when the Fire Marshal deems necessary. The guard shall remain intact until all buildings are stuccoed or covered and secured with lockable doors and windows. The guard must be on duty at the construction site during all normal non-working hours or as the Fire Marshal deems necessary. 72. Where underground water mains are to be provided for fire protection,they shall be installed, completed and in service with fire hydrants or standpipes located as directed by this office, but not later than the time when combustible materials are delivered to the construction site. 73. Provide a hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 74. Facility KNOX Lock Boxes required per 1998 California Fire Code,Article 9, Sec. 902.4 Locations to be determined by field inspector. The KNOX Fire/Police/Ambulance Rapid Entry System is the only Lock Box,Lock Vault,Key Cabinet,Key Switch,Padlock,FDC Cap, or Decal approved for uses by the City of Palm Springs Fire Department. Contact this office for KNOX application Fonn. 75. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Page 10 of 21 /Aff 76. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 77. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article 9, Sec. 903 and Desert Water Agency. 78. A. Commercial (H-2 Type) Fire Hydrant meeting Desert Water Agency specifications shall be installed every 300'or portion thereof or as determined by this office. 79. Adjust existing Fire Hydrant Locations to correspond with driveway and fire lane location. 80. Installations of Private Fire Service Mains and their Appurtenances shall be in accordance with NFPA 24, 25 and 26. 81. Portable Fire Extinguishers shall be installed in accordance with 1998 California Code,Article 10, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75' of floor or grade travel distance. Machine room(s)require a minimum of a 10- B:C extinguisher. 82. Premises identification shall be in accordance with 1998 California Fire Code, Article 9, Sec. 901.4.4 and 1998 California Building Code, Chapter 5. Contact building official. 83. An Automatic fire extinguishing system equipped with 24 hour monitoring required in accordance with 1998 California Fire Code Article 10, See. 1003, 1998 California Building Code, Chapters 3,4,5,9,10 Palm Springs Ordinance 1570 and NFPA 13. 84. The installation or modification of an Automatic Fire Sprinkler System shall only be done by a licensed C-16 Fire Sprinkler Contractor in accordance with the 1998 California Fire Code, 1998 California Building Code and NFPA Pamphlet 13. Contractor to submit detailed plans directly to this office as soon as possible. 85. Submittal to include manufacturers data/cut sheets and listings with expiration dates on all equipment and materials used. Include hydraulic calculations with submittal. Sprinkler heads shall be UL/CSFM listed and approved. Monitoring and alarms shall be in accordance with the 1998 California Fire Code and NFPA 71 and 72. 86. All underground piping to be installed in accordance with NFPA 24. 87. All underground fire service pipe and thrust blocks to be inspected by this office before backfilling. 88. Contact this office at least 24 hours in advance for inspections and tests. Page 11 of 21 / #46 89. Standpipes shall be installed in accordance with 1998 Uniform Fire Code,Article 10, Sec. 1004 and 1998 California Building Code Chapter 9, Standard 9-2. 90. Fire Alarm System required. Installation and maintenance of a fire alarm system shall be in accordance with the 1998 California F ire Code, Article 10, Sec. 1007, Title 24,plus NFPA Pamphlets 71,72 and 760. 91. Submit detailed fire alarm plans directly to this office for review as soon as possible. Submittal shall include manufacturers data/cut sheets and UL/CSFM listings with expiration dates on all equipment and materials used. Include battery calculations with submittal. 92. The installation of the Fire Alarm System shall comply with the 1998 Califor is Fire Code, 1998 California Building Code, Title 24 and 1998 NFPA 71,72 and 760. 93. Installation,Maintenance and use of Signaling Systems for Central Station Use shall be in accordance with NFPA 70,71 and 760, UL and CSFM listings and approvals. 94. Provide this office with a letter for file from the UL listed Central Station identifying them as the designated provider. This office to be notified immediately in letter form of any changes or cancellations of service. 95. Fire Dampers shall be provided where air ducts penetrate fire-rated walls or ceilings per 1998 California Building Code. Contact building official for requirements and testing. 96. Smoke Dampers and Activating smoke and or Heat Detectors shall be in accordance with the 1998 California Building Code and must be installed separately from the Fie Alarm System. The signals for these devices shall not be included with any fire alarm or waterflow signal. Contact building official for requirements and testing. 97. Exit Doors, Gates,Barriers, Stairways and Ramps shall be in accordance with 1998 California Building Code. Contact Building official. 98. Exit Illumination and Exit Signs shall be in accordance with 1998 California Building Code and shall be electrically illuminated. Contact building official. 99. Low Level exit signs and their placement, where required by 1998 California Building Code, Chapter 10 and building official, shall be Nuclear type as approved by this office. 100. Flame Retardant Treatment and Standards shall be in accordance with 1998 California Fire Code. Contact building official. Submit certificates directly to this office for file as soon as possible. Page 12of21 � �1 101. Occupant Load (Room Capacity) and Signage shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002. Contact buulding official for calculation and posting. 102. Provide this office with an 8 ''/z" X I I" site plan. 103. Additional continents may be provided during plan check. ENGINEERING DEPARTMENT: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Pahn Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Developer shall obtain State permits and approval of plans for all work done on State Highway III (Gene Autry Trail South). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City of Palm Springs Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. (The applicant is requesting that the second sentence be re-written to say"A copy of any Caltrans permits or approvals shall be submitted to the City Engineer." The applicant feels that the modification would allow the applicant to expedite construction of the project without delays caused by Caltrans.) 3. The property owner shall enter into a reciprocal access agreement for pares artd-ingress and egress from Gene Autry Trail South and Ramon Road East with the owner(s), master lease and all sub-leases and provide a copy of same to the City Engineer prior to issuance of building permit. 4. The developer shall pay his proportionate share of Assessment District 155 assessments. (Please refer to Appeal Analysis Item No. 4 in the staff report for a discussion of this issue.) RAMON ROAD EAST /060L Page 13 of 21 5. The property owner shall dedicate an easement for additional right-of-way to provide 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. 6. The Main Entry on Ramon Road East shall be 67 feet wide with two (2) lanes in and one(1)lane out and a median island designed to channelize and prohibit left turn egress westbound onto Rai-non Road East. 7. The EAST driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. The driveway shall be restricted to right turn in and right turn out only vehicular movements. S. Construct a curb rarnp meeting current California State Accessibility standards at the NORTHEAST corner of the subject property and BOTH SIDES of the MAIN DRIVEWAY per City of Palm Springs Sid.Dwg.Nos. 212 and 212A. 9. Construct a 5 foot wide natural colored concrete Portland cement meandering sidewalk in the landscape easement area. Location shall be shown on the grading plan and shall be consistent with the landscape plan. (The applicant is asking to have the word "easement" eliminated from the first sentence of this condition. Common practice is for all public sidewalks to be within the public right-of-way or within a dedicated easement.) 10. Provide a left turn pocket on the NORTH side of the Ramon Road East at Main Entry intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begun. The storage length of the turn pocket shall be 200 feet. The design shall be approved by the City Engineer. 11. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK along the project frontage shall be repaired or replaced. (Resolved) 12. Relocate the existing roadway for the parcels (APN 677-420-019 and 020) on the north side of Ramon Road East easterly approximately 260 feet (measured from centerline of existing roadway to centerline of proposed roadway). The roadway shall be 50 feet wide with 35 foot curb returns and constricted to the ECRs. The east and west halves of an eight foot 8 cross gutter and spandrel shall be constructed with the flow line parallel with the centerline of Ramon Road The existing roadway shall be removed and replaced with 8 inch curb and gutter. Page 14 of 21 / ��� (The applicant is requesting to use the words "driveway approach' where the word "roadway" is being used. Also,the applicant is asking to have the words"and constructed to the ECRs"stricken from the end of the second sentence. The driveway approach lines up with a future roadway that will provide shared access for the parcels. The roadway is a "paper" roadway only and the driveway approaches were the only part of the roadway ever constructed. The intent of the condition does not change with the applicants suggested language.) 13. Construct a median island break with left turn lane for access to the new roadway accessing the property on the north side of Ramon Road East. The storage length of the turn pocket shall be 100 feet 14. The developer shall pay his fair share contribution in the amount of$2244.00 for the construction of the northbotuid Crossley Road right turn lane at the intersection with Ramon Road East. 14A. If the pubic grant application for landscaping the Ramon Road median island is not granted during the 2000 calendar year, the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped,raised median island across the project frontage as specified by the City Engineer and Director of Planning and Building. (The applicant is requesting to add the following sentence to the end of this condition: "Notwithstanding the preceding sentence, if the applicant shall make such payment and thereafter said grant shall be obtained, then the applicant shall be reimbursed by the City any such payment.") 14B. No new future curb cuts shall be allowed for Parcel 2 as shown on TPM 29450. All access to this parcel shall be from Parcel 1 as shown on said map. The City Engineer shall receive a copy of the recorded reciprocal access agreement for this parcel prior to issuance of building permits for buildings on Parcel 2. (Resolved) SAN LUIS REY 15. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 16. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Page 15 of 21 / 17. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST comer of the subject property per City of Patin Springs Std. Dwg. Nos. 212 and 212A. 18. All broken or off grade CURB, GUTTER, SIDEWALK AND AC PAVEMENT along the project frontage shall be repaired or replaced. (Resolved) CAMINO PAROCELA 19. Construct a 6 inch curb and gutter, 25 feet NORTH of centerline along the entire frontage,with a 35 foot radius curb return at the SOUTHEAST comer of the subject property per City of Palm Springs Standard Drawing No. 200. 20. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 21. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 22. Remove and replace existing 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,fiom clean saw cut edge of existing pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. The pavement section shall be designed,using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. (The applicant is requesting to have this condition re-worded as follows: "Remove one foot of existing pavement and construct new pavement from clean saw cut edge of existing pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. The pavement section shall be designed,using "R"values,by a licensed Soils Engineer and submitted to the City Engineer for approval and shall be 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." According to the Engineering Division,the width of the pavement strip may be need to be wider or further in toward the middle of the street and will need to be determined in the field. It is not intended that the developer will have to re-construct the entire half street; the intent is only to form a clean transition from existing street to new gutter with a Page 16 of 21 J14 rtl' saw cut edge. Therefore, the condition is recommended to remain as originally written.) 23. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK along the project frontage shall be repaired or replaced. GENE AUTRY TRAIL SOUTH 24. Dedicate an additional right-of-way for the relocation of the existing driveway approach and future sidewalk requirements. 25. The existing driveway approach,whose centerline is located 355 feet±south of the centerline of Ramon Road East,shall be relocated.The new driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 32 feet. (Resolved) 25A. If the pubic grant application for landscaping the Gene Autry Trail median island is not grained during the 2000 calendar year, the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped,raised median island across the project frontage as specified by the City Engineer and Director of Plam-ing and Building. (Staff recommends that the City Council delete this condition as the project(Tentative Parcel Map and Lowe's development) does not have frontage on Gene Autry Trail.) SANITARY SEWER 26. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 27. 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. 28. Submit a Grading Plan prepared by a Registered Professional 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 permits. Page 17 of 21 / ` Minimum submittal includes the following: A. Copy of fmal 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. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep -to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Constriction Activity Storm Water Permit from the State Water Resources Control Board(Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior-to issuance of the grading permit. 31. 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. 32. 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. 33. Contact the Building Division to get PM10 requirements prior to request for grading permit. DRAINAGE 34. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or Page 18 of 21 11147 other measures approved by the City Engineer shall be required if off-site facilities are deternined 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. 35. The project is subject to flood control and drainage implementation fees.The acreage drainage fee at the present tine is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 36. The minimum pavement section for all on-site streets/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. 37. Construct a minimum 32 foot wide paved access driveway to Gene Autry Trail South as shovtni on the approved site plan. 38. The on-site parking lot shall be constricted in accordance with City of Palm Springs Zoiung Ordinance, Section 9306.00. GENERAL 39. The developer shall contact the City of Palm Springs Finance Department regarding a respread of the Assessment District 155 assessment fees. Developer shall be required to pay the cost of said recalculation and shall be liable for payment of said fees deternined for this development. (Please refer to Appeal Analysis Item No. 4 in the staff report for a discussion of this issue.) 40. 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. 41. All proposed utility lines on/or adjacent to this project shall be tmdergrounded prior to issuance of a Certificate of Occupancy. (The applicant is requesting to have this condition state "All new proposed utility lines on/or servicing this project shall be undergrounded prior to issuance of a Certificate of Occupancy." There are currently no above ground utility lines on or adjacent to the property in question. The condition is only intended to address the Page 19 of 21 /A 67 service required for the new structure(s) associated with the development of the project.) 42. 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. 43. Nothing shall be constructed or planted in the corner 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. 44. All proposed trees withii 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. MAP 45. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom,and copies of record documents shall be submitted with the Parcel Map to the Engineering Division. 46. The existing lots or parcels shall be divided. The developer shall submit a parcel map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division.This condition shall be complied with before issuance of grading or building permits. TRAFFIC 47. The developer shall provide a minimum of 48 inches of sidewalk clearance aromnd 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 RAMON ROAD EAST, SAN LUIS REY and CAMINO PAROCELA frontages of the subject property. 48. 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 Corner of Main Entrance @ Ramon Road East SE Corner of East Driveway @ Ramon Road East Page 20 of 21 �� SW Comer of Driveway @ San Luis Rey NW Corner of Driveway @ Camino Parocela NE Corner of Driveway @ Gene Autry Trail South 49. The developer shall install `No Left Turn' signs and `One Way' signs as required by the City Engineer. 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the RAMON ROAD EAST, SAN LUIS REY, CAMINO PAROCELA AND GENE AUTRY TRAIL SOUTH frontages prior to issuance of a Certificate of Occupancy. 51. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST comer of Gene Autry Trail South and project driveway with the mast arm over Gene Autry Trail South. The pole and luminaire shall be furnished by the developer. 52. The developer shall install a 16,000 lumen high pressure sodiurn vapor safety street light with glare shield on a marbelite pole on the SOUTHWEST corner of San Luis Rey and driveway with the mast arm over San Luis Rey. The pole and luminaire shall be finnished by the developer. 53. The developer shall install a 16,000 lumen highpressure sodium vapor safety street light with glare shield on a marbelite pole on the SOUTHEAST corner of Ramon Road East and Main Entry with the mast arm over Ramon Road East. The pole and luminaire shall be furnished by the developer. 54. 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. 55. This property is subject to the Transportation Uniform Mitigation Fee based on the RETAIL/SERVICE ITE Code A land use. Page 21 of 21 /070 CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING Appeal of Case No. 3.1795 (Major Architectural Approval) Lowe's Home Improvement Warehouse South side of Ramon Road, between Gene Autry Trail and San Luis Rey Drive NOTICE IS IEREBY GIVEN that the City Council of the City of Palm Springs,California,will hold a public hearing at its meeting of April 5, 2000. The City Council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an appeal by Lowe's HIW, Inc., a Virginia Corporation, of certain conditions of approval adopted by the Planning Commission on February 23, 2000 in conjunction with the Major Architectural Approval Application for the proposed development of a 176,519 square foot Lowe's Home Improvement Warehouse on 13.33 acres located on the south side of Rai-non Road, between Gene Autry Trail and San Luis Rey Drive, M-1 zone, Section 26. This appeal will be heard concurrently with Tentative Parcel Map No.29450,a proposed two-lot Tentative Parcel Map for the subdivision of approximately 38 acres to initiate the proposed development of the Lowe's IIome Improvement Warehouse. An Environmental Assessment/Initial Study has been prepared in conjunction with the Tentative Parcel Map and Major Architectural Approval application and will be reviewed by the City Council at the meeting. Potential impacts from the project include traffic and circulation, hydrology, and air quality with respect to short-term construction activity. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way,Palm Springs,and submit written comments to the City Council at,or prior to,the City Council hearing. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PATRICIA A. SANDERS City Cleric Publish: March 22, 2000 PALM City of Palm Springs ti Office of the City Clerk oHPoaar¢a� k 3200 Tahquia Canyon Way • Palm Springs,California 92262 TEL:(760)323-8204 •TDD:(760)364-9527 March 10, 2000 Brobeek, Phleger&Harrison, LLP Atten: Matt Paskerian 38 Technology Drive Irvine, CA 92618 Dear Mr. Paskerian: RE: Appeal of Palm Springs Planning Commission Res 4685: This will acknowledge receipt of your appeal on behalf of Loews HIW Inc., for Planning Commission approval of said project and payment of the required fee of$275. Your appeal will be set for hearing before the City Council on April 5, 2000, at 7 p.m., in the Council Chamber, 3200 Tahquitz Canyon Way; notice of the hearing will be mailed at least ten days prior to the day of the hearing. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the meeting, please furnish 10 copies to me no later than March 29, 2000. PATRICIA A. SANDERS City Clerk cc: Planning Post Office Box 2743 0 Palm Springs, California 92263-2743 ppLM Sp BROBECK PH LEGER & E 820 W REGENE� TELEPHONE: (949) 790-6300 HARKISON FACSIMILE: (949) 790-6301 i-t-P 38 TECHNOLOGY DRIVE WRITERS DIRECT DIAL: (949) 790-6316 ATTORNEYS AT LAW 1RVINE EMAIL: MPaskerian@Brobeck.com CALIFORNIA 92618-5312 March 8, 2000 Via Messenger Ms. Trisha Sanders City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Re: Appeal of Planning Commission Approval (Resolution No. 4685) Dear Ms. Sanders: Pursuant to Chapter 2.05 of the Municipal Code for Palm Springs, California, this letter shall constitute Lowe's HIW, Inc.'s ("Lowe's") appeal of Resolution No. 4685 ("Resolution 4685") of the Planning Commission ("Planning Commission") for the City of Palm Springs, California("City") which was passed on or about February 23, 2000. Resolution 4685 concerns the proposed Lowe's Home Improvement Center project off of Ramon Road ("Project"). This finn represents Lowe's, the applicant for the Project; Lowe's address is P.O. Box 1112,North Wilkesboro, North Carolina 28656. Let me preface this letter by stating that Lowe's is excited about developing a retail store off of Ramon Road and looks forward to a long and prosperous relationship with the City. While Lowe's is confident that the matters appealed herein can be satisfactorily resolved, Lowe's feels compelled to file this appeal due to certain unacceptable conditions contained in Resolution 4685. The matters which Lowe's is appealing, and the modifications and relief sought hereby, are as follows: 1. A plp icant. We initially note that the Project applicant is shown as "Lowe's Home Improvement Warehouse Western Real Estate Division" in the title block and first recital of Resolution 4685. This is incorrect(as no such entity exists), and the Resolution needs to be modified to reflect"Lowe's HIW, Inc., a Virginia corporation," as the applicant. 2. Landscape Buffer. The third sentence of General Condition of Approval No. 6 (contained in Exhibit A to Resolution 4685) currently provides that: "The landscape and wall program shall be designed to the satisfaction of the Planning Commission or additional parking spaces along street frontages may need to be removed to allow for additional depth between curb and parking spaces for landscaping and mounding to satisfy the concerns of the Planning Commission." Lowe's hereby objects to the inclusion of this sentence in this condition. AUSTIN DENVER IRVINE LONDON Los ANGELEs NEWYORK PALOALTO SANDIEGO SANFRANCISCO WA=GTON,D.C. OCOLIBIWWEV008]601(4@Y5011 DOC) BROBECK PH LEG ER& Trisha Sanders HARRISON ur March 8, 2000 AiiOPNEYS Ai LAW Page 2 The landscape areas presented by Lowe's on its site plan meet or exceed all City setback requirements and other regulations, and, therefore, the Planning Commission's request is unwarranted. The ability for the Planning Commission to increase the landscaping buffer at a later date, and thus reduce the primary parking field's depth, effectively permits the Plamiing Commission to change the fundamental site layout after providing its "approval" of the "final" site plan. This provides Lowe's with no assurance that it has obtained Project approval, and therefore Lowe's could not proceed with the Project. While Lowe's understands and accepts that the Planning Commission is retaining certain review and approval rights over the final landscaping, irrigation and fencing plans, such must be limited solely to such matters within the defined landscaping areas shown on the approved site plan. To allow otherwise would mean that the assurances provided for by Resolution 4685 would be meaningless since the entire site plan, building design and other matters affecting development could be undone at a later date. Additionally, Lowe's cannot reduce the depth of or the number of spaces in the primary parking field due to its internal requirements and policies. As a retailer, Lowe's considers the primary parking field to be a critical component to the successful operation of its stores, and, accordingly, must be assured that the size and configuration of the primary parking field will remain as approved. In light of the above, Lowe's respectfully requests that the third sentence of General Condition of Approval No. 6 be removed in its entirety. Lowe's believes that the Planning Commission's review and approval rights over the landscaping, irrigation and fencing plans is preserved in the first sentence of General Condition of Approval No. 6, as well as in various other areas throughout Exhibit"A" to Resolution 4685. 3. Handicapped Parking. As written, General Condition of Approval No. 42 provides that the final location and configuration of the handicapped parking and parking signage shall be presented on the final landscape plans to be reviewed by the Planning Commission at a later date. The condition currently reads: "The final location and configuration of the handicapped parking area(s) and handicapped parking signage on the property shall be determined by the Disability Services Coordinator and the Director of Planning and building on the final site plan and landscape plans, prior to the issuance of building permits. The final landscape plan shall be reviewed by the Planning Commission in accordance with Condition No. 6 above." Lowe's hereby objects to the City staff s and Planning Commission's retention of review rights over the handicapped parking locations and configuration. As indicated above, the primary parking field is of critical importance to Lowe's and cannot be later modified. Any modifications or changes have long-reaching, dramatic OCOLIB I P\20085601(q@YSCII OOC) I3ROQECK PH LEG ER& Trisha Sanders HARRISON ur March 8, 2000 PIiOPNEYS qi 1pW Page 3 effects on the design and operations of the store. Due to the size and requirements associated with handicapped parking, any modifications to the location or configuration of these parking spaces will require multiple changes to the primary parking field and site plan. Therefore, the ability for the Planning Commission to later change the location or configuration of the handicapped parking areas is unacceptable. Lowe's believes that any review or approval rights should not be discretionary , but rather should only be administrative in nature. Accordingly, Lowe's respectfully requests that General Condition of Approval No. 42 be replaced with the following: The location and configuration of the handicapped parking areas) shall be as shown on the site plan; compliance with applicable laws and regulations shall be verified by the Disability Services Coordinator prior to issuance of building permit. Handicapped parking signage on the property shall be reviewed and approved by the Disability Services Coordinator and the Director of Planning and Building prior to issuance of building permits. 4. Outdoor Sales Activities. Section 2(b) of Resolution 4685 and General Condition of Approval No. 52 appear to indicate that no outdoor displays of merchandise or sales activities may occur on the Project, except for live plant material displays in front of the garden renter. Further, General Condition of Approval No. 52 provides that the location of the outdoor display areas shall be presented on the final landscape plans to be reviewed by the Planning Commission at a later date. Due to the importance of outdoor displays and sales activities and the matters discussed above, Lowe's hereby objects to the inclusion of these sections as written, and requests that these sections be more precisely drafted. Lowe's recognizes that any store's outward appearance has an effect on the local environment in which the store is located. However, Lowe's also recognizes the importance and effect of outdoor displays and seasonal sales activities, and considers this to be a fundamental element of its operations. Accordingly,the limits for outdoor display and sales activities need to be clearly defined for the benefit of the City and Lowe's. Further, the Planning Commission's retention of approval rights over the outdoor display areas is unacceptable to Lowe's for the reasons previously discussed. In light of the above, Lowe's respectfully requests that: (a) The second sentence of Section 2(b) of Resolution 4685 be replaced with: The proposed use will provide a needed service to the community, and its operations will be conducted wholly inside a building, with the exception OCOLIB IW WP@00816 01(4@VS01I OOC) BROBECK PH LEG ER& Trisha Sanders HARRISON ur March 8, 2000 iiOPNEVS Ai LpW Page 4 of a 14,580 square foot staging area, a 30,370 square foot fenced garden center area, and incidental outdoor sales displays and activities permitted by the conditions of approval contained in Exhibit "A" . and (b) General Condition of Approval No. 52 be replaced with: Outdoor display of merchandise shall be prohibited in the passenger pull- off areas in front of'the building. The following outdoor display of merchandise and sales activities shall be permitted: (i) the display of live plant material in front of the garden center, (ii) the display of merchandise under the entrance canopy to the building, and(iii) sidewalk and seasonal parking lot sales conducted in accordance with all applicable laws, regulations and guidelines affecting such sales. 5. Assessment District No. 155. The Engineering Department's Conditions of Approval Nos. 4 and 39 (also contained in Exhibit "A" to Resolution 4685) require that Lowe's be responsible for assessments under Assessment District 155. Lowe's hereby objects to the inclusion of these two conditions and requests that these be deleted in their entirety. Lowe's has repeatedly been advised by the City's staff that Lowe's would not be responsible for any obligations under Assessment District 155. Due to the unique characteristics of the ownership of the Project, the obligations under Assessment District 155 were limited solely to the prior tenant; these obligations do not run with the land. In light of the prior assurances of the City's staff and the lack of any legal obligation to make such payments, Lowe's has not provided any allowance for such amounts and is not able to do so. In addition to the main objections identified herein, Lowe's has communicated various comments regarding Resolution 4685 to Mr. Doug Evans and Mr. Steve Hayes in the Department of Planning and Building. These have not been addressed herein as they regard matters of clarification and definition, and do not appear to be substantive in nature. It is Lowe's understanding that Mr. Evans and Mr. Hayes will be suggesting and recommending to the City Council at its upcoming meeting that Resolution 4685 be modified to address Lowe's comments. Accordingly, Lowe's must reserve the right to appeal these matters in the event Resolution 4685 is not so modified. As indicated above, Lowe's is excited about the opportunity to develop a store at this site and to become a member of the Palm Springs' community. However, due to the above referenced matters, Lowe's feels compelled to file this appeal to protect its interests, and OCOLI9 I QNWPM0836 01(4©Y501I DOC) BROBECK PHLEGER& Trisha Sanders FIARRISON' ur March 8, 2000 oRNE. A. Aw Page 5 respectfully requests that Resolution 4685 and the conditions specified therein be modified in accordance with this letter. Pursuant to Section 2.05.030 of the Palm Springs Municipal Code, enclosed please find this firm's check in the amount of$275 (consisting of the $250 filing fee, the $25 microfilming fee). Best regards, L Matthew W. Paskerian Enclosure cc: Mr. Doug Evans (via facsimile) Mr. Steve Hayes (via facsimile) Mr. Stephen L. Gale Thomas Maddox, Esq. Mr. Roger Bernstein Michael D. Harris, Esq. Mr. Tom Davis OCOUBIV P�0063601(4Ci Y5n i I DOC) BROBECK PH LEGER & HARRISON TELEPHONE: (949) 790-6300 FACSIMILE: (949) 790-6301 L L P 38 TECHNOLOGY DRIVE WRTTER's DIRECT DIAL: (949) 790-6316 ATTORNEYS AT LAW IRVNE EMAIL: MPaskerian@Brobeck.com CALIFORNIA 92618-5312 Enclosure Memorandum March 8, 2000 VIA FACSIMILE To: Mr. Doug Evans Director of Planning and Building City of Palm Springs Mr. Steve Hayes Planner City of Palm Springs Re: Lowe's-Palm Springs Herewith the following: 1. Resolution No. 4685 of the Palm Springs Planning Commission (with handwritten comments thereon). As I discussed with Mr. Evans this morning and as Roger Bernstein of Lowe's discussed with Mr. Hayes yesterday, the enclosed comments are being provided to you separate from (yet integral to)the appeal being filed by Lowe's this afternoon. Lowe's believes that the enclosed comments are required in order to clarify certain ambiguous conditions and to properly express the City's intent. As discussed, and assuming the enclosed comments are acceptable, Lowe's would appreciate your assistance in having these comments incorporated into the conditions of approval for the project. Please feel free to call me with any questions or comments ight have. i By Matthew W. Paskerian Cc: Mr. Roger Bernstein Thomas Maddox, Esq. Mr. Stephen Gale Mr. Michael Harris OCOLIBIWWP1200BC3 01(18213011 OOC) 03/,02112000 14. 40 4-0 +0 `I-�A ��o� dIy plw ;ago 6 yS Date._1=7 Ini�ia�i y��, RESO ON NO. 4685 APPROVED BY CITY CMINCIL lv�wS EXHIBIT A Ong s� Date-- --__ Initial------- �6 t 7ada#ef a 6p�.OrAlaeece n ..... t ►�� Case s. 3.1795 (Major Architectural Approv M—M SOJEU TO ALL LU xc. ^�Q A .425 (Planning Commission Determination) nNRIfMHF DY 4R1}VF Rnt r t / C)C�• Tentative Parcel Map 29450 c.� Lowe's Home Improvement Center South side of Ramon Road, between Gene Autry Trail & San Luis Rey Dr. February 23, 2000 j "- CONDITIONS OF APPI20V �- ov m rZ� Before final acceptance of the project, all conditions( listed below shall be completed to the satisfaction of the City Engineer;the Director o£Plannintt"he Chief of Police, the F' Chief or Y� designee,depending on which department recomutendecondition. (ar + A5a d-srL��^�' 3 {,i.�a_ Dia-ecra of Any agreements, easements or covenants required to be enter tnto shall be in a orm approved by the City Attorney. 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. l a. 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 Nos. 3.1795, 10.425 and Tentative Parcel Map 29450. The City of Palm Springs will promptly notify the applicant of any such claim,action,or proceeding against(he City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to.promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement,or failure to appeal,shall not cause a waiver of the indemnification tights herein. 2. 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 be 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. 3. The mitigation measures of the environmental assessment shall apply. 4. Architectural approval shall be valid for a period of two (2)yea rs. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. The appeal period for the Architectural Approval and Tentative Tract Map applications is Is calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, and fencing plans shall be submitted for approval by,thb Planning Commission prior to issuance of a building permit. A varied, upgraded landscape and decorative wall program is )required along the perimeter streets. The landscape and wall program shall be designed to the satisfaction of the Planning Commission or additional parking spaces along street frontages may need to b e removed to allow for additional depth between the curb and parking spaces for landscaping and mounding to satisfy the concerns of the Planning Commission_ Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. The proj ect 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. 8. 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. 9 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. 10. Drainage swales shall be provided adjacent to all curbs and sidewalls- T wide and 6" deep. The irrigation system shaU 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. 11., 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. 03/02/2900 14. 110 ,GOJZ ,, b7 12. Prior to issuance of a building permit,Fringe Toed Lizard Mitigation fees shall be submitted. 13. Prior to issuance of a building permit, .the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney,with reference to present and future owners of the parcel. 14. The applicant prior to issuance of building permits shall submit a c Cn j1I ! r I1.AL� apffevE4. 4a addition, ' h eciprocal access Ong, to the satisfaction of the City Attorney,Director of Planning and.Building an the Ci E " e app can ' Log 15. Separate architectural approval and permits shall be required for all signs. A det led sign program shall be submitted for review and approval by the,Planning prior to X issuance of building permits. -L t i 2e.al-u-� 16. All materials on the flat portions of the roof shall be earth tone in color- -fao /1 S � 17. All roof mounted mechanical equipment shall be screened from ess.bie vantage points X both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as on 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 rivtures or equipment to be located on the roof of the building,the equipment heigbts, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 18. No exterior downspouts shall be pertnitted on any facade on the proposed building(s) which /� are visible from adjacent streets or residential and commercial areas, except for the{hxee' x architecturally integrated downspouts on the south side of the building. 19. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 20. The Aesigr , - , texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. The street address numbering/lettering shall not exceed eight inches in height. 22. 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 permits.A photometric study and manufacturer's out 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. t 3 23. Illumination levels in the parking area shall be an average of et eeadle with a ratio of average light to minimum light of four to one (4:1). 24. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. ' 26. 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 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded. agreement to maintaiu the art work and protect the public rights of access and viewing. 27. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems and except for within the garden center area. Outside paging shall be limited as to not be audible off-site. 28. No outside storage of any kind shall be permitted except as approved as apart of the proposed plan. 29. 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. 30. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 31. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in# 32 below, 32. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 33. parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or-elongated "U" design. Individual wheel stops shall be prohibited; a3art a 5" `aerr'er ' ` ' Y, 34. Concrete wallas with a minimum width of,two (2) feet shall be installed adjacent toIend parking spaces or end spaces shall be increased to eleven(11)feet wide. 35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/hvidth. it 36. Standardparking 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". 37. 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. 38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 39. 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. 40. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to r f tt' t > t PIA ^'g - X/ Gomruissinn..n' L- lo wild.,ih� 1oer.ht� �SSV�ciM cam, 41. The project shall comply with the City of palm Springs Transportation Demand Management (TAM)Ordinance which establishes transportation demand management requirements for the City of Palm Springs, Refer to Chapter 8.4 of the Municipal Code for specific requirements. (Projects with 100 or more employees). 42. The final location and configuration of the handicapped parking area(s) and handicapped parking sigaage on the property shall be determined by the Disability Services Coordinator and the Director of Planning and building on the final site and landscape plains, prior to the issuance of building permits. The final landscape plan shall be reviewed by the Planning Commission in acc • above. �4'o ,nc00043. Decorative screen walls vided around the perimeter of all cart-corrals within the parking area. The fi I dmigzi oT the xeevn wallsZer-uppr location of all cart corrals shall be 44. The final design of the screen walls for cart storage adjacent to the entrance to the building shall be re«ewed and app> oved� - 0 04%6 r } b 45. A blue ceramic tile.field shall be uscd is the recessed area behind the main wall sign. 'A material sample of the blue ceramic tile shall be submitted for review and approval of the Director of Planning and Building prior to the issuance of building permits. or i 46. The final design of the westernmost vehicular access point on (including the proposed median break on Ramon Road)shallbe reviewed and approved by the City Engineer and the Director of Planning and Building prior to approval of the grading plan for the project_ 47. The developer shall be responsible for removing the existing driveway approach and Qq�.iQf3 constructing a new driveway approach easterly of the present location on 17D sil on the vacant property on the north side of Ramon Road, directly north of the project site, to the satisfaction of the City Engineer and the Director of Planning and Building. 48. The final design of the l.andscaphig and walls at the terminus (south end) of the main drive aisle into the site from Ramon Road shall be reviewed and approved with the final landscape plan. The landscape and wall design shall be extended on to the remainder parcel to provide a symmetrical terminus statement, with an upgraded "focal point' quality worthy of the visibility of this location on the property. 49. Additional landscaping shall be provided around the outside perimeter of the outdoor garden center, as part of the final lands e plan. ikh -tom Sltow Sul. ' rpeeial paving snail oe inc pu[a�nu wa-arcc• and in the passenger loading along the orth side of the building, i , rd - 01 �,« uuu 51. Outdoor storage in the outdoor garden area and staging area shall be limited as to not exceed the height of the perimeter screen fencing around these areas. 52. Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the Lowe's Home Improvement Warehouse, with the exception of live plant material displayed on a daily basis in front of the Garden Center. All proposed outdoor display areas in front of the Garden Center shall be indicated on the final landscape plan, which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 53. Additional landscape pockets with vertical landscaping shallbeprovided along tbefront (north) side of the building and shall be indicated on the final landscapc plan, which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 54. A solid tree "hedge shall be installed at the southeast corner of the site and along tb} Camino Parocela frontage and shall be indicated on the final landscape plan,which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits.. 55. Pedestrian"nodes" with street furniture,shading, and other pedestrian amenities shall be provided along the north side of the building, to the satisfaction of the Planning Commission. Catalog cuts of all street furniture shall be reviewed and approved by the Planning Commission as part of the final landscape plan package prior to the issuance of building permits. 56. A direct vehicular access between the parking field and the main (westernmost) drive aisle exiting the site to Ramon Road shall be provided (for exiting traffic only) in a location satisfactory to the City Engineer and the Director of Planning and Building,at least 100 feet south of the northern property line. 57. A 6-foot tall decorative screen wall shall be provided in the streetscape area along Camino Parocela and the southern portion of San Luis Rey Drive to further buffer any loading or staging activities on-site from public view. The final design of these walls shall be reviewed and approved by the Planning Commission as part of the final landscape and wall plans for the project,prior to the issuance of building permits. 58. .On ,st co e ruc we se 59. No curb cuts shall be allowed to perimeter streets (Ramon Road and San Luis Rey Drive) from Parcel 2. 60. Any future food use associated with the home improvement center shall be subject to consideration of a Land Use Permit by the Director of Planning and Building. 61. No roof top advertising or signage shall be permitted on the building. POLICE DEPARTMENT: 62. Developer shall comply with Section ll of Chapter 8.04 of the Palm Springs Municipal Code WASTE DISPOSAL SERVICES: 63. 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: 64. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 65 Construction shall be in accordance with the 1998 California Fire Code, 1998 Californa Building Code, 1996 National Electrical Code, City of Palm Springs Ordinance 1570 ,Desen Water Agency requirements, NFPA Standards 13, 14, 24, 25, 26, 30, 54, 70, 71,72, 72A, 72D,72E,72F, 72G, 760, 79, 80, 81, 82, 88, 92A,105,110, 231, 231C, Tittle 24, plus 1999 Underwriters Laboratory and California State Fire Marshal listings and requirements. 66. Fire Department Access Roads shall be provided and maintained in accordance with the 1999 California Fire Code, Article 9, Sec. 902 and City of Palm Springs Ordinance 1570. Access roads shall have an unobstructed width of not less than 20' and an unobstructed vertical clearance of not less than 1416". 67. Required marking of Fire apparatus Roads and Fire-Protection Equipment shall be in accordance with the 1998 California Fire Code, Article 9, Sec. 901.4. 68. Fire Department Access Roads shall be all weather driving and support a minimum weight of 65,700 lbs. Turning radius shall be not less than 43' from centerline per City of Palm Springs Ordinance 1570. 69. Construction site fencing required per City of Palm Springs Ordinance 1570 if combustible construction is 5,000 Sq,Ft, or more. -- 70. Construction site fire department access gates shall be at least 14' in unobstructed width and be equipped with a KNOX lock. Contact this office for KNOX application forms. 03/0_; .:000 1a. 4U btJ..<..r 71. A construction site guard is required for combustible construction over 10,000 Sq. Fr. Or when the Fire Marshal deems necessary. The guard shall remain intact until all buildings are stuccoed or covered and secured with lockable doors and windows. The guard must be on duty at the construction site during all normal non-working hours or as the Fire Marshal deems necessary. 72. Where underground water mains are to be provided for fire protection, they shall be installed, completed and i.n service with fire hydrants or standpipes located asdirected by this office,but not later than the time when combustible materials are delivered to the construction site. 73. Provide a hose or hoses on construction site equipped with an adjustable spray no7,zle capable of reaching all combustible construction. 74. Facility KNOX Loeb Boxes required per 1998 California Fire Code, Article 9, Sec. 902.4 Locations to be determined by field inspector. The KNOX Fire/Police/Ambulance Rapid Entry System is the only Lock Box,Lock Vault,Key Cabinet,Key Switch,Padlock,FDC Cad. or Decal approved for uses by the City of Palm Springs Fire Department. Contact this office for KNOX application Form. 75. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 76. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 77. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article 9, Sec. 903 and Desert Water Agency. 78. A.Commercial(H-2 Type)Fire Hydrant meeting Desert Water Agency specifications shall be installed every 300' or portion thereof or as determined by this office. 79. Adjust existing Fire Hydrant Locations to correspond with driveway and fire lane location. 80. installations of Private Fire Service Mains and their Appurtenances shall be in accordance with NFPA 24, 25 and 26. 81. Portable Fire Extinguishers shallbeinstalled in accordance with 1998 California Code,Article 10, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75' of floor or grade travel distance. Machine room(s)require a minimum of a 10-B:C extinguisher. 82. Premises identification shall be in accordance with 1998 CaliforniaFire Code,Article 9,Sec. 901.4.4 and 1998 California Building Code,Chapter 5. Contact building official. 83. An Automatic fire extinguishing system equipped with 24 hour monitoring required in accordance with 1998 California Fire Code Article 10, Sec. 1003, 1998 California Building Code, Chapters 3.4,5,9,10 Palm Springs Ordinance 1570 and NFPA 13. 84. The installation or modification of an Automatic Fire Sprinkler System shall only be done by a licensed C-16 Fire Sprinkler Contractor in accordance with the 1998 California Fire Code, 1998 Califorua Building Code and NFPA Pamphlet 13. Contractor to submit detailed plans directly to this office as soon as possible. 85. Submittal to include manufacturers data/cut sheets and listings with expiration dates on all equipment and materials used. Include hydraulic calculations with submittal. Sprinkler heads shall be UUCSFM listed and approved. Monitoring and alarms shall be in accordance with the 1998 California Fire Code and NFPA71 and 72. 86. All underground piping to be installed in accordance with NFPA 24. 87. All underground fire service pipe and thrust blocks to be inspected by this office before backfilling. I 88. Contact this office at least 24 hours in advance for inspections and tests. 89. Standpipes shall be installed in accordance with 1998 Uniform Fire Code, Article 10, Sec. 1004 and 1998 California Building Code Chapter 9, Standard 9-2. 90. Fire Alarm System required_ Installation and maintenance of a fire alarm system shall be in accordance with the 1998 California F ire Code, Article 10, Sec. 1007, Title 24,plus NFPA Pamphlets 71,72 and 760. 91. Submit detailed fire alarm plans directly to this office for review as soon as possible. Submittal shall include manufacturers data/cut sheets and UIJCSFM listings with expiration dates on all equipment and materials used_ Include battery calculations with submittal. 92. The installation of the Fire Alarm System shall comply with the 1998 California.fire Code. 1998 California Building Code, Title 24 and 1998 NFPA 71,72 and 760. 92. Installation, Maintenance and use of Signaling Systems for Central Station Use shall be in accordance with NFPA 70,71 and 760,UL and CSFM listings and approvals. 94. Provide this office with a letter for file from the UL listed Central Station identifying them as the designated provider. This office to be notified immediately in letter form of any changes or cancellations of service. 95. Fire.Dampers shall be provided where air ducts penetrate fire-rated walls or ceilings per 1998 California Building Code. Contact building official for requirements and testing. 96. Smoke Dampers and Activating smoke and or Heat Detectors shall be in accordance with the 1998 California Building Code and must be installed separately from the Fire Alarm System. The signals for these devices shall not be included with any fire alarm or waterflow signal. Contact building official for requirements and testing. 97. Exit Doors, Gates, Barriers, Stairways and Ramps shall be in accordance with 1998 CaJ ifornia Building Code. Contact Building official. 98. Exit Ulumination and Exit Signs shall be in accordance with 1998 California Building Code and shall be electrically illuminated. Contact building official. 99. Low Level exit signs and their placement, where required by 1998 California Building Code, Chapter 10 and building official, shall be Nuclear type as approved by this office. 100. Flame Retardant Treatment and Standards shall be in accordance with 1998 California Fire Code. Contact building official. Submit certificates directly to this office for file as sooI, aspossible. 101. Occupant Load(Room Capacity)and Signage shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002. Contact building official for calculation and Posting. 1.02. Provide this office with an 8 '/a"X I site plan. �.o� ;v � eesartterts-�va�=�� ENGINEERING DEPARTMENT: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of way requite a City of Palm Springs Encroachment Permit. Work shaU be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. erN&'t t-y m 2. Developer shall obtain State permits and approval of lane or all wor done on State k Highway 111 (Gene Autry Trail South). A copy of altraus shall be submitted to the City Engitnee f Work shall be coordinated with the Engineering Department pertaining to City of Palm Springs Resolution 17950 - Restricting Street Work- on Major and Secondary Thoroughfares. 3. The property owner shall enter into a reciprocal access agreement for par X ingress and egress from Gene Autry Trail South and Ramon Road East with the owner(s), master lease and all sub-leases and provide a copy of same to the City Engineer prior to issuance of building permit. 4. The developer shall pay his proportionate share of Assessment District 155 assessments. p _ RAhION ROAD EAST 5. The property owner shall dedicate additional right-of-way to provide a property line - comer cut back at the NORTHEAST comer of the subject property in accordance with City of Palm Springs Standard DiaAring No. 105. 6. The Main Entry on Ramon Road East shall be 67 feet wide with two (2) lanes in and one (1) lane out and a median island designed to channelize and prohibit left tuin egress westbound onto Ramon Road East. ' 7. The EAST driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No.201 and have minimum width of 24 feet.The driveway shall be restricted to right turn in and right turn out only vehicular movements. 8. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST corner of the subject property and BOTH SIDES of the MAIN DRIVEVJA.X per City of Palm Springs Std. Dwg.Nos. 212 and 212A. 9. Construct a 5 foot wide natural olored concrete Portland cement meandering sidewalk in the landscape area. Location shall be shown on the grading plan and shall be consistent with the landscape plan. 10. Provide a left turn pocket on the NORTH side of the Ramon Road East at Main Entry intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can,begin.The storage length of the turn pocket shall be 200 feet. The design shall be approved by the City Engineer. 11. All broken or off grade CURB,GUTTER,AC PAVEMENT AND SIDEWAL sh k�JJ be repaired or replaced. r�a �5iJ-4-- ` r 12. Relocate the existin for the parcels (APN 6 -420-019 an 020 on e 410 north side of Ramo Road East easterly approximatel 760 feet (m sured from erect centerline of existing centerline of proposedro dway).Tlie y shall be 50 feet wide with 35 foot curb retums . The east and west halves of an eight foot 8 cross gutter and spandrel s all be co cted with the flow line parallel with the centerline of Ramon Road Th existing shall be removed and replaced with 8 inch curb and gutter. 13. Construct a median island break with left turn lane for access to the new accessing the property on the north side of Ramon Road East. The storage length of the tum pocket shall be 100 feet 14. The developer shall pay his fair share contribution in the amount of$2244.00 for the construction of the northbound Crossley Road right turn lane at the intersection with Ramon Road East. 14A. If the pubic grant application for landscaping the Ramon Road median island is not granted during the 2000 calendar year, the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped, raised wedian island across the,project frontage as specified by the City Engineer and Director of Planning and Building. 14E. No new future curb cuts shall be allowed for Parcel 2 as shown on.TPM 29450. All access to this parcel shall be from Parcel l as shown on said map. The Cit} Engineer shall receive a copy of the recorded reciprocal access agreement for this parcel prior to issuance of building permit S TNT LL11S 15. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 16 Construct a minimum 5 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 comer of the subject property per City of Palm Springs Std.DNvg.No 212 and 212A. is. All broken or off grade CURB,GUTTER,SIDEWALK AND AC PAVEMENT ha!1 be repaired or replaced. o n weft sk bi CP,.NUNO PAROCELA -L4,-g- pgee-t" 19. Construct a 6 inch curb and gutter, 25 feet NORTH of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHEAST comer of the subjec'. property per City of Palm Springs Standard Drawing No. 200. 20. The driveway approach shall be constructed in accordance with City of Palm.Springs Standard Drawing No.201 and have minimum width of 24 feet. 21. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. �tectc�� Sew -�ur.e-� Nofw;Htsaa.ldiro� �� Set id � Skal MAC suC pa�+ 9''a : 51L�QQ 6� okld-" Pi ed Q be- /?a�Mb` b y C;47 such Pa . I16+00 c� oar;sk;rK PaNewvr � 4:w s Eck new 22. Remove and avernent a minimum pavement section of 3 inch asp t concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR e ual om c can saw cut edge of existing pavement toe ge o propose gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval,,cm, 4,aM 6-4�— 23. All broken or off grade CURB, GUTTER,AC PAVEMENT AND SIDEWALY�hall be repaired or replaced, q� e XNE, AUTRY TRAIL SOUTH c.A+^ as �a(zCt-a�'-� a 24. Dedicate an additional right-of-way for the relocation of the existing driveway approach and future sidewalk requirements. r55 25. The existing driveway approach, whose centerline is l at + south of the centerline of Ramon Road Fast, shall be approach shal l be constructed in accordance with City of P Sprin s Standard Drawing No. 201 and have minimum width of 32 feet. �'0L 2 25A. If the pubic grant application for landscaping the Gene Autry Trail median island is not granted during the 2000 calendar year, the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped, raised median island across the project frontage as specified by the Cite Engineer and Director of Planning and Building. SANITARY SEWER 26. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 27. 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. 25. Submit a Grading Plan prepared by a Registered Professional 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 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 Starc Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks- V vide and A deep-to keep nuisance water from entering the public streets,roadways, or gutters. 30. 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 executed, to the City Engineer prior to issuance of the grading permit. 31. 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. 32. 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 ofth.e 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. 33. Contact the Building Division to get P1v110 requirements prior to request for gradirtg permit. DRAINAGE 34. 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, 35. 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 36. The minimum pavement section for all on-site streets/parking areas shall be.2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimuni subgrade of'4 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 Fi:-.e Grading Plan to the City Engineer for approval. 37. Construct a minimum 32 foot wide paved access driveway to Gene Autry Trail Soc.-h as shown on the approved site plan. 38. The on-site parking lot shall be constructed in accordance with City of Palm Spriri-zs Zoning Ordinance, Section 9306.00. GENERAL 39. The developer shall contact the City of Palm Springs Finance Department reoardin, a respread of the Assessment District 155 assessment fees.Developer shall be required to pay the cost of said recalculation and shall be liable for payment of ;aid ff-s determined for this development. 40. Any utility cuts in the existing off-site pavement made by this development s il! 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. ----r-- 41. AI proposed utility lines on/or this project shall be undergrounded prior:o 7( issuance of a Certificate of Occupancy. 42. 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-. 43. Nothing shall be constructed or planted in the comer cut-off area of any drivem ay which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. - 44. 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. MAP 45. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division. 46. The existing lots or parcels shall be divided. The developer shall submit a parcel rna p prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before issuance of grading or building permits. TRAFFIC 1 47. 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 dll existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the RAMON ROAD EAST, SAN LUIS REY and CAMINO PAROCELA frontages of the subject property. 48. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall oe installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: SE Corner of Main Entrance Co,Ramon Road East SE Comer of East Driveway @ Ramon Road East SW Comer of Driveway @ San Luis Rey NW Comer of Driveway @ Camino Parocela NE Comer of Driveway @ Gene Autry Trail South 49. The developer shall install `No Left Turn' signs and `One Way' signs as required by the City Engineer. 50. The developer shall replace all damaged, destroyed, or modified pavement. legends and striping that is required by the City Engineer on the RAMON ROAD EAST; S AN LUIS REY,CAMINO PAROCELA AND GENE AUTRY TRAIL SOUTH frontages prior to issuance of a Certificate of Occupancy. 51. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST corner of Gene Autry Trail South and project driveway with the mast arm over Gene Autry Trail South. The pole and luminaire shall be furnished by the developer. eaie_, _r�ae ia. ae rbn__ ., 7_ 52. The developer shall install a 16,000 lumen high pressure sodium vapor safety sheet light with glare shield on a marbelite pole on the SOUTHWEST comer of San Leis Rey and driveway with the mast arm over San Luis Rey. The pole and luminaire shall be furnished by the developer. 53. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the SOUTHEAST comer of Raruon Road East and Main Entry with the mast arm over Ramon Road East. The pole and luminaire shall be furnished by the developer. 54. 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 liarrieading shall be in accordance N«th State of ,California,Department ofTransportation,"MANUAL OF TRAFFIC COSTRO LS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1496, or subsequent additions in force at the time of construction. 55. This property is subject to the Transportation. Uniform Mitigation Fee based on the RETALUSERVICE ITE Code A land use. BROBECK, PHLEGER & HARRISON LLP 38 TECHNOLOGY DRIVE•IRVINE,CA 92618 NO. 600746 PAYEE: CHECK NO: 7 �� VENDOR ID: CHECK DATE: INVOICE NUMBER INVOICE DATE DESCRIPTION AMOUNT 028043.0015 Appeal Fee $275.00 _� NO OF PIECES WEIGHT NO I • IIIIII GROUND IMM D SERVICE RUSH O REGULAR O NID O • O.C. CORPORATE SERVICES, INC. 18103 Skypark S., Suite A DOMESTICS IC AIR ON BOARD O S/D ❑ POO AM O IN/D 0 •m Irvine, CA 92614 (949) 474-9000 Fax(949) 474-7442 SPECIAL INSTRUCTIONS • 24 HOUR SERVICE h Il I� I ACCOUNT O` I i m DATE CLIENT m ADDRESS SUITE id CITY STATE ZIP t m AUTHORIZED,BV PHONE i�N t i m CLIENT I=1LE# ' to m W TO COMPANY NAME - 11 , ADDRESS SUITE G i CITY STATE I ZIP • ATTN. PHONE ' ' �. p� • TERMS OF PAYMENT f 2Z 15 Days Net 30 Days.Past due amounts will be charged 2Y.per ,?nnuayy npW• PICK UP FROM <A OI L11M DO DECEIVED • COMPANY NAME LIABILITY CONDITIONS • Llablllty for lass or damage to Items Is limited to$250.00. Carrier assumes no respons r vL� • ADDRESS SUITE deMebes at a given time or for mnse,pantlel damages. Every edorl is made for fast service but a - -- reasonable amau Met,llme most be allowed. Checks accepted for C 0 D's at shippers nsk Cz ' ,j i CITY STATE ZIP - - RECIPIENT - TIME - DATE PHONE s PICK UP DRIVER DELIVERY DRIVER i , CALI HVD96��� M HUNNED March 13, 2000 EAST TMQUITZ CANYON WAY Mayor William Kleindienst City of Palm Springs MI-M sRRINcs Palm Springs, California 92262 Re: Tentative Parcel Map 29450 and Architectural Approval cAUFORNIA Case 31795-Lowe's Home Improvement Warehouse 92262 Dear Mayor Kleindienst: The Tribal Council, at its meeting of March 7, 2000, reviewed the TELEPHONE subject case and upon recommendation of the Indian Planning (760) 325-3400 Commission and Tribal Planning Director, strongly recommends approval of the Lowe's Home Improvement project. This project is proposed on allotted Trust land in the Agua Caliente Indian FAx Reservation and, as proposed, will provide a significant benefit to (760) 325-0593 Tribal property and the community as a whole. The Tribal Council urges the City Council to approve the project swiftly, with the minimum amount of limiting conditions. Re ectfully submitted, Tlio as J. Davis, AICP Tribal Planning Director AGUA CALIENTE BAND OF CAHUILLA INDIANS TJ D/cm C: Tribal Council Dallas Flicek, Assistant City Manager Doug Evans, Director of Building and Planning, Palm Springs Michael Harris, Esq. PALETTERS-TJD\Lowe's Home Improvement letter 3-14-OO.doc PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) s STATE OF CALIFORNIA County of Riverside No.4378 CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING Appeal of Case No. 3.1795 (Ma or Architectural Ap7vao Lowe's �ome Improvement Warehouse South side of Ramon Road, between T am a citizen of the United States and a resident of Gene Autry Trail and San Luis Rey Drive NOTICE IS HE GIVEN that the City Council of the County aforesaid;I am over the age of eighteen the City of Palm Springs, California, will hold a $ public hearing at its meeting of April 5, 2000 The years,and not a party to or interested in the City Council meeting begins at /:00 p.m in the Council Chambers at City Hall, 3200 E. Tahqudz above-entitled matter.I am the principal clerk of a Canyon Way, Palm Springs. The our pose of the hearing is to consider an ap- printer of the,DESERT SUN PUBLISHING peal by Lowe',s,HIW, Inc., a Virginia Corporation, of CONIPANY a newspaper of general circulation, certain conditions of approval adopted by the g Planning Commission on February-23, 2000 in con- printed and published in the city of Palm Springs, function tion with the Major Architectural Approval Ap- �76,519 square foot Lowe's Homedevelopment of Improvement County of Riverside,and which newspaper has been quth Warehouse on 13.33 acres located on the south adjudged a newspaper of general circulation by the site of Ramon Road, between Gene Autry Trait and San Luis Rey Drive, on zone, Section 26 Superior Court of the County of Riverside,State of This appeal Mwita be heard concurrently with two-lot tive Parcel Map No. or the a proposed two-lot California under the date of March 24,1988.Cas¢ Tentative Parcel Map for the subdivision of approx- Number 191236,That the notice,Of which the imately 38 acres to initiate the proposed develop- ment of the Lowe's Home Improvement Ware- annexed is a printed copy(set in type not smaller house. than non panel,has been published in each regular --------and entire issue of said newspaper and not in any �rceNRr nnv supplement thereof on the following dates,to wit: _J L___ n March 22nd ---------------------------- /' ,,ra��s(m �� , in All in the year 2000 t CI IY 0G PALM SPRINGS I certify(or declare)under penalty of perjury that the _foregoing is true and correct. — r 23rd I An Environmental Assessment/Initial Study has Dated at Palm Springs,California this--------day been prepared in conjunction with the Tentative Parcel Map and Major Architectural Approval appli- March cation and will he reviewed by the City Council at the meeting. Potential Impacts from the project in- of------------------------ ,2000 clude traffic and circulation, hydrology, and air quality with respect to short-term construction ac- tivity. A draft Mitigated Negative Declaration of En- vironmental Im Pact has been prepared foi the sub- ject proposal. Members of the public may view this document in the Deppartment of Planning and Building, City Hall, 3200 East Tahqurtz Canyon Signature —W,ap-PalmSpnnpS,mod—vubmltnadtiedaommonts. to the City Council at, or prior to, the City Council heanng. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing An opportunity will be given at saitl hearing far all interested persons to be heard. Questions regard- ing this case may be directed to Steve Hayes, De-, partment of Planning & Build i nq, 760/323-y245. PATRICIA A SANDERS City Clerk PROOF OF PUBLICATION This is space for County Clerk's Filing Stanip (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside _- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen No 4360 - - years,and not a party to or interested in the CITY OF PALM SPRINGS above-entitled matter.I am the principal clerk of a NOTICE IS HEREBY PUBLIC IVEN Cn t the community Redevelopment Aqency of the City of Palm Sp nng s printer of the,DESERT SUN PUBLISHING and the Crty of Palm Spring s will hold a Pobl io COMPANY a newspaper of general circulation, Hearing in the City Council Chambers, locatcd-at g 3200 Tahqwtz Canyon Wayy, Palm Springs, Calrfor printed and published in the city of Palm Springs s - nia 92262, beginning-at-]`90 p.m , Wednesday, 1 1 ty P g e April 5, 2000, to consider the following: County Of RIVCTSIde,and Which newspaper haS been An Owner Participation Agreement With Lowe's RAW, Inc., a Virginia Corporation adjudged a newspaper of general circulation by the for Southwest corner of San Luis Rey Road Superior Court of the County of Riverside,State of Palm and ppo ngs Californ a 92264 California tinder the date of March 24,1988.Case o Pam SpringsuySprings, ment Agency of the City (" g y proposes an Owner Number 191236;that flue notice,of which the Partiapation Agreement ("O A") with Lowe's HIW, Inc., a Virginia Corporation. To approve this OPA, annexed IS a printed copy(Set In type not smaller the Community Redevelopment Agency and the City of Palm Springs are required to make certain than non pariel,has been published in each regular findingqs ppursuant to Health and Safety Code Sec- bons 33421.1, 33433 and 33445 and prior to mak- and entire issue of said newspaper and not in any ing those findings, a Public Hearing is held to re- supplement thereof on the following dates,to Wit: carve public input on the matter. PP g The nature of the Amendment is that the Agency will assist Lowe's in the financing of the project's public improvements, including streets, gutters, March 21St,27th - and utilities by rebating the amount Lowe s must Its the City annually for Assessment District 155, which constructed the improvements in 1989. Lowe's is participating in the Agency's "Economic Development Incentive Zone," created in 1994 to __ ________________ __________________ __________ mitigate the negative economic effects the assess- ment district had on the Knutson Tract southeast of the parcel The program was expanded in 1999 to include the subject parcel All in the year 2000 All interested persons are invited to attend the Public Heannq and express opinions an the item listed above. If you challenge the nature otthe pro- I certify(or declare)under penalty of perjury that the posed action in court, you may be limited to rais- ing only those issues ou or someone else raised foregoing is tree and correct. at the Public Hearing described in this notice, or in g g written correspondence delivered to the City Clerk,- 28th at the address listed above, at or prior to the Pub- lic Hearing. Dated at Palm Springs,California this--------------day Members of the public may view this document and all referenced documents in the Redevelop- March ment Agency offices, City Hall, and submit written of------ -- -- -- ----- -- comments to the Community Redevelpment Agen- cy at or prior to the Community Redevelopment Agency Meetingat or prior to the'public hearing described in this notice. i r i Further information, including a co r of the Z,�. - Amendment and Resolution, prepare in accor- C C________________________________ __________ _______ dance with Health and Safety ode Section 33433, is available in the Office of the City Clerk. Signature PATRICIA A. SANDERS, City Clerk ' PUB' March 21, 27,27, 2000 RESOLUTION NO. 19770 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED,TENTATIVE PARCEL MAP 29450, AN APPLICATION BY LOWE'S HIW INC., A VIRGINIA CORPORATION, FOR A PROPOSED TWO- LOT TENTATIVE PARCEL MAP FOR THE SUBDIVISION OF APPROXIMATELY 38 ACRES TO INITIATE THE PHASE ONE DEVELOPMENT OF A 176,519 SQUARE-FOOT LOWE' S HOME IMPROVEMENT WAREHOUSE ON 13.33 ACRES OF THE PROJECT SITE,AND PROVIDING A DECISION ON AN APPEAL OF CERTAIN PLANNING COMMISSION CONDITIONS OF APPROVAL FOR CASE NOS. 3.1795 (MAJOR ARCHITECTURAL APPROVAL) PLANNING COMMISSION DETERMINATION 10.425 AND TENTATIVE PARCEL MAP 29450,THE DEVELOPMENT OF A 176,519 SQUARE-FOOT LOWE'S HOME IMPROVEMENT WAREHOUSE ON 13.33 ACRES OF THE PROJECT SITE, LOCATED ON THE SOUTH SIDE OF RAMON ROAD, BETWEEN GENE AUTRY TRAIL AND SAN LUIS REY DRIVE, M-1 ZONE, SECTION 26. ------------- WHEREAS, Lowe's HIW, Inc., a Virginia Corporation, (the "applicant") has filed applications with the City pursuant to Section 9404.00 and 9401.00 ofthe Zoning Ordinance and Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to create two parcels (one of 12.6 and the other of 0.73 acres), a Major Architectural Approval for a 176,519 square foot home improvement center on 13.33 acres of the 38 acre project site and a Planning Commission Determination to add home improvement centers to the list of permitted uses within the M-1 zone, located on the south side of Ramon Road, between Gene Autry Trail and San Luis Rey Drive, M-1 zone, Section 26; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 29450 was given in accordance with applicable law; and WHEREAS, on February 23,2000, a public hearing on the application for Tentative Parcel Map 29450 was held by the Planning Connnission in accordance with applicable law; and WHEREAS, the Plamiing Commission considered Case Nos. 3.1795 (Major Architectural Approval)and Planning Commission Determination 10.425 concurrently with the referenced Tentative Parcel Map application; and R19770 Page 2 WHEREAS,on February 23,2000,the Plamiing Commission recommended approval 6-0-1 to the City Council of Tentative Parcel Map 29450 and approved 6-0-1 Major Architectural Approval Case No. 3.1795 and Plamling Commission Determination 10.425 subject to the conditions contained in Planning Commission Resolution No. 4685; and WHEREAS, the decision relative to Case Nos. 3.1795 and Planning Commission Determination 10.425 are final with the Planning Commission, unless appealed to the City Council; and WHEREAS,on March 8,2000,pursuant to Section 2.05.040 of the Palm Springs Municipal Code, the applicant filed atimely appeal of certain Planning Cormmission adopted conditions of approval included in Exhibit A of Planning Commission Resolution No. 4685; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 29450 and the appeal of certain Planning Commission adopted conditions of approval was given in accordance with applicable law; and WHEREAS, on March 15, 2000 and continued to April 5, 2000, a duly noticed public hearing on the application for Tentative Parcel Map 29450 was held by the City Council in accordance with applicable law; and WHEREAS, on April 5, 2000, a duly noticed public hearing on the appeal of conditions of approval contained in Planning Commission Resolution No. 4685 applicable to Case No. 3.1795 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Tentative Parcel Map 29450 and related Major Architectural Approval Case No. 3.1795 is considered a"project"pursuant to the terms of the California Environmental Quality Act (CEQA); and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in correction with the hearing on the project,including,but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council 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 previously reviewed and considered the information contained in the Mitigated Negative Declaration and the City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses any significant enviromnental effects of the proposed project,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 R19770 Page 3 as a result of the approval of this project. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies, and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3: Pursuant to Government Code Section 65567,the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives,policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of the conditions attached hereto as Exhibit "A": a. The proposed map is consistent with the applicable general and specific plans. The subject property is designated as "IND" (Business/Industrial) on the City's General Plan Land Use Map and "M-1" (Service Manufacturing) pursuant to the Zoning Map. The application entails subdividing approximately 38 acres into two(2)lots and a remainder parcel to initiate the development of a 176,519 square foot home improvement center on 13.33 acres of the subject site. The project complies with the General Plan, in that the development and uses anticipated within this project will be supportive and necessary for the continued growth of services within the community. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The subject site is designated "IND" (Business/Industrial) Pursuant to the General Plan Land Use Map and "M-I"(Service/Manufacturing)pursuant to the Zoning Map. The project will be compatible with the General Plan and with existing land use designations in all directions,which are either vacant and planned for future compatible uses or where complimentary, compatible uses already exist. Ramon Road acts as a significant buffer from any land uses to the north and east in Cathedral City. Thus,the project will be compatible with the siurounding neighborhood. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The project will comply with all performance standards of the"M-1"Zone,as required by the Zoning Ordinance,and be designed to comply with the property development standards established for the"M-1" zone. The site is essentially flat in topography and is void of any significant vegetation or structures, and can be directly accessed by Ramon Road,Gene Autry Trail San Luis Rey Drive R19770 Page 4 and Caniino Parocela. Thus, the site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The project will be compatible with existing land use designations in all directions of the site. The site is essentially flat in topography and is void of any significant vegetation or structures,and can be directly accessed by Ramon Road, Gene Autry Trail, San Luis Rey Drive and Camino Parocela. Thus,the project will be compatible with surrouuiding neighborhood. e. The design of the subdivision or improvements is not likely to cause substantial enviromnental damage or substantially and unavoidably injure fish or wildlife or the habitat. Conditions of this project will require full public improvements along Ramon Road, San Luis Rey Drive, Gene Autry Trail and Camino Parocela with the development of Phase One for the home improvement center. With the required street improvements and other mitigations recormnended pursuant to conditions of approval for this project, the vehicular circulation system will not be negatively impacted by trips generated from this project. No known rare or endangered species were identified on the project site during the environmental evaluation of the site. The site is witlin the Coachella Valley Fringe Toed Lizard Historical Habitat area and a $ 100.00 per acre mitigation fee will be required upon issuance of building permits of any development of the site. f. The design of the subdivision or improvements is not likely to cause serious public health problems. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for street widening and re-configuration, curb, gutter, and sidewalks. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The off-site improvements, which are required by the Zoning Ordinance, are related to the project since patrons and employees of the project must use Ramon Road, San Luis Rey Drive, Gene Autry Trail and Carnino Parocela to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However,the fixture property owners and/or lessees will benefit from any improvements made to the above streets such as sidewalks, traffic synchronization and street re-configurations. The required dedication of right- of-way and streetscape improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. R19770 Page 5 Section 5: Pursuant to Section 2.05 ofthe Palm Springs Municipal Code,the City Council has considered the proposed appeal and the potential impacts associated with the request and finds the following: a. That a majority ofthe requested appeal items have been clarified and/or resolved between the applicant and staff to the satisfaction of both parties and the City Couricil; and b. For those items that have not been resolved between the applicant and staff which required City Council consideration,the City Council finds the following: 1. That the outdoor display of merchandise in the form of a sidewalk or seasonal parking lot sale (i.e. Christmas Tree lot) shall be agreed upon between the applicant and Director of Planning and Building, approved pursuant to the applicable provisions ofthe Zoning Ordinance,and conducted in a mamier that would not be potentially detrimental to the aesthetics, vehicular and pedestrian circulation on the property,as directed by the City Council; and 2. That the applicant will benefit from infrastructure improvements installed in conjunction with Assessment District 155 and,accordingly shall pay said assessment or enter into an Owner Participation Agreement therefore,and thereby, the applicant and the City shall reach a mutually beneficial mitigation for the applicants fair share payment of Assessment District 155 fees, provided that such assessments can be reimbursed through said Owner Participation Agreement and further provided the developer shall be relieved of this condition if such financial assistance is not permitted by Cormnimity Redevelopment Law; and C. Thatthe modifications toPlamungCoimnission conditions ofapproval described above in Section 5(a) and 5(b) will not have a detrimental impact on the enviromment; and d. That the appeal modifications described above in Section 5(a)and 5(b) are in compliance with all applicable provisions of the Zoning Ordinance; and e. Thatthe appeal modifications described above in Section 5(a)and 5(b) are consistent with the goals, policies and objectives of the General Plan. R19770 Page 6 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Couricil hereby issues a mitigated negative declaration and approves Tentative Parcel Map 29450 and Case No. 3.1795 subject to those conditions set forth in Exhibit A(attached hereto),which are to be satisfied prior to the issuance of a Certificate of Occupancy rudess other specified. ADOPTED this 5th day of April , 2000. AYES: Councilmembers Jones, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Interim City Manager City Clerk REVIEWED AND APPROVED AS TO FORM: R19770 Page 6a �� ]w' r rnnuiaw Im ° r I . sppp� 1 al i t L-J , I °Irk 3 i I " F S ! ij � • �a m i3 P° N� a -1> o� a� E i a� I Iwo R19770 Page 7 RESOLUTION NO. 19770 EXHIBIT A Case Nos. 3.1795 (Major Architectural Approval) Tentative Parcel Map 29450 Lowe's Home hnprovement Center South side of Ramon Road, between Gene Autry Trail & San Luis Rey Dr. April 5, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project,all conditions,approvals or reviews listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning and Building, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition (or if no department is specified, then by the Director of Planning and Building). Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. As used herein, references to the "site plan" shall be to that certain site plan prepared by MCG Architects and dated January 5, 2000. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Mrmicipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. 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 armul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case Nos. 3.1795, 10.425 and Tentative Parcel Map 29450. 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 fiords to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter,be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. R19770 Page 8 2. 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. 3. The mitigation measures of the enviromnental assessment shall apply. 4. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Plarning Commission upon demonstration of good cause. 5. The appeal period for the Architectural Approval and Tentative Tract Map applications is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, and fencing plans shall be submitted for approval by the Planning Commission prior to issuance of a building permit. A varied,upgraded landscape and decorative wall prograin is required along the perimeter streets. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. The landscape and wall program shall be designed to the satisfaction of the Plamung Commission; or 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Docuunent Package to the Director of Plamiing 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. 8. 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. 9. 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. 10. Drainage swales shall be provided adjacent to all curbs and sidewalks - T 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. 11. 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. 12. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. R19770 Page 9 13. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. 14. The applicant prior to issuance of building permits shall submit a declaration of covenants, conditions and restrictions (C,C&R's) or a reciprocal easement agreement, as appropriate (the "Agreement"), 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 pennits. The Agreement shall be recorded only against the leasehold interest. The Agreement shall require maintenance of all property in a fast-class condition and in accordance with all ordinances, with lien rights to recover any maintenance costs incurred, shall be enforceable by the City, and shall not be amended without City approval. In addition, the Agreement shall contain any other special provisions contained herein, such as provisions for reciprocal access, to the satisfaction of the City Attorney, Director of Planning and Building and the City Engineer. The applicant shall deposit with the City of Palm Springs $ 2,000.00 for the review of the Agreement by the City Attorney, and may be required to supplement the deposit to cover the City's actual legal cost. 15. Separate architectural approval and pen-nits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planming Commission prior to issuance of a Certificate of Occupancy. 16. All materials on the flat portions of the roof shall be earth tone in color. 17. All roof mounted mechanical equipment shall be screened from street level vantage points both existing and frtture 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. 18. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and conunercial areas, except for the architecturally integrated downspouts on the south side of the building. 19. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 20. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. The street address numbering/lettering shall not exceed eight inches in height. R19770 Page 10 22. 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 pennits. 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. 23. 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). 24. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from cub face. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. 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 pennit valuation as calculated ptusuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and 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. 27. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems and except for within the garden center area. Outside paging shall be limited as to not be audible off-site. 28. No outside storage of any kind shall be permitted except as approved as apart of the proposed plan. 29. 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. 30. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 31. Islands of not less than 9 feet in width with a mhnirmnm of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in 4 32 below. R19770 Page 11 32. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 33. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated"U"design. Where wheel stops are provided,individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 34. 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. 35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 36. 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 cormnon 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 'ban accessible". 37. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces,the main entrance to the proposed stricture 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. 38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 39. Curbs shall be installed at a minimun 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 minimun of two (2) feet from the face of walls, fences or buildings adjoining driveways. 40. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Plamning Commission. 41. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. 42. The final location and configuration of the handicapped parking area(s) and handicapped parking signage on the property shall be determined by the Disability Services Coordinator and the Director of Planning and building on the final site and landscape plans,prior to the issuance of building permits. The final landscape plan R19770 Page 12 shall be reviewed by the Plamning Commission in accordance with Condition No. 6 above. 43. Decorative screen walls (or acceptable alternate, as approved by the Director of Planning and Building) shall be provided around the perimeter of all cart corrals within the parking area. 44. The final design of the screen walls for cart storage adjacent to the entrance to the building shall be reviewed and approved with the final landscape plan. 45. A blue ceramic the field shall be used in the recessed area behind the main wall sign. A material sample of the blue ceramic tile shall be submitted for review and approval of the Director of Planning and Building prior to the issuance of building permits. 46. The final design of the westermnost vehicular access point on Ramon Road (including the proposed median break) shall be reviewed and approved by the City Engineer and the Director of Planming and Building prior to approval of the grading plan for the project. 47. The developer shall be responsible for removing the existing driveway approach and constructing a new driveway approach easterly of the present location on Ramon Road, on the vacant property on the north side of Ramon Road, directly north of the project site,to the satisfaction of the City Engineer and the Director of Planning and Building. 48. The final design of the landscaping and walls at the terminus(south end)of the main drive aisle into the site from Ramon Road shall be reviewed and approved with the final landscape plan. The landscape and wall design shall he extended on to the remainder parcel to provide a symmetrical terminus statement, with an upgraded "focal point" quality worthy of the visibility of this location on the property. 49. Additional landscaping shall be provided around the outside perimeter of the outdoor garden center, as part of the final landscape plan. 50. Special paving hardscape consistent with that shown for the main entrance drive shall be incorporated into the vehicular access points for the easterly driveway off of Ramon Road and for the driveway off San Luis Rey and in the passenger loading zones along the north side of the building. 51. Outdoor storage in the outdoor garden area and staging area shall be limited as to not exceed the height of the perimeter screen fencing around these areas. 52. Outdoor display of merchandise shall be prohibited in the passenger pull-off areas in front of the building. The following outdoor display of merchandise and sales activities shall be permitted: (i) the display of live plant material in front of the garden center; (ii)the display of merchandise under the main entrance canopy to the building,not extending beyond the overhang of the roof entry structure; and(iii)the outdoor display of merchandise in the forni of a sidewalk or seasonal parking lot sale R19770 Page 13 (i.e. Christmas Tree lot), as be agreed upon between the applicant and Director of Planning and Building. Any sidewalk or seasonal parking lot sale shall be approved by the Director of Planning and Building pursuant to the applicable provisions of the Zoning Ordinance, and conducted in a manner that would not be potentially detrimental to the aesthetics, vehicular and pedestrian circulation on the property. All proposed outdoor display areas in front of the Garden Center and raider the main entrance canopy shall be indicated on the final landscape plan, which shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 53. Additional landscape pockets with vertical landscaping shall be provided along the front(north) side of the building and shall be indicated on the final landscape plan, which shall be reviewed and approved by the Planning Conunission prior to the issuance of building permits. 54. A solid tree"hedge shall be installed at the southeast corner of the site and along the Camino Parocela frontage and shall be indicated on the final landscape plan, which shall be reviewed and approved by the Plarming Commission prior to the issuance of building permits. 55. Pedestrian "nodes" with street furniture, shading, and other pedestrian amenities shall be provided along the north side of the building, to the satisfaction of the Planting Commission. Catalog cuts of all street furniture shall be reviewed and approved by the Planning Commission as part of the final landscape plan package prior to the issuance of building permits. 56. A direct vehicular access between the parking field and the main(westenmmost)drive aisle exiting the site to Ramon Road shall be provided (for exiting traffic only) in a location satisfactory to the City Engineer and the Director of Planing and Building, at least 100 feet south of the northern property line. 57. A 6-foot tall decorative screen wall shall be provided in the streetscape area along Camino Parocela and the southern portion of San Luis Rey Drive to further buffer any loading or staging activities on-site from public view. The final design of these walls shall be reviewed and approved by the Planing Commission as part of the final landscape and wall plans for the project, prior to the issuance of building permits. 58. No curb cuts shall be allowed to perimeter streets (Ramon Road and San Luis Rey Drive)from Parcel 2. Any future food use associated with the home improvement center shall be subject to consideration of a Land Use Permit by the Director of Planning and Building. 60. No roof top advertising or signage shall be permitted on the building. R19770 Page 14 POLICE DEPARTMENT: 61. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 62. 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: 63. Prior to any constriction on-site, all appropriate permits must be secured. FIRE: 64 Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm Springs Ordinance 1570 , Desert Water Agency requirements, NFPA Standards 13, 14, 24, 25, 26, 30, 54, 70, 71,72, 72A, 72D,72E,72F, 72G, 760, 79, 80, 81, 82, 88, 92A,105,110, 231, 231C, Tittle 24, plus 1999 Underwriters Laboratory and California State Fire Marshal listings and requirements. 65. Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Sec. 902 and City of Palm Springs Ordinance 1570. Access roads shall have an uuiobstrncted width of not less than 20' and an unobstructed vertical clearance of not less than 14'6". 66. Required marking of Fire apparatus Roads and Fire-Protection Equipment shall be in accordance with the 1998 California Fire Code, Article 9, Sec. 901.4. 67. Fire Department Access Roads shall be all weather driving and support a minimum weight of 65,700 lbs. Turning radius shall be not less than 43' from centerline per City of Palm Springs Ordinance 1570. 68. Construction site fencing required per City of Palm Springs Ordinance 1570 if combustible construction is 5,000 Sq.Ft. or more. 69. Construction site fire department access gates shall be at least 14' in unobstructed width and be equipped with a KNOX lock. Contact this office for KNOX application fornis. 70. A construction site guard is required for combustible construction over 10,000 Sq. Fr. Or when the Fie Marshal deems necessary. The guard shall remain intact until all buildings are stuccoed or covered and secured with lockable doors and windows. The guard must be on duty at the construction site during all normal non-working hours or as the Fire Marshal deems necessary. R19770 Page 15 71. Where underground water mains are to be provided for fire protection,they shall be installed, completed and in service with fire hydrants or standpipes located as directed by this office, but not later than the time when combustible materials are delivered to the construction site. 72. Provide a hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 73. Facility KNOX Lock Boxes required per 1998 California Fire Code,Article 9, Sec. 902.4 Locations to be determined by field inspector. The KNOX Fire/Police/Ambulance Rapid Entry System is the only Lock Box,Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for uses by the City of Palm Springs Fire Department. Contact this office for KNOX application Forn. 74. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 75. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 76. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article 9, Sec. 903 and Desert Water Agency. 77. A Commercial(H-2 Type)Fie Hydrant meeting Desert Water Agency specifications shall be installed every 300' or portion thereof or as determined by this office. 78. Adjust existing Fire Hydrant Locations to correspond with driveway and fire lane location. 79. Installations of Private Fire Service Mains and their Appurtenances shall be in accordance with NFPA 24, 25 and 26. 80. Portable Fire Extinguishers shall be installed in accordance with 1998 California Code,Article 10, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75' of floor or grade travel distance. Machine room(s) require a minimum of a 10- B:C extinguisher. 81. Premises identification shall be in accordance with 1998 California Fire Code, Article 9, Sec. 901.4.4 and 1998 California Building Code, Chapter 5. Contact building official. 82. An Automatic fire extinguishing system equipped with 24 hour monitoring required in accordance with 1998 California Fire Code Article 10,Sec. 1003, 1998 California Building Code, Chapters 3,4,5,9,10 Palm Springs Ordinance 1570 and NFPA 13. U. The installation or modification of an Automatic Fire Sprinkler System shall only be done by a licensed C-16 Fire Sprinkler Contractor in accordance with the 1998 R19770 Page 16 California Fire Code, 1998 California Building Code and NFPA Pamphlet 13. Contractor to submit detailed plans directly to this office as soon as possible. 84. Submittal to include manufacturers data/cut sheets and listings with expiration dates on all equipment and materials used. Include hydraulic calculations with submittal. Sprinkler heads shall be UL/CSFM listed and approved. Monitoring and alarms shall be in accordance with the 1998 California Fire Code and NFPA 71 and 72. 85. All underground piping to be installed in accordance with NFPA 24. 86. All underground fire service pipe and thrust blocks to be inspected by this office before backfilling. 87. Contact this office at least 24 hours in advance for inspections and tests. 88. Standpipes shall be installed in accordance with 1998 Uniform Fire Code,Article 10, Sec. 1004 and 1998 California Building Code Chapter 9, Standard 9-2. 89. Fire Alarm System required. Installation and maintenance of a fire alarm systern shall be in accordance with the 1998 California F ire Code, Article 10, Sec, 1007, Title 24, plus NFPA Pamphlets 71,72 and 760. 90. Submit detailed fire alarm plans directly to this office for review as soon as possible. Submittal shall include manufacturers data/cut sheets and UL/CSFM listings with expiration dates on all equipment and materials used. Include battery calculations with submittal. 91. The installation of the Fire Alarm System shall comply with the 1998 California Fire Code, 1998 California Building Code, Title 24 and 1998 NFPA 71,72 and 760. 92. Installation,Maintenance and use of Signaling Systems for Central Station Use shall be in accordance with NFPA 70,71 and 760, UL and CSFM listings and approvals. 93. Provide this office with a letter for file from the UL listed Central Station identifying them as the designated provider. This office to be notified inumediately in letter form of any changes or cancellations of service. 94. Fire Dampers shall be provided where air ducts penetrate fire-rated walls or ceilings per 1998 California Building Code. Contact building official for requirements and testing. 95. Smoke Dampers and Activating smoke and or Heat Detectors shall be in accordance with the 1998 California Building Code and must be installed separately from the Fire Alarm System. The signals for these devices shall not be included with any fire alarm or waterflow signal. Contact building official for requirements and testing. 96. Exit Doors, Gates, Barriers, Stairways and Ramps shall be in accordance with 1998 California Building Code. Contact Building official. R19770 Page 17 97. Exit Illumination and Exit Signs shall be in accordance with 1998 California Building Code and shall be electrically illuminated. Contact building official. 98. Low Level exit signs and their placement, where required by 1998 California Building Code, Chapter 10 and building official, shall be Nuclear type as approved by this office. 99. Flame Retardant Treatment and Standards shall be in accordance with 1998 California Fire Code. Contact building official. Submit certificates directly to this office for file as soon as possible. 100. Occupant Load (Room Capacity) and Signage shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002. Contact building official for calculation and posting. 101. Provide this office with an 8 ''/z" X 11" site plan. 102. Additional comments may be provided during plan check. ENGINEERING DEPARTMENT: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the 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. Developer shall obtain State permits and approval of plans for all work done on State I3ighway 111 (Gene Autry Trail South). A copy of Cahrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City of Pahn Springs Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 3. The property owner shall enter into a reciprocal access agreement for parking and-ingress and egress from Gene Autry Trail South and Ramon Road East with the owner(s),master lease and all sub-leases and provide a copy of same to the City Engineer prior to issuance of building permit. 4. The developer shall pay his proportionate share of Assessment District 155 assessments provided that such assessments can be reimbursed through and Owner Participation Agreement with the Redevelopment Agency and further provided the developer shall be relieved of this condition if such financial assistance is not permitted by the Community Redevelopment Law. R19770 Page 18 RAMON ROAD EAST 5. The property owner shall dedicate an easement for additional right-of-way to provide a property line - comer cut back at the NORTHEAST comer of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 6. The Main Entry on Ramon Road East shall be 67 feet wide with two (2) lanes in and one(1)lane out and a median island designed to charmelize and prohibit left turn egress westbound onto Ramon Road East. 7. The EAST driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 said have minimurn width of 24 feet. The driveway shall be restricted to right tun in and right trni out only vehicular movements. 8. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST comer of the subject property and BOTII SIDES of the MAIN DRIVEWAY per City of Palm Springs Sid. Dwg.Nos. 212 and 212A. 9. Construct a 5 foot wide natural colored concrete Portland cement meandering sidewalk in the landscape easement area. Location shall be shown on the grading plan and shall be consistent with the landscape plan. 10. Provide a left turn pocket on the NORTH side of the Ramon Road East at Main Entry intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begin. The storage length of the tun pocket shall be 200 feet. The design shall be approved by the City Engineer. 11. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK along the project frontage shall be repaired or replaced. 12. Relocate the existing roadway for the parcels (APN 677-420-019 and 020) on the north side of Ramon Road East easterly approximately 260 feet (measured from centerline of existing roadway to centerline of proposed roadway). The roadway shall be 50 feet wide with 35 foot curb returns and constructed to the ECRs. The east and west halves of an eight foot 8 cross gutter and spandrel shall be constructed with the flow line parallel with the centerline of Ramon Road The existing roadway shall be removed and replaced with 8 inch curb and gutter. 13. Construct a median island break with left turn lane for access to the new roadway accessing the property on the north side of Ramon Road East. The storage length of the tun pocket shall be 100 feet R19770 Page 19 14. The developer shall pay his fair share contribution in the amount of$2244.00 for the construction of the northbound Crossley Road right turn lane at the intersection with Rai-non Road East. 14A. If the pubic grant application for landscaping the Ramon Road median island is not granted during the 2000 calendar year, the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped, raised median island across the project frontage as specified by the City Engineer and Director of Planning and Building. 14B. No new firture curb cuts shall be allowed for Parcel 2 as shown on TPM 29450. All access to this parcel shall be from Parcel 1 as shown on said map. The City Engineer shall receive a copy of the recorded reciprocal access agreement for this parcel prior to issuance of building permits for buildings on Parcel 2. SAN LUIS REY 15. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 16. Construct a minimurr 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Pahn 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. All broken or off grade CURB, GUTTER, SIDEWALK AND AC PAVEMENT along the project frontage shall be repaired or replaced. CAMINO PAROCELA 19. Construct a 6 inch curb and gutter, 25 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. 20. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimtun width of 24 feet. 21. Construct a minimun 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. R19770 Page 20 22. Remove and replace existing 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 clean saw cut edge of existing pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. The pavement section shall be designed,using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 23. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK along the project frontage shall be repaired or replaced. GENE AUTRY TRAIL SOUTH 24. Dedicate an additional right-of-way for the relocation of the existing driveway approach and future sidewalk requirements. 25. The existing driveway approach,whose centerline is located 355 feet+south of the centerline of Ramon Road East, shall be relocated. The new driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 32 feet. SANITARY SEWER 26. Con sect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record docurnents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional 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 permits. Minimum submittal includes the following: A. Copy of final Planning Department cormments. 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. R19770 Page 21 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 Constriction 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 pen-nit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. 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 executed, to the City Engineer prior to issuance of the grading permit. 31. 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. 32. 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. 33. Contact the Building Division to get PM10 requirements prior to request for grading permit. DRAINAGE 34. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage stricture. 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. 35. 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 R19770 Page 22 36. The minimum pavement section for all on-site sheets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a mirumutn 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 Fuse Grading Plan to the City Engineer for approval. 37. Construct a minimtun 32 foot wide paved access driveway to Gene Autry Trail South as shown on the approved site plan. 38. The on-site parking lot shall be constricted in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 39. The developer shall contact the City of Palm Springs Finance Department regarding a respread of the Assessment District 155 assessment fees. Developer shall be required to pay the cost of said recalculation and shall be liable for payment of said fees detennined for this development. 40. 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. 41. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 42. 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. 43. Nothing shall be constricted or planted in the corner 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. 44. 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. MAP 45. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division. R19770 Page 23 46. The existing lots or parcels shall be divided. The developer shall submit a parcel map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division.This condition shall be complied with before issuance of grading or building permits. TRAFFIC 47. The developer shall provide a minimrun 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 RAMON ROAD EAST, SAN LUIS REY and CAMINO PAROCELA frontages of the subject property. 48. 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 Corner of Main Entrance @ Ramon Road East SE Corner of East Driveway @ Ramon Road East SW Confer of Driveway @ San Luis Rey NW Conner of Driveway @ Camino Parocela NE Corner of Driveway @ Gene Autry Trail South 49. The developer shall install `No Left True' signs and `One Way' signs as required by the City Engineer. 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the RAMON ROAD EAST, SAN LUIS REY, CAMINO PAROCELA AND GENE AUTRY TRAIL SOUTH frontages prior to issuance of a Certificate of Occupancy. 51. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST comer of Gene Autry Trail South and project driveway with the mast arm over Gene Autry Trail South. The pole and luminaire shall be furnished by the developer. 52. 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 comer of San Luis Rey and driveway with the mast arm over San Luis Rey. The pole and luminaire shall be fuurnished by the developer. 53. The developer shall install a 16,000 lumen high pressure sodhim vapor safety street light with glare shield on a marbelite pole on the SOUTHEAST corner R19770 Page 24 of Ramon Road East and Main Entry with the mast arm over Rai-non Road East. The pole and huninaire shall be furnished by the developer. 54. 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. 55. This property is subject to the Transportation Uniform Mitigation Fee based on the RETAIL/SERVICE ITE Code A hued use.