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HomeMy WebLinkAbout19770 - RESOLUTIONS - 4/5/2000 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 of the 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 Commission in accordance with applicable law; and WHEREAS,the Planning Commission considered Case Nos. 3.1795 (Major Architectural Approval)and Planning Commission Determination 10.425 concurrently withthe referenced Tentative Parcel Map application; and R19770 Page 2 WHEREAS,on February 23,2000,the Planning Commission recommended approval 6-0-1 to the City Council of Tentative Parcel Map 29450 and approved 6-0-1I Major Architectural Approval Case No. 3.1795 and Planning 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 ofthe Palm Springs Municipal Code,the applicant filed atimely appeal of certain Planning Commission 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 haw; 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 connection 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 environmental 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-l" (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-1"(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 surrounding 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 Camino 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 surrounding neighborhood. e. The design of the subdivision or improvements is not likely to cause substantial environmental 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 Carnino Parocela VA.th the development of Phase One for the home improvement center. With the required street improvements and other mitigations recommended pursuant to conditions of approval for this project,the vehicular circulation system mill not be negatively impacted by trips generated from this prof ect. No known rare or endangered species were identified on the project site during the environmental evaluation of the site. The site is within the Coachella Valley Fringe Toed Lizard Historical Habitat area and a$ 100.00 per acre mitigation fee will be required upon issuance o Fbuilding 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 aid Camino Parorela 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 future 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 amajority of the requested appeal items have been clarified and/or resolved between the applicant and staff to the satisfaction of both parties and the City Council;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 amanner 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 Community Redevelopment Law;and C. That the modifications to Planning Commission conditions of approval described above in Section 5(a)and 5(b)will not have a detrimental impact on the environment;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. That the 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 Council 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 unless other specified. ' ADOPTED this 5th day of April ,2000. AYES: Councilmembers Jones, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: CITY OF PALM SPRINGS,CALIFORNIA Interim City Manager City Clerk REVIEWED AND APPROVED AS TO FORM: 1 R19770 Page 6a iFt[r _____ -_T r—_ ��nr�iMrrm . r , Tl iK i I i " F S � 1 i !I b ! gg k� 0 X1 A 9 R19770 Page 7 RESOLUTION NO. 19770 EXHIBIT A , Case Nos, 3.1795 (Major Architectural Approval) Tentative Parcel Map 29450 Lowe's Home Improvement 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 conforms 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. 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 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 the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter,be responsible to defend,indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing,the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse 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 cashiers 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) 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. 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 vaned,upgraded landscape and decorative wall program 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 Planning 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 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 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 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$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 permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of 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 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. 18. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas, 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 comer 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 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. 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 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 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 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 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. 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"desifm. 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 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 designatW 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 Agra Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning 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 Planning 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 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 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 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 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 form 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 under the rnain 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 p Ian, 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 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 landlscape plan package prior to the issuance of building permits. 56. A direct vehicular access between the parking field and the main(westernmost)ddve 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. 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 11 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 construction 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 Ag9ncy requirements,NFPA Standards 13, 14,24, 25, 26, 30, 54, 70, 71,72, 72A, 72D,72E,72F, 720, 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 unobstructed 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 forms. 70. 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. 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 con struction 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 Form. 74. Access for fire fighting equipment shall be provided to the immediatejob 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. ACommercial(H-2Type)Fire Hydrant meeting Desert Water Agency specificat ions 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. 83. 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 1.998 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 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. 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 immediately 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 Highway 111 (Gene Autry Trail South),, A copy of Caltrans requirements shall be submitted to the City Engineer iprior 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. 3. The property owner shall enter into a reciprocal access agreement for parldng 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 channelize 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 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 DRIVEWAY per City of Palm Springs Std.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 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. 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 turn 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 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. 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 I 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 REV' 15. The driveway approach shall be constructed in accordance with City ol'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.Dwg.Nos.212 and 212A. ' 18. All broken or off grade CURB, GUTTER, SIDEWALK ANI) 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 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. 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. 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. 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 Plamung 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/Reporl,IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit fi-om ' 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 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 Cade, 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 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 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 shown on the approved site plan. 38. The on-site parking lot shall be constructed 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 determined 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 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 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 minimum of 48 inches ol'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 sidlewalk 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 Comer of Main Entrance @ 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 Corner of Driveway @ Gene Autry Trail South 49. The developer shall install `No Left Tom' 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 16,000lumen 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. 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 lurninaire shall be fiurrished by the developer. 53. The developer shall install a 16,000lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the SOUTHEAST comer 1 R19770 Page 24 of Ramon Road East and Main Entry with the mast arm over Ramon Road East.The pole and luminaire shall be fiunished 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.