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HomeMy WebLinkAbout21535 - RESOLUTIONS - 3/15/2006 RESOLUTION NO. 21535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1025 FOR THE DEVELOPMENT AND OPERATION OF A RETAIL SHOPPING CENTER AND AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 307, FOR THE APPROXIMATELY EIGHT-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, SECTION 14, T4S, R4E, SBBM. WHEREAS, H & H Investments, LLC (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Municipal Code, for establishment and development of Planned Development District 307; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Planned Development District 307 and project architectural approval was given in accordance with applicable law; and WHEREAS, on January 25, 2006, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5.1025, consisting of Planned Development District 307 and project architectural design; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1025 was given in accordance with applicable law; and WHEREAS, on March 15, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 21535 Page 2 Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance ' with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Section 2: Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the RC Resort Commercial General Plan designation which governs the subject property as well as the properties adjacent to the west side of the subject site and to the south, across Tahquitz Canyon Way. The project site and the other properties on the corner of Tahquitz Canyon Way and Sunrise Way are also designated as NCC (Neighborhood Convenience Center). Objective 3.22 of the General Plan is to utilize the RC land use designation for , resort commercial activities while including commercial activities compatible with neighboring development and providing a broad range of commercial facilities. Policies 3.22.1 and 3.23.1 seek accommodation of a full diversity of commercial uses, including food and other sales that provide for day-to-day needs of nearby residents and visitors. The proposed project offers commercial development that suits that objective and policy by providing large and small retail spaces within a site that will have special landscape and hardscape features. The proposed project is also consistent with the Section 14 Specific Plan. Section 9.1.3 of the Specific Plan recognizes that Planned Districts allow departures from strict provisions of zone classifications while providing flexibility for compatible land uses. The proposed project conforms to most development standards provided by the Specific Plan, with the Planned Development District allowing flexibility to provide varying building heights and articulated silhouettes, flexibility to provide Gateway features rather than simple landscaping mass, and flexibility to provide a broader range of commercial uses. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is relatively flat, bounded on three sides by streets, and can ' accommodate the commercial uses envisioned by the General Plan and Section 14 Resolution No. 21535 Page 3 Specific Plan, and the proposed development. Access is available to three streets. The eight-acre site is large enough that the proposed building area, including that for both current and future buildings, covers 26 percent of the site, allowing parking _. that exceeds minimum requirements and hardscape amenities such as enhanced pedestrian access and an area gateway feature. Adjacent uses are separated from • the project site by parking areas and streets, and the project is designed to contain most internal traffic within the central part of the project site. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. A planned development district is necessary to accommodate the proposed type of commercial development incorporating varying building heights, hardscape and landscape features consistent with the Tahquitz Canyon Way corridor, and a full range of commercial uses. The development is not likely to be detrimental to adjacent property or residents because the proposed commercial uses are not substantively different than those already envisioned by the General Plan, Section 14 Specific Plan, or the Zoning Ordinance. The proposed development is focused primarily toward Tahquitz Canyon Way and Sunrise Way. The hotel development to the west is separated from the project site by a parking area serving the hotel. The office use to the north is across Andreas Road, and the multiple-family housing development to the north and northwest is across Andreas Road, is focused primarily to inner access courts, and has access to the neighborhood street grid along Andreas Road and Hermosa Drive. Section 3. Approve Case No. 5.1025 and Planned Development District 307, subject to the Conditions of Approval described on Exhibit A. ADOPTED, this 15th day of March, 2006. David H. Ready, it ager ATTEST: Jtrmes Thompson, City Clerk Resolution No. 21535 Page 4 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. 21535 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 March 15, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None es Thompson, City Clerk ity of Palm Springs, California 1 Resolution No. 21535 F'age 5 EXHIBIT A Case No. 5.1025 - PD-307 Tahquitz Plaza /Vons Retail Center Northwest Corner of Tahquitz Canyon Way and Sunrise Way CONDITIONS OF APPROVAL March 15, 2006 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 5.1025 PD-307. 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, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas Resolution No. 21535 Page 6 that extend onto private property, in a first class condition, free from waste and ' debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4, a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County, 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 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. 6. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. 7. 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. Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Resolution No. 21535 F'age 7 1 MM III-1 The maximum vehicle speed limit on unpaved surfaces of the project • site shall be 15 mph. MM 111-2 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through- traffic lanes. MM 111-3 Paving activities on-site shall not occur simultaneously with the peak construction activity on-site to ensure that daily emissions of NOx associated with off-road diesel construction equipment will not exceed the SCAQMD threshold of significance. MM V-1 If potential historic, archaeological, or paleontological resources are uncovered during excavation or construction activities at the project site, work in the affected area will cease immediately and a qualified person (meeting the Secretary of the Interior's standards (36CFR61)) shall be consulted by the applicant to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, prehistoric, or paleontological resource. Determinations and recommendations by the consultant shall be implemented as deemed appropriate by the City, in consultation with the State Historic Preservation Officer (SHPO) before any further work commences in the affected area. MM V-2 If human remains are discovered, work in the affected area shall cease immediately and the County Coroner shall be notified. If it is determined that the remains are potentially Native American, the California Native American Heritage Commission shall be notified and appropriate measures provided by State law shall be implemented. MM XI-1 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-2 Stationary equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-3 Stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors. MM XI-4 Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. Resolution No. 21535 Page 8 MM XI-5 All construction equipment shall be in proper working order and ' maintained in a proper state of tune to reduce backfires. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes. MM XV-1 To ensure compliance with City access and design standards, the final building and 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. MM XV-2 Clear unobstructed sight distance shall be provided at all unsignalized site driveways on master planned streets. MM XV-3 The project proponent shall coordinate with SunLine Transit Agency and the Agua Caliente Planning Building and Engineering Department regarding the need for public transit facilities on-site such as transit route maps and a shuttle/bus stop. MM XV-4 The project proponent shall be required to contribute to the cost of project related circulation improvements required as conditions of approval on Andreas Road on the north side of the project, at the intersection of Andreas Road and Sunrise Way, on Sunrise Way between Andreas Road and Tahquitz Canyon Way, at the intersection of Sunrise Way and Tahquitz Canyon Way, on Sunrise Way south of Tahquitz Canyon Way to accommodate improvements to that intersection, and on Tahquitz Canyon Way along the south side of the project, all as specified by the City Engineer for the purpose of mitigating impacts from the increase in traffic related to this project. 9. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Final Design 10. 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. All landscaping located within the public Resolution No. 21535 Page 9 right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 11. Final landscaping and irrigation plans shall include a Type 2 Gateway feature consistent with that shown as Figure 5-19 of the Section 14 Specific Plan to the satisfaction of the Agua Caliente Tribe, the Public Works Director, and the Director of Planning Services. 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall include curvilinear sections of wall, at least four feet in height, constructed of one or more materials contained by the adjacent buildings, substantially as shown on the approved site plan, to provide additional screening of the parking lot from the streets, to the satisfaction of the Director of Planning Services. 13. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 1.4. 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. Public Safety CFD 15. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index, escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each 1 parcel, permitting incorporation of the parcel in the district. Resolution No. 21535 Page 10 General Conditions/Code Requirements ' 16. 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. 17. 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. 18. 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. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. , 21 . All awnings shall be maintained and periodically cleaned. 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 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. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 25. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 26. The street address numbering/lettering shall not exceed eight inches in height. ' Resolution No. 21535 Page 11 27. Submit plans meeting City standards for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 310. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 31. 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. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 33. The applicant shall provide all tenants with Conditions of Approval of this project. 34. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. Resolution No. 21535 Page 12 38. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, ' buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 39. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 40. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 41. Shading requirements for parking lot areas shall be as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details shall be provided with final landscape plan. 42. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 43. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 44. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. **45. The applicant shall add three (3) planter isles on the north section, in front of the Market wall. Additional landscaping shall be provided on the additional planters. (Added by the City Council on March 15, 2006, at the public hearing) Engineering Division Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1 . Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ' Resolution No. 21535 Page 13 3. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal Trust land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are perpetual and shall have no term or duration; dedications of easements or rights-of- way restricted to a duration or term, or made in connection with an underlying Indian Land Lease, shall not be accepted. 4. Upon completion of required improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant shall prepare for the City Engineer's approval an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of Completion shall be provided to and approved by the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. TAHQUITZ CANYON WAY 5. Dedicate easements, as necessary, for sidewalk improvements along the entire frontage. 6. Remove any existing driveway approaches and construct new curb and gutter to match existing curb and gutter in accordance with City of Palm Springs Standard Drawing No. 200. 7. Remove the existing street improvements as necessary to construct two 30 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. The centerlines of the driveway approaches shall be located approximately 25 feet and 285 feet from the west property line, as shown on the approved site plan. Access shall be limited to right-turn ingress and egress only. 8. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the two driveway approaches 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 each of the driveways, 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. Resolution No. 21535 Page 14 9. The nrgpesed nee nre*Kj &[dewaI is not approved. The existing sidewalk .bong Master Development Plan SpeGifis Plan (dated April 2004) Construct an 8 feet wide meandering sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. An easement for sidewalk purposes shall be dedicated for those portions of the meandering sidewalk encroaching onto private property. Other improvements, including large boulders with inscriptions describing Indian and Section 14 history shall be provided, in consultation with Tribal staff and as approved by the Director of Planning. The applicant shall furnish and install artwork relating to Indian culture along the frontage, unless otherwise deferred by the Director of Planning. 10. In accordance with the Section 14 Final Master Development Plan Specific Plan (dated April 2004), the applicant shall plant Washingtonia fififera palm trees along the Tahquitz Canyon Way frontage, at 60 feet spacing, and two canopy shade trees between each new palm tree at 30 feet spacing, and a 3 feet "ig~ ge of tit. the Safb, as approved by the Director of Planning. The palm trees shall be uplighted, consistent with existing palm tree lighting along the Tahquitz Canyon Way corridor. The applicant shall be responsible for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage. 11. Design and install an electrical system for installation of Tahquitz Canyon Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be connected to the existing lighting system adjacent to the Extended Stay America hotel property, and shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as required by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. 12. The applicant shall furnish and install a sculpture in the median on Tahquitz Canyon Way near Sunrise Way,- or within the southeast corner of the property designated for the `Type II Gateway" area, similar in scale to the "Kiawa" worman at the intersection of Tahquitz Canyon Way and Indian Canyon Drive, unless otherwise deferred by the Director of Planning. The sculpture, if required, shall be subject to the review and approval of the Tribe and the City. 13. Modify the existing median to move the existing end of the median as necessary to ' facilitate the intersection widening improvements, and to extend the eastbound, left Resolution No. 21535 Page 15 turn pocket at Sunrise Way to provide a 300 feet long left-turn bay, unless otherwise required by the City Engineer. 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, including transplanting existing palm trees or installing new palm trees to replace existing palm trees within the median, to the satisfaction of the Director of Planning and City Engineer. 14. New or transplanted palm trees within the Tahquitz Canyon Way median shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any palm trees that fail during the 90-day landscape maintenance period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. • 15. All broken or off grade street improvements shall be repaired or replaced. SUNRISE WAY 16. Dedicate easements, as necessary, for sidewalk improvements along the entire frontage. 17. Remove the existing curb and gutter along the entire frontage as necessary to construct a new 8 inch curb and gutter, transitioning from 38 feet from centerline at Andreas Road to 42 feet from centerline at the north side of the Sunrise Way driveway entrance, or as may be required by the City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. 18. Construct 8 inch curb and gutter 42 feet from centerline from the south side of the Sunrise Way driveway entrance to Tahquitz_ Canyon Way, or as may be required by the City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. 19. Remove the existing curb returns and spandrels, and construct new 35 feet radius curb returns with no spandrels at the northwest and southwest Gemers of the Sunrise Way and Tahquitz Canyon Way intersection, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 20. Remove and replace any existing drainage inlets at the northwest aad—southwest corners of the Sunrise Way and Tahquitz Canyon Way intersection to the satisfaction of the City Engineer, including extension and connection to existing nuisance drainage systems. This requirement shall be waived in the event Storm Drain Line 8 improvements are constructed at the intersection. 21. Construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall Resolution No. 21535 Page 16 be located approximately 370 feet north of the centerline of Tahquitz Canyon Way, as shown on the approved site plan. Access shall be limited to right-turn ingress and egress only. 22. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approach 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. 23. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Sunrise Way and Andreas Road, and at the northwest and southwest corners of the intersection of Sunrise Way and Tahquitz Canyon Way, in accordance with City of Palm Springs Standard Drawing No. 212. 24. The preposed . anderin sidewalk is nn# apPFG Construct a minimum 8 5 feet wide meandering sidewalk along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.separated by a 4 feet wide Ia Rd SGaped ' N .#+rkway hnh'n the n rh -Inn- # c�hn nn#ir frnnM ..n in n..r.l.+nne ,with the o�r,�. 14 Final Master Q....L,nw,.�..I Plan Sla_ 'n IJL.nlan (dated AprH20044 An easement for sidewalk purposes shall be dedicated for those portions of the meandering sidewalk encroaching onto private property. 25, In accordance with the Section 14 Final Master Development Plan Specific Plan (dated April 2004), the applicant shall plant Washingtonia robusta palm trees with a trunk height of 38 to 42 feet along the Sunrise Way frontage, at 60 feet spacing, and two canopy shade trees between each new palm tree at 30 feet spacing, and a 3 feet high evergreen hedge at the G61Fb, as approved by the Director of Planning. The palm trees shall be uplighted, consistent with existing palm tree lighting along the Tahquitz Canyon Way corridor. The applicant shall be responsible for the perpetual maintenance of the new palm trees and other parkway landscaping along the Sunrise Way frontage. 26. Design and install an electrical system for installation of Sunrise Way decorative light fixtures (26 feet to 30 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be connected to the new lighting system to be installed along Tahquitz Canyon Way, as required by the City Engineer. The lighting system shall be ' installed and operational, and accepted for operation and maintenance by the City, Resolution No. 21535 F'age 17 prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. 27. Construct a 14 feet wide landscaped median island along the entire Sunrise Way frontage from Tahquitz Canyon Way to Andreas Road. Provide two, 175 feet long southbound, 11 feet wide, dual left-turn lane pockets at Tahquitz Canyon Way, and a 100 feet long northbound left-turn pocket at Andreas Road, with 90 feet long bay tapers. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 28. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 29. All median landscaping shall be shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. 30. The applicant shall be responsible for 100% of the cost to widen the Sunrise Way and Tahquitz Canyon Way intersection; however, any costs associated with the street improvements along the frontage of the property identified by Assessor's Parcel No. 508-100-039, including necessary right-of-way acquisition costs, may be reimbursed to the applicant subject to the terms of a reimbursement agreement. 31. All broken or off grade street improvements shall be repaired or replaced. A,NDREAS ROAD 32. Dedicate an additional right-of-way of 2 feet to provide the ultimate right-of-way width of 60 feet for Andreas Road along the frontage of the subject property identified as Government Lot 163, Assessor's Parcel No. 508-070-042, together with a property line corner cut-back at the northeast corner of the subject property, in accordance with City of Palm Springs Standard Drawing No. 105. 33. The applicant shall apply for a right-of-way vacation of the southerly 20 feet of the existing 40 feet of right-of-way along the frontage of the subject property identified as Government Lot 162, Assessor's Parcel No. 507-080-035, to provide the ultimate right-of-way width of 60 feet for Andreas Road along the frontage of the subject property, unless otherwise vacated pursuant to Government Code 66445 (j ). Resolution No. 21535 Page 18 34. Remove the existing curb return, spandrel, and cross gutter at Sunrise Way, and ' construct a 6 inch curb and gutter 8 feet south of centerline (40 feet south of the existing face of curb on the north side of Andreas Road) along the entire frontage, with a 35 feet radius curb return and spandrel at the southwest corner of the intersection of Andreas Road and Sunrise Way, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 35. Reconstruct the existing cross gutter to match new improvements at the southwest corner of the intersection of Andreas Road and Sunrise Way, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 36. Remove the existing curb, gutter and sidewalk located along Andreas Road west of the subject property, adjacent to the Extended Stay America hotel property, as necessary to construct a new curb and gutter, and sidewalk, transitioning from 32 feet south of centerline to 8 feet south of centerline at the west property line, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200 and 210. 37. Construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 25 feet from the west property line, as shown on the ' approved site plan. 38. Construct a 40 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 295 feet from the west property line, as shown on the approved site plan. 39. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches 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. 40. The pr-opesed mean eF Ag sidewalk Ret apprG ed. Construct a minimum 5 feet wide meandering sidewalk along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.sepaFated by a 5 feet wide land ed 14 Final Master Deyel„. . ent ol. ^ cramGi.f DI. /d.`. .,A n r4 onn An easement for sidewalk purposes shall be dedicated for those portions of the meandering sidewalk encroaching onto private property Resolution No. 21535 Page 19 41. In accordance with the Section 14 Final Master Development Plan Specific Plan (dated April 2004), the applicant shall plant shade trees along the Andreas Road frontage within the landscaped parkway between the curb and sidewalk, and shall plant vertical trees and planting to screen the commercial development behind the right-of-way as approved by the Director of Planning. 42. Construct pavement with 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 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 43. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 44, 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. GRADING 45. 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. a. 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 that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Resolution No. 21535 Page 20 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. b. 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. 46. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 47. 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. 48. 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. 49. 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. 50. 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 51. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater Resolution No. 21535 Page 21 runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Tahquitz Plaza, prepared by A/E Sanborn, Inc., dated September 7, 2005. Final retention basin sizing, underground retention pipe sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in a final Hydrology Study for the project reviewed and approved by the City Engineer. 52. The applicant shall install a drywell, or series of drywells, within each surface retention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the owner(s), including the right of the City to inspect and require the owner(s) to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the owner(s) is non-responsive to the City's written notice, with costs to be recovered against the owner(s) by the City in accordance with state and local laws and regulations. 53. The proposed underground retention systems shall be installed on-site and not within the public right-of-way. The underground stormwater retention systems and the surface retention basins shall be sized to have sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention systems shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the owner(s) of the development, including reference to the fact that maintenance and/or replacement of the systems may require removal of existing parking lot improvements, including landscaping and lighting improvements within the parking lot, at the sole expense of the owner(s) of the development. CC&R's shall reserve the right of the City to inspect and ensure that the underground retention systems are operable, and in the event of their failure, shall provide the City the right to advise the owner(s) and require their repair or replacement to the satisfaction of the City Engineer. 54. The applicant is advised that the proposal for the underground retention systems within paved parking lot areas with landscape planters, may preclude the ability to install appropriate landscaping as may be required by the Planning Department. The underground retention systems shall be designed at a sufficient depth to allow Resolution No. 21535 Page 22 typical landscape planting, including trees, and in a manner that does not interfere ' with the ability of the system to receive runoff in the future. 55. All on-site storm drain systems shall be privately maintained by the owner(s) of the development. Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 56. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 57. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of the project into the proposed on-site underground retention system, as described in a final Hydrology Study reviewed and approved by the City Engineer. 58. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations ' imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). 59. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of building permits. 60. The applicant is advised that the City has budgeted the design and construction of Storm Drain Line 8, from the Baristo Channel to Tahquitz Canyon Way, in the 2005/2006 fiscal year. The City makes no guarantee as to the timing of construction of Storm Drain Line 8, nor the ability to construct the entire segment of Storm Drain Line 8 with the funds budgeted for the project. The applicant may choose to partner with the City and participate in funding the construction of Storm Drain Line 8, including its extension to Andreas Road, to allow for the use of Storm Drain Line 8 for stormwater runoff purposes. In this case, on-site retention of the increased stormwater runoff from the property would not be required. If the , applicant proposes to partner with the City in the Storm Drain Line 8 project, the applicant shall be required to enter into an Agreement with the City stipulating its Resolution No. 21535 F'age 23 agreement to fund the additional cost to design the extension of Storm Drain Line 8 along the frontage of the subject property to Andreas Road, and to provide additional funding to the City for its construction extending, at a minimum, to the entrance driveway on Andreas Road, as may be necessary upon construction bidding of the project. In the event costs exceed City budgeted funds for the Storm Drain Line 8 project, the applicant would be required to fund the cost shortage, with credit being applied by the City against the applicant's required drainage acreage fee, pursuant to terms as specified in the Agreement entered into between the applicant and the City. ON-SITE 61. 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 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. GENERAL 62. 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. 63. All proposed utility lines shall be installed underground. 64. 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. The existing overhead utilities across the Resolution No. 21535 Page 24 property shall be installed underground. Existing overhead utilities shall be installed ' underground from the nearest offsite power pole, extending from the north side of Andreas Road to the south side of Tahquitz Canyon Way. A detailed plan approved by the owners 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 a grading plan. Undergrounding of applicable overhead utility lines shall be completed prior to issuance of a Certificate of Occupancy. 65. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 66. 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. 67. 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. ' 68. 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. 69. 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 70. In accordance with Government Code 66426 (c), an application for a Tentative Parcel Map shall be submitted to the Planning Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of commercial parcels within the proposed development. 71. In the absence of an approved and recorded Parcel Map, the existing parcels identified as Government Lot 162, Assessor's Parcel No. 507-080-035, and as Government Lot 163, Assessor's Parcel No. 508-070-042, shall be merged. An application for a parcel merger shall be submitted to the Engineering Division for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The ' application shall be submitted to the City Engineer for review and approval prior to Resolution No. 21535 Page 25 issuance of building permit, and shall be recorded prior to issuance of a Certificate of Occupancy. 72. Relocation or abandonment of record easements across the property shall be performed prior to issuance of a building permit for the building identified as "Shops 'B"' on the approved site plan encumbered by the record easements. The easement, identified as an easement in use by Southern California Edison located approximately 15 feet from the west property line of Government Lot 163, Assessor's Parcel No. 508-070-042, shall be extinguished, quit-claimed, relocated or abandoned to facilitate construction of the building identified as "Shops 'B"'. Without evidence of such, the building identified as "Shops 'B"' encumbered by existing record easements is rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected building. 73. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of a Parcel Map, or in the absence of a Parcel Map, shall be submitted and approved by the City Engineer prior to issuance of a Certificate of Occupancy. TRAFFIC 74. Relocate and modify the existing traffic signal at the intersection of Tahquitz Canyon Way and Sunrise Way as required by the City Engineer, in conjunction with the associated widening of the intersection. a#—��he traffic signal shall be split-phased in the north-south direction,, based U ^^^ a review by the Gity Fngineer of the n metr'^ of the 'n#nmor}'^ nd .+ determination that north splith 1pft-tllrn m^ ..tea"ict=er and the traffic signal shall operate with "lead-lag" left-turn phasing in the north-south direction if acceptable to as reviewed and approved by the City Engineer. The applicant shall submit traffic signal modification 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 ^nnl'o"n} shall be r s.pengible for 1001 of the Gast of the }raft'^ that &u-bj,e^# to the term of a reimbursement irsement agFeernpnt 75. Install a traffic signal at the intersection of Sunrise Way and Andreas Road. The applicant shall submit traffic signal installation plans prepared by a California registered civil engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be split-phased in the east-west direction, shall operate with "lead-lag" left-turn phasing in the north-south direction, and shall be linked to the existing Sunrise Way traffic signal interconnect system. The traffic Resolution No. 21535 Page 26 signal shall be installed and operational prior to issuance of a Certificate of ' Occupancy, unless otherwise allowed by the City Engineer. 76. Sunrise Way shall be re-striped to provide twe, one 11 feet wide southbound left- turn lanes, one 11 feet wide southbound shared through/left-turn lane, an 11 feet wide southbound through lane, and an 11 feet wide southbound dedicated shared thfeugWright-turn lane, or as otherwise required by the City Engineer. Traffic striping transition to match existing striping shall be installed north and south of Tahquitz Canyon Way, as necessary. Submit traffic striping and signage plans prepared by a California registered civil engineer to the City Engineer for review and approval. Required traffic striping and signage improvements shall be completed prior to issuance of a Certificate of Occupancy. 77. 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 sidewalk along the Tahquitz Canyon Way, Sunrise Way, and Andreas Road frontages of the subject property. 78. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced ' as required by the City Engineer prior to issuance of a Certificate of Occupancy. 79. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the site driveways, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 80. 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. 81. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department ' 1. Prior to any construction on-site, all appropriate permits must be secured. Resolution No. 21535 Page 27 Fire 1. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Access 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 in either side of the roadway. b. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. C. Roads must be 40 feet wide when parking is not restricted. 2. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 4. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 5. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 6. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be in accordance with NFPA 72, 760, NEC. 7. System Acceptance Test: Upon completion of the installation of the Fire Alarm System, a satisfactory test of the entire system shall be made. The test shall be witnessed by the fire inspector. 8. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 Resolution No. 21535 Page 28 9. 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 an 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. 902 CFC) 10. 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 GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 11. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 12. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. ' 13. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 14. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 15. Construction site Security and Protection: a. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) b. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) , Resolution No. 21535 Page 29 16. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 17. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 18. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page.