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HomeMy WebLinkAbout21433 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFIYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2003121001) FOR THE SPRINGS COMMERCIAL CENTER (CASE 5.0984 PD-291) AS COMPLETE, ADOPTING THE CORRESPONDING STATEMENT OF FACTS AND FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING AN APPLICATION BY GEIGER LLC SUBJECT TO CONDITIONS OF APPROVAL, TO DEVELOP APPROXIMATELY 393,000 SQUARE FEET OF COMMERCIAL SPACE ON APPROXIMATELY 37 ACRES, LOCATED AT NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1-P, SECTION 17, APNs 677280041, 677420032 AND 677420034. WHEREAS, Geiger LLC. (the "Applicant"), has filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00, for a Planned Development (PD 291) to construct a neighborhood commercial shopping center located at the northeast corner of Ramon Road and Gene Autry Trail, APN # 677280041, 677420032, 677420033, and 677420034, Zone M-1-P, Section 17; and WHEREAS, the proposed Planned Development 291 would allow specific development standards for the project site that would allow development of a 393,000 square foot retail shopping center, which includes a 117,000 square foot home improvement store and garden center, nine additional major commercial stores ranging in size from 10,000 square feet to 36,000 square feet, four retail stores ranging from 6,000 square feet to 12,600 square feet, and four restaurants ranging from 3,200 to 9,500 square feet; and WHEREAS, the City Council of the City of Palm Springs has the authority pursuant to Chapter 94 of the City of Palm Springs Municipal Code to approve the proposed Planned Development 291; and WHEREAS, the Palm Springs Planning Commission is advisory to the City Council on the proposed Planned Development 291; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, the proposed Planned Development 291 was submitted to appropriate agencies as required by the by Federal and State Law, and the Palm Springs Municipal Code, with the request for their review, comments, and requirements, including the Riverside County Airport Land Use Commission; and WHEREAS, the proposed project was reviewed by the Design Review Committee/Architectural Advisory Committee regarding project design, architecture, site Resolution No. 21433 Page 2 plan, sign program and landscape design on October 10, 2003, July 26, 2004, September ' 7, 2004, and June 20, 2005; and WHEREAS, notice of the Planning Commission public hearing to consider Case 5.0984 PD-291 was given in accordance with applicable law; and WHEREAS, on September 28th the Palm Springs Planning Commission held a public hearing on the Draft Environmental Impact Report (EIR) and Planned Development 291 and adopted Resolution 5025 providing a recommendation to the City Council; and WHEREAS, the proposed Planned Development 291 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Palm Springs Planning Commission reviewed and commented on the Draft EIR, and City Council reviewed the Final EIR for the proposed project and considered all written and verbal public testimony on the project. The public or administrative record for the Project EIR is composed of the following elements: a) A Notice of Preparation (NOP) and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on November 3, 2003. A total of seven comment letters were received. Copies of those comment letters are included in Appendix A of the Draft EIR. Relevant comments received in response to the NOP/Initial Study were incorporated into the Draft EIR. b) The Draft EIR was distributed for public review on July 28, 2005, for a 45-day review period with the comment period expiring on September 12, 2005. Nine comment letters were received at the close of the public comment period. These comment letters and responses to individual comments are included in the Final EIR. c) A Notice of Completion (NOC) was sent with the Draft EIR to the State Clearinghouse on July 28, 2005. d) The Planning Commission held a public hearing to consider staff recommendations and to review and provide comment to the City Council on the Project and the Draft EIR and staff recommendations on September 28, 2005. Notice of this Planning Commission hearing was provided through publication on September 17, 2005. Following public testimony, and staff recommendations, the Commission commented to the City Council on the Draft EIR. e) The Final EIR and/or responses to comments were distributed to commenting parties for a 10-day notification period beginning October 5, 2005. f) On October 19, 2005, the City Council held a public hearing to consider the Final EIR and certified the Springs Commercial Center Project EIR based on facts and findings and statements of overriding considerations; and Resolution No. 21433 Page 3 WHEREAS, notice of the City Council public hearing to consider Case 5.0984 PD-291 was given in accordance with applicable law; and WHEREAS, on October 19, 2005, a public hearing of the proposed project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, including but not limited to the plans and regulations of the proposed Planned Development schematic site plan, conceptual elevations, lighting plan, sign program, staff report, all environmental data, including the Final EIR, along with all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to CEQA 1) The Final Environmental Impact Report (Final EIR) [SCH# 2003121001] has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Final EIR, including all comments received during review and public hearing of the EIR and the recommendation of the Planning Commission and finds that it adequately discusses the significant environmental effects of the proposed project Planned Development PD-291. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) is adopted and incorporated as Exhibit B of this Resolution. The City Council further finds that the Final EIR reflects its independent judgment. 2) The Final EIR adequately covers the proposed project Planned Development PD- 291 and the following Statement of Facts and Findings and the Statement of Overriding Considerations for the project reflects its independent judgment. a. The following effects are not found to be significant. The potential impacts related to the following resources are discussed in the Initial Study for the project: i. Aesthetics: Potential impacts related to aesthetics are discussed in Section 4.1 of the EIR. Development of the project will create a change in visual appearance of the currently vacant project site. The design features incorporated in the project address aesthetics. The project, along with other development also has the potential to result in cumulative light and glare impacts. However, if all jurisdictions implement appropriate measures for each project to ensure that lighting is shielded, properly illuminated for the specific use and not directed offsite, no significant cumulative light and glare impacts will result. ii. Agricultural Resources: The analysis concluded that the project would have no significant impact on agricultural resources and no mitigation Resolution No. 21433 Page 4 is required, because the project is considered urban infill ' development, surrounded by existing urban uses. There are no agricultural uses occurring onsite or in the nearby vicinity. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. As the project would not result in any changes which would remove agricultural land or convert to other uses, no cumulative impacts related to agricultural resources would occur. iii. Biological Resources: The analysis concluded that the project would have no significant impact on biological resources and no mitigation is required, because prior to any development activities onsite, the subject property was completely cleared and graded as part of the site restoration activities that were carried out according to the Removal Action Workplan (RAW). This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. No significant biological resources have been identified at the project site; therefore, the proposed development will not contribute to a cumulative loss of sensitive species of plants or animals. iv. Cultural Resources: The analysis concluded that the project would have no significant impact on cultural resources and no mitigation is required due to similar reasons stated under the biological resource discussion above. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. No known ' significant cultural resources exist at the project site; therefore, the proposed development will not contribute to a cumulative loss of cultural resources. v. Hazards and Hazardous Materials: Following the recent remediation of landfill materials and subsequent recompaction of onsite soils there is a potential that landfill gases, particularly methane, could accumulate and create a potential explosive hazard to the public and future structures onsite. Consequently, to ensure that the potential for an accidental explosion is avoided at the site, the project will include standard design measures (refer to Table 2-2, Summary of Standard Design features and Construction Measures in Draft EIR) for development of a subsurface network of vapor recovery piping. Provided that individual projects adhere to current laws governing storage, transportation and handling of hazardous materials, no significant cumulative hazard or threats to human health and safety are anticipated. vi. Mineral Resources: The analysis concluded that the project would have no significant impact on mineral resources and no mitigation is required, because no important mineral resources are known for the project site, and a majority of the site served as a municipal landfill. This environmental topic was discussed under Section 5.1 "Effects ' Not Found to be Significant' in the EIR. Since no mineral resources occur at the project site, the proposed development will not contribute to a cumulative loss of mineral resources. Resolution No. 21433 Page 5 vii. Population and Housing: The analysis concluded that the project would have no significant impact related to population and housing and no mitigation is required, because the project does not have a housing component associated with it. The generation of jobs onsite could result in a slight increase of residents in the nearby area however the magnitude of the project will not induce substantial population growth either directly or indirectly. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. Since the project was found to have no negative effects related to population and housing, the proposed development will not contribute to cumulative population growth, housing displacement, or displacement of people. viii. Growth Inducing Impacts: Introduction of a new type of development into an area can establish a precedent for additional development of a similar or supporting character. However, the project would occur in an area where necessary infrastructure has already been extended and the site is surrounded by existing urban uses therefore the proposed project would not by itself induce the development of similar or supporting new uses in the vicinity. Since development will occur in an area where necessary infrastructure has already been extended, and for the other reasons discussed above, the proposed project is not considered to have a significant cumulative growth-inducing impact. b. The following impacts will be reduced to a level of insignificance with the implementation of the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) attached as Exhibit B of this Resolution. The City further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed below to a level that is less than significant: i. Air Quality: Potential impacts related to air quality are discussed in Section 4.2 of the EIR. Construction activities, including soil disturbance, dust emissions and combustion pollutants from on-site construction equipment and from off-site trucks hauling dirt, cement or building materials will create a temporary addition of pollutants to the local airshed. Incorporation of the mitigation measures # 1-20 in the MMRP (Exhibit B) would help reduce these potential impacts related to air quality to a less than significant level by reducing construction related air quality impacts, incorporating energy efficient lighting, and incorporating alternative fuel vehicles and transportation. Construction activities will contribute to a cumulative, but not significant impact related to dust emissions and combustion pollutants. Mitigation measures outlined below will mitigate these impacts to a less than significant level. ii. Geology/Soils: Potential impacts related to geology and soils are discussed in Section 4.3 of the EIR. The project site is located in close proximity to active faults that could cause moderate to intense Resolution No. 21433 Page 6 ground shaking during the lifetime of the proposed development. Consequently, a strong seismic event would have the potential to create structural damage of onsite buildings. Incorporation of the mitigation measure #21 in the MMRP (Exhibit B) would reduce potential impacts related to geology/soils to a less than significant level by building the project to the most current Uniform Building Code. The project and any future development will expose additional property and people to groundshaking from earthquakes. However, this impact can be mitigated by compliance with Uniform Building Code seismic requirements. Therefore, there are not any significant cumulative impacts related to geological issues. iii. Hydrology and Water Quality: Potential impacts related to hydrology and water quality are discussed in Section 4.5 of the EIR. Implementation of the project would increase the amount of impervious surfaces within the local drainage area. This would result in increased runoff and reduced on-site water percolation. An increase in surface runoff would likely increase pollution levels in receiving water bodies. The Whitewater River, as the principal drainage channel in the Coachella Valley, would receive runoff from the project which could then potentially contaminate the local groundwater supply. Incorporation of the mitigation measures #24-31 in the MMRP (Exhibit B) would reduce potential impacts related to hydrology and water quality to a less than significant level by ' controlling construction related erosion and incorporating and maintaining permanent water quality facilities. Buildout of the project area, the City and of other jurisdictions in the upper Coachella Valley, will increase impermeable surfaces and thus increase runoff. This increase in runoff will increase the drainage flows which currently exist in Riverside County Flood Control District (RCFCD), Coachella Valley Water District (CVWD) and City flood control facilities. However, no significant cumulative impact is expected on existing valley wide flood control facilities as long as the local jurisdictions continue to adhere to RCFCD and CVWD requirements. iv. Land Use and Planning: Potential impacts related to land use and planning are discussed in Section 4.6 of the EIR. The project has the potential to increase visual, light/glare, and noise related impacts on adjacent residents to the north. The proposed mitigation provides for a walled and landscaped buffer and traffic and loading management to resolve land use and planning impacts. Incorporation of the mitigation measures #32-34 in the MMRP (Exhibit B) would reduce potential impacts related to land use and planning to a less than significant level by reducing building heights, providing avigation easements, and improving surrounding roadways. The project, along with other reasonably foreseeable future projects, will result in the development , and/or conversion of vacant land to urban uses in the City's redevelopment area. Because the project is consistent with the City's redevelopment goals for this area, and is located in a highly urbanized Resolution No. 21433 Page 7 area, the mere conversion of vacant land to urban uses is not considered cumulatively significant. v. Noise: Potential impacts related to noise are discussed in Section 4.7 of the EIR. Construction noise could create a temporary nuisance to existing residents located along the northern boundary of the site. Operation of the commercial uses may create a noise nuisance at the nearest sensitive receivers (residents along the north). Commercial support activities could include delivery and unloading of heavy goods using a forklift, maintenance activities such as refuse collection or parking lot sweeping, or stacking or retrieval of temporary outdoor storage. Early morning and late evening truck traffic could also be a nuisance at the Cathedral City homes nearest to the site, as well as emergency generators, outdoor trash compaction activities and HVAC-related noise generation. Incorporation of the mitigation measures #35-47 to address both construction and operational noise in the MMRP (Exhibit B) would reduce potential impacts related to noise to a less than significant level by incorporating design and operational features that reduce noise. Acceptable hours of construction are limited pursuant to Section 8.04.220 of the Palm Springs Noise Ordinance. Therefore, the associated cumulative related noise impacts from construction activities at the site would be considered less than significant. Operation of the project would generate noise from automobile use and truck deliveries to and from the site, which would be expected to cumulatively increase the ambient noise environment. However, since the project would be consistent with General Plan land use for the site, it is not expected to result in a cumulatively significant noise related impact on adjacent land uses. vi. Public Services and Utilities: Potential impacts related to Public Services and Utilities are discussed in Section 4.8 of the EIR. The project site is surrounded by existing urban uses including, commercial, industrial, and residential land uses. The proposed project would result in development of new structures onsite, which would increase the need for fire protection services within the City. In addition, the PSUSD has been experiencing overcrowding compounded by new development therefore there is a need for new facilities associated with this new development. Incorporation of the mitigation measures #48-51 in the MMRP (Exhibit B) would reduce potential impacts related to public services and utilities to a less than significant level by designing the project to meet city standards, using appropriate building materials and paying all impact fees. The Police Department has stated that the cumulative impacts projected for build out under the City's General Plan will result in a significant but mitigable demand for additional law enforcement officers, services and facilities. To avoid potentially significant cumulative impacts associated with the development of structures susceptible to fire hazards, development in the City will need to continue to implement Resolution No. 21433 Page 8 the recommendations of the Fire Department during development ' review. Cumulative impacts on the PSUSD are handled on a project by project basis through payment of the school facilities fee and funding from other sources. vii. Transportation and Traffic: Potential impacts related to traffic are discussed in Section 4.8 of the EIR. The proposed development would generate approximately 16,530 daily trip ends, including 1,521 during the midday peak hour (851 inbound and 670 outbound), and 1,550 during the evening peak hour (744 inbound and 806 outbound). Approximately 12,610 daily trips would be primary or "new" trips and 3,920 would be pass-by trips that would be attracted from the traffic stream on the abutting roadways. The 3,920 daily pass-by trips would be using the adjacent roadways whether or not the project is constructed. The project is expected to generate 1,185 "new" trips and 336 pass--by trips during midday peak hour as well as 1,182 "new" trips and 368 pass--by trips during the evening peak hour. The projected traffic volumes would contribute to reducing the LOS on a number of key intersections and local roadway segments; however incorporation of the mitigation measures #52-81 in the MMRP (Exhibit B) would reduce potential impacts related to transportation and traffic to a less than significant level by designing and building transportation improvements to address the increased demand. The traffic report for the project (summarized in Section 4.9 and contained in Appendix H ' of the Draft EIR), evaluates short-term (year 2006) and long-term (year 2025) cumulative circulation impacts within the study area. As shown therein, the proposed project, along with planned development in the area, will have a cumulative impact on a number of local area intersections and roadway segments. However, the project proponent will be required to participate in the phased construction of off-site traffic signals and roadway improvements through a fair share payment toward the City's traffic mitigation fees, which will help reduce cumulative impact to a less than significant level. c. The City finds that despite the incorporation of alternatives, mitigation measures in the MMRP, and design changes to the proposed project, implementation of Planned Development PD-291 will possibly allow the following adverse environmental impacts to remain unavoidably significant because these impacts cannot be mitigated to a less than significant level and a statement of overriding consideration is thereby included (Section d) in which specific economic, legal, social, technological or other considerations make infeasible the reduction of project impacts to a nonsignificant level: i. Air Quality: Air quality issues are discussed in detail in Section 4.2 of the EIR, and in the Air Quality Technical Report included as Appendix B to the EIR. Despite the imposition of mitigation measures in the , MMRP and implementation of best available control technology during finish construction, application of paintings and coatings may create substantial ROG emissions exceeding the Southern California Air Resolution No. 21433 Page 9 Quality Management District (SCAQMD) daily threshold. By virtue of exceeding the established SCAQMD threshold, the ROG emissions from the associated finish work would represent a short-term significant impact during the construction phase. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations in the following Section d. The EIR also found that even after compliance with applicable Federal, State, Regional and local regulations, and application of all feasible mitigation measures, the project's long-term operational emission of carbon monoxide (CO), reactive organic compounds (ROG), and nitrogen oxide (NOx) will decrease below threshold levels fairly early (several years) in the project life. However, significant and unavoidable air quality impacts remain during the initial years of project operation. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations. As a source of stationary and vehicle emissions, on a long-term basis the Project and other projects in the region will cumulatively contribute increased levels of criteria pollutants. Despite implementation of mitigation measures and best available control technology, these impacts cannot be mitigated to a less-than-significant level. This impact is overridden by the Project benefits described in Section H of this document. ii. Hazards and Hazardous Materials: Issues related to hazards are discussed in detail in Section 4.4 of the EIR, and in Appendices D, E and F to the EIR. Because of the project's proximity to the Palm Springs International Airport, construction and operation of the project could result in a safety hazard to aircraft flying into the airport, and for people working at the proposed development site. The subject property is located within the influence area of the Palm Springs International Airport Land Use Plan, and is therefore, subject to the countywide policies of the Riverside County Airport Land Use Compatibility Plan (RCALUCP). The project would be incompatible with the intensity clustering provisions of RCALUCP Policy 4.2.5(b) (2) & (4). According to this policy, the project must limit the intensity (people/square acre) at any one time on site, to a maximum of 50 people per acre in Zone B1 and up to 150 people per acre in Zone C. Most shopping centers and high-intensity retailers, like the proposed Home Depot, do not comply with this criterion. Consequently, development of the project as proposed would be incompatible with this guideline of the RCALUCP and would therefore, constitute a significant unavoidable adverse impact with regard to the RCALUCP Safety Policy. Despite incorporation of project design to reduce impacts significant and unavoidable impacts remain. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations Section d. d. Statement of Overriding Considerations: The City Council of the City of Palm Springs adopts this Statement of Overriding Considerations with respect to Resolution No. 21433 Page 10 the significant unavoidable impacts identified in the EIR, specifically (1) Air , Quality related to (a) increased ROG emissions during finish construction of the proposed project, (b) increased mobile source air pollutant emissions during the project's early operational phase, and (c) contribution to local and regional cumulative air quality impacts. (2) Hazards related to compatibility with the RCALUCP land use policy. The City Council balanced the benefits of a proposed project against its unavoidable significant impacts and to determine whether the impacts are acceptably overridden by the project benefits. The City Council finds that the following Benefits of Planned Development PD-291 outweigh the unavoidable significant adverse environmental impacts noted in Section c. Each of the separate benefits is hereby determined to be, in itself and independent of the other Project benefits, and a basis for overriding all unavoidable environmental impacts identified in the EIR and in these findings. Benefits of Planned Development PD-291: a. Creation of a productive commercial/retail use, capitalizing on the project site's proximity to adjacent and surrounding residential housing and major roadways including Ramon Road and Gene Autry Trail, b. The Project will allow for productive use of currently vacant land within the City with a commercial/retail use to provide services to residents of the City and surrounding community. ' c. The development of additional high quality commercial/retail uses will provide for increased economic benefits to the City of Palm Springs. Based on estimates from the City's Economic Development Department, the project is estimated to generate sales tax revenues to the City in excess of $1 million annually and over 700 full- and part- time jobs. In addition the project provides and pays for commensurate public facilities to address the increased demand created by the development. d. Assist in achieving the City's redevelopment goals by developing the site consistent with goals and objectives of the Ramon-Bogie Redevelopment Project Area. e. Protect the City's investment in the Palm Springs Airport and Convention Center by increasing City revenues. f. Reduce travel time to shopping areas for surrounding residential developments. g. Utilize a site with gentle topography and which does not require extensive grading or site disturbance. h. Provide a general variety of community- to regional-level commercial services in a planned shopping complex for the permanent resident. Develop service commercial uses related to the City's primary retail commercial and tourist-related uses and to the service needs of the residents. , e. The City Council finds that the EIR identified all of the adverse environmental impacts and the feasible mitigation measures which can reduce impacts to Resolution No. 21433 Page 11 less-than-significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The EIR also analyzed three alternatives (No Project, Industrial Park, and Commercial/Retail Strip Mall) to determine whether reasonable or feasible alternatives might reduce or eliminate the significant adverse impacts of the proposed Project. The No Project alternative was rejected because it dose not achieve the stated objective of the project to provide a neighborhood commercial uses close to residential housing, and achieve the City's redevelopment goals for remediation of the old landfill site. The Industrial Park alternative was rejected because it dose not achieve the stated objective of the project to provide neighborhood commercial uses close to residential housing. The Commercial/Retail Strip- Mall alternative was rejected because it would curtail the full attainment of the project's commercial objectives and this alternative does not provided any added benefits in terms of mitigating adverse impacts that cannot be mitigated by the measures identified for the proposed project. The EIR presents evidence that Planned Development PD-291 will cause significant adverse impacts, which cannot be substantially mitigated to non-significant levels. The City Council considered the unavoidable adverse impacts and balanced the benefits of the proposed Project against its unavoidable environmental impacts and hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the EIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City Council finds that economic, social, and other considerations of Planned Development PD-291 outweigh the unavoidable adverse impacts. The reasons for accepting these remaining unmitigated impacts are: i. Air Quality - Construction Impacts: During finish construction, application of paintings and coatings may create substantial ROG emissions exceeding the SCAQMD daily threshold. This will be a short term impact, which would be removed upon completion of the finish construction phase. However, by virtue of exceeding the established SCAQMD threshold, the ROG emissions from the associated finish work would represent a short-term significant impact during the construction phase despite the imposition of mitigation measures and implementation of best available control technology. These impacts are overridden by Project benefits described in Section H of this document. ii. Air Quality - Operational Impacts: Despite implementation of the recommended mitigation measures, mobile source emissions early in the project's operational life would represent a significant air quality impact. No reasonable level of mitigation could reduce project related impacts during this time to a less than significant impact. Therefore, development of the project as proposed would result in a significant unmitigable impact on air quality during the early operational life of the project. However, emission levels will drop below thresholds several years after completion. The limited magnitude and duration of excess emissions, and the fact that shoppers would go elsewhere with Resolution No. 21433 Page 12 identical mobile source emissions, support a less than significant air quality impact finding for the long-term operation of the project. However, benefits obtained from developing much needed Commercial/Retail uses necessary to meet the demands of a growing population within the City, outweigh this short-term operational impact. iii. Air Quality - Cumulative Impacts: As a source of stationary and vehicle emissions, on a long-term basis the Project and other projects in the region will cumulatively contribute increased levels of criteria pollutants. Despite implementation of mitigation measures and best available control technology, these impacts cannot be mitigated to a less-than-significant level. This impact is overridden by the Project benefits described in Section d of this document. iv. Hazards: As detailed in Section 4.4 of the Draft EIR and Section F, above, the project will conflict with the Riverside County Airport Land Use Compatibility Plan (RCALUCP) due to the intensity clustering provisions of RCALUCP Policy 4.2.5(b) (2) & (4). According to this policy, the project must limit the intensity (people/square acre) at any one time on site, to a maximum of 50 people per acre in Zone B1 and up to 150 people per acre in Zone C. Most shopping centers and high-intensity retailers, like the proposed project, do not comply with this criterion. Consequently, development of the project as proposed would be incompatible with this element of the Plan and would therefore, constitute a significant unavoidable adverse impact with ' regard to the RCALUCP Safety Policy. Despite implementation of the stated mitigation measures, significant and unavoidable impacts remain. This impact is overridden by Project benefits described in Section d above. SECTION 2: Pursuant to Section 94.02.00 of the Zoning Ordinance: 1. The Planned Development applied for at the location set forth in the application is properly one for which a Planned Development is authorized by the City's Zoning Ordinance. The Planned Development PD-291 provides for commercial uses consistent with the underlying M-1-P zone which permits commercial uses and large scale service retail outlets. 2. The Planned Development 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 zone in which the proposed use is to be located. The project provides a productive commercial use at an important crossroads for the city consistent with the General Plan and is designed and conditioned to provide adequate setbacks and landscaped and walled buffers to surrounding residential uses, and to avoid delivery traffic on surrounding residential streets. Resolution No. 21433 Page 13 3. The site 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 37 acres and is of adequate size to contain the proposed retail center. Conditions of approval address issues such as design and aesthetics, architecture, setbacks, final design, pedestrian enhancements, lighting, preservation of the night sky, parking lot shading, landscaping, signage, screening of parking area and drive through facilities, outdoor storage, loading, landscaping, general operations, bicycle access, and accessibility, in order to facilitate development of a project which is complimentary to existing development in the vicinity. 4. That 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. Access to the project is adequately available via a major thoroughfare accessible to 1-10 by Gene Autry Trail and Ramon Road, and two Collector roads San Luis Rey and Mission. Main entries for the project will be developed on Ramon Road and Gene Autry Trail. Traffic evaluation and associated proposed mitigation indicates that the circulation systems is capable of carrying the type and quantity of traffic projected to be generated from the project. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. The attached conditions of approval (Exhibit A) protect the health safety and general welfare by assuring the project achieves compatibility with the Palm Springs International Airport, assures proper access and provision of traffic facilities, provides for appropriate buffering and landscaping and assures the landfill is remediated prior to development. 6. Planned Development 291 combines land uses in compatible relationships according to the City of Palm Springs Municipal Code by a totally planned development that implements the Palm Springs General Plan and good zoning practices as shown in the attached Exhibit 1 dated October 19, 2005 pursuant to the incorporation of the Conditions of Approval attached in Exhibit A, and modifying the underlying M-1-P zone development standards as follows: Development Standard Required M-1-P Zone Approved PD-291 Building Height 40 feet 35 feet Yards Abutting Residential 100 feet 17-100 feet Landscape Buffer 25 feet 17-25 feet Resolution No. 21433 Page 14 Abutting Major Roads 25 feet Same ' Landscape Buffer 25 feet Same Abutting Non-Residential 20 feet 17-110 feet Landscape Buffer None 17-25 feet Walls 8 feet maximum 8 feet Coverage No Limit 74% of site Parking Spaces 1571 spaces 1817 spaces Parking Lot Shading 50% minimum Same ADOPTED THIS 191h day of October, 2005. David H. Ready, City as a'g ATTEST: li es Thompson, City Jerk CERTIFICATION STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21433 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 19, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and Mayor Oden NOES: None ABSENT: None ABSTAIN: None Yof. es Thompson, City Clerk Palm Springs, California Resolution No. 21433 Page 15 EXHIBIT A Case 5.0984 PD-291 The Springs Commercial Center Northeast Corner of Ramon Road and Gene Autry Trail October 19, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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. 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 owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0984-PD-291. 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the 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 Resolution No. 21433 Page 16 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. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code and an Environmental Impact Report is being prepared on the project; therefore a fee of $914.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. Prior to issuance of building permits, 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision 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 Services 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. CEQA 6. As adopted in the Final Environmental Impact Report (SCH##2003121001), the applicant shall provide mitigation monitoring and report to the city on implementation of environmental mitigation measures according to the Mitigation Monitoring and Reporting Program (MMRP). The applicant shall be responsible for reimbursing the city for costs associated with review and approval of the applicant's implementation of the MMRP. 7. The development standards of Planned Development 291 modify the underlying M- 1-P zone development standards as follows: Development Standard Required M-1-P Zone Approved PD-291 Building Height 40 feet 35-40 feet Yards Abutting Residential 100 feet 17-100 feet ' Landscape Buffer 25 feet 17-25 feet Abutting Major Roads 25 feet Same Resolution No. 21433 Page 17 1 Landscape Buffer 25 feet Same Abutting Non-Residential 20 feet 17-110 feet Landscape Buffer None 17-25 feet Walls 8 feet maximum 8 feet Coverage No Limit 74% of site Parking Spaces 1571 spaces 1817 spaces Parking Lot Shading 50% minimum Same CC&R's 8. Property Conditions, Covenants and Restrictions (CC&Rs): Prior to issuance of building permits CC&Rs shall be submitted for review and approval by the Director of Planning Services in a form to be approved by the City Attorney to acknowledge Planned Development 291 (PD-291), the adopted Conditions of Approval of PD- 291, and the MMRP of the Final Environmental Impact Report (SCH#2003121001); and provide for private restrictions on use of the site that implement PD-291 and the MMRP. The provisions in the CC&Rs shall be enforceable by the City and not be amended without City approval, and shall require the maintenance of all property in a good condition in accordance with all regulations by one entity. The approved CC&Rs shall be recorded prior to issuance or the first Certificate of Occupancy. 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 tiling fee shall also be paid to the City Planning Services Department for administrative review purposes. PROJECT OPERATIONS 10. Seasonal Garden Area: A Land Use Permit is required for all outdoor special events. A maximum of six special events, each lasting no more than two weeks in duration, may be held per year. These special events include, but are not limited to, tree sales, car washes, plant sales, furniture sales, and other unspecified outdoor events on site. Special events for Halloween and Christmas may be permitted for extended time periods, subject to the approval of a Land Use Permit by the City. In addition, any outdoor future food use shall be subject to the approval of a Land Use Permit by the City. 11. Outdoor Storage: Outdoor storage in the Outdoor Garden Center, Building Materials Storage, or Will Call areas shall not exceed the height of the perimeter screen fence/walls of their respective areas. 12. Signage: Prior to issuance of a building permit, the applicant shall submit for review and approval a Comprehensive Sign Program showing all proposed signage for the site. The comprehensive Sign Program shall be integrally designed with the site Resolution No. 21433 Page 18 landscaping and architecture and incorporate reference to comments received during ' Architectural Advisory review of PD-291. In no case shall roof top advertising be permitted. 13. Loading facilities: Prior to issuance of Building permits, 1) a loading facility shall be provided for the building "Food-1" on Exhibit 1 by conversion of two nearby parking spaces or other means acceptable to the Director of Planning Services; 2). A loading facility shall be provided for building 'Retail-1" on Exhibit 1 by reconfiguration of the 4-trash bins and elimination of the 3-parking spaces on the north side of the Retail-1, or by other means acceptable to the Director of Planning Services; and 3) PD-291 Exhibit 1 shall be amended to note that prior to issuance of any permit to expand any building "Major C-E" or alter the loading facilities for the buildings "Major C-E" a new loading facility plan shall be submitted for review and approval as an amendment to Planned Development 291. The Operational Noise Control Plan, as part of the MMRP (condition 6), shall limit deliveries as noted in the July 18th letter from Home Depot in the Final EIR, and such limits shall be included in the project CC&Rs (condition 8). 14. Site remediation: Prior to submission of a building permit, the applicant shall provide certification to the satisfaction of the City Attorney that the Removal Action Plan (RAW) has been completed and the site is clear of all environmental concerns, and that implementation of PD-291 will not pose any concerns relative to the prior land fill operation on the site. The applicant shall reimburse any city costs in the review ' of the certification. 15. Cart theft system: Prior to issuance of the first certificate of occupancy, the applicant shall install and operate an electronic shopping cart theft system to prevent shopping carts from being removed from the property to the satisfaction of the Director of Planning Services. The ongoing maintenance and operation of the electronic shopping cart theft system shall be provided for in the CC&Rs for the site. This requirement shall only apply to shopping carts but not lumber carts. 16. Home Depot shall be permitted to use ten parking spaces year round, as designated on the approved site plan (north of the loading dock), for a Trailer Display/Sales Area and an area to store and rent large equipment such as concrete mixers, scaffoldings, and rototillers. The equipment shall be placed so that the 26- foot wide parking lot driveway shall be kept clear at all times. 17. Outdoor display of merchandise at Home Depot shall be limited to only the designated outdoor display areas and outdoor garden center display area, as shown on the approved site plan. Home Depot shall be permitted to leave the outdoor display items in the designated areas overnight. The use of all other areas for outdoor display of merchandise shall be prohibited. 18. Home Depot shall be permitted to install pay phones in the outdoor display areas , and vestibules in front of the store, as shown on the approved site plan. Vending machines are permitted to be installed inside the vestibules. If vending machines Resolution No. 21433 Page 19 are to be installed in the outdoor display areas, the applicant shall submit details on location and design of the areas such that the vending machines are in designated areas that do not detract from the architecture of the building. The details for the outdoor vending machines areas shall be submitted as part of the final development plans. 19. Prior to approval of the final development plans, the applicant shall submit plans for a visual terminus, to consist of landscaping or other architectural alternative, at the north end of the two north-south parking lot driveways that take access from Ramon Road. This improvement shall be constructed prior to issuance of certificate of occupancy. FINAL DESIGN 20. 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 Services 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. 21. Prior to issuance of the first certificate of occupancy, the roof and all equipment on the roof shall be a consistent earth tone color to be approved by the Director of Planning Services. 22. All roof mounted mechanical equipment shall be screened from all adjacent at grade 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. Parapet walls shall be at least 6" above the tallest piece of roof mounted equipment for the purpose of screening. Cross sections of the parapet walls and manufacturers cut sheets for each piece of roof mounted mechanical equipment shall be required prior to issuance of building permits. 23. 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. 24. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 25. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 26. 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 Resolution No. 21433 Page 20 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. 27. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal to the City of Palm Springs. 28. The entire parking lot and all drive-through facilities must adequately screened by 4'-0" tall decorative walls and/or berms. The walls should include decorative block, cap and pilasters and berms architecturally integrated with the site architecture. Walls and berms must include landscaping, including trees and shrubs. 29. Landscaping shall include a mixture of 24", 36", 46" and 60" box size trees. All trees shall be allowed to grow to full form and height and shall not be topped or excessively trimmed. 30. 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. A minimum 50% of the parking area must be shaded. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. ' 31. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 32. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. The avigation and non-suite covenant shall be recorded against all parcels. 33. 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. 34. 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. 35. The project shall comply with the City of Palm Springs Transportation Demand , Management (TDM) Ordinance, which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. This must be submitted for approval a Resolution No. 21433 Page 21 1 minimum of (60) days prior to issuance of the certificate of occupancy and must be approved prior to opening. POLICE DEPARTMENT 36. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 37. Fire Hydrant Systems: Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction (901.2.2.2 CFC). All fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. 38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site (903 CFC). Installation, testing, and inspection will meet requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's material and Test Certificate to the Fire Department (9-2.1 NFPA 24 1995 edition). 39. Fencing Requirements: Construction site fencing required over 5,000 SF or as the Fire Marshall deems necessary as the authority having jurisdiction, in accordance with the 1998 California Fire Code and City of Palm Springs Ordinance 1570. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 40. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 92 CFC). 41. Private Streets: They shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets maybe required by the City Engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed on ether side of the roadway. 42. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds G.V.W. Resolution No. 21433 Page 22 (902.2.2.2CFC). The minimum inside turning radius is 30 feet, with outside radius ' of 45 feet. 43. Automatic Fire Sprinklers: Approved, automatic Fire Sprinkler Systems are required for all project buildings. BUILDING DEPARTMENT 44. Application for building permit requires the submittal of three sets of construction documents, including attachments such as structural engineering, energy calculations, etc. 45. All food service type uses must have Health Department approval prior to building permit issuance. 46. Each food service type use must be provided with its own dedicated grease interceptor (common interceptors are not allowed). 47. If the intent is to use CBC section 505.2 to justify the size of buildings, and ultimately to subdivide the property, the 60 foot yard required by that section will not be permitted to extend over a real property line (as opposed to an assumed property line), unless otherwise permitted by the Building and Safety Manager. ' ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 48. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 49. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to issuance of building permits. 50. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 51. Site Access Alternative D shall be implemented for this project, as identified in the Traffic Impact Study prepared by Endo Engineering for "The Springs Retail Center", ' dated May 2005. The required improvements below identify the construction of a connection to Mission Drive from the project site, via an extension of San Joaquin Drive south of Mission Drive with an intersection (standard street knuckle) at Gene Resolution No. 21433 Page 23 Autry Trail aligned with Site Access A, as generally shown in Figure 1-10 "Alternative Access Plan D" from the Traffic Impact Study. In the event Caltrans demonstrates requirements that prohibit the ability to construct a directional median opening on Highway 111 at Site Access B, the City Engineer will coordinate with the applicant to resolve the restriction, including consideration of Site Access Alternative B and installation of a full access signalized driveway at Site Access B. Conditions indicated herein relative to Highway 111 are subject to change in accordance with Caltrans requirements, as may be indicated in an Encroachment Permit issued by Caltrans to the applicant for construction of improvements along Highway 111 related to this project. GENE AUTRY TRAIL (HIGHWAY 111) 52. Remove the existing curb returns, spandrels, and cross-gutter at the intersection with Mission Drive, and construct 35 feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 5:3. Remove the existing curb and gutter, and construct a new 40 feet wide local street intersection aligned with Site Access A (northerly driveway along Gene Autry Trail). The new street shall be constructed with a 6 inch curb and gutter located 20 feet north and south of the centerline of Site Access A, extending to a standard knuckle aligned with the southerly prolongation of the centerline of San Joaquin Drive, including 35 feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 54. Construct a standard street knuckle, in accordance with City of Palm Springs Standard Drawing No. 104, at the intersection aligned with Site Access A and the southerly prolongation of the centerline of San Joaquin Drive. 55. Construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The driveway approach shall be constructed at the location identified as Site Access A (northerly Gene Autry Trail driveway), within the standard street knuckle. 56. Construct a 5 feet wide sidewalk along both sides of the new local street, in accordance with City of Palm Springs Standard Drawing No. 210. 57. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within the new local street from edge of proposed gutters in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The required pavement section shall be designed by a California e registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval, and designed to withstand anticipated heavy truck volumes generated by the development. Resolution No. 21433 Page 24 58. Construct Type A curb ramps meeting current California State Accessibility ' standards on each side of the new local street intersection aligned with Site Access A, in accordance with City of Palm Springs Standard Drawing No. 212. 59. Construct a directional median opening within the existing landscaped median, aligned with Site Access B. The directional median opening shall provide a 100 feet long southbound, left-turn bay, and shall be designed and constructed in accordance with the Caltrans Highway Design Manual and in a manner to prohibit westbound left-turn egress from Site Access B. The applicant shall be responsible for removing and replacing irrigation system and landscaping improvements within the existing median, to the satisfaction of the Director of Planning Services and City Engineer, in accordance with Caltrans standards. 60. Site Access B (central Gene Autry Trail driveway) shall be revised to eliminate the two westbound exit lanes, and shall consist of a divided entry with two entrance lanes (12 feet wide each, 24 feet wide total), a landscaped median (13 feet wide), and one exit lane (16 feet wide), for a total width of 53 feet, or as otherwise approved by the City Engineer. Remove the existing curb and gutter, and construct Site Access B as a 53 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in, right-turn out, and left-turn in only. Left- turn out egress shall be prohibited. 61. Remove the existing curb and gutter, and construct Site Access C (southerly Gene Autry Trail driveway) as a 32 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in and right-turn out only. 62. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access B and C) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 63. Construct a 10 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk may be meandering, and shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The applicant shall dedicate an easement for sidewalk purposes for portions of the sidewalk, if meandering, that are located outside of existing right-of-way. ' 64. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast and southeast corners of the intersection of Gene Autry Resolution No. 21433 Page 25 Trail and Mission Drive, in accordance with City of Palm Springs Standard Drawing No. 212. 65. All broken or off grade street improvements shall be repaired or replaced. RAMON ROAD 66. Remove the existing curb, gutter and sidewalk, and construct Site Access D (westerly Ramon Road driveway) as a 32 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in and right-turn out only. 67. Site Access E (easterly Ramon Road driveway) shall be revised to eliminate the two southbound exit lanes, and shall consist of a divided entry with two entrance lanes (12 feet wide each, 24 feet wide total), a landscaped median (5 feet wide), and one exit lane (16 feet wide), for a total width of 45 feet, or as otherwise approved by the City Engineer. Remove the existing curb returns, spandrels, cross-gutter, and access ramps, and construct Site Access E as a 45 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in, right- turn out, and left-turn in only. 68. Modify the existing median opening at Site Access E to provide a directional median opening with a 100 feet long eastbound, left-turn access into the development and to prohibit southbound left-turn egress from Site Access E; and modify the existing median to extend the eastbound, left turn pocket at San Luis Rey Drive to provide a 200 feet long left-turn bay. The median modifications shall be designed and constructed in accordance with the Caltrans Highway Design Manual. The applicant shall be responsible for removing and replacing irrigation system and landscaping improvements within the existing median, to the satisfaction of the Director of Planning Services and City Engineer. 69. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access D and E) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 70. Remove existing street improvements as necessary to construct a 170-feet long by 12-feet wide bus turn out on the north side of Ramon Road, west of San Luis Rey Drive. Dedicate additional right-of-way concentric with the back of the 8 feet wide color concrete sidewalk to match existing improvements. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus Resolution No. 21433 Page 26 stop furniture and other accessories, as required by Sunline Transit Agency, shall ' be provided by the developer, as necessary. The applicant shall be responsible for coordinating the removal of existing bus stop furniture and other accessories located at the northeast corner of Ramon Road and San Luis Rey Drive, as required by Sunline Transit Agency. 71. All broken or off grade street improvements shall be repaired or replaced. SAN LUIS REY DRIVE 72. Dedicate an additional 21 feet of right-of-way 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. 73. Remove the existing asphalt concrete berm and replace with a 6 inch curb and gutter located 48 feet west of the record centerline of San Luis Rey Drive along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of Ramon Road and San Luis Rey Drive, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Install an appropriate taper and transition from the north end of the subject property to the widened section of San Luis Rey Drive, to the satisfaction of the City Engineer. 74. Remove and reconstruct the existing 14 feet wide catch basin and storm drain ' connector pipe located on the north side of Ramon Road, west of San Luis Rey Drive, associated with Riverside County Flood Control District (RCFC) Palm Springs Storm Drain Line 34, as necessary to facilitate the widening of San Luis Rey Drive. The reconstruction of the catch basin and storm drain connector pipe shall be subject to the review and approval by RCFC and the City Engineer. 75. Construct a 170-feet long by 12-feet wide bus turn out on the west side of San Luis Rey Drive, north of Ramon Road (at the current location of the existing bus stop). Dedicate additional right-of-way concentric with the back of the 8 feet wide colored concrete sidewalk to match existing improvements. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by SunLine Transit Agency, shall be provided by the developer, as necessary. 76. Remove and replace the existing cross-gutter located across the north leg of the Ramon Road and San Luis Rey Drive intersection, as necessary to facilitate the required street improvements. 77. Construct Site Access F and G (southerly and center San Luis Rey Drive driveways) as a 32 feet wide driveway approach at the locations as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Full access shall be permitted. Resolution No. 21433 Page 27 78. Construct Site Access H (northerly San Luis Rey Drive driveway) as a 30 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 201. The applicant shall post signage indicating that delivery trucks are prohibited from turning left onto San Luis Rey Drive. 79. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access F and G) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 80. Construct an entry monument, or non-traversable median within San Luis Rey Drive immediately north of Site Access H (separating opposing traffic lanes) to restrict delivery truck right-turn access into the development from San Luis Rey Drive, or left-turn access out of the development onto San Luis Rey Drive. The entry monument shall be designed to narrow the travelway, but allow non-project related delivery truck access directly into the adjacent neighborhood. The entry monument design shall be subject to the review and approval of Cathedral City. The applicant is encouraged to coordinate with Cathedral City staff to obtain the application process or procedure to obtain official approval of the entry monument design, including, if applicable, approval from the City Council of Cathedral City. 81. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. 82. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal from edge of proposed gutter to clean sawcut edge of pavement, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 83. The applicant shall crackfill, repair, or otherwise improve the existing pavement section in accordance with requirements indicated in a Geotechnical Design Report evaluating the current pavement condition of San Luis Rey Drive and its ability to withstand use by the anticipated heavy truck volumes generated by the Resolution No. 21433 Page 28 development, which may include, but not be limited to, construction of a minimum , 1'/2 inch asphalt concrete overlay on the existing asphalt concrete pavement within San Luis Rey Drive. 84. Install new traffic striping improvements to provide two (2) through traffic lanes northbound and southbound, a 12 feet wide center two-way left-turn lane, and an 8 feet parking lane adjacent to the east curb, from Ramon Road across the project frontage, transitioning at the north property line. Provide appropriate traffic striping and signage along the entire frontage, as required by the City Engineer. Parking shall be prohibited along the west side of San Luis Rey Drive along the entire project frontage. The applicant shall install appropriate "No Parking" signs prohibiting parking along the west side of San Luis Rey Drive, along the entire project frontage. MISSION DRIVE 85. The entire segment of Mission Drive, from Gene Autry Trail to San Joaquin Drive shall be removed and reconstructed as required herein, to facilitate access into the proposed development. 86. Construct a 6 inch curb and gutter located 20 feet north and south of the centerline of Mission Drive from Gene Autry Trail to San Joaquin Drive, with a 25 feet radius ' curb return and spandrel at the northwest, northeast, and southeast corners of the intersection of Mission Drive and San Joaquin Drive, and with a 35 feet radius curb return and spandrel at the southwest corner of the intersection of Mission Drive and San Joaquin Drive, in accordance with City of Palm Springs and City of Cathedral City specifications. 87. Construct a 6 feet wide cross gutter across the north and south legs of the Mission Drive and San Joaquin Drive intersection with a flow line parallel with and 20 feet from the centerline of San Joaquin Drive in accordance with City of Palm Springs and City of Cathedral City specifications. 88. Construct a 5 feet wide sidewalk behind the curb on the north and south sides of Mission Drive, from Gene Autry Trail to San Joaquin Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 89. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest, northeast, southwest, and southeast corners of the intersection of Mission Drive and San Joaquin Drive, in accordance with City of Palm Springs Standard Drawing No. 212. 90. Construct a minimum pavement section of 3 inches asphalt concrete pavement over ' 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, throughout the entire travelway to the end of new improvements at the east leg of the Mission Drive and San Joaquin Drive Resolution No. 21433 Page 29 intersection, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 91. Construct an entry monument, or non-traversable median within Mission Drive immediately east of San Joaquin Drive (separating opposing traffic lanes) to discourage delivery truck access into the adjacent neighborhood along Mission Drive. The entry monument shall be designed to narrow the travelway, but allow non-project related delivery truck access directly into the adjacent neighborhood. The entry monument design shall be subject to the review and approval of Cathedral City. The applicant is encouraged to coordinate with Cathedral City staff to obtain the application process or procedure to obtain official approval of the entry monument design, including, if applicable, approval from the City Council of Cathedral City. 92. Install new traffic striping improvements to provide two (2) westbound traffic lanes and one (1) eastbound traffic lane from Gene Autry Trail to San Joaquin Drive. The westbound lanes shall be striped for left-turn and right-turn movements; the left-turn lane shall be 12 feet wide and the right-turn lane shall be 14 feet wide. The eastbound lane shall be 14 feet wide. Appropriate traffic striping and signage along the Mission Drive frontage to San Joaquin Drive shall be installed, as required by the City Engineer. Parking shall be prohibited along both sides of Mission Drive from Gene Autry Trail to San Joaquin Drive. The applicant shall install appropriate "No Parking" signs restricting parking along the both sides of this segment of Mission Drive. 93. Install a 2-way stop controlled intersection at Mission Drive and San Joaquin Drive, with stop controls installed for northbound and southbound vehicles on San Joaquin Drive. Install appropriate traffic striping and signage in accordance with City of Palm Springs and City of Cathedral City specifications. At the Mission Drive and San Joaquin Drive intersection, the applicant shall post signage indicating that eastbound commercial vehicles accessing the development are prohibited from proceeding eastbound, and are directed to proceed southbound at San Luis Rey Drive; and shall post signage prohibiting northbound commercial vehicles leaving the development from turning right (eastbound) onto Mission Drive. Proposed signage shall be subject to the review and approval by Palm Springs and Cathedral City. SAN JOAQUIN DRIVE 94. The entire segment of San Joaquin Drive, from Mission Drive to the standard street knuckle aligned with the centerline of Site Access A shall be removed and reconstructed as required herein, to facilitate access into the proposed development. Resolution No. 21433 Page 30 95. Dedicate additional right-of-way as necessary to construct a standard street knuckle on-site, at the intersection of the prolongation of the centerline of San Joaquin Drive and the centerline of Site Access A, in accordance with City of Palm Springs Standard Drawing No. 104. 96. Construct a 6 inch curb and gutter, 20 feet east and west of the centerline from Mission Drive to the standard street knuckle located at the intersection with the centerline of Site Access A. 97. Construct a 5 feet wide sidewalk behind the curb on the east and west sides of San Joaquin Drive, from Mission Drive to the standard street knuckle located at the intersection with the centerline of Site Access A, in accordance with City of Palm Springs Standard Drawing No. 210. 98. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, throughout the entire travelway, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. SANITARY SEWER , 99. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 100. If not already constructed, extend the existing 15 inch public sewer main from the end of the existing sewer main in San Luis Rey Drive north of Ramon Road to the point of on-site sewer connection for the project. The applicant shall coordinate installation of laterals for future sewer connections to adjacent properties along the east side of San Luis Rey Drive, within Cathedral City, subject to the review and approval of the Desert Water Agency and the Cathedral City, City Engineer. The sewer main extension shall be constructed prior to issuance of a certificate of occupancy, or as otherwise allowed by the City Engineer. 101. Coordinate with Desert Water Agency for preparation of sewer improvement plans for the extension of the existing 15 inch public sewer main in San Luis Rey Drive. The plans shall be approved by Desert Water Agency prior to issuance of any building permits. 102. All on-site sewer systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and , Restrictions (CC&R's) required for this project. Resolution No. 21433 Page 31 103. All sewer mains constructed by the applicant and to be publicly maintained shall be subject to the review and approval by Desert Water Agency. The applicant shall comply with all Desert Water Agency requirements necessary for acceptance of the extended sewer main by Desert Water Agency. 104. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Private on-site sewer mains shall conform to City sewer design standards, including construction of V.C.P. sewer mains and standard sewer manholes, unless otherwise allowed by the City Engineer. A profile view of the on-site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 105. The on-site private sewer system shall connect to the sewer main within San Luis Rey Drive in accordance with Desert Water Agency standards. GRADING 106. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. 107. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff members that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. Resolution No. 21433 Page 32 108. The first submittal of the Precise Grading and Paving Plan shall include the , following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 109. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets, roadways, or gutters. 110. 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 for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Precise Grading and Paving Plan. 111. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 112. A soils 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 Precise Grading and Paving Plan. The soils report shall evaluate existing pavement conditions of San Luis Rey Drive, Mission Drive, and San Joaquin Drive, and identify pavement repairs and/or pavement construction requirements with regard to the use of these streets by heavy trucks associated with this development. 113. 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 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) prior to approval of the Precise Grading and Paving Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 114. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to Palm Springs Master Storm Drain Line 34 through an on-site storm drain system. Stormwater runoff may ' not be released directly to Line 34 or adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). Resolution No. 21433 Page 33 115. Provisions for the interception of nuisance water from entering adjacent 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, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 116. The on-site storm drain system, including storm drain pipe sizing, catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in a Hydrology Report for this development. 117. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 1,18. Construct storm drainage improvements, including but not limited to, catch basins and storm drain lines, for drainage of the development into Line 34, subject to the review and approval by the City of Palm Springs, City of Cathedral City, and Riverside County Flood Control District (RCFC). 119. The applicant shall extend Palm Springs Master Storm Drain Lateral 34A within San Luis Rey Drive, from the existing terminus just north of Ramon Road along the frontage of the development. The applicant shall coordinate with Riverside County Flood Control District (RCFC) for the design and installation of Storm Drain Lateral 34A, including associated catch basins and storm drain connector pipes, along both sides of San Luis Rey Drive. The extension of Storm Drain Lateral 34A shall be completed prior to construction of the required street improvements within San Luis Rey Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 120. 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 in accordance with Resolution No. 15189. Any design and construction costs associated with the extension of Storm Drain Lateral 34A may be credited against drainage implementation fees otherwise due. The applicant shall coordinate the credit of drainage implementation fees with the City and Riverside County Flood Control District (RCFC) through approval of a Cooperative Agreement between the applicant, the City of Palm Springs, the City of Cathedral City, and RCFC, prior to issuance of building permits. In the event extension of Storm Drain Lateral 34A is not completed prior to an application for building permits, the drainage implementation fee applicable to any building permit(s) shall be paid, with the fee(s) being added to the total costs related to the extension of Storm Drain Lateral 34A for which credit of drainage implementation fees will be considered. ON-SITE 12'1. The minimum pavement section for all on-site pavement shall be 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative Resolution No. 21433 Page 34 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. 122. Sufficient stacking area shall be provided on-site to accommodate a minimum of seven tandem vehicle spaces, inclusive of the vehicle being served at each drive- through service window, per Municipal Code Section 93.06.00, and the queue of vehicles shall not extend into or interfere with any internal circulation patterns. GENERAL 123. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 124. All proposed utility lines shall be installed underground. 125. In accordance with Chapter 8.04.401 of the City of 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/or transecting, 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. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of the grading plan. The existing overhead utilities across the north property line meet the requirement to be installed underground. Utility undergrounding shall be completed prior to issuance of a certificate of occupancy. 126. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. , Resolution No. 21433 Page 35 1:27. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 128. 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. 129. 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 Zoning Code Section 93.02.00, D. 130. 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 131. In accordance with Government Code 66426 (c), an application for a Tentative Parcel Map shall be submitted to the Planning Services Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of commercial parcels within the proposed development. 132. In the absence of an approved and recorded Parcel Map, an application for a lot line adjustment shall be submitted to the Engineering Division for review and approval to remove Lot "B" of Parcel Map 18787 from record, and to adjust the existing property lines of Parcels 1 and 2 of Parcel Map 18787 to avoid intersecting any proposed buildings. A copy of a current title report and copies of record documents shall be submitted with the application for the Lot Line Adjustment. The application shall be reviewed and approved by the Engineering Division, and the Lot Line Adjustment shall be recorded, prior to issuance of any building permit for buildings intersected by existing property lines. 133. Relocation or abandonment of record easements across the property shall be performed prior to issuance of a building permit for buildings proposed within the record easements. The easements, identified as an easement to Southern Sierras Power Company recorded on May, 9, 1922 in Book 570, Page 34 of Deeds of Records of Riverside County; and a 10 feet wide easement to California Water and Telephone Company recorded July 12, 1957 in Book 2117, Page 483 of Official Records of Riverside County; and Lot "B", as depicted on Parcel Map No. 18787, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject Resolution No. 21433 Page 36 property. Without evidence of such, proposed buildings encumbered by existing ' record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected building(s). TRAFFIC 134. Relocate and modify the existing traffic signal at the intersection of Ramon Road and San Luis Rey Drive, in conjunction with the associated widening of San Luis Rey Drive. The traffic signal shall be split-phased with dual left-turn lanes in the north-south direction. Traffic striping or other improvements shall be installed on San Luis Rey Drive, south of Ramon Road, as necessary to implement the required improvements. The applicant shall submit traffic signal modification plans, and traffic striping and signage plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost of these improvements, however, any other developer's fair share costs that the City may receive for this improvement may be reimbursed to the applicant subject to the terms of a reimbursement agreement. 135. Install a traffic signal at the intersection of Gene Autry Trail and Mission Drive. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the ' California Department of Transportation (Caltrans). The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal; however, the applicant's fair share cost of this improvement is 11.51%. Any other developer's fair share costs that the City may receive for this traffic signal may be reimbursed to the applicant subject to the terms of a reimbursement agreement, up to a maximum of 88.49% of the total cost. 136. If reimbursement of costs associated with traffic mitigation measures is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Reimbursement Agreement. The Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this condition. 137. Install traffic striping and signage improvements at the intersection of Sunny Dunes ' Road and Crossley Road to provide an exclusive northbound left-turn lane, and an exclusive eastbound left-turn lane. Submit traffic striping and signage plans to the Resolution No. 21433 Page 37 8 City Engineer for review and approval. Required traffic striping and signage improvements shall be completed prior to issuance of a certificate of occupancy. 138. Based on the "The Springs Retail Center" Planned Development District Traffic Impact Study prepared by Endo Engineering, dated May 2005 (as amended or updated) traffic mitigation measures are required. For each item identified below, the applicant shall provide a conceptual geometric plan of the intersection improvements, identifying existing and future improvements, and any necessary right-of-way acquisition. The applicant shall submit an estimate for the cost to construct the required improvements, including associated relocation/modification of existing traffic signal improvements and acquisition of additional right-of-way (if necessary), for review and approval by the City Engineer. The following mitigation measures shall be required prior to issuance of a building permit: a. Payment of applicant's fair share of 4.29% of the cost to widen the Sunrise Way and Ramon Road intersection to add a northbound right-turn lane and a second southbound left-turn lane. b. Payment of applicant's fair share of 5.56% of the cost to widen the Farrell Drive and Ramon Road intersection to add a northbound right-turn lane and a second southbound left-turn lane. C. Payment of applicant's fair share of 14.00% of the cost to widen the Crossley Road and Ramon Road intersection to add a northbound right-turn lane. d. Payment of applicant's fair share of 11.43% of the cost to widen the Cathedral Canyon Drive and Ramon Road intersection to add a northbound left-turn lane. e. Payment of applicant's fair share of 6.18% of the cost to install a traffic signal at the Crossley Road and Sunny Dunes Road intersection. f. Payment of applicant's fair share of 8.57% of the cost to install a traffic signal at the San Luis Rey Drive and Mesquite Avenue (renamed Dinah Shore Drive) intersection. g. Payment of applicant's fair share of 7.80% of the cost to widen the Crossley Road and Mesquite Avenue (renamed Dinah Shore Drive) intersection to add a northbound through lane, and a second southbound left-turn lane. 139. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalks along the Gene Autry Trail, Ramon Road, San Luis Rey Drive, Mission Drive, and San Joaquin Drive frontages of the subject property. 140. All damaged, destroyed, or modified traffic control devices, pavement legends, or striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. Resolution No. 21433 Page 38 141. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the ' development at each of the site driveways (Site Access A, B, C, D, E, F, G, and H) in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 142. 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. 143. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 1 Resolution No. 21433 Page 39 EXHIBIT B Case 5.0984 PD-291 The Springs Commercial Center Northeast Corner of Ramon Road and Gene Autry Trail October 19, 2005 FINAL ENVIRONEMNTAL IMPACT REPORT (SCH# 2003121001) MITIGATION MONITORING AND REPORTING PROGRAM: MITIGATION MONITORING PROGRAM California statutory legislation (AB 3180, CORTESE) requires responsible agencies to adopt monitoring programs to ensure that mitigation measures are effectively implemented whenever approval of a project involves the adoption of mitigation measures specified in the Environmental Impact Report (EIR). The mitigation monitoring program described below will be included in the Final Environmental Impact Report for this project, where it will represent input from review of the Draft EIR. In the mitigation monitoring program, all of the identified mitigation measures contained in the EIR are listed sequentially as they occur in the EIR. For each mitigation measure, the program will specify a qualified individual or department which will be responsible for monitoring implementation of that mitigation measure. The program will specify the time or times that the actions specified in each mitigation measure will be monitored, along with the criteria which will be utilized to determine if the mitigation measure has been satisfactorily implemented. A copy of the mitigation monitoring program will be provided to each person or department listed as responsible for monitoring. Approvals which are contingent upon implementation of a mitigation measure will not be granted without written indication from the responsible person or department that the mitigation measure has been satisfactorily implemented. � l3.f�TE AF = ipTi�At�NMEAStlRE a;1VlQNIT()R . C$ p11 i"iPLAt��Ei Air Quay 1. The proposed project will Building Before comply with the provisions of Department Construction Chapter 8.50 of the Palm Springs Begins Municipal Code that established Resolution No. 21433 Page 40 TIMING OF:r DATE OF MITI.QA7ION M 18URE MONITOR 3 'CO M0 AAdE COMPLIANCE minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plan to control fugitive dust through the implementation of best available control measures shall be prepared and submitted to the City for approval prior to the issuance of grading permits. The plan shall specify the dust control measures to be implemented. 2. The project proponent shall Building During comply with all applicable Department Construction SCAQMD Rules and Regulations including Rule 403 insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open ' storage pile or disturbed surface area beyond the property line of the emission source. Particulate matter on public roadways is also prohibited. 3. Adequate watering Construction During techniques shall be employed to Contractor Construction partially mitigate the impact of construction-related dust particulates. Portions of the site that are undergoing surface earth moving operations shall be watered such that a crust will be formed on the ground surface then watered again at the end of each day. Site watering will be performed as necessary to adequately mitigate blowin dust. 4. Any vegetative cover to be Construction During utilized onsite shall be planted as Contractor Construction soon as possible to reduce the , disturbed area subject to wind erosion. Irrigation systems Resolution No. 21433 Page 41 AIMING OFt DATEOF' MITIGA ONMEAWkE INONITOR 0©MRLIANCE' ' �COMRLIANGE required for these plants shall be installed as soon as possible to maintain good ground cover and to minimize wind erosion of the soil. 5. Any construction access Construction During roads (other than temporary Contractor Construction access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed on unpaved roads shall be 15 mph. 6. Grading operations shall be Construction During suspended during first stage Contractor Construction ozone episodes or when winds exceed 25 mph, per PM-10 SIP. 7. Any construction equipment Construction During using direct internal combustion Contractor Construction engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four-degree retard. 8. Perform low-NOx emissions Construction During tune-ups on the on-site Contractor Construction equipment operating onsite for more than 60 days. 9. Construction operations Construction During affecting off-site roadways shall Contractor Construction be scheduled to avoid heavy traffic hours and shall minimize obstruction of through-traffic lanes. 10. Idling trucks or heavy Construction During equipment shall turn off their Contractor Construction engines if the expected duration of idling exceeds ten (10) minutes. 11. All building construction shall Construction During comply with energy use Contractor Construction guidelines in Title 24 of the California Administrative Code. 12. Mitigation for Construction During paints/architectural coatings to Contractor Construction include: ❖ Use of re-coated building Resolution No. 21433 Page 42 'JIMINGOF--4FA, 1�41)ATE OF. i3o' N AV4 ONITO, q MGAJJ0 A materials. Use of high pressure-low volume (HPLV) paint applicators with a 50 percent efficiency. ❖ Use of lower volatility paint with 100 grams of ROG per liter or less. ❖ Spread out of the application over a longer period of time. 13. The use of energy efficient Building During street lighting and parking lot Department Construction lighting per the City Lighting Ordinance shall be required for all on-site lighting fixtures to reduce emissions at the power generation facility serving the area. 14. Perimeter walls and Construction During landscaping shall be constructed Contractor Construction in a manner that assists in protecting the site from blowsand. All walls and landscaping shall be maintained on a regular basis to remove accumulated blowsand. 15. Project transfer vehicles shall Construction During comply with SCAQMD Rule 1193 Contractor Construction regarding the use of alternative fuel and dual fuel vehicles. 16. Provide preferential parking Planning Post spaces for employee carpools Department Construction and vanpools. 17. Provide on-street bus Planning Post shelters and well-lighted, safe Department Construction paths between site uses. 18. Schedule truck deliveries and Planning Post pickups for off-peak hours where Department Construction feasible. 19. Work with the City of Palm Planning Post Springs to implement or Department Construction contribute to public outreach programs which promote alternative methods of transportation through Resolution No. 21433 Page 43 :JIMING�F � DA' OF � lTIGATION,MEA!l§Uk ,:��` �:x WONITOR ' (�MRl A 1C1= . COMPt�ANCE� I information kiosks. 20. Delivery trucks shall turn off Planning Post their engines if the anticipated Department Construction duration of idling exceeds three 3 minutes. Geology/Soils 21. Seismic design of onsite Building During structures shall be in compliance Department Construction with the most recent version of the Uniform Building Code (UBC), and shall be sufficient to withstand greater than a 0.62 g peak horizontal ground acceleration event. Hazards and Hazardous Materials 22. All onsite structures shall be Planning Before limited to 35-feet in height within Department Construction the Zone B1 and up to 70-feet Begins within Zone C as designated on the Riverside County Airport Land Use Compatibility Plan Map. 23, A standard avigation Building Before easement and non-suit covenant, Department Construction in a form prescribed and Begins approved by the city attorney, shall be provided by and with reference to present and future owners of onsite parcels where structures are to be located. H logy 24. Temporary erosion control Construction During measures shall be employed for Contractor Construction graded areas. Erosion control measures shall reduce and/or eliminate as much as possible, particulate runoff off-site into the local storm drains stem. 25. During the winter and spring Construction During months, disturbed surfaces will Contractor Construction be covered with erosion control devices in order to reduce potential runoff and/or wind Resolution No. 21433 Page 44 '.DATEDF.': CEI�­I��"-A'%J AkE M IONA RE I ,, MPL exposure. 26. Sediment shall be retained Construction During on-site by a system of sediment Contractor Construction basins, traps or other appropriate measures. 27. Storm drains Will be-equipped -Construction -During with silt and oil traps to remove Contractor Construction oils, debris and other pollutants. 28. The parking lot area shall be Building Before designed to allow storm water Department Construction runoff to be directed to Begins vegetative filter strips and/or oil- water separators to control sediment, oils and other contaminants. 29. Permanent energy Construction During dissipaters shall be included for Contractor Construction drainage outlets. 30. The project area drainage Building Before basins shall be designed to Department Construction provide effective water quality Begins control measures. Design and operational features of the drainage basins will include design features to provide maximum detention time for settling of fine particles; maximize the distance between basin inlets and outlets to reduce velocities; and establish maintenance schedules for periodic removal of sedimentation, excessive vegetation and debris. 31. The project applicant shall Planning Before apply for and obtain all Department Construction necessary permits from Riverside Begins County Flood Control District for connection of the private on-site drainage system to the regional storm drain Line 34 in Ramon Road. 1and0selPlanning 32. All onsite structures Planning Before Resolution No. 21433 Page 45 7IMIN(i QF DATE OF IITiGATION,�VIEASC�R s FMONITOR : C{) IPL1A 1(�E -DOMOOANGE limited to 35 feet in height within Department Construction the Zone B1 and up to 70-feet Begins within Zone C as required by the Riverside County Airport Land Use Compatibility Plan. 33. A standard avigation Building Before easement and non-suit covenant, Department Construction in a form prescribed and Begins approved by the city attorney, shall be provided by and with reference to present and future owners of onsite parcels where structures are to be located. 34. The project shall be required Building During to fully improve San Luis Rey Department Construction Drive by widening it 13-feet into the City of Palm Springs along the west and shall fully repair and pave the affected street segment with a 68-foot wide travel way containing 4 lanes (2 each way), a center turning lane, and a parking lane on the east side. Noise 35. Construction activities will be Building During limited to the hours of 7:00 a.m. Department Construction to 7:00 p.m. during weekdays Construction and 8:00 a.m. to 5:00 p.m. on Contractor Saturdays. 36. No construction activities Building During shall occur on Sundays or Department Construction holidays. Construction Contractor 37. Construction activities on Building During Saturday shall not entail the use Department Construction of any combustion driven Construction construction equipment within Contractor 250 feet of any residence. 38. An 8' high masonry block Planning Before barrier wall between the Department Construction construction site and nearest Begins residences shall be erected as Resolution No. 21433 Page 46 DATE OF 4 ...... NO OF,�. V-1 WW*MGATl0N MEASURE V E, the first construction element to attenuate equipment noise. 39.An operational noise control Planning Before Issuance plan shall be required prior to Department of Building issuance of building permits. Permits 40. Incorporate the following Planning Before design features as suggested in Department, Construction Policy 6.22.1-6.22.13 of the Building Begins, Noise Element: Department, During Construction Construction, ❖ A minimum of 25 feet Contractor Post landscaping between commercial Construction center and any adjacent residential uses. ❖ Automobile and truck access located at the maximum practical distance from any adjacent residential uses. ❖ Loading and trash areas located at the maximum practical distance from any adjacent residential uses. ❖ All parking areas adjacent to any residential uses be separated by a solid 8' tall decorative block wall and landscaped aesthetically. 41. All parking areas designed to Planning Before minimize noise impacts, including Department, Construction use of materials to mitigate Building Begins, During sound transmission. Department, Construction Construction Contractor 42. Parking lot sweepers and Planning Post other high-noise generating Department Construction equipment are prohibited between 10:00 P.M. and 7:00 a.m. 43. Leaf blowers with noise Planning Post levels in excess of 50 dB are Department Construction prohibited. 44. Delivery of loaded trailers of Planning Post building materials or pickup of Department Construction loaded customer trailers at the Resolution No. 21433 Page 47 a JMMING 4F .. DATE OF, dNITIGATION 1V( ASfIRE..° . . 0pNITR .... . :C MPLigNC .{ ."C6)MPLIANCE rear of stores along the northern periphery of the site shall not occur from 10:00 p.m. to 7:00 a.m. 45. Equipment shall not operate Planning Post at the rear of stores along the Department Construction northern periphery of the site between 10:00 p.m. to 7:00 a.m. if it requires the use of audible back-up alarms, nor shall refuse or recyclables be collected within this quiet period. 46. All commercial/retail stores Planning Before along the northern periphery of Department Construction the site shall agree to the hours Begins of operation, and CC&R's shall be recorded with these stores indicating the restrictions. 47. Early-morning (pre-7:00 a.m.) Planning Post pick-up of loaded trailers of Department Construction building materials shall occur from a loading/staging pad near the southeastern corner of the Home Depot after having been loaded and placed into storage prior to 10:00 p.m, the evening before. Fire and Paramedic Services 48. The project applicant shall Building Prior to the design and construct all, water Department, issuance of mains, fire hydrants and on-site Fire occupancy and circulation in accordance with Department building permits City of Palm Springs Fire Department rules and regulations prior to the issuance of occupancy and building permits. 49. Automatic fire sprinklers per Building Before City of Palm Springs Fire Department, Construction Department requirements will be Fire Begins required for all new structures Department associated with the project. This will be verified by the building division. 50. The construction of this Building Prior to the Resolution No. 21433 Page 48 JJMING: 'DATE.01 NWIEOM> 5; K bNJlOR �000 6 L4 rm!-, JC 61 P LIA ACE project shall utilize, to the extent Department, issuance of feasible, non-combustible Fire occupancy and building materials, and fire Department building permits resistant ornamental vegetation, subject to Fire Department approval prior to the issuance of occupancy permits. School Facilities 51. The applicant will be required Building Prior to the to pay all state mandated Department, issuance of developer impact fees prior to P.S.U.S.D occupancy and the issuance of occupancy and building permits building permits. No other mitigation is required. Transportation and Traffic 52. To ensure compliance with City Engineer Before City access and design Construction standards, the final building and Begins parking layout and site access design shall be subject to the review and approval of the City Traffic Engineer as part of the development review process. 53. Clear unobstructed sight City Engineer Before distances shall be provided at all Construction unsignalized site driveways on Begins master planned streets. 54. Vehicle storage space in all Engineering Before left-turn bays associated with site Department Construction access points and the adjacent Begins intersections shall be provided to the satisfaction of the City Engineer, to ensure that anticipated queues are accommodated out of through travel lanes. The eastbound left- turn bay on Ramon Road at the eastern site access would require a minimum queue storage length of 100 feet. The eastbound left-turn bay on Ramon Road at San Luis Rey shall be designed to provide a gueue storage length of 200 feet. Resolution No. 21433 F'age 49 . _ :.•TIMING OF DATE OF MITIGATION MFr45lIRE MONIT©R COfIIIPLIANCe -' OMFLIANCE 55. The site design shall provide Engineering Before the facilities necessary to safely Department Construction integrate alternate transportation Begins modes such as bicycles, pedestrian access, and transit operations into the site access and circulation system and minimize the area where vehicle conflicts with bicyclists and pedestrians could occur. 56. Ramps meeting Americans Building Before with Disabilities Act Accessibility Department Construction Guidelines shall be provided at Begins all on-site intersections and site driveways. 57. To provide clear visibility of Building Before pedestrians approaching on-site Department Construction intersection crosswalks at night, Begins the approaches to and all street corners shall be well illuminated (including the crossing and waiting areas) and signage and other objects shall not obstruct clear views between drivers and pedestrians. 58. The project proponent shall Engineering Before coordinate with the City of Palm Department Construction Springs and the Fire Department Begins during the development review process to ensure the adequacy of the designation of the curb at the building face as a fire lane, to ensure that emergency vehicles have access to all building faces and can negotiate the internal circulation system relative to emergency access. 59. If Caltrans permits the Engineering Before conventional median opening Department Construction proposed on Gene Autry Trail at Begins the main site access on Gene Autry Trail (as shown in the Proposed Site Access Plan, and Site Access Option B) it shall be Resolution No. 21433 Page 50 IIMING OF HATE OF IVIOIVITOR JdWPUANCE signalized with left-turn phasing in conjunction with the construction of the initial development activities at the proposed commercial center. 60. At the construction stage, the Engineering During developer shall provide timing Department Construction plans and interconnect the closely adjoining signalized intersections on Gene Autry Trail between Sunny Dunes Road and Mission Drive to provide adequate coordination. 61. Separate sensing of the Engineering Before driveway's right-turn and left-turn Department Construction exit lanes shall be provided at Begins the main accessway on Gene Autry Trail to ensure that excessive green time will not be required for vehicles leaving the project site (to the detriment of the through traffic flow on Gene Autry Trail). 62. All of the site driveways Engineering Before (except the main site access on Department Construction Gene Autry Trail with Proposed Begins Site Access Plan) shall be controlled by STOP signs facing traffic departing from the site onto the abutting streets. 63. The intersection approach Engineering Before lanes depicted in Figure 4.9-4 Department Construction and Figure 4.9-8 shall be Begins provided at the site access intersections, unless an access option other than the proposed site access plan is approved. 64. In the event that Access Engineering Before Option D is approved, the Department Construction intersection of Gene Autry Trail Begins and the main site access shall provide a single entry lane with a single right-turn only exit lane and be controlled by a STOP Resolution No. 21433 Page 51 TIMING OF . DATE OF MiTIGATIONMEASURE MONITOR TGOMAL�ANCEa, COMPLIANCE sign facing exiting vehicles. 65. If a directional median Engineering Before opening is permitted on Gene Department Construction Autry Trail by Caltrans at the Begins main site access (as provided in Access Option B), it shall be designed and constructed in a manner that will comply with the provisions of the Caltrans Highway Design Manual and physically prevent vehicles from making left-turn movements across Gene Autry Trail out of this driveway. 66. The project proponent shall Engineering Before implement and be required to Department Construction contribute 100 percent of the Begins cost of the following site access improvements in conjunction with the proposed development: Gene Autry Trail at Access A construct single site entry and exit lane of adequate width to accommodate commercial delivery vehicles, install a STOP sign to control exiting site traffic; Gene Autry Trail at Access B construct a conventional (full-turn) opening in the raised median including southbound left-turn lane with adequate storage length, construct an exclusive westbound right-turn lane, construct an exclusive westbound left-turn lane, install an interconnected traffic signal with left-turn phasing and separate sensing of the driveway exit lanes to minimize their green time, construct a site entry lane; Resolution No, 21433 Page 52 Gene Autry Trail at Access C - construct a westbound right-turn only lane, - install a STOP sign to control exiting site traffic; Access D at Ramon Road - construct a southbound right-turn only exit lane, install a STOP sign to control exiting site traffic; Access E at Ramon Road construct a directional median opening on Ramon Road including an eastbound left-turn lane with adequate queue storage length, construct an exclusive southbound right-turn lane, - install a STOP sign to control exiting site traffic; San Luis Rey Drive at Access F construct a northbound through lane, - construct a southbound through lane, construct a continuous two-way left- turn median lane on San Luis Rey Drive, - construct an eastbound shared right/left-turn lane, - install a STOP sign to control exiting site traffic; San Luis Rey Drive at Access G construct a northbound through lane, construct a southbound through lane, construct a continuous two-way left- turn median lane on San Luis Rey Drive, construct an eastbound shared right/left-turn lane, install a STOP sign to control exiting , site traffic; Resolution No. 21433 Page 53 a-r «", ITIGATION MEASUR MQNITOR , cOMPCIXI k, # OfJ�IP,�IXN San Luis Rey Drive at Access H install a STOP sign to control exiting site traffic, construct the service driveway in a manner that discourages right-turn entry and left-turn exit maneuvers, and post signage indicating commercial vehicles are prohibited on Mission Drive and San Luis Rey Drive north of the driveway. 67. The project shall be required Planning Before to install a traffic signal at Gene Department/En Construction Autry Trail and Mission Drive gineering Begins through a development Department agreement with the City, whereby the developer would be entitled to reimbursement of 88.49% of the total cost as the surrounding development occurs. 68. The applicant shall Engineering Before coordinate with SunLine Transit Department Construction Agency regarding relocation of Begins the existing bus stop at the northeast corner of Ramon Road and San Luis Rey Drive and construction of a new bus turn- out, including provision of additional public transit facilities, such as lighted covered transit shelter near the bus turnout on- site, at the northwest corner of Ramon Road and San Luis Rey Drive. 69. The developer shall Engineering Before contribute on a fair-share basis Department Construction to the cost of circulation Begins improvements required in 2006 for the following roadways and/or at key intersections: ■ Sunrise Way @ Ramon Road Add a northbound right-turn lane. Resolution No. 21433 Page 54 ■ Farrell Drive @ Ramon Road - Add a second southbound left-turn lane. • San Luis Rey Drive @ Ramon Road - Add an exclusive southbound left- turn lane. • Crossley Road @ Sunny Dunes Roada - Restripe intersection with exclusive left-turn lanes on all approaches. 70. The developer shall Engineering Before contribute a portion of the cost of Department Construction required improvements to Begins maintain acceptable Levels of Service at the following intersections during the Year 2025: Gene Autry Traila @ Vista Chinoa (Project Share of Traffic Increase = 7.00%) - add a northbound left turn lane - add a northbound through lane - add an eastbound left-turn lane - add an eastbound through lane - add a westbound left-turn lane - add a westbound through lane Sunrise Way @ Ramon Roadb (Project Share of Traffic Increase = 4.29%) - add a northbound right-turn lane - add a second southbound left-turn lane - add a second eastbound left-turn lane - add an eastbound through lane - add a second westbound left-turn lane - add a westbound through lane 'Farrell Drive @ Ramon Roadb (Project Share of Traffic Increase= 5.56%) - add a northbound right-turn lane Resolution No. 21433 Page 55 u. mv ' 11"; ROF RIE= MP11ANG COMPLIANCE add a second southbound left-turn lane - add an eastbound through lane - add a westbound through lane 'El Cielo Road @ Ramon Roadb(Project Share of Traffic Increase=9.79%) - add an eastbound through lane - add a westbound right-turn lane *San Luis Rey Drive @ Ramon Roadb (Project Share of Traffic Increase=17.70%) - add a second northbound left-turn lane - add two southbound left turn lanesc 'Crossley Road @ Ramon Roadb (Project Share of Traffic Increase 14,00%) - add a northbound right-turn lane - add an eastbound through lane - add a westbound through lane 'Landau Blvd. @ Ramon Roadb(Project Share of Traffic Increase = 11.17%) - add a westbound through lane - add a second eastbound left-turn lane 'Cathedral Canyon Drive @ Ramon Roadb (Project Share of Traffic Increase = 11,43%) - add a second northbound left-turn lane - add a second eastbound left-turn lane - add an eastbound right-turn lane - add a second westbound left-turn lane Crossley Road @ Sunny Dunes Roadd (Project Share of Traffic Increase= 6.18%) - add a traffic signal Resolution No. 21433 Page 56 IG. TlON° EA » u 0 L GE add a northbound left-turn lane add a southbound left-turn lane add an eastbound left-turn lane 'Gene Autry Traila @ Mesquite Avenued (Project Share of Traffic Increase = 15.19%) - add a northbound through lane - add a northbound right-tum lane - add a westbound through lane 'San Luis Rey Drive @ Mesquite Avenued (Project Share of Traffic Increase = 8.57%) - add a traffic signal 'Crossley Road @ Mesquite Avenueb (Project Share of Traffic Increase= 7.80%) - add a northbound through lane - add a second southbound left-turn lane - add an eastbound right-turn lane - add a westbound right-turn lane a, One leg of this roadway is a CMP facility b. Both legs of this roadway are CMP facilities c. This improvement is needed in conjunction with site development and is not a CMP roadway or covered by TUMF fees. d. Intersection modifications proposed and required by the Indian Oasis Resort P.D.D. 71. The project shall be required Engineering Before to fully improve San Luis Rey Department Construction Drive by widening it 13-feet into Begins the City of Palm Springs along the west and shall fully repair and pave the affected street segment with a 68-foot wide travel way containing 4 lanes Resolution No. 21433 Page 57 k w a MIND ATEAF.m. M ITIGA 0_MEA I µ MONITbR (2 northbound and 2 southbound), a center turning lane, and a parking lane on the east side. 72. The existing traffic signal at Engineering Before the intersection of San Luis Rey Department Construction Drive and Ramon Road shall be Begins relocated and modified to include split-phasing in conjunction with the proposed development. The southbound approach on San Luis Rey Drive at Ramon Road shall be posted to prohibit U- Turns to permit a separate westbound right-turn movement to occur simultaneously with the southbound left-turn movement. A westbound right-turn green arrow shall be provided when the ® traffic signal is modified, to facilitate the westbound right-turn movement. In addition, the project proponent shall be required to contribute on a fair- share basis to the cost of north/south left-turn signal phasing at the intersection of Ramon Road and Crossley Road. 73. Access to the northern Engineering Before service driveway proposed on Department Construction San Luis Rey Drive shall be Begins restricted to left turn ingress and right turn egress, and an on-site traffic signage program shall be implemented notifying truck drivers entering this driveway that truck traffic is strictly prohibited on Mission Drive and San Luis Rey Drive (north of the site). Truck traffic shall be prohibited on Mission Drive (within Cathedral City) and on San Luis Rey Drive, north of the project site. Resolution No. 21433 Page 58 u 0 TO Joel 74. An entry monument/ Engineering Before nontraversable median shall be Department Construction designed and constructed on Begins San Luis Rey Drive immediately north of Access H (separating opposing traffic lanes) to restrict project-related heavy delivery vehicles by minimizing the travelway on each side of the median. Since large commercial vehicles have a minimum turning radius of 45 feet and offtracking, placing the nontraversable median immediately north of Access H will make it infeasible for heavy trucks to turn north from Access H onto San Luis Rey Drive, or turn right from the southbound lane on San Luis Rey Drive into Access H. The ' entry monument on San Luis Rey Drive will be designed to narrow the roadbed, but allow residents and emergency, utility, and other large vehicles access to the Dream Homes community. 75. An entry monument for the Engineering Before Dream Homes shall be designed Department Construction and constructed on Mission Drive Begins (east of San Joaquin Drive) to discourage undesirable cut- through traffic by narrowing the travelway, but maintain convenient access to the neighborhood for residents, visitors and emergency services. 76. The existing traffic signal at Engineering Before the intersection of San Luis Rey Department Construction Drive and Ramon Road shall be Begins relocated and modified to include split-phasing. The installation of dual southbound left-turn lanes and a shared southbound through/right-turn lane on San Luis Rey Drive at Ramon Road Resolution No. 21433 Page 59 DATE 01..t t , MING OF w, +T N� YM'�Eil.F�yYf Y ,t '.. .. T ITIG 1f1 EASURE tit H'. :.. MONITOR .. M L1AN "COMPLIANCE,' will be adequate to insure acceptable levels of service with year 2025+project traffic volumes. The curb on the east side of San Luis Rey Drive shall be posted for no parking within 50 feet of Ramon Road. 77. Access Option B or D Engineering Before Improvements (such as curbs, Department Construction gutters and sidewalks) shall be Begins made on Mission Drive, between Gene Autry Trail and the extension of San Joaquin Drive, to facilitate project access, as specified by the City of Palm Springs. 78. The access connection from Engineering Before Mission Drive (opposite San Department Construction Joaquin Drive) to the northwest Begins section of the project site shall be fully improved and constructed as a full-width 40-foot wide public street access with a standard knuckle intersection aligned with the northern service driveway on Gene Autry Trail that can accommodate the commercial vehicles used to make deliveries to the site. This connection shall provide clear direct access for truck traffic from Gene Autry Trail to Mission Drive and into/out of the rear service drive aisle on- site. The alignment shall meet City of Palm Springs require- ments and utilize the existing public right-of-way for the extension of San Joaquin Drive, south of Mission Drive. 79. The intersection of San Engineering Before Joaquin Drive and Mission Drive Department Construction shall be controlled by STOP Begins signs facing motorists on San Joaquin Drive. Resolution No. 21433 Page 60 . ��nDdT UFL,;,'... 'OM AN CEa 80.Access Option C or D Engineering Before In the event that Access Option Department Construction C or D is approved, the inter- Begins section of Gene Autry Trail and the main site access shall provide a single entry lane with a single right-turn only exit lane and be controlled by a STOP sign facing exiting vehicles. 81. Access Option D Engineering Before If a directional median opening is Department Construction permitted on Gene Autry Trail by Begins Caltrans at the main site access, it shall be designed and constructed in a manner that will comply with the provisions of the Caltrans Highway Design Manual and physically prevent vehicles from making left-turn movements across Gene Autry Trail out of this driveway. i