HomeMy WebLinkAbout20211 - RESOLUTIONS - 10/31/2001RESOLUTION NO. 20211
OF THE CITY COUNCIL OF THE CITY OF' PALM
SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0827 '
(PLANNED DEVELOPMENT DISTRICT NO. 259) AND
TENTATIVE PARCEL MAP NO. 29638 TO ILUNDIN
DEVELOPMENT COMPANY, FOR A PRELIMINARY
PLANNED DEVELOPMENT DISTRICT FOR A
PROPOSED INTEGRATED, 104,478 SQUARE FOOT,
SINGLE -PHASED NEIGHBORHOOD SHOPPING
CENTER CONSISTING OF A 57,342 SQUARE: FOOT
SUPERMARKET, DRUG STORE WITH DRIVE -THROUGH
PHARMACY, TWO FAST FOOD RESTAURANTS, ,AND
VARIOUS RETAIL SPACE AND THE SUBDIVISION OF
THE 9.9 GROSS ACRE/8.29 NET ACRE SITE INTO
EIGHT (8) PARCELS, RANGING IN SIZE FROM 0.13
ACRES TO 2.84 ACRES, LOCATED AT THE
NORTHWEST CORNER OF RAMON ROAD AND
SUNRISE WAY, C-1 ZONE, SECTION 14.
WHEREAS, Lundin Development Company (the "Applicant") filed an application with the
City pursuant to Section 9403.00 of the Zoning Ordinance, Case No. 5.0827 (Preliminary
Planned Development District No. 259) and pursuant to Section 9.60 of the Palm Springs
Municipal Code, Tentative Tract Map No. 29638 for the development of an integrated,
single -phased, 104,00 square foot, neighborhood commercial shopping center consisting
of a Ralph's Supermarket, a drug store with drive -through pharmacy, three fast food '
restaurants, two with drive -through lanes, and three retail buildings and the subdivision of
the 9.9 gross acre site (8.29 net acres after dedication) into nine parcels ranging in size
from 0.13 acres to 2,82 acres located at the northwest corner of Ramon Road and Sunrise
Way, C-1 Zone, Section 14, and;
WHEREAS, on January 17, 2001, when previously considered by the City Council, the City
Council,voted to require that an Environmental Impact Report be prepared for this project;
and
WHEREAS, a Final Environmental Impact Report (Final EIR) was prepared in accordance
with the California Environmental Quality Act (CEQA), State CEQ,4 guidelines, City CEQA
Implementing Guidelines and includes the Draft Environmental Impact Report, public
comments and written responses thereto, Notice of Preparation, Technical Appendix
(Environmental Noise Assessment and Traffic Study), Planning Commission minutes and
other correspondence; and
WHEREAS, a Final EIR was prepared for the Preliminary Planned Development District
(PD No. 259), for a 104,478 square foot neighborhood shopping center, a Tentative Parcel
Map No. 29638 and General Plan Amendment to amend Policy 6.22.2 to allow for
alternative buffers between Commercial uses or Mixed -uses and residential uses in the
event of a hardship; and
WHEREAS, notice of public hearings of the Planning Commission of the City of Palm
Springs to consider the Applicant's application for Preliminary Planned Development (PD
No, 259) and Tentative Parcel Map No. 29638 were given in accordance with applicable
law: and
Res. No. 20211
Page 2
WHEREAS, on August 22, 2001, and continued to September 12, 2001, and on
September 26, 2001, public hearings on the application for a General Plan Amendment,
Preliminary Planned Development District 259 and Tentative Tract Map No. 29638 were
' held by the Planning Commission in accordance with applicable law; and
WHEREAS, on September26, 2001, the Planning Commission voted to recommends that
the City Council approve the proposed project; and
WHEREAS, notice of public hearings of the City Council of the City of Palm Springs to
consider the Applicant's application for Preliminary Planned Development (PD No, 259) and
Tentative Parcel Map No. 29638 were given in accordance with applicable law; and
WHEREAS, on October 17, 2001 and October31, 2001, public hearings on the application
for a General Plan Amendment, Preliminary Planned Development District 259 and
Tentative Tract Map No. 29638 were held by the City Council in accordance with applicable
law; and
WHEREAS, the City has determined that the project will further the City's goals by
implementing the General Plan and contributing to the economic and physical of an
existing neighborhood shopping center; and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has
considered the effect of the proposed project on the housing needs of the region in which
Palm Springs is situated and has balanced these needs against the public service needs of
its residents and available fiscal and environmental resources; and found that the approval
of the proposed Subdivision represents the balance of these respective needs in a manner
' which is most consistent with the City's obligation pursuant to its police powers to protect
the public health, safety, and welfare; and
WHEREAS, the City has balanced the project impacts, against the benefits its citizens will
receive from the project, such as the provision of jobs and services and has decided that
the benefits of the project approval outweigh its impacts and has adopted a Statement of
Facts and Findings, a Mitigation Monitoring and Reporting Program and Statement of
Overriding Considerations; 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, all environmental data including the Draft EIR, the Final EIR, and all written and oral
testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
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Res. No. 20211
Page 3
Section 1: Pursuant to the California Environmental Quality Act (CEQA), the City
Council finds that:
a. The General Plan Amendment, Preliminary Planned Development District '
and Tentative Parcel Map are fully evaluated with the Draft EIR and Final
EIR that has been recommended to be certified by the City Council and is
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
procedures contained in the City's CEQA Guidelines; The final EIR
adequately address the general environmental setting of the proposed
Project, its significant environmental impacts, and the alternatives and the
mitigation measures related to each potentially significant environmental
effect for the proposed Project. The City Council has independently
reviewed, evaluated and considered the information contained in the FEIR.
Section 2: Pursuant to Government Code Section 66743.5, the City Council finds that
the proposed project and its provisions for its design and improvements are
compatible with the objectives, policies and general land uses and
programs provided in the City's General Plan which includes a
Neighborhood Convenience Center at this location and Zoning Ordinance
which allows the proposed uses as permitted uses or conditional uses
within the C-1 retail business zone. The project complies with all property
development standards, with the exception of the; proposed minimum lot
sizes, minimum lot widths, setbacks along the street frontages, setbacks
along the north property line and required parking, with the incorporation of
the conditions of approval.
Section 3: A Mitigation Monitoring and Reporting Program has been prepared in '
accordance with Public Resources Code Section 21081.6 in orderto assure
compliance with the above referenced mitigation measures during project
implementation. This Mitigation Monitoring and Reporting Program will be
included in the Final EIR.
Section 4: The Planned Development District (PD) application was filed and processed
accordingly per Section 9403.00 (Planned Development District) to ensure
compliance with the City of Palm Springs Zoning Ordinance.
Section 5: The Tentative Parcel Map application was filed and processed accordingly
per Section 9.62 (Maps) to ensure compliance with the City of Palm
Springs Municipal Code.
Section 6: 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.
Section 7: 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.
Section 8: Pursuant to Government Code (Subdivision Map Act) Section 66474, the
City Council finds that with the incorporation of those conditions attached in
Exhibit A:
Res. No. 20211
Page 4
a. The proposed Tentative Map is consistent with applicable general and
specific plans.
' The application entails subdividing 9.9 gross acres (8.29 net acres) into eight (8)
lots, for the development of a single -phased neighborhood commercial
convenience shopping center. The subject property is designated as "NCC"
(Neighborhood Convenience Center) on the City's General Plan Land Use Map
and "C-1" (Central Retail Business Zone) pursuant to the Zoning Map, consistent
with the existing General Plan designations. The purpose of the Neighborhood
Convenience Center General Plan designation is to provide for an opportunity for
convenience commercial uses to be oriented directly to the residential
neighborhoods they need by means of a planned commercial complex, serve as
an integrated element of the neighborhood and to promote a harmonious
relationship between convenience services and the residential environment
through compatibility of site design and architectural treatment of structures.
Commercial/retail shopping centers that serve both residents and visitors is
specified as a recommended land use pursuant to the Neighborhood
Convenience Center designation in the General Plan. The proposed subdivision
and related project comply with the General Plan, in that the development and
uses proposed (supermarket, drug store, fast-food restaurants and various retail
tenants) are consistent with the intended uses within the applicable General Plan
designations and, with the mitigation measures recommended in the
Environmental Assessment, will not have a significant impact on the surrounding
neighborhood.
In addition, the eastern one-half of the site is designated "NC" (Neighborhood
' Commercial) and western one-half of the site is designated "HR" (Residential High)
pursuant to the Draft Section 14 Master Development Plan/Specific Plan proposed
by the Agua Caliente Band of Cahuilla Indians. The purpose of the Neighborhood
Commercial designation is to allowfor neighborhood convenience commercial uses
that serve the daily needs of local residents in a complex or center that is primarily
accessed by automobile. The purpose of the High Density Residential is to
encourage the development of residential uses of 21 to 30 dwelling units per acre
.and/or hotels in a private and exclusive setting. Tribal Planning staff has indicated
that, although the western half of the site is designated for future residential uses,
the proposed neighborhood commercial convenience center is in consonance with
the spirit and intent of the draft specific plan, providing needed retail uses to
residents of the area and tourists alike.
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Res. No. 20211
Page 5
b. The design or improvement of the proposed subdivision is consistent with
the General Plan and any applicable Specific Plan.
The subject site is designated "NCC' (Neighborhood Convenience Center) '
pursuant to the General Plan Land Use Map and "C-1" (Central Retail Business
Zone) pursuant to the Zoning Map. The project has been designed to be consistent
with General Plan Policies 3.26.1 and 3.26.2 relative to Neighborhood Convenience
Center development, by providing a diversity of local serving commercial uses and
serving a radius of approximately one-half to one mile with a supermarket as a
major tenant. The General Plan designation of "NCC' requires a 10-30 acre site,
the proposed project location, an urbanized in -fill site, is 9.9 gross acres, 8.29 net
acres, the existing project is approximately 5 acres in size. The design and
improvement of the proposed subdivision and related Neighborhood Convenience
Center includes a 10 foot tall decorative block wall along the west property line and
the orientation of the Retail Building #3 along the north property line will serve as a
significant buffer from existing and future land uses to the north and west, where
two multiple family residential apartment projects currently exist. Ramon Road and
Sunrise Way, which are designated as major thoroug hfares and scenic corridors on
the General Plan Land Use Map, will continue to serve as a significant buffer from
existing commercial land uses to the south and east of the site. Thus, the
subdivision and related planned development are compatible with the surrounding
neighborhood.
C. The site is physically suitable for the type of development contemplated by
the proposed subdivision.
The project is located on approximately 9.9 gross acres, 8.29 net acres of land.
The easterly half of the property (approximately 5 gross acres) is currently
1
developed with a commercial shopping centertotaling approximately46,080 square
feet of building area. An automobile service station was recently demolished at the
southeast corner of the property. The westerly half of the property (approximately
5 gross acres) is currently undeveloped with scattered desert brush, with the
exception of the Desert Water Agency domestic water facility on the north central
portion of the site. A Riverside County Flood Control District flood channel bisects
the property, entering the site at the northwest comer and curves to flow southerly
as it approaches Ramon Road, with the eastern boundary of the channel
corresponding to the approximate north -south center of the project site. The
developer contemplates paving over the channel to utilize the area within the field
of parking to create the integrated shopping center. Curb, gutter, sidewalk and
mature palms currently exist along all of the Sunrise Way project frontage and a
majority of the Ramon Road frontage. The subdivision and related project have
been designed to comply with a majority of the applicable property development
and/or performance standards of these zones, as required by the Zoning
Ordinance, with the exception of the proposed minimum lot sizes and required
parking, which have been considered pursuant to Section 9403.00 of the Zoning
Ordinance (Planned Development District). The proposed subdivision is consistent
with all applicable environmental plans, and is compatible with existing land uses in
the immediate vicinity of the project site, with the mitigation measures
recommended in the environmental assessment for the project. Adequate street
frontage exists to allow for smooth and efficient vehicular and pedestrian access to
the site and to minimize interference with traffic flows on existing or planned
thoroughfares adjacent to the project site, with the recommended mitigation
'
measures and/or conditions of approval. Thus, the site is physically suitable for the
type of development contemplated by the proposed subdivision.
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Res. No. 20211
Page 6
The site is physically suitable for the proposed density of development
contemplated by the proposed subdivision.
' As stated above, the subdivision and related project have been designed to comply
with a majority of the applicable property development and/or performance
standards of these zones, as required by the Zoning Ordinance, with the exception
of the proposed minimum lot sizes, minimum lot widths, setbacks along the street
frontages, setbacks along the north property line and required parking, which have
been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned
Development District). The proposed subdivision and related neighborhood
convenience center contemplated under Tentative Parcel Map 29638 and Planned
Development District No. 259 will be compatible with existing General Plan land use
and zoning designations to the north, east and west, with the recommended
mitigation measures relative to land use and planning and noise implemented with
the proposed project. Although there are lots within the proposed subdivision that
do not meet the minimum lot size of 20,000 square feet, as contemplated per the
Planned Development District, the design of the integrated, master -planned project
will not give the appearance that lots do meet minimum lot size criteria. Along the
west property line and portions of the north property line, where multiple family
residential apartment developments currently exist, it will be required through the
final development plan process that an 8 to 10 foot tall decorative block wall, and a
sufficient landscape buffer, where possible, be incorporated into the project design
to mitigate any land use compatibility concerns. Thus, the density of the proposed
subdivision and related planned development will be compatible with surrounding
neighborhood.
' e. The design of the proposed subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
Conditions of this subdivision and related planned development will require full
public improvements along Ramon Road and Sunrise Way to be completed to the
satisfaction of the City with the proposed neighborhood convenience center
.development. The proposed project is an urban in -fill development on a project site
located within the urbanized area of the City with existing development in all four
directions and has not been identified to be within an area of biological concern or
an area that would have any substantial impacts on fish or wildlife or their habitat.
The design of the subdivision or type of 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 traffic signal and lane
configuration modifications along Ramon Road and Sunrise Way, landscaped
median islands on Ramon Road and Sunrise Way, and a combination screen
wall/landscape buffer or building orientation to minimize the potential noise and
aesthetic impacts between the proposed subdivision from the adjacent residential
development to the north and west.
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Res. No. 20211
Page 7
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, 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
and Sunrise Way to access the site. Currently, the western one-half of the subject
property is vacant and therefore usage of surrounding roads, sidewalks and utilities
is due is significantly less at this time. However, the future property owner will
benefit from any improvements made to the above streets such as travel lane
widening, modified traffic signalization for better traffic flow and other traffic
controls and aesthetic features, such as landscaped median islands on Ramon
Road and Sunrise Way.
Section 9: Pursuant to Section 9403.00 of the Zoning Ordinance, the City Council
finds that with the incorporation of those conditions attached in Exhibit A:
a. The use applied for at the location set forth in the application is properly one
for which a Planned Development District is authorized by the City's Zoning
Ordinance.
The proposed Planned Development District will allow for an integrated, 104,000
square foot neighborhood commercial shopping center consisting of a Ralph's
Supermarket, a drug store with drive -through pharmacy, three fast food
restaurants, two of which are proposed to be served by drive -through lanes, and
three retail buildings, which is permitted pursuant to Section 9403.00 (Planned
Development District).
b. The proposed Planned Development District is consistent with the
applicable general and specific plans.
The subject property is designated as "NCC" (Neighborhood Convenience
Center) on the City's General Plan Land Use Map and "C-1"(Central Retail
Business Zone) pursuant to the Zoning Map. The purpose of the Neighborhood
Convenience Center General Plan designation is to provide for an opportunity for
convenience commercial uses to be oriented directly to the residential
neighborhoods they need by means of, a planned commercial complex, serve as
an integrated element of the neighborhood and to promote a harmonious
relationship between convenience services and the residential environment
through compatibility of site design and architectural treatment of structures.
Commercial/retail shopping centers that serve both residents and visitors is
specified as a recommended land use pursuant to the Neighborhood
Convenience Center designation in the General Plan. The project complies with
the General Plan, in that the development and uses proposed (supermarket, drug
store, fast-food restaurants and various retail tenants) are consistent with the
intended uses within the applicable General Plan designations and, with the
mitigation measures recommended in the Final EIR, will not have a significant
impact on the surrounding neighborhood and supports the goals and policies of
the General Plan.
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Res. No. 20211
Page 8
C. The said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
General Plan, and is not detrimental to existing uses or to future uses
' specifically permitted in the zones in which the proposed use is to be
located.
The proposed Preliminary Planned Development District application for a single -
phased, 104,000 square foot neighborhood convenience center, consisting of a
Ralph's Supermarket, a drug store with drive -through pharmacy, three quick
service restaurants two of which are proposed to be served by drive -through lanes,
and three retail buildings will provide retail services geared toward both residents
and tourists of the community, consistent with the objectives of the Neighborhood
Convenience Center component of the General Plan and the zone in which the site
is located (i.e. the site is zoned "C-1 ", Central Retail Business Zone). The planned
development will provide expanded retail conveniences for nearby residents and
tourists in a centralized location adjacent to two major thoroughfares (Ramon Road
and Sunrise Way), where the type of development proposed under this application
is most appropriate to handle the projected amount of automotive traffic and related
on -site parking. The subject project incorporates upgraded architectural styles and
landscaping in order to become aesthetically compatible with surrounding
developments. Additionally, driveways have been or will be required to be located
on the Ramon Road and Sunrise Way street frontages in a manner that will provide
safety and aesthetic benefits and is consistent with policies of the General Plan.
d. The design or improvements of the proposed planned development are
consistent with the General Plan.
' The subject site is designated "NCC" (Neighborhood Convenience Center)
pursuant to the General Plan Land Use Map and "C-1" (Central Retail Business
Zone) pursuant to the Zoning Map. The project has been designed to be consistent
with General Plan Policies 3.26.1 and 3.26.2 relative to Neighborhood Convenience
Center development, by providing a diversity of local serving commercial uses and
serving a radius of approximately one-half to one mile with a supermarket as a
major tenant. An 8 to 10 foot tall decorative block wall along the west and portions
of the north (interior) property lines, along with the orientation of the Retail Building
#3, in a zero lot line configuration along the north property line will serve as a
significant buffer from existing and future land uses to the north and west, where
two multiple family residential apartment projects currently exist. Ramon Road and
Sunrise Way, which are designated as major thoroughfares and scenic corridors on
the General Plan Land Use Map, will continue to serve as a significant buffer from
existing commercial land uses to the south and east of the site. Thus, design and
improvement of the proposed planned development should be compatible with the
surrounding neighborhood.
Res. No. 20211
Page 9
e. The site for the intended use is adequate in size and shape to
accommodate said use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust said use to those
existing or permitted future uses of land in the neighborhood (i.e. the site is I
physically suitable forthe type of development contemplated by the planned
development).
The project is located on approximately 9.9 gross acres, 8.29 net acres of vacant
land. The easterly half of the property (approximately 5 gross acres) is currently
developed with a commercial shopping centertotaling approximately 46,080 square
feet of building area. An automobile service station was recently demolished at the
southeast corner of the property. The westerly half of the property (approximately
5 gross acres) is currently undeveloped with scattered desert brush, with the
exception of the Desert Water Agency domestic water facility on the north central
portion of the site. A Riverside County Flood Control District flood channel bisects
the property, entering the site at the northwest corner and curves to flow southerly
as it approaches Ramon Road, with the eastern boundary of the channel
corresponding to the approximate north -south center of the project site. The
developer contemplates paving over the channel to utilize the area within the field
of parking to create the integrated shopping center. Curb, gutter, sidewalk and
mature palms currently exist along all of the Sunrise Way project frontage and a
majority of the Ramon Road frontage. The project has been designed to comply
with a majority of the applicable property development and/or performance
standards of these zones, as required by the Zoning Ordinance, with the exception
of the proposed minimum lot sizes, minimum lot widths, setbacks along the street
frontages, setbacks along the north property line and required parking, which have
been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned ,
Development District). The proposed planned development is consistent with all
applicable environmental plans, and is compatible with existing land uses in the
immediate vicinity of the project site, with the mitigation measures recommended in
the Final EIR for the project. Adequate street frontage exists to allow for smooth
and efficient vehicular and pedestrian access to the site and to minimize
interference with traffic flows on existing or planned thoroughfares adjacent to the
project site, with the recommended mitigation measures and/or conditions of
approval. Thus, the site is physically suitable for the type of development
contemplated by the proposed planned development.
The site is physically suitable for the proposed density of development
contemplated by the proposed planned development.
As stated above, the project has been designed to comply with a majority of the
applicable property development and/or performance standards of these zones, as
required by the Zoning Ordinance, with the exception of the proposed minimum lot
sizes and required parking, which have been considered pursuant to Section
9403.00 of the Zoning Ordinance (Planned Development District). The proposed
neighborhood convenience center contemplated under Planned Development
District No. 259 will be compatible with existing General Plan land use and zoning
designations to the north, east and west, with the recommended mitigation
measures relative to land use and planning and noise implemented with the
proposed project. Although there are lots within the related subdivision that do not
meet the minimum lot size of 20,000 square feet, as contemplated per the Planned '
Development District, the design of the integrated, master -planned project will not
give the appearance that lots do not minimum lot size criteria. Along the north and
west property lines, where multiple family residential apartment developments
currently exist, to address these issues in this situation, it will be required through
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Res. No. 20211
Page 10
the final development plan process that, to the greatest extent possible, canopy
trees and a shrub hedge be provided in a landscape planter sufficient in width to
accommodate a heavy landscape screen along the west and north property lines to
' augment the perimeter screen walls along these property lines, where possible.
Large truck deliveries shall be limited to between the hours of 7:00 a.m. and 8:00
p.m. to minimize potential noise impacts to residents of the adjacent apartment
complexes north and west of the site, and the decorative block walls on the interior
property lines be increased to eight to ten feet in height. Additionally, a dense
landscape hedge adjacent to the truck loading area and the Desert Water Agency
well site shall be incorporated into the project design. All of the above requirements
are necessary to mitigate any land use compatibility concerns between the
proposed neighborhood commercial center and adjacent residential developments
and/or vacant residentially zoned land. Thus, the density of the proposed planned
development will be compatible with surrounding neighborhood.
The site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The proposed Planned Development is bordered on two sides (east and south) by
existing roadways (Ramon Road and Sunrise Way), both of which are designated
as major thoroughfares per the General Plan. Based on the Traffic Study dated
February, 2000 prepared by Albert Grover and Associates, the future development
of the project will generate approximately 7,587 total daily trips, of which 5,573 are
new trips beyond the number of trips generated by the existing shopping center on
the eastern half of the site. This translates into approximately 1,040 trips (530 trips
in and 510 trips out) during the afternoon peak hour, the time at which the
combination of project traffic and adjacent street traffic volumes are at their highest.
The project increase in trips associated with the development would account for
approximately 710 of the peak afternoon trips. The traffic report concluded that,
based on the estimate of 7,587 project related trips per day, the development of
the new shopping center will not result in increased delays or significant volume
capacity changes, such that the intersection will remain at a LOS "C" in the project
opening year (2000). However, in the analysis of future traffic conditions (2010),
the Traffic Study indicates that, with the shopping center developed as proposed,
the Ramon Road/Sunrise Way intersection will operate at a LOS "D"(long delay)
during the afternoon peak hour. In addition to the findings and recommendations
in the Traffic Study, the developer will be required to construct a 14-foot wide
landscaped, raised median island on Ramon Road from Sunrise Way South to the
west property line and Sunrise Way South from Ramon Road to the north property
line. The purpose of the raised medians would be to prohibit left turns out from the
driveways on Ramon Road and Sunrise Way, as is it estimated that future (2010)
traffic conditions would warrant controlled left turn movements based on the
relationship of the driveways and their proximity to the Ramon/Sunrise intersection.
The project proponent will also be required to contribute to roadway improvements
of regional benefit by participating in the Transportation Uniform Mitigation Fund
(TUMF) program and comply with the City's Transportation Demand Management
(TDM) Ordinance. All other secondary transportation related items, have been
incorporated into the recommended Conditions of Approval for the project (Exhibit
A). With these conditions in place, the vehicular circulation system will not be
negatively impacted by trips generated from this project
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Res. No. 20211
Page 11
h. The conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare,
including any minor modifications of the zone's property development ,
standards.
All proposed conditions of approval are necessary to ensure public health and
safety including, but not limited to, the requirements for traffic signal modifications,
construction of raised landscaped median islands along the Ramon Road and
Sunrise Way frontages, street lane widening, provisions for delivery truck access,
new curbs, gutters and sidewalks, and a landscape/wall buffer between the project
and the adjacent residential developments.
A nexus and rough proportionality have been established for requirement of
dedication of the additional right-of-way to the City and the off -site
improvements as related to the Planned Development District.
The conditions requiring off -site improvements which are required by City
ordinances are related to the proper function of the project in the proposed location.
Patrons and employees will utilize the three surrounding streets to access the site.
Conditions of approval require street widening, modifications of a traffic signal, and
the construction of raised, landscaped median islands on Ramon Road and
Sunrise Way, the installation of other public improvements such as, but not limited
to, pavement, striping, curbs, gutters and sidewalks along the project frontages. All
of the required off -site improvements will provide direct and immediate safety
benefits to the patrons and owners of the proposed project and the requirements
will provide for an aesthetically pleasing site for its users to enjoy. The required
improvements are in rights -of -way immediately adjacent to the site, which must be
utilized by those accessing the subject site. These improvements and/or mitigation
include the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon
issuance of building permits of all phases of the project, the installation of new bus
bay turnouts along Ramon Road and Sunrise Way, as well as the required
improvements mentioned above. Without the proposed project, which will provide
for approximately 104,000 square feet of retail commercial uses and approximately
5,573 new automobile trips to the project site, these improvements would not be
warranted.
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Res. No. 20211
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NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case No. 5.0827 (Planned Development District No. 259)
and Tentative Tract Map No. 29638 subject to those conditions set forth in the in
Exhibit A. on file in the Office of the Department of Planning and Building, which are
to be satisfied prior to the issuance of a Certificate of Occupancy unless other
specified.
ADOPTED this 31st day of October , 2001
AYES: Members Hodges, Jones, Oden, Reller-Spurgin, and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
aty clerk aty Manager
REVIEWED AND APPROVED AS TO FORM
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Res. No. 20211
Page 13
RESOLUTION NO. 20211
EXHIBIT A
Case No. 5.0827 (PD 259) and Tentative Parcel Map No. 29638 '
Lundin Development Company
Northwest Corner of Ramon Road and Sunrise Way
October 31. 2001
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Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief
or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
la. 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.
1 b. 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 No. 5.0827 (PD 259) and
Tentative Parcel Map No. 29638. 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.
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. All mitigation measures adopted in the Mitigation Monitoring and Reporting
Program shall be complied with.
Res. No. 20211
Page 14
4. The final development plans shall be submitted in accordance with Section 9403.00
of the Zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
1 exterior lighting plans, sign program, mitigation monitoring program, site cross
sections, property development standards, bus shelter design, exterior building
materials (walls, paving and other item as necessary) and other such documents as
required by the Planning Commission. Final development plans shall be submitted
within two (2) years of the City Council approval of the preliminary planned
development district.
5. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted
for approval per Condition No. 4 above. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The applicant prior to issuance of building permits shall submit a draft declaration
of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and
Building for approval in a form to be approved by the City Attorney, to be recorded
prior to issuance of occupancy permits. The CC&R's shall be enforceable by the
City, with the right to lien the property for enforcement and maintenance costs
incurred by the City, shall not be amended without City approval, shall require
maintenance of all property in a good condition, in accordance with all ordinances
and shall include provisions for reciprocal access and parking throughout the
shopping center and incorporate appropriate conditions contained herein.
The applicant shall submit to the City of Palm Springs, a deposit in the amount of $
2,000.00, for the review of the CC&R's by the City Attorney.
12. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
13. All materials on the flat portions of the roof shall be earth tone in color.
Res. No. 20211
Page 15
14. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to be located on the
roof of the building, the equipment heights, and type of screening. Parapets shall
be at least 6" above the equipment for the purpose of screening.
15. 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.
16. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
17. 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.
18. The street address numbering/lettering shall not exceed eight inches in height.
19. In accordance with Section 93.21.00 of the Lighting Ordinance, an exterior lighting
plan shall be submitted for review and approval by the Director of Planning &
Building prior to the issuance of building permits. A photometric study for the
parking areas 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.
20. Not used.
21. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
22, Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosures prior to issuance of a building permit.
23. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform
Building Code, the fee being 1/2% for commercial projects or 1/4% 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.
24. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems and approved drive -through restaurants.
25. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
Res. No. 20211
Page 16
26. Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved by
the Planning Commission.
27. 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.
28. The applicant shall provide all tenants with Conditions of Approval of this project.
29. A Land Use Permit shall be obtained for each future indoor and outdoor restaurant
use prior to occupancy of these users and any outdoor Christmas Tree parking lot
sales.
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, as set forth in Section 9306.00 of the Zoning
Ordinance. Details to be provided with final landscape plan.
32. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
33. 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.
34. Tree wells shall be provided within the parking lot and shall have a planting area of
six feet in diameter/width.
35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18
feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking
space; two (2) handicap spaces can share a common walkway. One in every eight
(8) handicap accessible spaces, but not less than one (1), shall be served by an 8
foot walkway on the right side and shall be designated as "van accessible".
36. 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.
' 37. Compact and handicapped spaces shall be appropriately marked per Section
9306.000 10.
Res. No. 20211
Page 17
38. 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.
39. All awnings shall be maintained and periodically cleaned.
40. Not used.
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 8.40 of
the Municipal Code for specific requirements.
42. Not used.
43. The developer shall design, install and maintain design elements recommended
pursuant to the Draft Section 14 Master Development Plan/Specific Plan into the
final development plans for the project, with this condition to be included in the
CC&R's as follows:
A Type 1 Gateway feature on -site at the intersection of Ramon Road and
Sunrise Way;
Shade trees in an informal pattern along both street frontages;
— Native Washingtonia Filifera Palms and a combination of screen walls and
evergreen shrub massing along the Sunrise Wa,y frontage; and
— All other landscape elements contained in these conditions of approval.
44. All parking areas and drive -through lanes shall be adequately screened pursuant to
Section 9306.00 of the Zoning Ordinance. As such, four -foot high screen walls
and/or berms are required. Should berming be used adjacent to on -site retention
basins for on -site drainage, the berming shall be designed without extreme slopes
for a more natural appearance. If walls are utilized, the design, height, texture and
color of the walls shall be submitted for review and approval of the Director of
Planning and Building prior to the issuance of building permits.
45. A landscape screen (4'/2 feet in width or greater) shall be provided along the west
property line, to the extent possible along the north property line, the north side of
the loading dock for the supermarket, west of the loading area for the drug store to
screen these activities from areas of public view. Heavy landscape screening in the
streetscape areas adjacent to the drive -through lanes for the; fast-food restaurants
shall also be provided, as indicated on the preliminary development plans. Details
of the required screening shall be indicated on the Final Development Plans and
shall be reviewed and approved by the, Planning Commission prior to the issuance
of building permits.
46. A 10' raised screen wall shall be provided to better conceal the loading dock for the
supermarket and the drug store from areas of public view and contain noise.
Details of the wall and overhead trellis shall be reviewed as part of the Final
Development Plans by the Planning Commission.
Res. No. 20211
Page 18
47. Maintenance of all walls and structures shall be included in the CC&Rs, as required
by Condition # 11.
48. No more than 25% of the total square footage of the project shall include restaurant
uses, unless approved by the Planning Commission.
49. The site is contemplated to be developed in one phase. If phasing is proposed a
phasing plan shall be submitted with the Final Planned Development. If at such time
it is contemplated that the project site will be developed in multiple phases, future
building pads shall be treated with a dust inhibiting agent, hydroseeded and have
an automatic irrigation system installed in conjunction with the development of
Phase One, to the satisfaction of the Director of Planning and Building.
50. The project shall be designed to comply with Section 9210.00 of the Zoning
Ordinance, Neighborhood Shopping Center, with the exception of specific
modifications contemplated pursuant to this Planned Development District, such as
a reduction in lot size and lot width as shown on Tentative Parcel Map 29638,
building setbacks on the approved site plan, and landscape setbacks to parking on
the approved site plan.
51. Bus shelters shall be constructed along the Ramon Road and Sunrise Way street
frontages adjacent to the bus bay turnout areas, as indicated on the conceptual site
plan. The design of the bus shelters shall be integrated architecturally with the
architecture of the buildings and shall be submitted with the Final Planned
Development. The developer shall contact SunLine Transit for details regarding
bus stop furniture/shelter requirements. The property owner shall clean and
' maintain bus shelters under separate agreement with SunLine Transit.
52. 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.
53. 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 development plans by the
Planning Commission.
54. Condition 66, 66A and 66B shall be included in the CC&Rs.
55. Pedestrian "nodes" with furniture, shading, and other pedestrian amenities shall be
provided in locations as indicated on the conceptual site plan. 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.
Pedestrian nodes shall be buffered with landscaping around their perimeters, to the
satisfaction of the Director of Planning and Building. A detail of these areas will be
provide in the final landscape plans.
56. A material sample of the proposed special paving material shall be submitted for
review and approval as part of the Final Planned Development
57. No roof top advertising or signage shall be permitted on the buildings.
58. A 20' landscape buffer shall be required adjacent to the parking area behind the
Sunrise Way property line. Additional landscape buffers shall be required at the
Ramon Road driveways adjacent to the parking areas. An additional landscape
buffer shall be required south of the SavOn's trash/ recycling enclosure.
Res. No. 20211
Page 19
59.
The final site, landscape and irrigation plans shall incorporate design elements to
serve and enhance the pedestrian and alternative transportation component, with
functional and attractive pedestrian areas, an enhanced internal pedestrian
circulation system with special paving and additional landscaped areas in said
'
pedestrian areas and lining the pedestrian circulation system, as indicated on the
preliminary site plan.
60.
The trash enclosures will be shown on the Final Planned Development plans with
a screening detail and shall be relocated to not be as visible from Ramon Road and
Sunrise Way.
61.
The final colors shall be consistent with those indicated on the architectural
elevations and color and material sample boards for the project, to the satisfaction
of the Director of Planning and Building.
62.
A 10% reduction in parking shall be approved as part of the project.
63.
Streetscape landscape buffers in areas adjacent to the bus turnouts on Sunrise
Way and Ramon Road shall be larger and feature additional planting wherever
possible, to the satisfaction of the Director of Planning and Building. The final
development plans shall indicated compliance with this condition.
64.
The final design of the landscape planters within the parking field shall be designed
to include a minimum of 50% shading of the entire parking lot and shall be reviewed
and approved as part of the final development plans, to the satisfaction of the
Planning Commission.
65.
The applicant shall construct a decorative 8' -10' block wall along the western and
,
northern property line. The final design will be approved by the Planning
Commission as part of the Final Planned Development.
66. Left turns out of the shopping center from the easternmost driveway on Ramon
Road shall be permitted from the opening date of the shopping center until one of
'the following occurs: 1) An accident pattern is established or multi -way stop
accident warrants are met, as determined by the City Engineer; or 2) A Ramon
Road volume of 25,000 vehicles per day is exceeded along the project frontage. If
10 years after the date of City Council approval have elapsed and neither 1 or 2
above have occurred, the security required under Condition No. 66B shall be
returned to the paying party. If items 1 or 2 above become applicable, then the City
Engineer shall commence construction modifications to the Ramon Road median
island to prohibit left turns out of the easternmost driveway without further advance
notice to the property owners and tenants within the shopping center beyond that
specified in Condition No. 66A below.
66A. A covenant containing the above information shall be recorded against all parcels
within the shopping center subdivision in conjunction with the Final Map and a
tenant disclosure statement outlining the above requirement shall be included in all
tenant leases and within the Covenants, Conditions and Restrictions (C,C & R's) for
the project, in a format acceptable to the Director of Planning and Building, the City
Attorney and the City Engineer.
66B. A cash deposit in an amount acceptable to the City Engineer shall be submitted to
financially secure any necessary future improvements on Ramon Road that would
restrict left turns out from this driveway, as determined by the City Engineer.
Res. No. 20211
Page 20
67. Prior to the issuance of building permits, Lundin Development Co. shall deposit
$50,000 to the City for the purposes of preparing a City-wide Historic Resources
Survey.
These funds shall be deposited into a dedicated account and shall not be used for
any other purpose.
This Condition of Approval shall become null and void if:
a. Any CEQA challenge is filed against the project's EIR, or
b. Any Referendum is legally effected, or other litigation is filed challenging the
approval of this project, or
c. The project does not proceed to building permit.
The Survey's specific criteria, timing, and terms of adoption shall include input from
the Palm Springs Modern Committee and the Historic Site Preservation board, and
be approved by the City Council.
POLICE DEPARTMENT:
68. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
' Municipal Code.
WASTE DISPOSAL SERVICES:
69. 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:
70. Prior to any construction on -site, all appropriate permits must be secured.
FIRE:
Construction shall be in accordance with 1998 CFC, 1998 CBC, 1996 NEC, UL
listings, CSFM listings, Palm Springs Ordinance 1570, Desert Water Agency
requirements, NFPA Standards 13, 24,25,26,71,72,72E, 72G. 96,110, 760, plus UL
- 300 requirements, RivCo Flood Control District / Planning Division and RivCo
Environment Health Department /Hazardous Materials Division.
2. Fire Department Access Roads shall be provided and maintained in accordance
with the 1998 CFC, Art. 9, Sec. 902.
3. Fire apparatus access roads shall have an unobstructed width of not less than 20'
and an unobstructed vertical clearance of not less than 14'6" in accordance with
1998 CFC, Art.9, Sec. 902.2.21 and PSO 1570.
Res. No. 20211
Page 21
4. Required marking of Fire Apparatus Roads and Fire -Protection Equipment shall be
in accordance with the 1998 CFC Art. 9, Sec. 901.4.
5. Fire apparatus access roads shall be designed and constructed as all weather
capable and able to support a fire truck weighing 67,000 Lbs. in accordance with
1998 CFC, Art. 9, Sec. 902.2.2 and PSP 1570.
6. The turning radius of fire apparatus roads shall be at least 43' from centerline in
accordance with 1998 CFC, Art. 9, Sec. 902.2.2.3 and PSO 1570.
7. Construction site fencing required per PSO 1570 if combustible construction is
5,000 Sq. Ft. Or more or if the Fire Marshal deems necessary as the Authority
Having Jurisdiction.
8. Construction site fire department access gates shall be at least 14' in width and
equipped with a frangible chain and padlock.
9. A construction site guard is required per PSO 1570, for combustible construction
over 10,000 Sq.Ft., or when the Fire Marshal deems necessary as the Authority
Having Jurisdiction. The guard shall remain intact until buildings are stuccoed or
covered and secured with lockable doors and windows.
10. The guard must be on duty at the construction site during all normal non -working
hours or as the Fire Marshal deems necessary.
11. Provide Functional Fire Hydrant(s) on site before construction begins or
combustible materials are delivered on site. The location and number shall be
determined by the Fire Marshall. Contact the Fire Marshall's office as soon as
possible for further direction.
12, Where underground water mains are to be provided, 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.
13. 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.
14. 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.
15. Water supplies and fire hydrants shall be in accordance with 1998 CFC Art. 9, Sec.
903.4, and Appendix III-B plus DWA specifications.
16. A complete Automatic Fire Extinguishing System equipped with 24 hour monitoring
is required in accordance with 1998 CFC Art. 10, Sec. 1003, 1998 CBC, Chapters
3,4,5,9 and 10, PSO 1570 and NFPA 13. Upgraded construction not accepted lieu
of a fire sprinkler system. Final determination for (Fire Sprinkler System
requirements to be made by City of Palm Springs Fire Marshal as Local Authority
Having Jurisdiction.
Res. No. 20211
Page 22
17. Submittal to include manufacturers data/cut sheets and listings with expiration
dates on all equipment and material used. Submittal to include hydraulic
' calculations. Sprinkler heads shall be new, UL listed and CSFM approved.
Monitoring and alarms shall be in accordance with the 1998 CFC and NFPA 71 and
72,
18. All private fire service mains and their appurtenances to be installed in accordance
with NFPA 24.
19. All underground pipe and thrust blocks to be inspected by this office before
backfilling.
20. Contact this office at least 24 hours in advance for inspections, flushes and tests.
21. Class III Standpipes shall be installed in accordance with 1998 UFC, Art. 10, Sec.
1004 and 1998 CBC Chapter 9, Standard 9-2. Contact building official.
22. A ventilating Hood & Duct system shall be provided in accordance with the 1998
CFC, 1998 CBC, 1998 UMC, 1998 UPC, RivCo Health Department Regulations,
and UL - 300 for commercial - type food heat -processing equipment that produces
grease - laden vapors.
23. An approved Hood & Duct Automatic Fire Extinguishing System shall be installed
in accordance with 1998 CFC, Art. 10, NFPA 96 and UL - 300. Submit detailed
plans directly to this office for review as soon as possible. Submittal shall include
manufacturers data / cut sheets and listings with expiration dates on all equipment
and materials used.
24. A Commercial Fire Alarm System required. Installation and maintenance of a fire
alarm system shall be in accordance with 1998 CFC, Art. 10, Sec. 1007, NFPA 71-
72 and 760. Submit detailed plans directly to this office for review as soon as
possible. Submittal shall include manufacturers data / cut sheets and listings with
expiration dates on all equipment and materials used. Include battery calculations
with submittal.
25. Provide letters from designated UL Listed Central Station(s) used directly to this
office for file. Notify this office immediately of any change in Central Service.
26. The installation of all Fire Alarm Equipment and Wiring shall be in accordance with
The
72 and 760.
27. Upon completion of the installation of the Fire Alarm System, a satisfactory test of
the entire system shall be made. Contact this office at least 24 hours in advance
for inspection requests.
28. Fire Dampers shall be provided where air ducts penetrate fire -rated walls or
ceilings. Contact building official for requirements and testing.
29. 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.
Res. No. 20211
Page 23
30.
31
32.
33.
34.
Exit Doors, Corridors, Assemblies, Gates, Barriers, Stairways, Aisles, Spaces and
Ramps shall be in accordance with 1998 CBC. Contact building official.
Exit Illumination and Exit Signs shall be in accordance with 1998 California Building
Code. Contact Building Official.
Low Level exit signs where required by 1998 CBC Chapter 10 and building official
shall be Nuclear type as approved by this office.
Flame Retardant Treatment and Standards shall be in accordance with 1998 CFC.
Submit certificates directly to this office as soon as possible.
Further comments as conditions warrant and upon review of construction plans
ENGINEERING
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. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be approved by the City Engineer prior
to issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required
by these conditions.
3. The property owner shall enter into a reciprocal access agreement with the
owner(s), master lease and all sub -leases, Desert Water Agency and Riverside
County Flood Control and Water Conservation District and provide a copy of same
to the City Engineer prior to issuance of building permit.
SUNRISE WAY SOUTH
4. Dedicate an additional right-of-way of 6 feet along the frontage of APN 508-110-
008 and 10 feet along the frontage of APN 508-110-007 to provide the ultimate half
street width of 50 feet along the entire frontage, together with a property line -
corner cut -back at the SOUTHEAST corner of the subject property in accordance
with City of Palm Springs Standard Drawing No. 105.
4A. Dedicate an additional right-of-way easement for sidewalk purposes along the back
of sidewalk at the bus turn out areas.
Res. No. 20211
Page 24
4B. The developer shall pay his fair share, $4025.00, for the widening of the Sunrise
Way and Ramon Road intersection prior to issuance of the grading and building
' permit.
5. Construct a 6 inch curb and gutter, 38 feet WEST 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.
6. The 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 have 2 exit lanes.
The driveway shall be designed for all turning movements. The intersection design
shall be consistent with the location of the driveway on the east side of Sunrise
Way.
Construct a minimum 8 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
8. Construct a curb ramp meeting current California State Accessibility standards at
the SOUTHEAST corner of the subject property and at both sides of the driveway
per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
9. Construct a 14-foot wide landscaped, raised median island as specified by the City
Engineer from the intersection of Ramon Road to the north property line of the
project. Provide a left turn pocket on the north side of the Sunrise Way at Ramon
Road intersection. Provide a left turn pocket on the south side of the Sunrise Way
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 length of the turn
pockets shall be determined per Caltrans Highway Design Manual Sec. 405 and be
approved by the City Engineer. (Developer shall annex the property to an existing
City Parkway District for maintenance of the future landscaped median island and
pay all associated fees prior to issuance of a grading or building permit).
9A. Construct a 180 foot long by 10-foot wide bus turn out on the SUNRISE WAY
SOUTH frontage between the south driveway and the Ramon Road intersection.
The configuration and location shall be approved by the City Engineer in
conjunction with SunLine Transit. Contact SunLine Transit for details regarding
busstop furniture/shelter requirements. Developer shall install said shelter and
furniture.
10. Remove and replace existing pavement with a minimum pavement section of 5 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade
of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter
to clean sawcut edge of existing pavement along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 110 and 340. The pavement
section shall be designed, using "R" values, by a licensed Soils Engineer and
submitted to the City Engineer for approval.
Res. No. 20211
Page 25
RAMON ROAD EAST
11. Dedicate an additional right-of-way of 6 feet along the frontage of APN 508-110- ,
008 and 10 feet along the frontage of APN 508-110-007 to provide the ultimate half
street width of 50 feet along the entire frontage, together with a property line -
corner cut -back at the southeast corner of the subject property in accordance with
City of Palm Springs Standard Drawing No. 105.
11A. Dedicate an additional right-of-way easement for sidewalk purposes along the back
of sidewalk at the bus turn out areas.
12. Construct a 6 inch curb and gutter, 38 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.
13. The main driveway approach shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum width of 24 feet.
The main driveway shall have 2 exit lanes and shall have right turn in, right turn out,
and left turn in turning movements. Left turn out movements shall be allowed as
conditioned for in Planning item #66.
13A. The westernmost driveway on Ramon Road shall be removed or relocated and
separated by a sufficient distance from the easternmost driveway serving the
adjacent apartment complex to the west, to the satisfaction of the City Engineer. It
shall be restricted to right turn in and right turn out movements only.
14. Construct a 10 foot wide combination sidewalk and bicycle path along the entire '
RAMON ROAD EAST frontage. The construction shall be adjacent to the curb with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan,
Desert Sand, or approved equal color by the Engineering Department. The
concrete shall receive a broom finish.
15. Construct a 14-foot wide landscaped, raised median island as specified by the City
Engineer from SUNRISE WAY SOUTH to WEST DRIVEWAY. Provide a left turn
pocket on the WEST side of the SUNRISE WAY SOUTH at RAMON ROAD EAST
intersection. The nose width shall be 4 feet wide and shall have stone cobbles to
the point where the desertscape can begin. The length of the turn pockets shall be
determined per Caltrans Highway Design Manual Sec. 405 and be approved by the
City Engineer.
16. Construct a 130-foot long by 10-foot wide bus turn out on the RAMON ROAD
EAST frontage between the driveway and the Sunrise; Way intersection. The
configuration shall be approved by the City Engineer in conjunction with SunLine
Transit. Contact SunLine Transit for details regarding bus stop furniture/shelter
requirements. Developer shall install said shelter and furniture.
17. Remove and replace existing pavementwith a minimum pavement section of 5 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade
of 24 inches at 95% relative compaction, OR equal, from clean sawcut 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 340. The
pavement section shall be designed, using "R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
Res. No. 20211
Page 26
SANITARY SEWER
' 18. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
GRADING
19. 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.
20. Submit a Grading Plan prepared by a Registered Professional to the Engineering
Department for plan check. Grading plan shall be submitted to the Planning
Department for comments prior to submittal to the Engineering Department.
A PM 10 (dust control) Plan shall be submitted to and approved by the Building
Division prior to approval of the grading plan. 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 Planning Department comments regarding the grading plan.
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.
21. Drainage swales shall be provided adjacent to all curbs and sidewalks - T wide and
.6" deep - to keep nuisance water from entering the public streets, roadways, or
gutters.
22. 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.
23. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the
developer shall post with the City a cash bond of two thousand dollars ($2,000.00)
per acre for mitigation measures of erosion/blowsand relating to his property and
' development.
Res. No. 20211
Page 27
24. 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 Department along with plans, calculations and other information
subject to approval by the City Engineer prior to the issuance of the grading permit.
25. Contact the Building Department to get information regarding the preparation of the
PM10 (dust control) Plan requirements.
25A. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the import or
export of soil will be required to present a clearance document from a Department
of Food and Agriculture representative in the form of an approved "Notification of
Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and
Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior
to the issuance of the City grading permit. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone:
760-776-8208)
DRAINAGE
26. The developer shall accept all flows impinging upon his land and conduct these
flows to an approved drainage structure. On -site retention/detention or other
measures approved by the City Engineer shall be required if off -site facilities are
determined to be unable to handle the increased flows generated by the
development of the site. Provide calculations to determine if the developed Q '
exceeds the capacity of the approved drainage carriers.
27. The project is subject to flood control and drainage implementation fees and/or
construction of drainage facilities according to the approved Master Plan of Flood
Control and Drainage. Validated costs incurred by the developer for design and
construction of storm and/or drainage improvements adjacent to such development
as shown in said Master Plan shall be credited toward the drainage fee otherwise
due or in the event such cost exceeds the fee otherwise due, the City will enter into
a reimbursement agreement with developerto reimburse him for such excess costs
from drainage fees collected from other development. This condition shall be
complied with, to the satisfaction of the City Engineer, prior to filing any final map or
issuance of the building permit.
28. 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. If the east side of
the project (APN 508-110-007) has already paid the drainage fee then the fee shall
be paid for the new development on the south portion of APN 508-110-042
containing 3.27 Acres.
29, Undergrounding of the Baristo Wash Channel shall be reviewed and approved by
Riverside County Flood Control and Water Conservation District (RCFC) and the
City Engineer. A copy of all approved plans and specifications and easements shall '
be submitted to the City Engineer.
Res. No. 20211
Page 28
ON -SITE
' 30. 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.
31. The on -site parking lot shall be constructed in accordance with City of Palm
Springs Zoning Ordinance, Section 9306.00.
32. All drive-thru facilities shall provide adequate turning radii and stacking per code.
GENERAL
33. Any utility cuts in the existing off -site pavement made by this development shall
receive trench replacement pavement to match existing pavement plus one
additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement
shall be restored to a smooth rideable surface.
34. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this
project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Department along with written
confirmation from the involved utility company(s) that the required deposit to
underground the facility(s) has been paid, prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of a Certificate
of Occupancy.
35. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
The approved original grading/street plans shall be as -built and returned to the City
of Palm Springs Engineering Department prior to issuance of the certificate of
occupancy.
36. The developer is advised to contact all utility purveyors for detailed requirements for
this project at the earliest possible date.
37. 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.
38. 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
' 39. 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
Department.
Res. No. 20211
Page 29
40. The Title Report prepared for subdivision guarantee for the subject property and
the traverse closures for the existing parcel and all areas of right-of-way or
easement dedication shall be submitted to the City Engineer for review and '
approval with the Grant Deed.
41. A Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Department for review. Submittal shall
be made prior to issuance of grading or building permits.
TRAFFIC
42. The developer shall provide a minimum of 48 inches of sidewalk clearance around
all street furniture, fire hydrants and other above -ground facilities for handicap
accessibility. The developer shall provide same through dedication of additional
right-of-way and widening of the sidewalk or shall be responsible for the relocation
of all existing traffic signal/safety light poles, conduit, pull boxes and all
appurtenances located on the SUNRISE WAY SOUTH and RAMON ROAD EAST
frontages of the subject property.
43, The developer shall be responsible for the relocation and modification of the
existing traffic signal poles, conduit, pull boxes and all appurtenances located on
the NORTHWEST corner of SUNRISE WAY SOUTH and RAMON ROAD EAST in
accordance with the requirements of the City of Palm Springs.
44. The Developer shall install a 30 inch "STOP" sign and standard "STOP BAR" and
"STOP LEGEND" for the traffic exiting the project site per City of Palm Springs
Standard Drawing Nos. 620-626 at the following locations: '
SW Cor. Sunrise Way South and Driveway
NW Cor. Ramon Road East and East Driveway
NW Cor. Ramon Road East and West Driveway
45. 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.
46. This property is subject to the Transportation Uniform Mitigation Fee based on the
Retail/Service, Miscellaneous Retail Service, Fast Food Restaurant, Service
Station/Convenience Market ITE Code A and H land use.