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HomeMy WebLinkAbout7/18/2007 - STAFF REPORTS - 1.F. °�QpLM SAP N n ' C °*•exex°' V, z FL CITY COUNCIL STAFF REPORT z m DATE: July 18, 2007 PUBLIC HEARING O SUBJECT: CASE NO. 5.0842-PD-77A — CHRISTOPHER MILLS ARCHITECT REQUESTING APPROVAL TO AMEND PLANNED DEVELOPMENT DISTRICT 77 FOR APPROXIMATELY 8,380 SQUARE FEET ADDITION TO THE EXISTING RETAIL CENTER AND REMODEL OF EXISTING m PARKING LOT LOCATED AT 611 SOUTH PALM CANYON DRIVE. C FROM: David H. Ready, City Manager M BY: Department of Planning Services r 0 SUMMARY M Z The City Council will consider a proposal for a Planned Development Amendment to construct an approximately 8,380 square foot addition to an existing mixed-use retail m center and to remodel the associated off-street parking. z RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE O CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO 5.0842 - PD- — 77, SUBJECT TO THE CONDITIONS OF APPROVAL, TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 77, INCLUDING A 8,380 SQUARE FOOT ADDITION TO THE EXISTING RETAIL CENTER AND THE REMODEL OF AN EXISTING PARKING LOT LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE PD-77 (C-1), SECTION 22." _ PRIOR ACTIONS n On March 25, 2005, the Architectural Advisory Committee (AAC) recommended approval as submitted of the proposed project. ITEM 'mQ. i City Council Staff Report July 18, 2007— Page 2 of 3 Sun Center Retail Center On July 13, 2005, the Planning Commission reviewed the proposed project and „v recommended approval to the City Council with a revision to Engineering Condition of Approval No. 4_ r There is no record that this amendment was approved by the City Council since July of a 2005. In order to expeditiously process the amendment and allow the applicant to Z continue with the plan check process, staff has scheduled the project for City Council Z review at this time. m ANALYSIS 0 The existing site area of the Planned Development District is approximately 4.72 acres and the new site area of the Planned Development District will be approximately 4.99 acres. The proposed amendment is allowing the development of the vacant lot directly east of the existing Planned Development and a remodel of the existing parking lot. 0 m The existing site layout contains two main buildings with an alley between and parking C on the outer portions facing the street. The building on the eastern half of the site is L- shaped and has approximately 142 existing parking stalls. Pursuant to Section m 93.06.00(D)(31) of the Palm Springs Zoning Code (PSZC), the proposed addition of r 8,380 will require the addition of twenty-eight parking stalls. The applicant has provided 170 parking stalls for the eastern parking lot. However, the parking lot will not meet the 0 design standards as required by the PSZC. Pursuant to Section 93.06.00(E)(5) of the .� PSZC, "peripheral planting areas are required every ten (10) spaces. The planters shall have a minimum exterior width of nine (9) feet and provide at least six (6) foot minimum planting width." In order to fulfill this requirement, the parking lot will lose eleven parking stalls or approximately 6.4% of the 170 required. Staff believes that the shade trees are M important to customer comfort and convenience as well as reducing surface heat Z generation in the parking lot. Consequently, staff has included a Condition of Approval in the Resolution requiring that the applicant conform to this requirement of the PSZC. The proposed architecture is a modern design with various architectural elements to compliment the existing building elevation. The color palette is made up of a combination of five desert tones. The proposed landscaping contains desert plants and 0 trees that will enhance the peripheral and existing parking areas. A more detailed analysis can be seen in the attached Planning Commission Staff Cn Report dated April 11, 2007. --1 X 0 --I 090002 City Council Staff Report July 18, 2007--Page 3 of 3 Sun Center Retail Center FISCAL IMPACT: No fiscal impact. a Eying, Alp Thomas Wilson, .6dsistant City Manager Z Diredwr6f Planning ervices rlI v David H. Ready, City as D m Attachments: 1. Vicinity Map C 2. Planning Commission Staff Report M 3. Planning Commission minutes 4. Draft Resolution and Conditions of Approval r 5. Reduced Site Plan and Elevations Q -13 m z 0 U) n COR003 N Department of Planning Services W+E Vicinity Map S upOnH`� Q RAMON RD F__:�3 E__ O z U Q 4 ¢ U W W � J W J J JIrI� l CAMINO PAROCELA _ a x -a U J m SUNNY DUNES R❑ � c i x cn n sire 500'R ad ius CITY OF PALM SPRINGS CASE NO.: 5.0842 PD-77 DESCRIPTION: An application by Maurice Planned Development Amendment Refoua to amend PD-77 to add 8,380 square feet to an existing retail center and remodel APPLICANT: Maurice Refoua the parking area, located at 611 South Palm Canyon Drive, Zone PD77 (C-1), Section 22, APN 513290005. 0000E 1 of 12 Application Complete: 5/11/05 Case 5.0842 PD-77 Amendment Staff Planner: Matthew Feske Staff Engineer, Carol Templeton DATE: JULY 13, 2005 TO- PLANNING COMMISSION nn FROM: DIRECTOR OF PLANNING SERVICES �l CASE NO. 5,0842-PD-77—AN APPLICATION BY CHRISTOPHER MILLS ARCHITECTURE FOR MAURICE REFOUA TO AMEND THE EXISTING PLANNED DEVELOPMENT DISTRICT(PD-77) FOR AN ADDITION TO EXISTING RETAIL CENTER OF APPROXIMATELY 8,785 SQUARE FEET AND THE REMODEL OF EXISTING PARKING LOT, LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE PD-77 (C-1), SECTION 22. RECOMMENDATION That the Planning Commission approve the request to amend the existing Planned Development District(PD-77)for an addition to existing retail center of approximately 6,785 square feet and the remodel of existing parking lot, located at 611 South Palm Canyon Drive,Zone PD-77(C-1), Section 22 BACKGROUND An application has been submitted to amend the existing Planned Development District(PD-77)for an addition to existing retail center of approximately 8,785 square feet and the remodel of existing parking lot, located at 611 South Palm canyon Drive, the property is zoned PD-77 (C-1). The project site is the existing Sun Center Retail Center. The purpose is to modernize and revitalize the retail center to attract new retailers and customers. The subject property is approximately 4.86 acres. The existing retail center is not to be changed or remodeled.The proposal to amend PD-77 consists of a new retail addition and remodel of existing parking lot. The proposed addition is compatible with the existing shopping center design. Architectural Advisory Committee recommended approval of the project on March 25, 2005. Design Review Committee recommended approval of the project on October 20, 2003. Conditions of approval are the following: the rear service door on the addition to be removed, so that ingress/egress from the food service business located around and near new addition; copper material not to be penetrated; and parking lot circulation and landscape improved to allow for multi- directional exit and more shading for parking lot. ANALYSIS The General Plan designation is Resort Commercial, which provides for a broad range of conveniences including retail. The proposed project is to expand the existing retail center forfuture retail uses, therefore the proposed project is consistent with the Access to the Sun Center Retail Center parking lot consists of an existing signalized entry on South Palm Canyon Drive. There will be a new entry onto South Palm Canyon for the new parking lot, abutting the southern edge of the retail center. The new addition to the retail center, new parking area and remodel of existing parking lot will have minimal impacts to traffic and circulation. 000005 2 of 12 Application Complete: 5111/05 Case 5.0842 Pt7-77 Amendment Staff Planner: Matthew Feske Staff Engineer: Carol Templeton The Planned Development District expansion for the retail center includes designs such as a water fountain, entry features, vegetation planters and other landscaping techniques that will enhance the retail and parking lot design. The western edge of the parking lot, abutting South Palm Canyon Drive, will be further enhanced, coinciding with the removal of existing plant material, from the existing parking lot, to be replaced with improved plant materials. Parking lot will comply with the required 50% parking lot shading. The proposal will be compatible with surrounding land uses because the property is an existing commercial property. Additionally, the retail center already exists and is similar to what was approved in the master plan for the site and therefore, will be consistent with planned land uses in the area. The proposed rear service door shall not be used as an entrance and/or exit for nightclubs and/or eating establishments. Surrounding General Plan Designations, Zoning, and Land Uses General Plan Zoning Land Uses North CUD PD-82 Retail -The Wherehouse South RC C-2 I.L., C-2, R-2 Vacant, Commercial - Desert Hand Car Wash East RC C-2 Vacant, Commercial—Jack In The Box, Starbucks, Hotel West M15 R 3 Vacant ENVIRONMENTAL ASSESSMENT AND NOTIFICATION This project is categorically exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitation) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act(CEQA),whereas the proposed retail and parking lot expansion meet the conditions outlined: 1)minor alterations in land use limitations which do not result in any change in land use or density; 2)in-fill development which is consistent with the General Plan designation; 3) proposed development occurs within City limits on a project site no more than 5 acres; 4)would not result in significant traffic, noise, water and air quality; 5)the site is served by all required utilities. All property owners within four hundred (400)feet of the subject site have been notified_ As of the writing of this report, staff has received general inquiries from property owners regarding the nature and scope of the addition to existing retail center, expansion of the parking lot and remodel of existing parking lot. ATTACHMENTS 1. Vicinity Map 2. Resolutions �QO�Bs City of Palm Springs Planning Commission Minutes of July 13, 2005 Bob Rosenhall, Palm Springs, owns property near this project, requeste e importance of reviewing this project. Randall Erickson, Palm Springs, lives behind the Spanish Inn, spoke ' favor of the project. Neget Kohen, applicant, gave additional information. Graham Young, Palm Springs, voiced his concerns a ut mixed use of a hotel and condominiums. Catherine McMillan, Palm Springs, lives behind pro' voiced concerns regarding mixed use and requested to keep it as a hotel. Joe Luisi, Palm Springs, historic preservation for the project, spoke in support of the project and stated their plan to restore the tile an� ve additional information. Skip Goodell, architect for the project, ressed his willingness to accommodate the neighbors and drafted a computer view analyst f the project. Tony Gonzales, Amir Engineer g, thanked staff for being very helpful and expressed willingness to help project mov forward. There being no further c ments, the Public Hearing was closed. Commissioner Roa objected to the widening of the street at Indian Canyon. MIS/C (Sho erger/Hutcheson, 6 0) to approve, subject to conditions of approval; including revision o the timeline schedule indicating more details and approval by the Planning Depart nt for scheduled deadlines, at the discretion of the Planning Director. 7. Case 5.0842 PD 77 - An application by Christopher Mills Architecture, for Maurice Refoua, for an amendment to the Planned Development District 77 for an 8,785 sq. ft, addition to an existing retail center, expansion of the parking lot and the remodel of existing parking lot located at 611 South Palm Canyon Drive, Zone PD-77 (C-1), Section 22, APN 513-290-005. Associate Planner, Matthew Feske, gave details of the project at the exhibits. Chairwoman Marantz opened the Public Hearing. Chris Mills, architect for the project, gave additional information to the Planning Commission. He indicated that it does not meet the 50% minimum shading requirement, because parking spaces would be lost. There being no further comments, the Public Hearing was closed. Matthew Feske requested revised engineering condition #4 to be included. M/S/C (Roath/Hutcheson, 6-0) to approve, subject to Conditions of Approval, and revised engineering condition #4 to be incorporated. 8. Case TTM 33035 — An application b ntain Meadows Associates for a Tentative Tract Map to create a one lot, co mium map for the conversion of the 129 existing apartment units to 12, condo ' ' m units located at 2500 East Palm Canyon Drive, Zone R-3, Section 24, APN 502-31 4 and 502-310-055, 4 000007 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO 5.0842 - PD-77, SUBJECT TO THE CONDITIONS OF APPROVAL, TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 77, INCLUDING A 8,380 SQUARE FOOT ADDITION TO THE EXISTING RETAIL CENTER AND THE REMODEL OF AN EXISTING PARKING LOT LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE PD-77 (C-1), SECTION 22. WHEREAS, Maurice Refoua (the "Applicant") has filed an application for Case No. 5.0842 - PD-77 for an amendment to Planned Development District No. 77, including a 8,380 square foot addition to existing retail center and the remodel of existing parking lot, located at 611 South Palm Canyon Drive, Zone PD-77 (C-1), Section 22; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0842 - PD-77, was given in accordance with applicable law; and WHEREAS, on July 13, 2005, the Planning Commission reviewed and recommended approval of the proposed project to the City Council; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Case No. 5.0842 - PD-77, was given 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, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Case No. 5.0842 - PD-77 is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the proposed retail and parking lot expansion meet the conditions outlined for in-fill development which is consistent with the General Plan designation Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed amended Planned Development District No. 77 will facilitate the 000008 Resolution No. Page 2 a_ The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed amended Planned Development District No. 77 will facilitate the revitalization and modernization of the existing retail center. The Planned Development amendment is the appropriate land use review for this development. b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed addition to existing retail center, updating of project landscaping and remodel of existing parking lot is consistent with the General Plan, zoning designations, and land use designations. The subject property is intended for retail use. c. 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 applicant is proposing the addition of 8,380 square foot of retail space and remodel of the existing parking lot with provisions for adequate parking, located at 611 South Palm Canyon Drive. The proposed addition of retail space and parking will not exceed the limits of the proposed site. d. 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. This portion of Palm Canyon Drive is designated as a Major Thoroughfare in the General Plan. Access to the property will be from an existing entrance on South Palm Canyon Drive and Belardo Road. There will be no impacts to traffic and circulation. The project will eliminate a point of uncontrolled access onto this Major Thoroughfare. e. 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. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm 80000S Resolution No, Page 3 Springs Fugitive Dust Control Ordinance, NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Case No. 5.0842-PD-77, an amendmentto the Planned Development District No. 77, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 18th day of July, 2007, David H. Ready, City Manager ATTEST: James Thompson, City Clerk 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. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 4 EXHIBIT A Case No. 5.0842 - PD-77 611 South Palm Canyon Drive July 13, 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, 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. 1. The applicant shall reconfigure the east parking lot to contain nine foot wide peripheral planting areas containing six foot wide planting areas and shall be no less than every ten parking stalls. 2. 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. 3. 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 5.0842 - PD-77. 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 matterfollowing an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein 4. That the property owner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking 00001i Resolution No. Page 5 areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. Final landscaping, irrigation, exterior lighting, and fencing plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to initiation of site landscaping. 6. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the initiation of site landscaping. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter8.50 of the Municipal Code for specific requirements. 8. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 9. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 10.Separate architectural approval and permits shall be required for all signs. 11.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by Department of Planning Services prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval priorto issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 12.Pursuant to section 93.06.00 of the Zoning Ordinance, the project shall complywith the off street parking requirements. This includes, but is not limited to parking lot shading and disabled parking requirements. 13.Compliance with ADA requirements. Stairs leading to pedestrian sidewalk on Palm 000012 Resolution No. Page 6 Canyon will require handrails and color contrast on the stairs. A handicapped accessible route from the sidewalk on Palm Canyon. Van accessible disabled parking space with proper signage. BUILDING DEPARTMENT 14.Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING STREETS 15.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. SOUTH PALM CANYON DRIVE 16.Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. 17.Remove and close off the existing driveway(s) located adjacent to the subject property and construct new curb, gutter, and sidewalk to match existing improvements in accordance with applicable City standards. 18.Remove the existing driveway approach located adjacent to the existing commercial parking lot and reconstruct a 26 feet wide driveway approach, as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No, 205. The access shall be provided with appropriate traffic striping and signage to allow for access into and out of the parking lot, as required by the City Engineer. 19.Construct Type C curb ramps at each side of the proposed driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. SANITARY SEWER 20.All proposed sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. GRADING 21.Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan.The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. 69961e3 Resolution No. Page 7 Minimum submittal includes the following: A. Copy of signed Conditions of Approval from Planning Department. B. Copy of Site Plan stamped approved and signed by the Planning Department- C. Copy of current Title Report D. Copy of Soils Report 22.Drainage swales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 23.A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan forthe proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 24.Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 25.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 Grading Plan.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 26.All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. ON-SITE 27.The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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 Resolution No. Page 8 Engineer for approval. GENERAL 28.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. 29.All proposed utility lines shall be installed underground. 30.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. 31.The original improvement plans prepared forthe proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division priorto 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. 32.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 bythe utilities. The existing power pole located along the south property line meets the requirement to be installed underground. This may require off-site undergrounding of existing overhead power lines. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 33.Nothing shall be constructed or planted in the public right-of-way which does or will 090015 Resolution No, Page 9 exceed the height required to maintain an appropriate sight distance per City of Palm Springs zoning Code Section 93.02.00, D_ 34.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 35.An existing property line is located within the proposed building.The existing parcels shall be merged to eliminate the property line, or shall be otherwise relocated from the proposed building. An application for a lot line adjustment shall be submitted to the Engineering Division for review and approval. 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 prior to issuance of a building permit. TRAFFIC 36.A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible forthe relocation of all existing conduit, pull boxes and all appurtenances located on the South Palm Canyon Drive frontage of the subject property. 37.All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 38.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. 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PiLIILDI PiG T PA RI, 1iIG LO -1 R i_ (_ C7 !4 F I G U R A T ; +J IY P n ICI;" HILL/ -"d„H _f,3 0 0 a CIO NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0842-PD-77 PLANNED DEVELOPMENT AMENDMENT SUN CENTER RETAIL CENTER 611 South Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 18, 2007- The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs- The purpose of this hearing is to consider an application by Maurice Refoua for an amendment to Planned Development 77 to add to an existing retail center and remodel the parking area at 611 South Palm Canyon Drive, Zone PD77 (C-1), Section 22. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the proposed project meets the conditions outlined for in-fill development projects- REVIEW OF PROJECT INFORMATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard- Questions regarding this case may be directed to David Newell at (760) 323-8245. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. es Thompson, City Clerk ity Clerk �o®OZf� N Department of Planning Services vv+E -�� Vicinity Map S d31Pn�~^ L l J_ X RAMON R❑ F A O tQj 4 J Q Q Z W Z J W W J U � Q xF U CAMINO PAROCELA _ Q i U W 2 w ¢-P m SUNNY DUNES RE) C � N � � L Legend Po -� ® SIT[- 0400 Radius CITY OF PALM SPRINGS CASE NO.: 5.0842-PD-77 DESCRIPTION: An application by Maurice Refoua Planned Development Amendment to amend PD-77 to add to an existing retail center and remodel parking area at 611 South Palm PPLICANT: Maurice Refoua Canyon Drive, Zone PD77 (C-1), Section 22. APN: 513-290-005. 000021 OF PALM S \` A yl � e ' Palm Office of chc City Clerk " orspno 3200 E T.thquaz Canyon Way • Polm Sprints, C011FOM11 92262 Cg4IFgR4\p' Trh (760) 323-s209 ` Pax' (760) 322-533? • \V/ h www)rthnsprings-1 LA oV July 6, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting —July 18, 2007 Sun Center Retail Center 611 South Palm Canyon Drive The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on July 18, 2007. Enclosed are nine copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, and with the mailing labels identifying each parcel of land. Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, �" Kathie Hart, CIVIC Chief Deputy City Clerk lkdh PHN le BIA-Sun Center 07-18-07 doc Encl: Public Hearing Notice (9 copies) Mailing Labels (attached to Notice) Yost Officc Box 2743 9 Palm Springs, California 92263-2743 aQ�Z F ?ALPo( s Wcp�'0 city ®f Palm Springs A Office of the City Clerk 3200 H.Tahgwn.Gmyon Way ' Palm Springs,California 92262 Cq1/F0?VO' )el: (760) 323-8204 o roc: (760) 322-8322 • Web: www.palmspimgs-ca.gov AFFIDAVIT OF MAILING NOTICES 1, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Maurice Refoua for an amendment to Planned Development 77 to add to an existing retail center and remodel the parking area at 611 South Palm Canyon Drive, was mailed to each and every person set forth on the attached list on or before the 6th day of July, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (39 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 11th day of July 2007. AMESTHOMPSON City Clerk /kdh Affidavit Sun Center 07-18-07.doo Post Office Box 2743 • Palm Springs, California 92263-2743 000023 NEIGHBORHOOD COALITION REPS Case 5.0842-A MR PETE MORUZZI SUN CENTER MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 07.18.07 HISTORIC SITE REP 1 1 I PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.0842A VERIFICATION NOTICE II 1 1 ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W.SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS 11 I I 1 1 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MR MAURICE REFOUA MR CHRIS MILLS 410 SOUTH BEVERLY DRIVE WWCOT/MILLS SPONSORS BEVERLY HILLS, CA 90211 490 S. FARRELL DRIVE, STE. c203 _.._. ... .. _ _ .._ _. . . PALM SPRINGS, CA 92262 S. o P#J 1`0 77 SzcA C,�,)x-, (� As / �J CC �,,� . 7 d7 � 009607908 009608512 / 009610417 A&J PALMAS LTD PARTNERSHIP A&J PALMAS LTD PARTNERSHIP A&J PALMAS LTD PARTNERSHIP 18980 VENTURA BLVD 200 18980 VENTURA BLVD 200 18980 VENTURA BLVD 200 TARZANA, CA 91356 TARZANA,CA 91356 TARZANA,CA 91356 009610418 009610421 009616193 A&J PALMAS LTD PARTNERSHIP A&J PALMAS LTD PARTNERSHIP HEMSTREET CAPITAL 18980 VENTURA BLVD 200 18980 VENTURA BLVD 200 333 N PALM CANYON DR 117 TARZANA,CA 91356 TARZANA,CA 91356 PALM SPRINGS,CA 92262 508121002 508121003 508121004 MITTLLMANN,GABRIEL&ILDIKO IOCOVOZZI,DAMIANO LIVING TRUST LEWIN,RALPH&ANN 1552 S SAN JOAQUIN DR 627 POPPY ST 16 SUMMER SKY CIR PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262 RANCHO MIRAGE, CA 92270 508121008 508121009 508121010 NETII,DAVID C ATKINS,DUSTY J DIMITROV,SPIRIDON I TRUST 726 14TH AVE 575 S CALLE AJO 8266-1/2 NORTON AVE SEATTLE,WA 9,9122 PALM SPRINGS,CA 92264 WEST HOLLYWOOD, CA 90046 508121011 508121012 508121018 DIMITROV,ANTON SIERRA NEVADA DEV P&A INV 516 NEBRASKA AVE 328 CALIFORNIA AVE 4634 VALLE DEL SOL LONG BEACH, CA 90802 RENO,NV 89509 BONSALL,CA 92003 508122008 508122009 BAZALAR,CARLOS A&MARIA S 508122010 HIGGIIGGINS,WARD TIIOMAS TRUST SHAUGHNESSY,ANNE HELENE 576 CALLE AJO 8400 S 4000 W 87 PALM SPRINGS,CA 92262 299 N BURTON WAY WEST JORDAN,UT 84088 PALM SPRINGS,CA 92262 508131002 508131009REDEVELOPMENT AGENCY CITY OF 508131012 SUN PALM SPRINGS llILRJNGER,ROBERT&EVELYN 410 S BEVERLY DR 645 S PALM CANYON DR BEVERLY HILLS,CA 90212 PO BOX 2743 PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92263 508131014 508131015 508131018 GOTTSCHALK,HELEN DILUCCHIO,ROCCO&DEBRA TRUST ALLEN FAMILY TRUST 1115 S SUNRISE WAY 691 S PALM CANYON DR 2820 N CIIAUNCEY LN PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264 ORANGE,CA 92867 508132004 509132038 508132041 STAGG INV PASCAL,ROY H WADE,WILLL4M J 14011 VENTURA BLVD 502 63 N PAGOSA BLV B3 14651 DALLAS PKWY 500 SHERMAN OAKS,CA 91423 PAGOSA SPRINGS,CO 81147 DALLAS,TX 75254 508132045 508132046 508171011 228 DIAMOND STREET V) NTI,ANTHONY J RUDERMAN,NIARTIN A PO BOX 3411 1129 E MAIN ST 3959 SW 140TII AVE PALM SPRINGS,CA 92263 ALILA2vIBRA,CA 91801 DAME,FL 23330 513280004 513250020 513250024 BANK OF AMERICA NATL TR&SVGS USA 513 USA 513 ASSN TRUST 101 N TRYON ST CHARLOTTE,NC 28255 513280006 USA 5133 PALM RIDGE LLC 513280013 USA 5 200 N SUNRISE WAY B USA 513 PALM SPRINGS,CA 92262 WASHINGTON,DC 21401 513280015 513280016 513280017 USA 513 USA 513 USA 513 WASI-IINGTON,DC 21401 WASHINGTON,DC 21401 WASHINGTON,DC 21401 513280018 513290004 513290005 DESERT SUN CENTER LLC WASHINGTON,DC 21401 USA H USA 513 410 S BEVERLY DR , BEVERLY I-IILLS,CA 90212 513291001 513291002 513291003 FRYMANN,RUTH NADINE ERWIN,RIC1-LARD KEVIN KOVACS,KESZTE EVA 640 BIG.CANYON DR E PO BOX 926 30313TG CANYON DR S PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92263 PALM SPRINGS.CA 92264 513291004 513291005 513291006 SAUNDERS,SCOTT E&ROC14ELL P ANDERSON,CINDY BETZ,LEN D 311 BIG CANYON DR S 319 BIG CANYON DR 3007 LAKERIDGF DR PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264 LOS ANGELES,CA 90068 513291019 513291020 513291021 GRAVES,VINCENT R TRUST MEDLEY,WILLIAM T TRUST ETZEN,DAVID 1 450 N STATE ST 1911 E BAY AVE 2820 SHADOWLAWN AVE IIEMET,CA 92543 NEWPORT BEACH,CA 92661 LOS ANGELES,CA 90039 513291022 513291023 513291024 SAGE,ROGER M HAWTHORNH,DONALD H ADAMS KATI-ILEEN LIVING TRUST PO BOX 8501 PO BOX 7528 634 BIG CANYON DR E NEWPORT BEACI•I,CA 92658 SAN DIEGO,CA 92167 PALM SPRINGS, CA 92264 513291025 513291026 513291027 GREENE,BERNICE E TRUST AXELROD,FREDERICK B ROIO,MARY ANN TRUST 311 BUCKEYE CT 627 BIG CANYON DR E 315 BIG CANYON DR N LAFAYETTE,CA 94549 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 513291030 513291031 513291032 HARAZIM,STANLEY C MELANSON,RONALD A&NICHKOL A RILEY,PAMELA IRENE PO BOX 9040 PO BOX 1075 1125 LINDERO CYN RD 308 RANCHO SANTA FE,CA 92067 VANCOUVER,WA 98666 THOUSAND OAKS, CA 91362 513291033 513291034 513291035 CANYON,GATE CANYON,GATE CANYONS HOMEOWNERS ASSOC 610 S BELARDO RD 1200 610 S BELARDO RD 1200 707 TAHQUITZ CYN WY 23 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262 'rihs slan,p PROOF OF PUBLICATION rhts'�s Space for County Ciark'5 (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of No 21 so the County aforesaid;I am over the age of eighteen NOTICE OF PUBLIC NEARING years,and not a party to or interested in the CITY o rrf PALM COUNCIL ' above-entitled matter.I am the principal clerk of a CASE printer of the,DESERT SUN PUI3LISI�IING PLANNED DEVELOPMENT AMENDMENT COMPANY a newspaper of general circulation, SUN CENTER RETAIL CENTER printed and published in the city of Palm Springs, ett South Palm Cnnyun oriv. Count of Riverside,and which newspaper has been NOTICE IS HEREBY GIVEN that the CI Council Y p•P of the Clty of palm Springs Calllomia WIII 11oltl a adjudged a newspaper of general circulation by the Public hoarlgg at its meuting C Jromiauly 18 will h ld a Superior Court of the County of Riverside,State of I Canyon Ctialmh�tan C e%ns t 5; Est Yah the California under the date of March 24,1988.Case i pcanyon way, palm sphngs. ' qul¢ Number 191236;that the notice,of which the pThe purpose of this hearing Is to consider an a - F1lanoed�ovelaprmentt 77 to add to an onamegtr to to annexed is a printed copy(set in type not smaller fall contor and rdmadel the than non pariel,has been published in each regular south Palm canyon Cave a parPng/7 rC at 0„ Vain 22. ( 1),Sec_ and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: ' July 7d' 7007 _J All in the year 2007 I certify(or declare)under penalty of perjury that the _ foregoing is true and correct. Dated at Palm Springs,California this--7d',----day — Of July --- -- ,2007 ENVIRONMENTAL DETERMINATION.-This/ l Jeet L catvgorlcallyy exam t from envlron Pro review ppursupnt to Spctlon 15332(In-Fill Uev,lkp menf Protects1 of the Callfomia Environmental / ! I Cuallty Act(CEQA),whereas the proposed Environmental meuta the Ontcendltlons outlined for PO$n-rill deP Oct ig alure 1 REVIEW OF PROJECT INFORMATION: Re- I ub c licaring anhis d/orn0 writing before the hear- Ing. Written commons can be m.We to the City Council by letter(for all or hand delivery)to: James Thompsbh City Clerk 320,E. Tahclulcf Leanyon Way Palm Springs, CA 92212 1 1T/Q 1 Any challenge of the proposed project m court V l mayy be gmhvd to raising only[pope Issues reload at wrl ptibllC hearing dadcnbed In this notice, or ��' In wrinon correspondence dell -adto the Clty i l 1 Clerk at. a ppnor,to the ppublic hearing, (Coverrl- men[Code Sec(ion G8009(b)(2)), An opportunity will be given at said heating for ull Ing this persons to be heard.Questions regard- . Ing thL case may be directed to David Newell at (700) 323.8245, 12 51 nocesita ayuda conpostpp cayrte,portavor Ilame a Nadlge Heger(100)3 8 n 384. puege hablar con nampson, ity lark Publfghed:7/7/2007 City Clerk