HomeMy WebLinkAbout21902 - RESOLUTIONS - 6/6/2007 RESOLUTION NO. 21902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING TENTATIVE PARCEL MAP
35235 FOR THE SUBDIVISION OF AN APPROXIMATE 6.24 ACRE
PARCEL INTO THREE LOTS, WITHIN THE PALM SPRINGS
MARKET PLACE SHOPPING CENTER LOCATED AT THE
SOUTHEAST CORNER OF EAST VISTA CHINO ROAD AND NORTH
SUNRISE WAY ZONE P (PROFESSIONAL) WITH PD-227, SECTION
12, APN 507-030-024
WHEREAS, Centers Dynamics — George Arce, owners, have filed an application
with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for
Tentative Parcel Map 35235; and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider TPM 35235 was given in accordance with applicable law; and
WHEREAS, on May 9, 2007 a public hearing on the applications for architectural
approval and subdivision was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, On July 21, 1993 the City Council approved filing of the Negative
Declaration for Case No. 5.0631-PD 227, which is the site of the subject request.
Pursuant to Section 15162 of the California Environmental Act (CEQA), the
preparation of further environmental documentation is not necessary since the
circumstances of the project have not substantially changed. The present project could
not therefore, result in any new environmental impacts beyond those already assessed
in the adopted negative declaration; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the
Planning Commission has considered the effect of the proposed project on the housing
needs of the region, and has balanced these needs against the public service needs of
residents and available fiscal and environmental resources; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Tentative Parcel Map 35235 was given in accordance with
applicable law; and
WHEREAS, On June 6, 2007, a public hearing on the application for project was
held by the City Council in accordance with applicable law; and
' WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City
Council has considered the effect of the proposed project on the commercial/retail
Resolution No. 21902
Page 2
needs of the community, and has balanced these needs against the public service
needs of residents and available fiscal and environmental resources; 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:
Section 1. Pursuant to Section 66474 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Parcel Map is consistent with all applicable general and
specific plans.
The proposed Tentative Parcel Map is consistent with the goals and objective of
the General Plan designation of C-S-C (Community Shopping Center) which
governs the subject property as well as all property adjacent to the subject site.
The applicant is proposing 3 commercial parcels on an approximately 6.24-acre
parcel; this proposal is within the required lot sizes of community shopping center
uses-
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed project is consistent with the Planned Development District, which
allows the development of commercial/retail uses on each parcel at the proposed
location. The proposed subdivision and the provision for its design and
improvements comply with the applicable development standards for streets and
parcel design.
C. The site is physically suited for this type of development
The project site is relatively flat and each parcel contains adequate developable
building area. There are no known bodies of water, ravines, or significant
topographic features on the subject property.
d. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitat.
Pursuant to Section 15162 of the California Environmental Act (CEQA), the
preparation of further environmental documentation is not necessary since the
circumstances of the project have not substantially changed. The present project
could not therefore, result in any new environmental impacts beyond those '
already assessed in the adopted negative declaration.
Resolution No. 21902
Page 3
As stated earlier, there are no known bodies of water on the subject property and
therefore no fish will be disturbed.
e. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision includes the provision of public water and
sewer systems, a drainage design that protects other commercial sites while
providing water quality basins, and a street system which is consistent with City
Standards.
f. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore, the
design of the subdivision will not conflict with any public easements for access
through or use of the property. The applicant is required to dedicate necessary
easements for public access and circulation in and around the new subdivision.
Section 2. The City Council Approves Tentative Parcel Map 35235, subject to those
' conditions set forth in Exhibit A.
ADOPTED THIS 6" DAY OF JUNE, 2007.
David H. Ready, C �ger
ATTEST:
;5iesT=ompson, 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. 21902 is a full, true and correct copy, and was duly adopted at a regular
Resolution No. 21902
Page 4
meeting of the City Council of the City of Palm Springs on June 6, 2007, by the following
vote:
AYES: Councilmember Eoat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
J mes Thompson, City Clerk
Gity of Palm Springs, California
r
r
Resolution No. 21902
Page 5
' EXHIBIT A
Case No. 3.3018 — MAJ and TPM 35235
Southeast Corner of East Vista Chino Drive and North Sunrise Way
June 6, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS:
1. Extend the screening wall along the southern property line east to Cerritos Road.
' 2. Extend the road parallel to the southern property line east to Cerritos Road.
3. Provide screening of the shopping cart storage area.
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. 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
3.3018 — MAJ and case TTM 35235 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
Resolution No. 21902
Page 6
2. Following an adverse judgment or failure to appeal, shall not cause a waiver of '
the indemnification rights herein-
3- That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls,
and fences between the curb and property line, including sidewalk or bikeway
easement areas that extend 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 projects or 1/4% for
residential projects with first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner
shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
6. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the
subdivision shall provide, to the extent feasible for future passive or natural
heating or cooling opportunities in the subdivision.
7. That the property owner(s) and successors and assignees in interest shall
maintain all site improvements free from waste and debris, including sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, walls, and fences
between the curb and property line, including any easement areas that extend
onto private property 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. ,
8. Prior to recordation of the final subdivision map, the developer shall submit for
Resolution No. 21902
Page 7
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and
c. Restrictions to be recorded.
9. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for joint
access to the proposed parcels, open space restrictions. The approved
documents shall contain a provision, which provides that they may not be
terminated or substantially amended without the consent of the City and the
developer's successor-in-interest.
CULTURAL RESOURCES
10.Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards
and Guidelines, shall be employed to survey the area for the presence of
cultural resources identifiable on the ground surface.
' 11.Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor shall be
present during all ground-disturbing activities.
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if
necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
' search results and site records/updates shall be forwarded to the Tribal
Resolution No. 21902
Page 8
Planning, Building, and Engineering Department and one copy to the City '
Planning and Zoning Department prior to final inspection.
FINAL DESIGN
12.With Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be
submitted for review and approval by the Director of Planning & Zoning prior to
the issuance of building permits. Manufacturer's cut sheets of all exterior lighting
on the building and in the Final landscaping, irrigation, exterior lighting, and
fencing plans shall be submitted for approval by the Department of Planning
and Zoning prior to issuance of a building permit, Landscape plans shall be
approved by the Riverside County Agricultural Commissioner's Office prior to
submittal.
13. An exterior lighting plan in accordance 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. No lighting of the hillside is
permitted.
GENERAL CONDITIONS / CODE REQUIREMENTS
14. Architectural approval shall be valid for a period of two (2) years. Extensions of
time may be granted by the Planning Commission upon demonstration of good '
cause.
15.The appeal period for a Major Architectural application is 15 calendar days from
the date of project approval. Permits will not be issued until the appeal period
has concluded.
16.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.
IT All materials on the flat portions of the roof shall be earth tone in color.
18.AII awnings shall be maintained and periodically cleaned.
19. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
20. The appeal period for a Major Architectural application is 15 calendar days from
the date of project approval. Permits will not be issued until the appeal period
has concluded.
Resolution No. 21902
Page 9
21. 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.
22. All materials on the flat portions of the roof shall be earth tone in color.
23. All awnings shall be maintained and periodically cleaned.
24. 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.
25. 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.
26. 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.
27. The street address numbering/lettering shall not exceed eight inches in height.
28.Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
29. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
30. No outside storage of any kind shall be permitted except as approved as a part
of the proposed plan.
31.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.
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.
Resolution No. 21902
Page 10
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 9307.00 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.
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 as set forth in Section 9306.00 of
the Zoning Ordinance shall be met. Details to be provided with final landscape
plan.
42. Tree wells shall be provided within the parking lot and shall have a
planting area of six feet in diameter/width.
1
Resolution No. 21902
Page 11
' ENGINEERING:
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Applicant shall obtain State permits and approval of plans for all work done on
State Highway 111 (Vista Chino).
3. 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.
' 4. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on-site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion
of on-site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on-site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
SUNRISE WAY
5. Modify the existing raised median to extend the northbound left-turn pockets at
Sunrise Way and Vista Chino in accordance with the findings from the Palm
Springs Marketplace -- Phase 11 Focused Traffic Impact Study Update (Endo
Engineering, December 2005). The existing left-turn pockets shall be lengthened
to provide a storage length, per lane, of 250 feet. The existing raised median
shall be modified to construct a northbound left-turn directional median opening
on Sunrise Way at the existing driveway access into the Desert Aids Project.
The existing full access driveway into the Palm Springs Marketplace shall be
' modified to restrict left-turn access into or out of the property. Access at the
Palm Springs Marketplace center driveway shall be restricted to right-turn ingress
Resolution No. 21902
Page 12
and egress only. The median modification design shall be subject to the review
and approval of the City Engineer. Modification of the existing raised median in '
Sunrise Way shall be completed prior to issuance of a certificate of occupancy.
CERRITOS ROAD
6. Remove the existing street improvements as necessary to construct a minimum
30 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 40 feet from the south property line.
7. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the driveway in accordance with City of Palm Springs
Standard Drawing No. 212. 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.
8. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE '
9. The minimum pavement section for the on-site drive aisles and parking spaces,
shall be 2'/2 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.
SANITARY SEWER
10. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
11. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. 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
Resolution No. 21902
Page 13
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 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 Grading plan. The Precise Grading and Paving Plan shall be approved by
the City Engineer prior to issuance of grading permit.
a) 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 Tentative Tract
Map and/or Site Plan; and a copy of current Title Report; a copy of Soils
Report.
12. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
' proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer, Richard Begay (760 883-1368),
or the Tribal Archaeologist, Patty Tuck (760-883-1368), to determine their
requirements, if any, associated with grading or other construction. The
applicant is advised to contact the Tribal Historic Preservation Officer or Tribal
Archaeologist as early as possible. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with Tribal
monitoring.
13. 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 issuance of a grading
permit.
14. 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.
15. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
Resolution No, 21902
Page 14
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
16. 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
17. 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.
18. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
19. 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 developer 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,
Resolution No. 21902
Page 15
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.
20. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard Begay
(760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368) for any
subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off-site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off-site streets), which shall be the
' responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
21. All proposed utility lines shall be installed underground.
22. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
23. 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 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. 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.
24. 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
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
Resolution No. 21902
Page 16
25. Nothing shall be constructed or planted in the corner cut-off area of any ,
intersection or 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.
26. 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 in
accordance with City of Palm Springs Standard Drawing No. 904.
MAP
27. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Parcel
Map to the Engineering Division as part of the review of the Map. The Parcel
Map shall be approved by the City Council prior to issuance of building permits.
28. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
development requirements for Parcels 1, 2, and 3 of Tentative Parcel Map No. '
35235, but shall be completed prior to issuance of a building permit on any of the
three parcels.
29. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review, and shall be approved by the City
Attorney prior to approval of a Parcel Map,
30. Upon approval of a parcel map, the parcel map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"
from the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
Resolution No.21902
Page 17
' TRAFFIC
31. In accordance with the Palm Springs Marketplace — Phase 11 Focused Traffic
Impact Study Update (Endo Engineering, December 2005), the following
mitigation measures will be required:
a) Install a traffic signal at the intersection of Vista Chino and Cerritos Road. The
applicant shall submit traffic signal installation plans prepared by a California
registered Civil Engineer or Traffic Engineer for review and approval by
Caltrans. The traffic signal shall be installed and operational prior to issuance
of a certificate of occupancy, unless otherwise allowed by the City Engineer.
b) Stripe a northbound left-turn lane and a southbound left-turn lane on Cerritos
Road at Vista Chino in conjunction with the installation of the new traffic
signal. Provide 100 feet of storage for the northbound left-turn lane and 50
feet of storage for the southbound left-turn lane. Submit traffic striping plans
for Cerritos Road on the north and south sides of Vista Chino, prepared by a
California registered civil engineer, for review and approval by the City
Engineer. All required traffic striping and signage improvements shall be
completed in conjunction with the required traffic signal installation, to the
satisfaction of the City Engineer, and prior to issuance of a certificate of
' occupancy, unless otherwise allowed by the City Engineer.
c) The existing southbound left-turn lane on Sunrise Way at the Palm Springs
Marketplace center driveway (opposite the Desert Aids Project driveway),
shall be eliminated to provide 100 feet of additional queue storage for each of
the northbound left-turn lanes on Sunrise Way at Vista Chino. Submit traffic
striping plans prepared by a California registered civil engineer, for review
and approval by the City Engineer. All required traffic striping and signage
improvements shall be completed in conjunction with required street
improvements, to the satisfaction of the City Engineer, and prior to issuance
of a certificate of occupancy.
d) Payment in an amount equal to 7.2% of the estimated cost to construct an
additional southbound left-turn lane at the Sunrise Way and Vista Chino
intersection shall be made to the City. The construction of the required
improvement has been estimated at $60,300. The applicant shall deposit a
fair share payment of $4,341.60 with the City Engineer prior to issuance of a
certificate of occupancy.
e) Restripe the existing Palm Springs Marketplace center driveway on Sunrise
Way to implement the left-turn access restrictions, to provide one right-turn
ingress lane and one right-turn egress lane as required by the City Engineer.
Resolution No. 21902
Page 18
32. The applicant shall submit a supplemental traffic study, focusing on the timing of ,
the installation of a new traffic signal at Vista Chino and Cerritos Road, to the
City Engineer for review and approval. The supplemental traffic study shall
determine the amount of commercial retail space within the Palm Springs
Marketplace Phase II development is necessary to satisfy warrants for
installation of the traffic signal. The traffic signal shall be installed when
determined by the approved supplemental traffic study as required by the City
Engineer, and prior to issuance of a certificate of occupancy for any retail space
generating a sufficient volume of traffic to satisfy warrants for installation of the
traffic signal.
33. Provide traffic signage at the existing Palm Springs Marketplace center driveway
on Sunrise Way implementing restricted left-turn egress onto Sunrise Way as
required by the City Engineer.
34. Provide traffic signage at the existing Desert Aids Project driveway on Sunrise
Way opposite the existing Palm Springs Marketplace center driveway,
implementing restricted left-turn egress onto Sunrise Way.
35. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the Cerritos Road driveway adjacent to the southeast corner of
the site, in accordance with City of Palm Springs Standard Drawing Nos. 620-
625. '
36. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
37. 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.
38. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
ADA:
SITE PLAN:
1. The site plan indicates two "van accessible" disabled parking spaces for Parcel
10. Since there are 71 total parking spaces serving parcel 10, the total
requirement for this parcel is three disabled parking spaces according to CBC
Resolution No. 21902
Page 19
1129B.1. The plan will need to be revised to include at least one additional
' disabled parking space with a 5 foot wide access aisle located on the passenger
side of the vehicle.
2. The plan indicates two "van accessible' disabled parking spaces for Parcel 11.
Since there are a total of 138 parking spaces for this parcel, a total of five
disabled parking spaces will be required according to CBC 1129B.1. The plan
will need to be revised to include three additional disabled parking spaces with
access aisles appropriately located for them.
3. The plan indicates two "van accessible" disabled parking spaces for Parcel 12.
Since there is a total of 51 parking spaces for this Parcel, a total of three disabled
parking spaces will be required according to CBC 112913.1. The plan will need to
be revised to include at least one additional disabled parking space with an
access aisle on the passenger side of the vehicle.
4. The ramps for the disabled parking spaces on the site plan are located
appropriately and comply with CBC 11298.4.3 which states that ramps are not to
encroach into the parking space or access aisle. The additional disabled parking
spaces are to also provide similar ramps for access to the buildings.
FIRE DEPARTMENT:
1, 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.
2. 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.
3. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
4. Minimum Access Road Dimensions:
1. Maintain minimum of 24' width in the parking area for fire department access.
' 5. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways shall be provided so that no portion of the exterior wall of the
Resolution No. 21902
Page 20
first floor of any building will be more than 150 feet from such roads. (9022.1 '
CFC)
6 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
GM (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an
outside radius of 45 feet.
7. Turn Around Requirements: Dead-end fire apparatus access roads in excess
of 150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus. (902.22.4 CFC) The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 45 feet from centerline. The other is a hammerhead turnaround
meeting the Palm Springs Public Works and Engineering Department standard
dated 9-4-02.
8, Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. This will include
clearance from vegetation and trees. (902.2.2.1 CFC)
9 Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards. ,
Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above
floor level. Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
10. Fire Sprinklers Required: An automatic fire sprinkler system is required by local
ordinance for both buildings.
11. Fire Sprinkler Plan Submittal: The contractor should submit fire sprinkler plans
as soon as possible. No portion of the fire sprinkler system, including water
meters and underground water supply, may be installed prior to plan approval. A
minimum of four copies must be submitted. Submittal to include manufacturers
cut sheets on all material and equipment used. Submittal shall also include
hydraulic calculations.
12. Location of Fire Department Connections: The connection inlets must face
the street, and be located on the street side of the building. The face of the inlets
shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if
no sidewalk), and shall be 36 to 44 inches in height to center of inlets above
finished grade. No landscape planting, walls, or other obstructions are permitted
within 3 feet of Fire Department connections. The FDC and supporting piping
shall be painted OSHA safety red.
Resolution No. 21902
Page 21
' The address of the building served shall be clearly indicated on the Fire
Department Connection (FDC). A sign with this information shall be placed on or
near the FDC. The sign shall be constructed of metal. The sign face, lettering,
and attachment shall be made of weather and vandal resistant materials. Sign
background will be bright red. Letters will be bright white. Sign format will be
substantially as follows:
F. D. C.
SERVES
425
S. SUNRISE WAY
ALL BLDGS. IN COMPLEX
13. Valve and water-flow monitoring: All valves controlling the fire sprinkler
system water supply, and all water-flow switches, shall be electrically monitored
where the number of sprinklers is one hundred or more. (Twenty or more in
Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in
the open position. Valve and water-flow alarm and trouble signals shall be
distinctly different and shall be automatically transmitted to an approved central
station. (1003.3.1 CFC)
14. Audible Water Flow Alarms: An approved audible sprinkler flow alarm
(Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall
be provided on the exterior of the building in an approved location. An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with
WBB back box or equal) to alert the occupants shall be provided in the interior of
the building in a normally occupied location. (904.3.2 CBC)
15. Inspector's Test Valve: Provide an inspector's test valve from a remote portion
of the system. Where sprinklers used in the system have a nominal K factor
smaller than 5.6, the inspector's test shall have the same size orifice as the
smallest sprinkler.
16. Fire Alarm System: Fire Alarm System is required and installation shall comply
with the requirements of NFPA 72.
17. Plan Submittal: The contractor should submit fire alarm system plans as soon
as possible. Submittal shall include manufacturer's data/cut sheets and listings
with expiration dates on all equipment and materials used. Include battery
calculations with submittal.
18. 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.
Resolution No. 21902
Page 22
19. 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)
20, 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)
21. Fire Flow: Fire flow is estimated to be 1500 GPM with the installation of fire
sprinklers.
22. High Piled Storage: If materials to be stored are anticipated to exceed 12 feet in
height, additional requirements will be required. Contact the fire department
plans examiner for more detailed requirements.
23. 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)
24. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex.
Construction site Security and Protection:
25. 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)
26. 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)
27. 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. (9022.4.1 CFC).
28. 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
Resolution No. 21902
Page 23
' 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)
29. 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)
END OF CONDITIONS