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HomeMy WebLinkAbout20848 - RESOLUTIONS - 3/17/2004 RESOLUTION NO. 20848 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0954-PD-242/TTM 28308, A PRELIMINARY PLANNED DEVELOPMENT DISTRICT AND A TENTATIVE TRACT MAP, TO SUBDIVIDE 3.22 ACRES INTO SEVEN (7)SINGLE FAMILY RESIDENTIAL LOTS AND THREE(3) PROFESSIONAL OFFICE LOTS FOR FUTURE DEVELOPMENT, SUBJECT TO THE CONDITIONS STATED, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND SUNNY DUNES, R-1-C AND RMHP ZONES, SECTION 23. WHEREAS, the Desert Chapel, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Planned Development District and Tentative Tract Map to subdivide 3.22 acres into eight(8)single family residential lots and three (3) professional office lots at the northwest corner of Sunrise Way and Sunny Dunes (the "Project"), R-1-C and RMHP Zones, Section 23; and WHEREAS, the Applicant has filed an application for Planned Development District 242 and ' Tentative Tract Map 28308 with the City and has paid the required filing fees; and WHEREAS, the General Plan designation for the subject site is L4 (Low Residential -4 units per acre)along Sunny Dunes and M15(Medium Residential-15 units peracre)along Sunrise Way;and WHEREAS, the General Plan designation of M-15 and a R-2 Zone standard are compatible and normally used together; and WHEREAS,the Planned Development District application has been submitted in-lieu of a change of zone to R-2; and WHEREAS, "P" Professional office uses are allowed by conditional use permit in the R-2 zone provided the property fronts on a Major Thoroughfare; and WHEREAS, the "P" zone has been used as a point of comparison for property development standards for those professional offices; and WHEREAS, said Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Planned Development District 242 and Tentative Tract Map 28308 were given in accordance with applicable law; and Resolution 20848 ' Page 2 WHEREAS, on December 17, 2003, a public hearing on the application for Planned Development District 242 and Tentative Tract Map 28308 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data and all written and oral testimony presented. WHEREAS, on December 17, 2003, the Planning Commission in accordance with applicable law voted to reduce the number of residential lots from eight (8) to seven (7) and recommend that the City Council approve the proposed project, subject to conditions; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Planned Development District 242 and Tentative Tract Map 28308 were given in accordance with applicable law; and WHEREAS, on January 21, 2004, a public hearing on the application for Planned Development District 242 and Tentative Tract Map 28308 was held by the City Council in accordance with applicable law; and WHEREAS, on January 21, 2004, following the public hearing on the application for Planned ' Development District 242 and Tentative Tract Map 28308, the City Council directed staff to meet with the applicant and community to develop a solution which addressed community concerns; and WHEREAS, on March 4, 2004, a community meeting was conducted, where the neighbors and applicant had an opportunity to discuss the project; and WHEREAS, at the community meeting residents presented a revised site plans which provided alternative design scenarios for the applicant to consider; and WHEREAS, the applicant reviewed the neighborhood input suggestions and submitted a redesigned site plan which incorporated some of the neighborhood's suggestions for review on March 9, 2004; and WHEREAS, a revised site plan incorporates a number of suggestions requested by the community; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map 28308, 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 ' Resolution 20848 Page 3 WHEREAS, 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, pursuant to Section 15332 of the California Environmental Quality Act ("CEQA") guidelines, the City Council finds that the proposed planned development district and subdivision are considered an in-fill development, are less than five acres in area are substantially surrounded by urban development, and have all utility services available at the project site, and are therefore exempt from further environmental review under state law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that pursuant to Section 15332 of the ' California Environmental Quality Act ("CEQA") guidelines, the proposed planned development district and subdivision are considered an in-fill development, are less than five acres in area are substantially surrounded by urban development, and have all utility services available at the project site, and are therefore exempt from further environmental review under state law; and 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, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is M15 and L4, medium and low density residential, respectively. The General Plan would allow twenty-four (24) dwelling units on the project site. The applicant is proposing eight (8) units and therefore, is well within the density parameters of the General Plan. The General Plan designation of M15 and an R-2 Zoning standard are compatible and normally used together. The Planned Development District application has been submitted in-lieu of a change of zone to R-2. Professional Office ' use is allowed in the R-2 zone provided the property fronts on a Major Thoroughfare. The City Council has used the "P" zone for property development standards. Resolution 20848 Page 4 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. 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, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 28308. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The City Council finds that the site is appropriate for the development of seven (7) single family residential lots and three (3) professional parcels, on 3.2 acres of land. The proposed development is well under the maximum allowable density of twenty-four (24) units, as permitted under the General Plan and Zoning Code. There will be no incompatibility issues as the subject property is surrounded by a single-family residential use to the south and west, a church to the east, and a mobile home park to the north. The applicant proposes a mixed use project with professional offices on the major thoroughfare and low density residential development on the secondary thoroughfare that will be compatible with the surrounding neighborhood. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site is surrounded by urban development on all four directions. The site has not been previously identified as habitat area. The design of the proposed subdivision or the proposed improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. ' Resolution 20848 Page 5 6. 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 applicant will be required to install the required street improvements as part of the project. Section 4: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: 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 General Plan designation of M15 and an R-2 Zoning standard are compatible and normally used together. The Planned Development District application has been submitted in-lieu of a change of zone to R-2 and staff has used the "P" zone as a point of comparison for property development standards. Professional office uses are allowed in the R-2 zone, with a conditional use permit, provided the property fronts on a Major Thoroughfare. Pursuant to the Zoning Ordinance for the underlying R-1-C zone, single- family residential development is a permitted use. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. This mixed use project is in harmony with the objectives of the General Plan, is desirable for the development of the community and is not detrimental to the existing or future uses specifically permitted in the zone for which it is proposed. The revised site plan results in increased size for the single family residential lots, to minimum 10,000 square feet in area, 100' by 100' lots, which are consistent with development on the south side of Sunny Dunes and comply with Section 92.01.03 of the Zoning Ordinance, R-1-C zone development standards. The revision results in a reduction in the number of residential lots originally proposed from eight to seven. The increase in lot area, lot size and reduction in the number of lots addressed community concerns that the proposed lots are designed according to the R-1-C standards and match existing development patterns on the south side of Sunny Dunes. The revised site plan results in the elimination of the commercial driveway on Sunny Dunes. This driveway has been relocated to Sunrise Way. A break of the proposed landscape median which will be constructed as a result of this project, to allow left-in ' and left-out turning movements. The elimination of the driveway along Sunny Dunes addresses concerns about additional commercial traffic to Sunny Dunes. Resolution 20848 ' Page 6 The revise plan results in reduced setbacks to the parking lot along Sunny Dunes and Sunrise Way. The "P" Professional zone standards require a 25' landscape setback from the street to parking area, the strict implementation of these code provisions would result in the elimination of sixteen (16) parking spaces, nine (9) along Sunny Dunes and seven (7) on Sunrise. This would result in non-compliance with the Section 94.06,00 of the Parking Ordinance. To address the neighbor concerns, the applicant is proposing a 10' landscaped setback to the street frontages. These setbacks would include decorative block walls 4' in height, which would serve to screen vehicles in the parking areas, and reduce their visibility. The twenty-five (25') landscaped setback to parking along Sunny Dunes Way addresses concerns about the aesthetic impacts of the project. C. 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. The project site is 3.2 acres and is of adequate size to accommodate said use. Pursuant to the development standards for the R-1-C and RMHP zone, limited single- family residential and mobile home park zone standards, respectively, the proposed ' project presents a more creative approach in the development of land and creates a harmonious in-fill development in a single and multiple family neighborhood. Surrounding street facades are staggered with multi-level structures, walls, courtyards and pedestrian access ways. The intent of the project is to blend with the adjacent neighborhood rather than stand apart as a walled and gated island. This Planned Development District intends to maintain good zoning practices while including certain desirable departures from the strict provisions of the R-1-C and RMHP zoning classifications. Therefore, it is determined that the site for the intended use is adequate in size and shape to accommodate seven (7) single family residential parcels and the three (3) professional parcels. d. 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 project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with ' ' Resolution 20848 Page 7 applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. f. 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 tentative parcel map. The right-of -way dedication and off-site improvements, which are required by the Zoning Ordinance, are related to the project since the project access must use Sunrise Way and Sunny Dunes. Also, the purpose of the right-of-way dedication for Sunrise Way along the eastern property boundary is to concur with the dedication of the subject street to match the commercial shopping center located to the immediate north. Currently, the subject property is vacant. Future property owners will benefit from any improvements made to Sunrise Way and Sunny Dunes such as dedication of easements, sidewalks/bikepaths and future widening. The required dedication of right- of way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council ' hereby approves Case No. 5.0954, Planned Development District 242 and Tentative Tract Map 28308, subject to those conditions set forth in the Exhibit A on file in the Department of Planning and Zoning, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED THIS 17th day of March, 2004. AYES: Members Foat, McCulloch, Pougnet and Mayor Oden NOES: None ABSENT: Member Mills ABSTENTION: None ATTE CITY OF PALM SPRINGS, CALIFORNIA City er City Manage` Reviewed and Approved as to Form: Resolution 20848 Page 8 RESOLUTION NO. ' EXHIBIT A CASE NO. 5.0954-PD-242, TTM 28308 DESERT CHAPEL 1420 EAST SUNNY DUNES ROAD AND 657 SUNRISE WAY SOUTH APN# 508-231-005 and 508-240-010 ZONE R-1-C/RMHP, SECTION 23, T4S,R4E, SBBM MARCH 17, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Directorof Planning,the Chief of Police,the Fire Chief ortheir 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. PROJECT SPECIFIC CONDITIONS Administrative ' 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code,or any other City Codes,ordinances and resolutions which supplement the zoning district regulations. 2. The ownershall defend,indemnify,and hold harmless the Cityof 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 Cityof Palm Springs,its legislative body,advisory agencies,or administrative officers concerning Case 5.0954-PD-242,TTM 28308. The City of Palm Springs will promptly notify the applicant of anysuch claim,action,or proceeding againstthe Cityof Palm Springs and the applicantwill either undertake defense of the matterand paythe 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 orabandon a matterfollowing an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 1 Resolution 20848 Page 9 ' 3. That the property owner's) and successors and assignees in interest shall maintain and repairthe improvements including and without limitation sidewalks,bikeways,parking areas, landscape, irrigation,lighting,signs,walls,and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,free from waste and debris,and in accordance with all applicable law,rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 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. 5. 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 ''/z% 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 Zoning 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. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477(Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits,a parkland fee or dedication shall be made.Accordingly,all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 7. The final development plans shall showseven(7)residential lots and three(3)professional lots. 8. Perimeterwalls shall be designed, installed and maintained in accordance with the corner cutback requirements as required in Section 93.92.00D.A six foot decorative blockwall shall be required between the individual residential lots, professional offices and mobile home park,and between the professional office complex and the residential lots.The parking lot shall be screened by a 4' decorative block wall, landscaping or berms, or a combination thereof. These walls shall be installed at the time of the subdivision improvements. CC&R's 9. The applicant prior to issuance of building permits shall submit a draft declaration of ' covenants,conditions and restrictions("CC&R's")to the Directorof Planning and Zoningfor approval in a form to be approved bythe City Attorney,to be recorded priorto approval of a final map. The CC&R's shall be enforceable bythe City,shall not be amended without City Resolution 20848 Page 10 approval, shall require maintenance of all property in a good condition and in accordance , with all ordinances. 10. The applicant shall submitto the Cityof Palm Springs,a deposit in the amount of$2000,for the review of the CC&R's bythe City Attorney.A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 11. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza.Said disclosure shall inform perspective buyers abouttraffic,noise and other activities which may occur in this area. Cultural Resources 12. Priorto anyground disturbing activity,including clearing and grubbing,installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines,shall be employed to surveythe area for the presence of cultural resources identifiable on the ground surface. 13. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities. a). Experience has shown thatthere is always a possibilityof buried cultural resources ' in a project area. Given that, a Native American Monitor(s)shall be present during all ground disturbing activities including clearing and grubbing,excavation,burial of utilities, planting of rooted plants,etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office foradditional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologistto investigate and,if necessary,the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning,Building,and Engineering Department and one copyto the City Planning and Zoning Department priorto final inspection. Final Design - Professional Lots 14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's ' Office prior to submittal. Resolution 20848 Page 11 ' 15. 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,exterior lighting plans,sign program, mitigation monitoring program, site cross sections, property development standards 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. 16. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards,shall be submitted for review and approval by the Director of Planning &Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping 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. 17. The first parking spaces shall be located 25 feet from the property line on Sunny Dunes Way, 18. A reciprocal access agreement shall be recorded between property owners of the commercial lots as part of the final map orshown on the map regarding the main driveways and connector driveways, per the approved plan. 19. The developer shall install the property line wall on the north and west property lines at the ' time of subdivision improvements. 20. The project must comply with Section 93.06.00 (Off Street Parking). 21, The project must comply with Section 93.03.01.c.9.b regarding sinage for the office complex. The only sign allowable is a single identification sign for building complex identification. Final Design - Residential Lots 22, The applicant shall submit a street frontage master landscape plan, which shall include trees,shrubs and groundcover,to the Directorof Planning and Zoning forapproval.This can be in the format of a written landscape program and plant list. 23. Architectural approval is not required for the single family lots. 24. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 25. The design, height and texture and color of the buildings, fences and walls shall be submitted for review and approval priorto issuance of building permits.A six foot decorative ' block wall shall be constructed along the property line with the mobile home park and between the residential units.Walls separating the project site from the mobile home park along the entire north property line shall be constructed at the time of the construction of the Resolution 20848 Page 12 subdivision improvements. Individual side property line walls may be constructed with individual buildings. ' 26. The street address numbering/lettering shall not exceed eight inches in height. GENERAL CONDITIONS/CODE REQUIREMENTS 27. Planned Development Districts and Tentative Tract Maps 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. 28. The project is subjectto the Cityof Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 29. 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. 30. 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. 31. 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. 32. All materials on the flat portions of the roof shall be earth tone in color. 33. All awnings shall be maintained and periodically cleaned. 34. 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 anyfixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall beat least 6"above the equipment for the purpose of screening. 35. No exterior down spouts shall be permitted on anyfacade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 36. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 37. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 38. Vehicles associated with the operation of the proposed development including company , vehicles or employees vehicles shall notbe permitted to parkoff the proposed building site Resolution 20848 Page 13 ' unless a parking management plan has been approved. 39. Priorto 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. 40. The applicant shall provide all tenants with Conditions of Approval of this project. 41. Standard parking spaces shall be 17 feet deep by 9 feetwide; 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". 42. 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. 43. Compact and handicapped spaces shall be appropriately marked per Section ' 93.06.00.C.10. 44. 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 minimum of two(2)feet from the face of walls,fences or buildings adjoining driveways. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. 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. 47. 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. 48. 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. 49. 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. 50. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Resolution 20848 Page 1.4 ENGINEERING The Engineering Division recommends that if this application is approved,such approval is subject ' to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 51. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 52. Submit street improvement plans prepared bya Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved bythe City Engineer prior to issuance ofanygrading or building permits. SUNRISE WAY 53. Off-site street improvements shall be constructed adjacent to the property identified as APN 508-240-009 consisting of removal of existing street improvements and construction of street widening of curb and gutter to 38 feet west of centerline and construction of an adjacent combination sidewalk and bicycle path, including construction of a new driveway approach to replace the existing driveway approach. This work shall be coordinated with the extension of the Baristo Channel box culvert,to be widened by others. This condition shall ' not be required in the event widening of the Baristo Channel box culvert does not occur. 54. Remove the existing 6 inch curb and gutter located 32 feet west of centerline and replace with a 6 inch curb and gutter located 38 feet west of centerline along the entire frontage,with a 35 feet radius curb return at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 55. Construct two wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201, as shown on the approved site plan. 56. Construct a 12 feet wide combination sidewalk and bicycle path along the entire South Sunrise Way frontage, subject to final design. The construction shall be meandering or adjacent to curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The sidewalk design and layout shall be subject to final design approval by the Director of Planning and Zoning. 57. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 212. 58. Construct a 14-feetwide landscaped,raised median island as specified bythe City Engineer along the entire frontage. Provide a left turn pocket at Sunny Dunes Road. The median nose width shall be constructed 4 feet wide and shall have cobblestone paving or low level Resolution 20848 Page 15 landscaping,as approved by the Director of Planning and Zoning.The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual,as approved by the City Engineer. Developer shall annex the property to an existing City Landscape Maintenance District for maintenance of the future landscaped median island and pay all associated fees for the annexation if a District exists at the time the median is constructed. 59. Remove and replace existing pavementwith a minimum pavement section of 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 saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed bya California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SUNNY DUNES ROAD 60. Remove the existing curb and gutter located 18 feet north of centerline and replace with 6 inch curb and gutter located 20 feet north of centerline and match existing improvements on Sunny Dunes Road, with a 35 feet radius curb return at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200. 61, Remove the existing catch basin at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way and construct a new catch basin of similar width and depth, and connect to the existing storm drain system in Sunny Dunes Road, in accordance with Riverside County Flood Control(RCFC)standards. Proposed removals and relocations of storm drain improvements shall be subject to the approval of RCFC and the City Engineer. 62. Deleted. 63. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 64. Remove and replace existing pavementwith a minimum pavement section of inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,from edge of proposed gutter to clean saw cut edge of pavement along that portion of the project frontage where curb relocation and street widening is required, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by California registered Geotechnical Engineer using "R"values from the project site and submitted to the City Engineer for approval. 65. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. CALLE AMIGOS ' 66. Construct a 6 inch curb and gutter 18 feet east of centerline along the entire frontage to match existing improvements atthe northeast corner of the intersection of Calle Amigos and Resolution 20848 Page 16 Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 67. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 68. Remove and replace existing pavement with a minimum pavement section of 2'/z 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 gutterto clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 69. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. SANITARY SEWER 70. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 71. Dedicate to the City of Palm Springs an easement for sewer purposes across Lots 9, 10, and 11 in a location approved by the City Engineer. 72. Construct an 8 inch sewer main across Lots 9, 10,and 11 in a location approved bythe City Engineer and connect to the existing sewer main located in Sunny Dunes Road. 73. Submit sewer 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. GRADING 74. Submita Precise Grading Plan prepared bya California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division.A PM 10(dust control)Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved bythe City Engineer priorto issuance of anygrading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. 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 Resolution 20848 Page 17 ' 75, Drainage swales shall be provided adjacentto all curbs and sidewalks,T wide and 6"deep, to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required forthe proposed development.Acopyofthe executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 77. In accordance with Cityof Palm Springs Municipal Code,Section 8.50.025(c),a cash bond of two thousand dollars($2,000.00)per acre shall be posted with the Building Department for mitigation measures of erosion/blowsand relating to his property and development. 78. Asoils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 79. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 80. 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 an engineered grading plan and the export of native soil from the site 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 W ithin 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 81. Stormwater runoff may be conducted off-site to existing master storm drain facilities within Sunny Dunes Road in accordance with the Master Drainage Plan forthe Palm Springs Area. Provisions for the interception of nuisance water from entering public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to the public streets, and in onlya stormwater runoff condition,pass runoff directlyto the streets through parkway or under sidewalk drains. 82. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the presenttime is$9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE ' 83. The minimum pavement section for all on-site parking areas shall be 2% inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at Resolution 20848 Page 18 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical , Engineer using "R" values from the project site and submitted to the City Engineer for approval. 84. The on-site parking lot shall be designed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 85. Any utilitytrenches orother excavations within existing asphalt concrete pavementof off-site streets required bythe proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 86. In accordance with Chapter 8.04.401 of the Cityof Palm Springs Municipal Code,all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines,which are on-site,abutting,and/ortransecting,shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. Existing overhead utility pole and overhead utility lines located on the property meet the requirement to be installed underground.The developer is advised to investigate the nature of these utilities,the availabilityof undergrounding these utilities with respectto adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, ' if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council,the property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 87. 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. 88. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 89. Nothing shall be constructed or planted in thecornercut-off area of any drivewaywhich does ' orwill exceed the height required to maintain an appropriate sight distance per City of Palm Resolution 20848 Page 19 ' Springs Zoning Code 93,02,01 D. 90. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 91. 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 Final Map to the Engineering Division. 92. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval.The map shall be approved by the City Council prior to issuance of building permits. 93. An access easement shall be reserved across Lots 9, 10 and 11,forthe purposes of shared access to adjacent public streets. 94. Rights of access to Sunrise Way shall be restricted adjacent to Lots 9 and 10 on the final map. TRAFFIC ' 95. The developershall relocate traffic signal equipment(as necessary)at the northwest corner of Sunrise Way and Sunny Dunes Road. If traffic signal equipment relocation is required, traffic signal modifications shall be shown on traffic signal improvement plans prepared by a Registered Civil or Traffic Engineer and submitted to the Engineering Division for review and approval. 96. The developershall providea minimum of48 inches of sidewalk clearance aroundallstreet furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developershall provide same through dedication ofadditional right-of-way and widening of the sidewalkorshall be responsible for the relocation ofall existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the South Sunrise Way, East Sunny Dunes Road, and Calle Amigos frontages of the subject property. 97. Submit traffic striping andsignage plans for Sunrise Way prepared bya California registered Civil or Traffic Engineer to the Engineering Division for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a Certificate of Occupancy. 98. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required bythe City Engineer prior to issuance of a Certificate of Occupancy. ' 99. Construction signing,lighting and barricading shall be provided foron 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 Resolution 20848 Page 20 of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. ' 100. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.