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HomeMy WebLinkAbout10/3/2007 - STAFF REPORTS - 1.D.r ;DEEPEN SA? -y a z z Pq<lFOR �,P CITY COUNCIL STAFF REPORT m DATE: October 3, 2007 PUBLIC HEARING SUBJECT: CROSSE POINTE — CASE NO, 5.1164 PLANNED DEVELOPMENT p DISTRICT 343 FOR THE DEVELOPMENT OF THE CONSTRUCTION rn OF A MIXED -USE DEVELOPMENT COSISTING OF 39,535 SQUARE FEET OF RETAIL AND 14,587 SQUARE FEET OF OFFICE SPACE e� LOCATED AT THE NORTHWEST CORNER OF CROSSLEY ROAD AND m SUNNY DUNES ROAD. r FROM: David H. Ready, City Manager O BY: Department of Planning Services TI Z SUMMARY M The City Council will consider a proposed mixed -use development on approximately 3.8 Z acres consisting of three one-story buildings and one two-story building containing 39,535 square feet of retail space and 14,587 square feet of office space. The project includes a Planned Development District to establish design standards and guidelines RECOMMENDATION: 0 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE -I CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1164, PLANNED DEVELOPMENT DISTRICT 343, FOR A MIXED -USE DEVELOPMENT CONSISTING OF 39,535 SQUARE FEET OF RETAIL AND 14,587 SQUARE FEET OF OFFICE SPACE LOCATED AT THE NORTHWEST C] CORNER OF CROSSLEY ROAD AND SUNNY DUNES, SECTION 20" ITEM N0. y City Council Staff Report October 3, 2007 Case. 5.1104 — PO 343 Page 2 of 4 PRIOR ACTIONS: Ma On July 9, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed r project architectural and landscape designs; and by a vote of 5--0-1 (Jurasky abstained) recommended approval to the Planning Commission with the recommendation that the angled parking at the entrance off Crossley Road be deleted and provide a minimum of z 12 feet of landscaping on both sides of the driveway. Z On August 20, 2007, the Architectural Advisory Committee (AAC) reviewed the revised M project plans and by a vote of 6-0-1 (Wexler absent) recommended approval to the 0 Planning Commission. On September 12, 2007, The Planning Commission reviewed the proposed project and by a vote of 5-0-2 (Cohen and Caffery absent) approved the project architecture and recommended that the City Council approve Case Number 5.1164 Planned 0 Development District 343. m STAFF ANALYSIS: C rn General Plan and Zoning: r The subject site has a General Plan designation of IND (Industrial) and is zoned M-1. Q The proposed mixed -use development of retail commercial and offices is consistent with the General Plan and Zoning. Site Plan m The proposed site is an approximately 3.8-acre parcel basically flat and devoid of any Z vegetation located at the northwest corner of Crossley Road and Sunny Dunes Road. As designed, the site plan will consist of four structures totaling approximately 39,535 square feet of retail and 14,587 square feet of office space. The site will be accessed from Crossely Road (the main entrance) and Sunny Dunes Road with circulation being accomplished by a ring road that feeds all parking areas of the site. The pedestrian circulation pattern provides for handicap ramps and walkways for easy access to all of 0 the buildings. There is one loading space provided for the major tenant store "A". The — project proposes to landscape the perimeter of the site; no fencing or walls are cn proposed. Storm water retention will be handled by a retention basin in the northwest corner of the site and by an underground system at the southern portion of the property. Access: There are two points of access to the proposed mixed use development: Crossley 0 Road; the main entrance, with a right turn in and out and a left in only. Sunny Dunes --� Road provides for a right turn in and out and a left turn in and out movements. Delivery trucks going Into the shopping center will do so through the two points of access. 000002 City Council Staff Report October 3, 2007 Case5 1164 — PE) 343 Page 3 of 4 Planned Development District Under the provisions of section 92.17.03 (C.) 1., of the Palm Springs Zoning Code r (PSZC),"any portion of buildings in excess of 30 feet shall setback one foot from any a property line for every one foot of vertical rise". The proposed buildings vary in height from 24 feet to 40 feet and the applicant is requesting the Planned Development to Z establish specific design standards relating to building setbacks as shown in Table 1 Z below: This Planned Development District is not proposed in lieu of a zone change, as all proposed uses are permitted in the underlying M-1 zone. ill Table 1: Property Setback Standards Building Identity Building Height Required Setback Proposed Setback "A" Varies from 28 feet 31 feet from western 30 feet from western to 31 feet. and northern property line and 18 property lines. feet from the Ill northern property C line. "B" Varies from 28 feet 31 feet to 40 feet 18 feet from northern M to 40 feet. from northern property line, property line. r "C', Varies from 28 feet 25 feet to 33 feet 18 feet from the 0 to 33 feet. from the northern northern property line property line and and 21 feet from Crossley Road. Crossley Road. "D" Varies from 24.5 feet 25 feet to 33 feet 21.83 feet from to 33 feet from Crossley Road. Crossley Road. J m Z The applicant is requesting that the City Council approve the above setbacks as part of the Planned Development District. ,,� ENVIRONMENTAL ASSESSMENT The project qualifies as a Categorical Exempt development pursuant to Section 15332 In -Fill Development Projects of the California Environmental Quality Act. A Notice of -- Exemption has been prepared for this project and has been distributed for public review - Ij) and comment in accordance with CEQA. FISCAL IMPACT: No fiscal impact. i wing, � CP Thomas Wilso,', Assistant City Manager Dir of Pla�fii a Services City Council Staff Report Case: 5.1164 — PD 343 David H. Ready, G` nager Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Planning Commission Minutes dated 9112/07 4. Planning Commission Staff report 9/12/07 5. Reduced site plan and elevations October 3. 2007 Page 4 of 4 r a z z m O O M C M r O M z —4 n 000004 CA1,11110 PAROCELF I Department of Planning Services Vicinity Map I I I I -- --- W SKYPN Irf DR {fKY•P.Q}t�',t'>fi< �.:..•.y. r• v � vY NI al a INN i DUNES FD I I I I -•- I I I I I I I I I I I I I I I I I I I I I I 1, I PIC BLUNCO P.D Legend MProject Site 500' Radius - Surrounding Parcels I I II �I II I INDIAN SPRIN05 RO CITY OF PALM SPRINGS CASE NO: 5.1164 PD 343 DESCRIPTION: To construct a mixed -use development consisting of four detached buildings, APPLICANT: Crossley Partners, LLC totaling approximately 39,535 square feet of retail and approximately 14,587 square feet of office space on an approximately 3.8-acre site located at the northwest corner of East Sunny Dunes Road and Crossley Road. APN: 680-170-062. 000005 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1164, PLANNED DEVELOPMENT DISTRICT 343, FOR A MIXED -USE DEVELOPMENT CONSISTING OF 39,535 SQUARE FEET OF RETAIL AND 14,587 SQUARE FEET OF OFFICE SPACE LOCATED AT THE NORTHWEST CORNER OF CROSSLEY ROAD AND SUNNY DUNES, SECTION 20 WHEREAS, Crossley Partners, LLC (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 317; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1164, Planned Development District 343, and project architectural approval was given in accordance with applicable law; and WHEREAS, on September 12, 2007 a public hearing on the application was held by the Planning Commission in accordance with applicable law, and WHEREAS, the project qualifies as a Categorical Exempt development pursuant to Section 15332 In -Fill Development Projects of the California Environmental Quality Act. A Notice of Exemption has been prepared for this project and has been distributed for public review and comment in accordance with CEQA. WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has recommended that the City Council approve Case Number 5.1164 Planned Development District 343; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1164, Planned Development District 343, was given in accordance with applicable law; and WHEREAS, on October 3, 2007 a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Section 94,03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: Resolution No Page 2 a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed request is consistent with the General Plan, specifically Objectives 3.10 and 3.13 as they relate to intermixing commercial and office uses. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of a mixed use development It is relatively flat and located in close proximity to the intersection of a secondary road and a major thoroughfare. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The establishment of the proposed planned development district is necessary to provide commercial and office uses, design concepts and development standards. This project is a continuation of the existing commercial uses to the north and west and is to serve the everyday needs of the residential area. 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; The subject site is located along the west side of Crossley Road (Secondary Thoroughfare) just south of East Ramon Road (Major Thoroughfare). The existing road net work is designed for commercial and industrial development. Section 2. The City Council hereby approves Case Number 5.1164 and Planned Development District 343 for a mixed -use development consisting of approximately 39,535 square feet of retail and approximately 14,587 square feet of office space located near the northwest corner of Crossley Road and Sunny Dunes Road, subject to the conditions attached hereto as Exhibit "A". ADOPTED THIS 3rd day of October, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 3 [.]a 0.411a14F.fif1[*]01 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) $s. 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 July 5, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000068 *14:11411re1 CONDITIONS OF APPROVAL 5.1164 — PDD343 Crosse Pointe Northwest Corner of Sunny Dunes Road and Crossley Road 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. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1164 — PDD 343. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. _. 000009 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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 $1,800.00 plus $64.00 recording fee is required. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall be in the form of a money order or cashier's check payable to Riverside County. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 2 000010 7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of $631, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. to 11 ■ I L I1:7_1 ■ 9. 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. FINAL DESIGN 10. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 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 the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. 3 .. 000011 GENERAL CONDITIONS/CODE REQUIREMENTS 12. 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. . 13. 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. 14. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 15. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. 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. 17. Separate architectural approval and permits shall be required for all signs. 18. All materials on the flat portions of the roof shall be earth tone in color. 19. All awnings shall be maintained and periodically cleaned. 20. 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. 21. 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. J 000012 22. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00. D. 23. 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. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 27. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 28. 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. 29. 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. 30. The applicant shall provide all tenants with Conditions of Approval of this project. 31. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 32. 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, 5 LIiIiIiM] 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". 33. 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. 34. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 35. 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. 36. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 37. 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. 38. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 39. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 40. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 41. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 0711[y:817=1J .4-11 IWI I 42. Developer shall comply with Article 11 of Chapter 8.04 of the Palm Springs Municipal Code. 6 000014 BUILDING DEPARTMENT FIRE 43. Prior to any construction on -site, all appropriate permits must be secured. SITE PLAN: 44. All new curb ramps that intersect with vehicular traffic serving this development shall provide detectable warnings in the form of truncated domes to comply with CBC 1127B.5.8. 45. The site plan indicates pedestrian walkways contiguous to Crossley Road that include ramps as well as curb ramps. All ramps shall comply with CBC 1133B in terms of running slope (8,33% max.) and cross slope(2.0% max.), width requirements ( 48 inches minimum measured form handrail to handrail), handrails, and level landings at both the top and bottom of the ramp. The bottom area of each ramp shall provide a minimum 72 inch long level landing area. This is especially important since these ramps lead into curb ramps that lead into vehicular traffic areas. 46. All locations on the plan designated as "articulated paving" shall comply with CBC 1133B.7.1 and be made of a material that is stable, firm and slip resistant. The use of decorative pavers that create a "cobble stone" affect shall not be applied as they present a hazardous environment for wheelchair users. 47. The disabled parking space located next to the "MAJOR "A" building will need to provide a minimum 5 foot wide access aisle on the passenger side of this parking space. The site plan indicates a 5 food aisle on the driver's side which leads up to a curb ramp. 48. All Disabled parking spaces shall provide appropriate signage to comply with CBC 1129B.5. 49. Plot Plan: Prior to completion of the project, a 8.5x11" plot plan and an electronic CAD version 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. VA 000015 50. 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. 51. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 52. Minimum Access Road Dimensions: Maintain minimum of 24' width in the parking area for fire department access. 53. 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. 54. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance for both buildings. 55. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 56. 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. 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 [1I1110H 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 57_ Required Signs: All fire sprinkler valves shall have a permanently affixed sign indicating the valve function and area served. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). 5$. 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 12 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) 59. 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. 60. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 61. Fire Alarm System: Fire Alarm System is required and installation shall comply with the requirements of NFPA 72. 62. 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. (904.32 CBC) 63. 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 9 0000I7 the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 64. 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) 65. Fire Flow! Fire flow with the installation of fire sprinklers is estimated at, • Major "A" 9,430 sq ft = 1500 GPM • Major "B" 33,062 sq ft = 1500 GPM • Shops "C" 8,100 sq ft = 1500 GPM • Retail "D" 6,412 sq ft = 1500 GPM 66. 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) 67. 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. 68. Road Design or parking lot surface: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) Driveway turnarounds shall have inside turning radius of not less than 30 feet and outside turning radius of not less than 46 feet. 69. Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) 70. 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) 10 000018 71. 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. Construction site Security and Protection: 72. 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) 73. Fire Apparatus Access Cates: 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) 74. Access Cate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 75. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) MI.CCll.I:IAN1.C6' STREETS 76. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 77. 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. 78. 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 11 000a19 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. 79. When public dedications of easements or rights -of -way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights -of -way are "without limitation as to tenure'; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted. Term easements may only be accepted by the City Engineer, if prior to final map approval, the City Council establishes a formal policy for acceptance of term easements, and the applicant complies with the provisions of such policy, including payment to the City of any fees, deposits, or other securities necessary to acquire a future public easement. 80. Upon completion of required improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant shall prepare for the City Engineer's approval, an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of Completion shall be provided to and approved by the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. CROSSLEY ROAD 81. Remove the existing street improvements as necessary to construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 320 feet north of the centerline of Sunny Dunes Road as shown on the approved site plan. Left -turn egress shall be prohibited; the driveway access shall be revised to eliminate the eastbound left -turn exit lane. 12 000020 82. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 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. 83. Remove existing pavement as necessary to construct a raised median island along the entire Crossley Road frontage from Sunny Dunes Road to the southern Walmart driveway access, as approved by the City Engineer. Provide a restricted access median opening across from the project access on Crossley Road; a directional median opening shall be constructed to allow northbound left -turn ingress; provide a small "pork chop" island at the project access that would provide a channelized eastbound right -turn lane, while restricting eastbound left -turn egress from the driveway access. Provide a 50 feet long northbound left -turn pocket at the project entrance, with a 60 feet long bay taper; provide a 100 feet long northbound left -turn pocket at the southern Walmart entrance, with a 60 feet long bay taper; and provide a 100 feet long southbound left -turn lane, with a 60 feet long bay taper, at the intersection of Crossley Road and Sunny Dunes Road. Median bay tapers lengths may be increased to 90 feet if approved by the City Engineer. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 84. The raised median shall be constructed with decorative hardscape, decomposed granite and boulders, stamped concrete, or other materials, as approved by the City Engineer and the Director of Parks and Recreation. 85. All broken or off grade street improvements shall be repaired or replaced. SUNNY DUNES ROAD 86. Remove the existing street improvements as necessary to construct a 24 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 460 feet west of the centerline of 13 000021 ON -SITE Crossley Road as shown on the approved site plan. It will be a full - access driveway. 87. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 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_ 88. All broken or off grade street improvements shall be repaired or replaced. M A non-exclusive 30 feet wide access right-of-way (recorded as Instrument No. 2004-1034352) exists benefiting the Walmart shopping center. Appropriate access from the Walmart shopping center across the project site shall be provided for operation and maintenance of the adjacent stormwater retention basin located on APN 680-170-061. The applicant shall provide the City Engineer with concurrence from the adjacent property owners of on -site improvements providing the required access. 90. The minimum pavement section for all on -site pavement shall be 2Y2 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 91. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 92. All on -site sewer systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 14 000022 93. The on -site private sewer system shall collect sewage from the development and connect to the existing public sewer system with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on -site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V_C.P. sewer main and standard sewer manholes. Commercial projects may construct private sewer systems to other approved City standards (i.e. Uniform Plumbing Code) upon approval by the City Engineer. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on -site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on -site sewer mains, i.e. building sewers and laterals from the buildings to the on -site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 94. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at wvvw.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 15 000023 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 Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 95. Prior to issuance of a grading permit, the applicant shall provide verification to the City that the $2,731.00 per acre fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP). 96. 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 (760-669-(3907), or the Tribal Archaeologist, Patty Tuck (760-669-6907), 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. 97. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 98. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346- 7491). A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. 99. 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. 100. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an 16 000024 integral part of the grading 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. 101. 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 (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 102. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer, shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Wessman Development Walmart Center Palm Springs, prepared by A/E Sanborn, Inc. dated July, 2007- Final on -site underground retention pipe sizing, catch basin sizing, and other specifications for construction of required on -site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 103. The existing off -site stormwater retention basin located on the property identified by APN 680-170-061 shall not be used for release of on -site stormwater runoff from this site. All on -site stormwater runoff shall be detained on -site as required by the City Engineer. 104, Direct release of on -site nuisance water or stormwater runoff shall not be permitted to Crossley Road or Sunny Dunes Road. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 105. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. 17 000025 106. Construct storm drain improvements, including but not limited to catch basins, storm drain lines and underground retention system, for drainage of on -site stormwater runoff into the on -site underground retention system, as described in the Preliminary Hydrology Study for Wessman Development Walmart Center Palm Springs, prepared by A/E Sanborn, Inc. dated July, 2007. The hydrology study for this development shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. 107. All on -site storm drain systems shall be privately maintained by the owner(s) of the development. Provisions for maintenance of the on -site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 108. The proposed underground retention system shall be installed on -site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention system shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Commercial Shopping Center, including reference to the fact that maintenance and/or replacement of the system may require removal of existing asphalt concrete pavement at the sole expense of the Commercial Shopping Center. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the Commercial Shopping Center and require its repair or replacement to the satisfaction of the City Engineer. 109. 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 18 000026 design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pretreat 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. 110. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of building permits. GENERAL 111. 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, 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. 112. 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 (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, ]9 000027 TRAFFIC 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. 113. All proposed utility lines shall be installed underground. 114. 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. 115, 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 (Auto CAD 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, 116. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) 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. 117. 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. 118. 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. 119. As determined by the Crosse Pointe Traffic Impact Study submitted by Endo Engineering (as amended on July 31, 2007), traffic mitigation measures are required. For each item identified below, the applicant shall provide a conceptual geometric plan of the intersection improvements, identifying existing and future improvements, and any 20 000028 necessary right-of-way acquisition. The applicant shall submit an estimate for the cost to construct the required improvements, including associated relocation/modification of existing traffic signal improvements and acquisition of additional right-of-way (if necessary), for review and approval by the City Engineer. The following mitigation measures will be required prior to issuance of a building permit: a) Pay a fair share proportion of 1.74% of the cost to add a second northbound left -turn lane, a second southbound left -turn lane (in conjunction with north/south left -turn signal phasing), and restripe westbound right -turn lane to a through lane, at the intersection of San Luis Rey Drive and Ramon Road. b) Pay a fair share proportion of 3.40% of the cost to add a northbound left -turn lane, and a northbound right -turn lane at the intersection of Crossley Road and Ramon Road. c) Pay a fair share proportion of 4.07% (or $8,140) of the cost to signalize the intersection of Gene Autry Trail and Mission Drive. d) Pay a fair share proportion of 9.10% (or $18,200) of the cost to signalize and to restripe the intersection to provide east/west left - turn lanes at the intersection of Gene Autry Trail and Sunny Dunes Road. e) Pay a fair share proportion of 15.61% (or $31,220) of the cost to signalize and restripe the intersection to provide a northbound left -turn lane and a shared through/right-turn lane at the intersection of San Luis Rey Drive and Sunny Dunes Road. f) Pay a fair share proportion of 4.42% (or $8,840) of the cost to signalize as well as widen and realign the intersection to provide north/south through lanes at the intersection of San Luis Rey Drive and Dinah Shore Drive. g) Pay a fair share proportion of 12.78% (or $25,560) of the cost to signalize and restripe the intersection to provide a northbound left -turn lane, restripe a southbound left -turn lane, and to restripe an eastbound left -turn lane, at the intersection of Crossley Road and Sunny Dunes Road. h) Pay a fair share proportion of 7.47% to add a northbound through lane, and add a southbound through lane at the intersection of Crossley Road and Dinah Shore Drive. 21 000029 i) Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the two driveway access points on Crossley Road and Sunny Dunes Road, in accordance with City of Palm Springs Standard Drawing No. 620 through 625. j) Install traffic striping and signage improvements to provide a two- way left turn lane on Sunny Dunes Road along the project frontage. 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. 119. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Crossley Road and Sunny Dunes Road frontages of the subject property. 120. 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. 121. 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. 122. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 22 000030 City of Palm Springs Planning Commission Minutes of September 12, 2007 7, Case 5.1164 PD 343 (Crosse Pointe) - An application by Crossley Partners, LLC, to construct a mixed -use development consisting of approximately 54,122 square feet of retail and office uses on an approximate 3-8-acre site located at the northwest corner of East Sunny Dunes Road and Crossley Road, Zone W-M- 1, Section 20, APN: 680-170-062. (Project Planner: Fred Lowndes, Associate Planner) Recommendation: To recommend approval of Case 5.1164 PD 343 to the City Council, subject to Conditions of Approval. Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated September 12, 2007. Commissioner Scott requested staff address a letter from the owner of the adjacent building, Wal-Mart, regarding restriction of pedestrian traffic between the two properties. Mr. Lowndes responded that both parties have an agreement to provide their own parking. Commissioner Hutcheson requested ,staff. address if the request for reduction in setbacks are consistent with other developments in the area, Staff responded it is consistent with many of the larger developments along Ramon Road and Gene Autry Trail. Discussion was made on the building frontage and entrance to the parking on Crossley Road. Chair Marantz opened the Public Hearing: -John Wessman, applicant, provided further details on the history of the property, the parking concerns with the adjacent property owner and the design of the building. There being no further appearances, the Public Hearing was closed. M/S/C (Scott/Ringlein, 5-0, 2 absent/Cohen and Caffery) To approve, Case 5.1164 PD 343 to the City Council,. subject to Conditions of Approval. 000031 FpALMSp 6 gJ `� Planning Commission Staff Report Date: September 12, 2007 Case No.: 5.1164— PDD 343 Application Type: A Planned Development District Location: East Ramon Road and Crossley Road Applicant: Crossley Partners, LLC Zone: W-M-1 (Service / Manufacturing) General Plan: IND (Industrial) APN: 680-170-062 From: Craig Ewing, AICP, Director of Planning Services Project Planner: Fred Lowndes, Associate Planner PROJECT DESCRIPTION The project is a proposal by Crossley Partners, LLC, to construct a mixed -use development consisting of approximately 54,122 square feet of retail and office uses on an approximately 3.8-acre site located at the northwest corner of East Sunny Dunes Road and Crossley Road. The proposal includes a one-story major retail building containing approximately 9,430 square feet (Building "A"); a two-story building containing approximately 13,075 square feet of retail uses on the first floor and approximately 14,587 square feet of office space on the second floor (Building "B"); a one-story building containing approximately 8,920 square feet of retail uses (Building "C") and a one-story building containing approximately 7,210 square feet of retail uses (Building "D")_ The project includes associated surface parking and landscaping. L�J n 000032 Planning Commission Staff Report September 12, 2007 Case: 5.1164 — PD0 343 Page 2 of 8 RECOMMENDATION: ,0 • That the Planning Commission approve the project Architecture. r • That the Planning Commission recommend approval of PDD 343 to the City Council, for the construction of a mixed -use development consisting of Z approximately 39,535 square feet of retail and approximately 14,587 square feet of office space with the attached conditions of approval. rn PRIOR ACTIONS: 0 On July 9, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed project architectural and landscape designs; and by a vote of 5-0-1 (Jurasky abstained) recommended approval to the Planning Commission with the recommendation that the angled parking at the entrance off Crossley Road be deleted and provide a minimum of C7 12 feet of landscaping on both sides of the driveway. rn On August 20, 2007, the Architectural Advisory Committee (AAC) reviewed the revised C project plans and by a vote of 6-0 recommended approval to the Planning Commission. rn BACKGROUND AND SETTING h The proposed project site is approximately 3.8 acres of vacant Indian land located on 0 the west side of Crossley Road approximately 130 feet north of Sunny Dunes Road - The subject property is surrounded by existing and future commercial uses. To the north of the site, is the Wal-Mart parking lot, Pel-Smart and Bank of America; to the east is Crossley Road and undeveloped land and to the west is the existing Wal-Mart. The rn parcel to the south is the storm water retention pond for the Wal-Mart development. Z There are existing streets and sidewalks to the north, south and east of the proposed site. —I The project area is a rectangular shaped lot with proposed access along Crossley Road to the east and Sunny Dunes Road to the south. The proposed project will consist of four detached buildings, totaling approximately 39,535 square feet of retail and approximately 14,587 square feet of office. The site design includes pedestrian walkways and parking spaces that are evenly distributed within the site. W ANALYSIS —1 General Plan and Zoning The General Plan designation of the site is IND (Industrial); the zoning designation is 0. W-M-1 (Service/manufacturing). General Plan Policy 3.30-6. States... 'Allow for the development of storage, distribution, assembly, service commercial and research office facilities". 000033 Planning Commission Staff Report September 12 2007 Case' 6.1164 — PDD 343 Page 3 of 8 The proposed retail commercial and office complex is consistent with the above General Plan policy. r Pursuant to Section 92.17.01(A)1. Of the Palm Springs Zoning Code, all uses permitted "C-1", "C-2", "C-M" in the and and "M-1-P" zones are permitted in the M-1 zone. Retail commercial uses and offices are listed as permitted uses in the C-1 zone, therefore; the Z proposed uses are permitted in the M-1 zone. Z Table 1: Surrounding land uses, General Plan, Zoning m Land Use General Plan Zoning 0 Site Vacant IND (Industrial) W-M-1 (Service Manufacturing) North Wal-Mart parking IND (Industrial) W-M-1 (Service Manufacturing) lot, bank and pet shop O East Crossly Road and IND (Industrial) W-M-1 (Service Manufacturing) M undeveloped South Storm water IND (Industrial) W-M-1 (Service Manufacturing) C retention pond M West Commercial / Retail IND (Industrial) W-M-1 (Service Manufacturing) (Wal-Mart) r O Development Standards: W0 The W-M-1 zone establishes property development standards for all new development detailed in Table 2 below. m Table 2: Property Development Standards of the W-M-1 Zone Lot Area Lot Width Lot Depth Building Height Buildinq Coverage Landscape Coverage Front Yard Setback: Side and Rear Setbacks W-M-1 (Service Industrial) Proposed Project Minimum lot size; 60,000 ft. 3.8 acres _ 200 feet Approximately 365 feet 200 feet Approximately 415 feet Not greater than 40 feet. Varies in height from 28 Buildings in excess of 30 feet to 40 feet feet shall setback 1 foot from any property line for every 1 foot of vertical rise. W-M-1 (Service Industrial) Proposed Project 160% 22% No Minimum Requirement 10% 25 Varied See Below Equal to the vertical height See Below when height exceeds 30 feet. 000034 Planning Commission Staff Report Case: 5.1164 — PDD 343 Planned Development District September 12, 2007 Page 4 of 8 Under the provisions of section 92.17.03 (C.) 1. of the Palm Springs Zoning Code (PSZC), any portion of buildings in excess of 30 feet shall setback one foot from any property line for every one foot of vertical rise. The proposed buildings vary in height from 24 feet to 40 feet and the applicant is requesting the Planned Development to establish specific design standards relating to building setbacks as shown in Table 3 below: Table 3: Property Setback Standards Building Identity Building Height "A" Varies from 28 feet to 31 feet. M ,tc„ Varies from 28 feet to 40 feet. Varies from 28 feet to 33 feet. Varies from 24.5 feet to 33 feet Required Setback 31 feet from western and northern property lines. 31 feet to 40 feet from northern property line. 25 feet to 33 feet from the northern property line and Crossley Road. 25 feet to 33 feet from Crossley Road. Proposed Setback 30 feet from western property line and 18 feet from the northern property line. 18 feet from northen property line. 18 feet from the northern property line and 21 feet from Crossley Road. 21.83 feet from Crossley Road. The applicant is requesting that the Planning Commission approve the above setbacks as part of the Planned Development District_ Site Plan The proposed site is an approximately 3.8-acre parcel basically flat and devoid of any vegetation located at the northwest corner of Crossley Road and Sunny Dunes Road_ As designed, the site plan will consist of four structures totaling approximately 39,535 square feet of retail and 14,587 square feet of office space. The site will be accessed from Crossely Road (the main entrance) and Sunny Dunes Road with circulation being accomplished by a ring road that feeds all parking areas of the site. The pedestrian circulation pattern provides for handicap ramps and walkways for easy access to all of the buildings. There is one loading space provided for the major tenant store "A". The project proposes to landscape the perimeter of the site; no fencing or walls are proposed. Storm water retention will be handled by a retention basin in the northwest corner of the site and by an underground system at the southern portion of the property. 000035 M r a z z M O v m C M r O TJ M z A W n Planning Commission Staff Report September 12. 2007 Case? 6.1164 — PDD 343 Page 5 of 8 Access: TJ There are two points of access to the proposed mixed use development: Crossley r Road; the main entrance, with a right turn in and out and a left in only. Sunny Dunes a Road, provides for a right turn in and out and a left turn in and out movements. Delivery trucks going into the shopping center will do so through the two points of access. Z Architecture and Landscaoina: Z m The proposed architectural design harmonizes with the existing Walmart shopping center, by taking design cues from various architectural details and building proportions. Volumes and planes, arranged in a linear, orthogonal manner, set a contemporary tone for each of the buildings. The use of glass curtain walls, multi -banded split -face CMU block, and a stucco color palette (all in desert tones), elevate the buildings' aesthetic to reflect the upscale tenant the applicant plans to attract. m In a gesture toward the projects' second story office use, the two story building (Building C B), adds a central entry stair and elevator lobby, open to at each end. The lobby design allows natural light to enter from both North and South entry facades, as well as from M transom windows above. Each office suite offers plenty of natural light and views of the r mountains to the south and north. Various overhangs, and recessed window openings help control direct sunlight, yet allow daylight to effectively penetrate the building. Q Skylights installed above the inner corridor offer daylight to penetrate this typically dark 0 area_ Z Finally, the landscape design blends harmoniously with the desert aesthetic by using drought tolerant planting materials, m Z Parking The parking ratio outlined in Section 93.06.00 D. 19. of the Zoning Code requires one parking space for every two hundred fifty square feet of Floor area devoted to office use and one parking space for every 300 square feet of retail space. Based on this requirement, a total of 192 parking spaces are required. The applicant has designated O 192 parking spaces, which consists of 45 compact spaces and 8 handicap spaces. A letter dated July 26, 2007 from the owner of the Wal-Mart property (copy attached) N indicates there are no reciprocal parking easements in favor of the proposed project. " 1 REQUIRED FINDINGS X Planned Development District 0 —I Findings can be made in support of establishing the proposed Planned Development District as follows: 000039 Planning Commission Staff Report September 12 2007 Case: 51164 — PDD 343 Page 6 of 8 a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed request is consistent with the General Plan, specifically Objectives 3.10 and 3.13 as they relate to intermixing commercial and office uses. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of a mixed use development. The location is relatively flat and in close proximity to the intersection of a secondary road and a major thoroughfare- C . The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The establishment of the proposed planned development district is necessary to provide commercial and office spaces. This project is a continuation of the existing commercial uses to the north and west designed to serve the everyday needs of the residential area. 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, The subject site is located along the west side of Crossley Road (Secondary Thoroughfare) just south of East Ramon Road (Major Thoroughfare). The existing road net work is designed for commercial and industrial development. ARCHITECTURAL REVIEW GUIDELINES: Pursuant to Section 94.04.00 of the Zoning Ordinance, Staff has reviewed the project in light of the Architectural Review Guidelines, as follows: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Access throughout the proposed project is designed according to the requirements of the Uniform Building Code and ADA rules, including accessible pathways, handicapped parking spaces and vehicular access. The buildings are oriented on the site in a balanced manner to allow for a good traffic flow pattern. The pedestrian circulation pattern provides for handicap ramps and walkways for easy access to all of the buildings. MW M C m r O V M Z �Wj Cn M 0 000037 Planning Commission Staff Report September 12, 2007 Case, 6.1164 — PDD 343 Page 7 of 8 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; r The proposed architectural design harmonizes with the existing Walmart shopping center, by taking design cues From various architectural details and building proportions. Z Volumes and planes, arranged in a linear, orthogonal manner, set a contemporary tone Z for each of the buildings. The use of glass curtain walls, multi -banded split -face CMU block, and a stucco color palette (all in desert tones), elevate the buildings' aesthetic to M reflect the upscale tenant the applicant plans to attract. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The building is proposes various heights from 24 feet to 40 feet which is consistent with M the General Plan and Zoning. The Planned Development establishes setbacks that compliment the varying heights of the buildings. The parapet screening wall will conceal any mechanical equipment_ M 4. Building design, materials and colors to be sympathetic with desert surroundings, r AND 0 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures, which are visible simultaneously The proposed architectural design harmonizes with the existing Walmart shopping m center, by taking design cues from various architectural details and building proportions. Z Volumes and planes, arranged in a linear, orthogonal manner, set a contemporary tone for each of the buildings. The use of glass curtain walls, multi -banded split -face CMU { block, and a stucco color palette (all in desert tones). 6. Consistency of composition and treatment; v The building is consistent in style, colors and design features to the adjacent Walmart and other buildings to the north of the site. The buildings are oriented to compliment the slightly rectangular shape of the site. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Ci The landscape design blends harmoniously with the desert aesthetic by using drought tolerant planting materials, CONCLUSION .• ODD038 Planning Commission Staff Report Case- 5.1164 — PDD 343 September 12, 2007 Page 8 of 8 The project is consistent with the land use and development standards of the applicable V zone and has received a recommendation of approval from the Architectural Advisory r Committee. Staff is recommending approval of Case No. 5.1164 Planned Development District 343 subject to the attached conditions of approval. Z ENVIRONMENTAL ASSESSMENT Z The project qualifies as a Categorical Exempt development pursuant to Section 15332 R1 In -Fill Development Projects of the California Environmental Quality Act. NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 square feet radius of the subject property/adjacent property owners. As of the writing of O this report, staff has not received any comment. M 'Fred Lowndes 4Direof wing, PAssociate Planner Pla ingl Services r ATTACHMENTS 0 TJ 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval m 4. Reduced Site Plan and Elevations Z 5. Letter dated July 26, 2007 from Stanley Rothbart 6. Landscape Covenant Agreement Lw, C1) 0 000039 Department of Planning Services w w °v Vicinity Map s I Y C wo RAROcaA WSKYRa W OR I i G II SJNNY OONEB Rp- _ .. .. Y I ----- -- RIO BIANCO RO---~ Legend I ® Project site 500' Radius -- ..- wowN sRIN�s Ro � �I 5urrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1164 PD 343 DESCRIPTION: To construct a mixed -use development consisting of four detached buildings, APPLICANT: Crossley Partners, LLC totaling approximately 39,535 square feet of retail and approximately 14,587 square feet of office space on an approximately 3.8-acre site located at the northwest corner of East Sunny Dunes Road and Crossley Road. APN: 680-170-062. 000040 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROJECT ARCHTECTURE FOR CASE NO. 5.1164 AND RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNED DEVELOPMENT DISTRICT 343 FOR THE CONSTRUCTION OF A MIXED USE DEVELOPMENT COSISTING OF APPROXIMATELY 39,353 SQUARE FEET OF RETAIL COMMERCIAL AND 19,087 SQUARE FEET OF OFFICE, ZONE M-1, SECTION 20. WHEREAS, Crossley Partners, LLC (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, Case No. 5.1164- PD - 343 for the construction of four detached buildings, totaling approximately 39,535 square feet of retail and approximately 19,087 square feet of office space.; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1164 — PD 343 was given in accordance with applicable law; and WHEREAS, on September 12, 2007 a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, The project qualifies as a Categorical Exempt Development pursuant to Section 15332 In -Fill Development Projects of the California Environmental Quality Act; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the Planning Commission makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed request is consistent with the General Plan, specifically Objectives 3.10 and 3.13 as they relate to intermixing commercial and office uses. 000041 b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of a mixed use development It is relatively flat and located in close proximity to the intersection of a secondary road and a major thoroughfare. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The establishment of the proposed planned development district is necessary to provide commercial and office uses, design concepts and development standards. This project is a continuation of the existing commercial uses to the north and west and is to serve the everyday needs of the residential area. 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; The subject site is located along the west side of Crossley Road (Secondary Thoroughfare) just south of East Ramon Road (Major Thoroughfare). The existing road net work is designed for commercial and industrial development. ARCHITECTURAL REVIEW GUIDELINES: Pursuant to Section 94.04.00 of the Zoning Ordinance, Staff has reviewed the project in light of the Architectural Review Guidelines, as follows: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Access throughout the proposed project is designed according to the requirements of the Uniform Building Code and ADA rules, including accessible pathways, handicapped parking spaces and vehicular access. The buildings are oriented on the site in a balanced manner to allow for a good traffic flow pattern. The pedestrian circulation pattern provides for handicap ramps and walkways for easy access to all of the buildings. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The proposed architectural design harmonizes with the existing Walmart shopping center, by taking design cues from various architectural details and building proportions. Volumes and planes, arranged in a linear, orthogonal manner, set a contemporary tone for each of the buildings. The use of glass curtain walls, multi -banded split -face CMU 2 000042 block, and a stucco color palette (ail in desert tones), elevate the buildings" aesthetic to reflect the upscale tenant the applicant plans to attract. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment, The building is proposes various heights from 24 feet to 40 feet which is consistent with the General Plan and Zoning. The Planned Development establishes setbacks that compliment the varying heights of the buildings. The parapet screening wall will conceal any mechanical equipment. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures, which are visible simultaneously, The proposed architectural design harmonizes with the existing Walmart shopping center, by taking design cues from various architectural details and building proportions_ Volumes and planes, arranged in a linear, orthogonal manner, set a contemporary tone for each of the buildings. The use of glass curtain walls, multi -banded split -face CMU block, and a stucco color palette (all in desert tones). 6. Consistency of composition and treatment The building is consistent in style, colors and design features to the adjacent Walmart and other buildings to the north of the site. The buildings are oriented to compliment the slightly rectangular shape of the site. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; The landscape design blends harmoniously with the desert aesthetic by using drought tolerant planting materials, NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves PD 343 and the project architecture, and recommends that the City Council approve PD-343 for the construction of four detached buildings, totaling approximately 39,535 square feet of retail and approximately 19,087 square feet of office space ; 000043 ADOPTED this 121h day of September, 2007_ AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services 000044 EXHIBIT A PLANNING COMMISSION CONDITIONS OF APPROVAL 5.1164 — PDD343 Crosse Pointe Northwest Corner of Sunny Dunes Road and Crossley Road 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. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1164 — PDD 343. 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 falls to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 000045 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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 $1,800.00 plus $64.00 recording fee is required. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall be in the form of a money order or cashier's check payable to Riverside County. 5. This project shall be subject to Chapters 2.24 and 3,37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of $631, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developers compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CULTURAL RESOURCES 9. 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. FINAL DESIGN 10. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community racilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 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 the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 12. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon 3 000047 demonstration of good cause. . 13. 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. 14. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 15, Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 16. 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. IT Separate architectural approval and permits shall be required for all signs. 18. All materials on the flat portions of the roof shall be earth tone in color. 19. All awnings shall be maintained and periodically cleaned. 20. 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. 21. 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. 22. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00. D_ 4 23. 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. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 27. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 28. 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. 29. 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. 30. The applicant shall provide all tenants with Conditions of Approval of this project. 31. Loading space facilities shall be provided in accordance with Section 93.07,00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 32. 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 33. Handicapped accessibility shall be indicated on the site plan to include 5 ' 000049 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. 34. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 35. 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. 36. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb Face. 37. Islands of not less Lhan 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. 38. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 39. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 40. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) Feet wide. 41. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 42. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code, BUILDING DEPARTMENT 43. Prior to any construction on -site, all appropriate permits must be secured- 6 000050 FIRE SITE PLAN: 44. All new curb ramps that intersect with vehicular traffic serving this development shall provide detectable warnings in the form of truncated domes to comply with CBC 1127B.5.8. 45. The site plan indicates pedestrian walkways contiguous to Crossley Road that include ramps as well as curb ramps. All ramps shall comply with CBC 1133E in terms of running slope (8.33% max.) and cross slope(2.0% max.), width requirements ( 48 inches minimum measured form handrail to handrail), handrails, and level landings at both the top and bottom or the ramp. The bottom area of each ramp shall provide a minimum 72 inch long level landing area. This is especially important since these ramps lead into curb ramps that lead into vehicular traffic areas. 46. All locations on the plan designated as "articulated paving" shall comply with CBC 113313.7.1 and be made of a material that is stable, firm and slip resistant. The use of decorative pavers that create a "cobble stone" affect shall not be applied as they present a hazardous environment for wheelchair users. 47. The disabled parking space located next to the "MAJOR "A" building will need to provide a minimum 5 foot wide access aisle on the passenger side of this parking space. The site plan indicates a 5 food aisle on the driver's side which leads up to a curb ramp. 48. All Disabled parking spaces shall provide appropriate signage to comply with CBC 1129B.5. 49. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version 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. 50. 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. VA 000051 51. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 52. Minimum Access Road Dimensions: Maintain minimum of 24' width in the parking area for fire department access. 53, 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. 54. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance for both buildings. 55. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 56. 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. 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 8 000052 57. Required Signs: All fire sprinkler valves shall have a permanently affixed sign indicating the valve function and area served. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). 58. 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 CFO) 59. 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. 60. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 61. Fire Alarm System: Fire Alarm System is required and installation shall comply with the requirements of NFPA 72, 62. 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) 63. 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) 9 000053 64. 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) 65. Fire Flow: Fire flow with the installation of fire sprinklers is estimated at: • Major "A" 9,430 sq ft = 1500 GPM • Major "B" 33,062 sq ft = 1500 GPM • Shops "C" 8,100 sq ft = 1500 GPM • Retail "D" 6,412 sq ft = 1500 GPM 66. 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) 67. 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. 68. Road Design or parking lot surface: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) Driveway turnarounds shall have inside turning radius of not less than 30 feet and outside turning radius of not less than 45 feet. 69. Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) 70, 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. (902.22.1 CFC) 10 000054 71. 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. Construction site Securitv and Protection: 72. 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) 73. Fire Apparatus Access Gates: Entrance gates shall have a clearwidth of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 74. 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). 75. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) ENGINEERING STREETS 76. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 77. 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. 78. 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, I 000055 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. 79. When public dedications of easements or rights -of -way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights -of -way are "without limitation as to tenure"; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted. Term easements may only be accepted by the City Engineer, if prior to final map approval, the City Council establishes a formal policy for acceptance of term easements, and the applicant complies with the provisions of such policy, including payment to the City of any fees, deposits, or other securities necessary to acquire a future public easement. 80. Upon completion of required improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant shall prepare for the City Engineer's approval, an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of Completion shall be provided to and approved by the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. CROSSLEY ROAD 81. Remove the existing street improvements as necessary to construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, The centerline of the driveway approach shall be located approximately 320 feet north of the centerline of Sunny Dunes 12 000058 Road as shown on the approved site plan. Left -turn egress shall be prohibited; the driveway access shall be revised to eliminate the eastbound left -turn exit lane. 82. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 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. 83, Remove existing pavement as necessary to construct a raised median island along the entire Crossley Road frontage from Sunny Dunes Road to the southern Walmart driveway access, as approved by the City Engineer. Provide a restricted access median opening across from the project access on Crossley Road; a directional median opening shall be constructed to allow northbound left -turn ingress; provide a small "pork chop" island at the project access that would provide a channelized eastbound right -turn lane, while restricting eastbound left -turn egress from the driveway access. Provide a 50 feet long northbound left -turn pocket at the project entrance, with a 60 feet long bay taper; provide a 100 feet long northbound left -turn pocket at the southern Walmart entrance, with a 60 feet long bay taper; and provide a 100 feet long southbound left -turn lane, with a 60 feet long bay taper, at the intersection of Crossley Road and Sunny Dunes Road. Median bay tapers lengths may be increased to 90 feet if approved by the City Engineer. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 84. The raised median shall be constructed with decorative hardscape, decomposed granite and boulders, stamped concrete, or other materials, as approved by the City Engineer and the Director of Parks and Recreation. 85. All broken or off grade street improvements shall be repaired or replaced. SUNNY DUNES ROAD 86. Remove the existing street improvements as necessary to construct a 24 feet wide driveway approach in accordance with City of Palm Springs 13 000057 ON -SITE Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 460 feet west of the centerline of Crossley Road as shown on the approved site plan. It will be a full - access driveway_ 87. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 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. 88. All broken or off grade street improvements shall be repaired or replaced. 89. A non-exclusive 30 feet wide access right-of-way (recorded as Instrument No. 2004-1034352) exists benefiting the Walmart shopping center. Appropriate access from the Walmart shopping center across the project site shall be provided for operation and maintenance of the adjacent stormwater retention basin located on APN 680-170-061, The applicant shall provide the City Engineer with concurrence from the adjacent property owners of on -site improvements providing the required access. 90. The minimum pavement section for all on -site pavement shall be 2Y2 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 91. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 92. All on -site sewer systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the on -site 14 sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 93. The on -site private sewer system shall collect sewage from the development and connect to the existing public sewer system with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on -site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Commercial projects may construct private sewer systems to other approved City standards (i.e. Uniform Plumbing Code) upon approval by the City Engineer. Sewer manhole covers shall be identified as "Private Sewer A profile view of the on -site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on -site sewer mains, i.e. building sewers and laterals from the buildings to the on -site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 94. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive 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 15 000059 Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 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 Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 95. Prior to issuance of a grading permit, the applicant shall provide verification to the City that the $2,731.00 per acre fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP). 96. 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 (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907), 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. 97. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 98. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWG! as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346- 7491). A copy of the executed letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. 99. 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. 16 100. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 101. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imparted 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 (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 102. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer, shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Wessman Development Walmart Center Palm Springs, prepared by A/E Sanborn, Inc_ dated July, 2007- Final on -site underground retention pipe sizing, catch basin sizing, and other specifications for construction of required on -site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 103. The existing off -site stormwater retention basin located on the property identified by APN 680-170-061 shall not be used for release of on -site stormwater runoff from this site. All on -site stormwater runoff shall be detained on -site as required by the City Engineer. 104. Direct release of on -site nuisance water or stormwater runoff shall not be permitted to Crossley Road or Sunny Dunes Road. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 17 000061 105. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. 106. Construct storm drain improvements, including but not limited to catch basins, storm drain lines and underground retention system, for drainage of on -site stormwater runoff into the on -site underground retention system, as described in the Preliminary Hydrology Study for Wessman Development Walmart Center Palm Springs, prepared by A/E Sanborn, Inc. dated July, 2007. The hydrology study for this development shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. 107. All on -site storm drain systems shall be privately maintained by the owner(s) of the development. Provisions for maintenance of the on -site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 108. The proposed underground retention system shall be installed on -site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention system shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Commercial Shopping Center, including reference to the fact that maintenance and/or replacement of the system may require removal of existing asphalt concrete pavement at the sole expense of the Commercial Shopping Center. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the Commercial Shopping Center and require its repair or replacement to the satisfaction of the City Engineer. 109. 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 is 000062 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. 110. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $0,212.00 per acre per Resolution No. 15189, Fees shall be paid prior to issuance of building permits. GENERAL 111. 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 addilional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, al 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. 112. 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 19 000063 TRAFFIC Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) 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. 113. All proposed utility lines shall be installed underground. 114. 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. 115. 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. 116. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) 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. 117. 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. 118. 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. 119. As determined by the Crosse Pointe Traffic Impact Study submitted by Endo Engineering (as amended on July 31, 2007), traffic mitigation 20 0000G4r measures are required. For each item identified below, the applicant shall provide a conceptual geometric plan of the intersection improvements, identifying existing and future improvements, and any necessary right-of-way acquisition. The applicant shall submit an estimate for the cost to construct the required improvements, including associated relocation/modification of existing traffic signal improvements and acquisition of additional right-of-way (if necessary), for review and approval by the City Engineer. The following mitigation measures will be required prior to issuance of a building permit: a) Pay a fair share proportion of 1.74% of the cost to add a second northbound left -turn lane, a second southbound left -turn lane (in conjunction with north/south left -turn signal phasing), and restripe westbound right -turn lane to a through lane, at the intersection of San Luis Rey Drive and Ramon Road. b) Pay a fair share proportion of 3.40% of the cost to add a northbound left -turn lane, and a northbound right -turn lane at the intersection of Crossley Road and Ramon Road_ c) Pay a fair share proportion of 4.07% (or $8,140) of the cost to signalize the intersection of Gene Autry Trail and Mission Drive. d) Pay a fair share proportion of 9.10% (or $18,200) of the cost to signalize and to restripe the intersection to provide east/west left - turn lanes at the intersection of Gene Autry Trail and Sunny Dunes Road. e) Pay a fair share proportion of 15.61% (or $31,220) of the cost to signalize and restripe the intersection to provide a northbound left -turn lane and a shared through/right-turn lane at the intersection of San Luis Rey Drive and Sunny Dunes Road. f) Pay a fair share proportion of 4.42% (or $8,840) of the cost to signalize as well as widen and realign the intersection to provide north/south through lanes at the intersection of San Luis Rey Drive and Dinah Shore Drive. g) Pay a fair share proportion of 12.78% (or $25,560) of the cost to signalize and restripe the intersection to provide a northbound left -turn lane, restripe a southbound left -turn lane, and to restripe an eastbound left -turn lane, at the intersection of Crossley Road and Sunny Dunes Road. 21 000065 h) Pay a fair share proportion of 7.47% to add a northbound through lane, and add a southbound through lane at the intersection of Crossley Road and Dinah Shore Drive. i) Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the two driveway access points on Crossley Road and Sunny Dunes Road, in accordance with City of Palm Springs Standard Drawing No. 620 through 625. j) Install traffic striping and signage improvements to provide a two- way left turn lane on Sunny Dunes Road along the project Frontage. 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. 119. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Crossley Road and Sunny Dunes Road frontages of the subject property. 120. 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. 121. 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. 122. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS �� a000ss < muvoe MAJOR W ,Yqm4r BU ]D PROJECT DATA rMI.413 4 F Or... ILI Fa '.raUW$ I.Wa ]or +raaewn '1311... FIRST FLOORS SITE PLAN C> Cr> j — I (E) WAWART PARKING LOT ,SHOPS -9 SHOPS v 1L L: 171 ="Lof - SUNNY DUNES ROAD CO F. L au U) YL c) e D. 0 E LU In A1.0 .... v&-j I -- SOUTH ELEVATION OLD G. A. B. C - �ddmpk— EAST ELEVATION BLDG. A NORTH ELEVATION 8 L M C NORTH ELEVATION BLDG. B WEST ELEVATION BLDG. B I WEST ELEVATION BLDG. A NORTH ELEVATION BLDI MMrprlf�, IA EAST ELEVATION BLDG. R i� 0 T A if T I:wly 26 2007 Carol Templeton v14y, L, Palm Yluly.�? 3200 East Tahquitz Way Palm Springs, CA, 92626 Re: SWC & Crossley/ Sunny Dune `r`r123Sr�w:1 �:etop,�l-c :t Offla EMOM 12117 AVEMT OI• 'Y1-I2 %"[Ai:q L 0 S A N G 1- lF: :+. CA n .1 0i R - i i q--•.• p] Y M F'AX • 27' • h389 Thank you for the site and grading plan provided to us for review and comment Please note the following: 1. What is the zoning for the property? 2- It appears thet the front doors to Shop B are facing the Wal-Mart parking lot. This orientation assumes that the Wal-Mart parking lot is available io be used for 'u'rtS iniiiu'ing. It is rot T hG,C alc ilu reciprocal parking easements in favor of the applicant's project. Shop B front doors need to face south. 3. Recorded easements require a continuous landscape island, at least o feet in width, aiong ine enure noiji piopeiiy line. T l;e purpose is to restrict pedestrian traffic. A &np Ii nY'c ,..p 1 ratla tw ssuctal Inrwfinng denoted'denoted'"actin r1 fP _., paving at grade" are clearly designed to accommodate pedestrian traffic from the Wai-Mart parking iot to Shop EL This type of pedestrian access is not permitted. t:'w $ :^Fsq=r 4h"IS ' erc we ayof them) 1r the north side of Shop 6- 6- Building set back requires 25 feet. It does not appear that this setback in maintained along the northerly property line. 7. How is the drainage handled for this project'? it appears, that there are portions of the oroiect that appear to be draining into our Detention Basin, which is not permitted 000069 D E V E L 0 P N1 E IN, T {1. -ieasC'P,;,:irNC-copy Ls1 cllF]GtM J lw4iSu trwt Fra non confirm that the storm drainage does not flow onto our property or in the detention basin. 9. Please confirm that our access to the Detention basin will be rrfalnlatneCr. t[ is i'x7i icti i ied, ill uic plan }`nitV,U 10. We are reviewing grading plans with our engineer and will provide fr FAe_r rnmmant after review. Sincerely. a Stanley Rothbart SG W jcm 000070 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Destination Ramon, LLC c/o Stanley G. Rothbart 1801 Avenue of the Stars, Suite 920 Los Angeles, CA 90067 [Spy Above rids lane f' RecartleYs Ul Only] LANDSCAPE COVENANT AGREEMENT This Landscape Covenant Agreement ("Agreement') is executed as of this -lay of �c t�-v 2004, by and among American Realty Trust, Inc, a Georgia corporation ("American Realty', GH A Holdings, III, Inc., a California corporation ("GHA"), and Destination Ramon, LLC, a California limited liability company ("Destination Ramon'. RECITALS WHEREAS, American Realty -is the master groundlessee of certain real property located in the City of Palm Springs, County offEvemde, State of California, as depicted on the site plan, attached hereto as Exhibit "A", and incorporated herein by reference ("Site Plan"), and as more fully described on Exhibit `B", attached hereto and incorporated herein by reference ("Part A Property ), pursuant to that certain Business Lease between American Realty and Germaine Pico Arenas ("Master Lessor"), originally dated April 10, 1978, as amended by that certain Second Amendment to Business Lease entered into as of May 6, 2004 by and between Master Lessor, as successor -in -interest to Richard Brown Arenas, Allottee No. PS-1, and American Realty ("Part A Master Lease'); WHEREAS, Destination Ramon is the master groundlessee of certain real property located in the City of Palm Springs, County of Riverside, State of California, as depicted on the Site Plan, and as more fully described on Exhibit "C", attached hereto and incorporated herein by reference ("Part B Property"} pursuant to that certain Amended and Restated Lease entered into as of May 6, 2004 by and between Master Lessor and American Realty ("Part B Master Lease % which Part B Master Lease has been assigned by American Realty to Destination Ramon ("Destination Ramon Assigament'�; WHEREAS, American Realty subleases the Part A Property to GL1A. ('rjHA Sublease"); Mr-1 WHEREAS, in connection with the Dcstination Ramon Assignment, American Realty agreed to establish certain landscape covenants, which covenants shall be appurtenant to the Part B Property, and GFiA is wilting to consent thereto and to subordinate its subleasehold interest to the covenants hereby established. -1- t+:�w�aowvoubc�F-�a:e.xca�u,m�a 000071 b PART A PROPERTY e -� _ - - _ - ---------==fs. PART 0 _ PROPERTY SITE PLAN DRC ��rda rt Yerr Caadtuhy Ire s � WPM PALM SPRINGS, CALIFORNIA � . "U' (�) �-' 41 EXHIBIT "A" 000072 r OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Landscape Covenant. American Realty hereby covenants and agrees, that upon development of the Part A Property, American Realty shall install, or cause to be installed, landscaping at least six (6) feet wide along the entire north perimeter of the Part A Property in the area generally depicted on the Site Plan as "Landscape Island" ("Landscape Island"), and to thereafter continuously maintain such Landscape Island including, without limitation, weeding, trimming, watering and making any necessary replacements of plant material_ The Landscape Island shall be similar in design, quality and plant materials to the landscaping installed on the Part B Property. The Landscape Island shall be constructed immediately adjacent to the border of the Part B Property, and if a sidewalk is constructed on the Part 9 Property, the Landscape Island shall abut such sidewalk. 2. Anourtenant Property. The covenants establisbed hereunder shall be appurtenant to the Part B Property, and shall run to and for the benefit of Destination Ramon, and its successor and assigns. 1 Comotianee with Section 146$. The covenants set forth in this Agreement are intended to satisfy the requirements of California Civil Code §1468, and thereby establish covenants running with the land, binding upon the lessees of the Part A Property and American Realty and GHA, as groundlessee and sublessee, respectively, of the Part A Property, and their respective successors, assigns and transferees. Consequently, the parties hereto fiirther agree that (a) the Part B Property is benefited, and the Part A Property is burdened, by the covenants set forth in this Agreement; (b) despite any provision in this Agreement to the contrary, all references in this Agreement to American Realty and/or GHA shall be deemed to refer to the groundlessee and/or sublessee of the Part A Property, or their respective successors in interest as to the Part A Property; and all references in this Agreement to Destination Ramon shall be deemed to refer to the groundlessee, lessee and/or sublessee of the Part B Property, or its respective successors in interest; (c) the successors and assigns of American Realty and GHA, as groundlessee and sublessee, respectively, of the Part A Property, are bound and benefited, and the successors and assigns of Destination Ramon, as groundlessee and/or any sublessee of the Part B Property, are bound and benefited, as applicable, by this Agreement; (d) the provisions of this Agreement relate to the use, maintenance or improvement of the Part A Property and Part B Property; and (e) this Agreement shall be duly recorded with the County Recorder of Riverside County, State of California. 4. Subordination. American Realty and GHA hereby agree that the Part A Master Lease and Sublease and any and all modifications and amendments thereto are, and shall remain, subject and subordinate to this Agreement_ _2_ N:,WSWDOD-W�-ly a cooe t wkf Cagy he 000073 Miscellaneous. (a) The illegality, invalidity or unenforceability of any term, condition or provision of this Agreement shall in no way impair or invalidate any other term, condition or provision of this Agreement, and all such other terms, conditions and provisions shall remain in full force and effect. (b) This Agreement construed and enforced in accordance with the laws of the State of California (c) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, together, shall constitute one and the same instrument. (d) This Agreement may not be amended, waived, terminated or discharged, except by an instrument, in writing, executed and acknowledged by the parties hereto, and recorded with the County Recorder's Office of Riverside County, California. (e) This Agreement and each term, covenant, restriction, and undertaking of this Agreement will remain in effect until the expiration of the Part B Master Lease, unless this Agreement is terminated, in writing, pursuant to subsection (d) above. W All exbibits attached hereto are incorporated herein by this reference and made a part hereof. (SIGNATURES ON NEXT PAGE] -3- NlW5svl000VaxjFas[m[rc-L.k aCaveuq w-- OOOO IN WITNESS WHEREOF, American Realty has executed this Agreement as of the date first above written. �luTCaT7�i7: ► AMERICAN REALTY TRUST, INC., a Georgia Corporation By:�!%! Its—SrieE_i�R :CU "GIiA„ GHA HOLDINGS, III, INC., a Califomia By: 7 Its: "DESTINATION RAMON" DESTINATION RAMON, LLC, a California limited liability company By: Yda Enterprises, Inc., a California I/ti on, its managing member By: Its: _4_ x iwsm�ooames w��-�,^�•" corawnly-vx6r�w[n�.wm W2z 000075 STATE OF COUNTY OF `�n S On -30 2004, before me,, the undersigned, a No -, Public in and for said County and State, personally appeared Imo_. '' r\ �. l� ilc� , / c c J"< personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instnument WITNESS my hand and official seal. STATE OF l^ k C "'? i 'L j;.- 1 1 f � COUNTY OF I I Notary Public V':;'i 1570 7E L GN."A�lJIC.'C 'iYI'n On 1E - f Z -Dc , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me or proved to me on tW basis of S4Ctory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instn mcztL WITNESS my hand and official vial seal, loYary Public �;�^=�^ '•----� - ice' GNA T. GCNZA,ES 5 G - "'q❑ Commission 4 1459367 z Nofwy Public -• Colifurn[o Nversiae Ccuniy My Comm. E> pires Dec 30, 20 ? y+';,-,c•«—V...a+rvc:r��f-'q's'r�^51YCSh."+' x �wssowoa���,x-w+�=n coKnrw.wK�� cow•,_ um � STATE OF z 1 COUNTY OF On "ai:,. Le, Z O , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me or proved to me on the basis of sagsfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h&their authorised capacity(ies), and that by his/her/their siguature(s) on the instrument the penson(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal- L Notary Public -• L t_'� rr0'nfM1laflolj' 325FS2 &- 000077 N kw59ow0o�Dpell.,aea-4O'l1e+W o.¢.�ttiadfnp. Cmm,rR pR aue LEGAL DESCRIPTION OF PART A PROPERTY All that certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: PARCEL & OF PARCEL MAP NO.30745 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 15, 2004, AND FILED IN PARCEL MAP BOOK 210, AT PAGES 31 THROUGH 32, IN THE OFFICIAL RECORDS OF SAID COUNTY. E7�iIBlT "B>, 000078 LEGAL DESCRIPTION OF PART B PROPERTY All that certain real property located in the City ofPahn Springs, County of Riverside, State of California, more particularly described as follows: PARCELS I THROUGH 7 OF PARCEL MAP NO. 30745 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA., RECORDED OCTOBER 15, 2004, AND FILED IN PARCEL MAP BOOK 210, AT PAGES 31 THROUGH 32, IN THE OFFICIAL RECORDS OF SAID COUNTY. EXHIBIT "C" 000079 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: October 3, 2007 Subject: CASE 5.1164 PD 343 - CROSSLEY PARTNERS AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 20, 2007, in a sealed envelop, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (23 notices mailed). I declare under penalty of perjury that the foregoing is true and correct. Y-�4e _ Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 20, 2007. I decllAre under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing will be published in the Desert Sun on September 22, 2007. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk rrrr:r 1 Parcel: 680-170-041 Site: Owner: USA 680 Mall: 'WASHINGTON PC 21401 Use; VACANT COMMERCIAL Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: Imp: 0 ' #Units: Ph: Rms: Beds: Baths: Ltsz:46-22 A Tr/BI/Lot: - - - Lender: Loan: Loan/Rate Type: - Parcel: 680-170-051 Site: Owner: USA 680 Mail; Use: Zn: Xmpt: Sale: Date: Dac: Yb: Sqft: Asd: Imp: 0 � #Units: Ph: Rms: Beds: Baths: Ltsz: 24.69 A Tr/BI/Lot: Lender: Loan: Loan/Rate Type: 3 parcel: 680-170-052 Site: Owner: USA 660 Mail: Use: Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: Imp: 0h #Units: Ph: Rms: Beds: Baths: Ltsz:12.71 A Tr/BI/Lot: - / - Lender: Loan: Loan/Rate Type: 4 Parcel: 650-170-055 Site: Owner: USA 8 fA Mail: Use: Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: lmp: 0% #Units: Ph: Rms: Beds: Baths: Ltsz; 22.00 A Tr/BI/Lot: Lender: Loan: Loan/Rate Type: 5 Parcel: 680-170-060 Site: Owner: USA BIA Mail: Use: Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: Imp: 0% #Units: Ph: Rms: Beds: Baths: Ltsz: 1,90 A Tr/BI/Lot: - - Lender: Loan: Loan/Rate Type: 6 Parcel: 680-170-061 Site: Owner: USA EIA Mall: Use: Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: Imp: 0 � #Units: Ph: Rms: Beds: Baths: Ltsz: 1.19 A Tr/BI/Lot: - / - Lender: Loan: Loan/Rate Type: 7 Parcel: 680-1/0-062 Site: Owner: USA BIA Mall: Use: Zn: Xmpt: Sale: Date: Doc: Yb: Sgft: Asd: Imp: 0 h #Units: Ph: Rms: Beds: Baths: Ltsz: 3.69 A Tr/BI/Lot: - / - Lender: Loan: Loan/Rate Type: 8 Parcel: 680-562-003 Site: Owner: USA 680 Mall: Use: VACANT COMMERCIAL Zn: A- Xmpt: Sale: Date: 09/01 /1990 Doc: 965137 Yb: Sgft: Asd: Imp: 03 #Units: Ph: Rms: Beds: Baths: Ltsz: 1.91 A Tr/BI/LAt: 23769- 00 / L- 0005 Lender: Loan: Loan/Rate Type: (D Copyright DataQuick Information Systems 1998.2000 The above information is sourced Irom public information and is not guaranteed. Farms - 6 Lne r 6Ltes, 1164 /.63 �J n 9 Parcel: 680-562-004 Site: Owner: USA 680 Mail: Use: VACANT COMMERCIAL Zn:A3 Xmpt: Sale: Date:12/01/1989 Doc: 91-,5130 Yb: Sgft: Asd: Imp: 0% #Units, Ph: Rms: Beds: Baths: Ltsz: 30, 056 Tr/BI/Lot: 23764- 00 i L- CCQd Lender: Loan: Loan/Rate Type: 10 Parcel: 680-562-006 Site: Owner: USA SIR Mail: Use: VACANT COMMERCIAL Zn:A2 Xmpt: Sale: Date:12/07/1996 Doc: 4502d8 Yb: Sgft: Asd: Imp: Ov #Units: Ph: Rms: Beds: Baths: Ltsz: 30,056 Tr/BI/Lot: 23764- 00 /L- 0017 Lender: Loan: Loan/Rate Type: 11 parcel: 680-562-M 1 Site: Owner: USA 660 Mail: Use: VACANT CO111MERCIAL Zn: A2 Xmpt: Sale: Date: 09 /01 / 1 990 Doc: 965172 Yb: Sgft: Asd: Imp: Ow #Units: Ph: Rms: Beds: Baths: Ltsz:31,798 Tr/BI/Lot: 23764- C0 /L- 0014 Lender: Loan: Loan/Rate Type: 12 Parcel: 620-562-013 Site: Owner: USA 680 Mail: Use: VACANT COMMERCIAL Zn: A2 Xmpt: Sale: Date: 3 1 / 17/1992 Doc: 965223 Yb: Sgft: Asd: Imp: 0"6 #Units: Ph: Rms: Beds: Baths: Ltsz: 31,798 Tr/BI/Lot: 23764- 0,D /L- 0001 Lender: Loan: Loan/Rate Type: 13 parcel: 680-562-03.4 Site: Owner: USA 680 Mail: Use: UPC,ANT COMMERCIAL Zn:A2 Xmpt: Sale: Date: 02/O1/1994 Doc: 555555 Yb: Sgft: Asd: Imp: 0"� #Units: Ph: Rms: Beds: Baths: Ltsz: 31,798 Tr/BI/Lot: 23764- 00 /L- 0002 Lender: Loan: Loan/Rate Type: 14 Parcel: 680-562-01.5 Site: Owner: USA 680 Mail: Use: VACAId'I' COMMERCIAL Zn:A2 Xmpt: Sale: Date: n9/01/1989 Doc: 95511E Yb: Sgft: Asd: Imp: 0;; #Units: Ph: Rms: Beds: Baths: Ltsz: 1.15 A Tr/BI/Lot: 23764- 00,'L- 0003 Lender: Loan: Loan/Rate Type: 15 Parcel: 68f1-562-016 Site: Owner: USA 680 Mail: 611 5 PALM CANYOPT 162`PALM SERINGS CA 92264 Use: VACANT COMHZF,,CIAL Zn: A2 Xmpt: Sale: Date: 07/25/1990 Doc: 385516 Yb: Sgft: Asd: Imp: C% #Units: Ph: Rms: Beds: Baths: Ltsz: 1.42 A Tr/BI/Lot: 23764- 00 / L- 0015 Lender: Loan: Loan/Rate Type: Copynght oataQuick Information Systems 1998.2000. The above information Is sourced from public intormation and Is not guaranteed. Farms - 6 Line NEIGHBORHOOD COALITION REPS Case 5.1164 PD 343 Crosse Pointe PHN for CC Meeting 10.03.07 VERIFICATION NOTICE 1 1 1 AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 1 11 1 1 MR PETE MORUZZI MODCOM AND PALM SPRINGS MODERN COMMITTEE HISTORIC SITE REP I 1 1 PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS CA 92264 MR JOHN WESSMAN CROSSLEY PARTNERS, LLC SPONSORS 300 S. PALM CANYON DRIVE ---------- PALM SPRINGS, CA 92262 JOHN SANBORN SANBORN A/E 1227 S. GENE AUTRY TRAIL, #C PALM SPRINGS, CA 92264 RIDGE LANDSCAPE ARCHITECTS 1716 ORD WAY OCEANSIDE, CA 92056 CASE 5.1164 PDD 343 MRS. JOANNE BRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 SMITH CONSULTING ARCHITECTS 78-000 FRED WARING DRIVE, #201 PALM DESERT, CA 92211 PALM O ..r;"'x'yluit'O? � °°rtortarra *� (! FO RASP G I LUT 0 r C.1 m ISPrin Cry Office of Elie Ciry Clerk 3200 E 'ildrguicz Cauyun \Vny •Palm Springs, Calilornfa 92-16ti lel (76o) 3—',-H'0 4 ^ fax (7r;(1) '''_53i' = Wcb: www palmsprings-�.� env September 20, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting -- October 3, 2007 Case 5,1164 PD 343 - Crossley Partners The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on October 3, 2007, Enclosed are copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, as listed on the attached. For your convenience postage paid envelopes are also enclosed. Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, l� Kathie Hart, CIVIC Chief Deputy City Clerk /kdh PHN to 91A-H-,dR..k 10-03-07 do, Encl. Public Hearing Notices Envelopes wl postage Post Office Box 2743 0 Palm Springs, California 92263-2743 PROOF OF PUBLICATION This is space far County Clerk's Filing Stamp (zols.s.C.C.P) STATr, OF CALIfrORN1A County of Riverside No 2962 NOTICE OF PUBLIC REARING CICOUNCIL GITY OFF PALM SPRINGS CASE 5,1164 •• PLANNED DEVELOPMENT DISTRICT 34a NESLEY ROR THE AD AND SUNNY NES ROAD i am a Ci[iY,en Of Y110 United SYAteS and a resident NOTICE IS HEREBY GIVEN that the Clty Coundll of the City of Palm Springga, Celifonvel, will hold a hearsg-at l of the County aforesaid; T am over the publ,c mastiff of0ctoIn r 3, 2007. The City Cobncli minlnp na at 6.00 p.m, In age of eighteen years, and not a party toor interested in the Sha Cp�ncll Cnember >ti City III, 320n Fast Tah— ry quirz Canyon way. Palm Springs, above -entitled matter. I am the principal clerk of a printer of the,DFS F' 1ZT SPIN PUBL15H1NCY The purpose of this hearing I-; to con^lder an ap- pllca Ion by Crumley Partners, LLC to construct a COMPANY anewspaper of general circulatia¢, mixed -use development oensietlng of four de - tachad buddmga totaling approximately 40,000 square test 15,000 printed and Published in the city of Palm S tin 5, p g of retail an epproylmately -were toot of office apace on an approximately I9. County of Riverside, and which newspaper has been •acre site located near the northwest comer of Sunny Dunes Road and Crossley Road adjudged a newspaper of general circulation by the (East Superior Cou rl of the County of Riverside, State Of California under the date of March 24, 1988. w. iew Case Number 191236; that the notice, of which the -- an¢exed is a printed copy (set in type not smaller r� than non portal, has been published in each regular and entire issue of said newspaper and not in any supplement thereof an the fOilOwing dates, l0 wil; 1- September 22nd, 2007 - I( _ 'L'r All in the year 2007_-."'.-_---_-•--•_ f certify (or declare) ender penalty of perjury that the ENVIRONMENTAL DETERMINATIONNt'The pro- inept puMluant t aSectio^oi5332xIrmFl developPp- foregoing i5 true and Correct, monl Projects of the Catfornla Envhonmonlal qualify Act. A Notice of Exemption has peen pru. rated for his protect and has beun dletdbutotl for Dated at Palm Springs, California this • 24oI, .-- day CEQq review and comment m accordance with September Of --`----"'---'-_ 2007 --�•"� REVIEW OF PROJECT INFORMATION:Tho staff 'iepart and other suppomnq documante' reoirding tnla pprotect era also avallebie for public reviow at the CITy Pall between thin hours Of 8.00 aI m. and 5;00� m. Monday lhrou0h Frida . Please contact the OIGae of the City Clerk (75GN23.820h If ydu C9 L\j would [Ike to schedule an appointment to rev ow thv5e documents Z _ —© CC a'2 COMMENT ON THIS APPLICATION: Respon,G to this notice may be made verbally at the Public i CL 1-UT [fix �— Of Hearing and/or In wilting before the heart , wnr- CommissionLen by litter bemail or nto and la"K.Iryq +�' •� eta] to. IZ `1 ,L C�J lD :rS,) �u •"j (% James Thompson, City Clerk 3200 E.m Cenyyan Way } ) Springs Palm Springs CA 42262 r/S Z: E j Any challenge of the proposed project In court may be Ilmitad to raising only those w ues raised at the public hearing do%orlbed In this notice or } F-- n G Q N Inli a ed to the City nt noropprrlo Ponders publdelivered he a' (r-ovorn- L meat Code Soct on 65009(bl(2)) An opportunity wilt be given :d said hearing for all Ihreresled persons to be heard Ouestims regard- Ing this case may be directed to Fretl Lawe as, Planning Services Department at (760) 323-6245, lei GNdeidada Fslrti $pring Cav puedcala6l r con Nadmv FleOer tolefonc (76f1) 3-3.82d5. Publfzned: 9l22r200James Thompson, CITy Clwk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1164 — PLANNED DEVELOPMENT DISTRICT 343 NEAR THE NORTHWEST CORNER OF CROSSLEY ROAD AND SUNNY DUNES ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 3, 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 Crossley Partners, LLC to construct a mixed -use development consisting of four detached buildings, totaling approximately 40,000 square feet of retail and approximately 15,000 square feet of office space on an approximately 3.8-acre site located near the northwest corner of East Sunny Dunes Road and Crossley Road. ENVIRONMENTAL DETERMINATION: The project qualifies as a Categorical Exempt development pursuant to Section 15332 In -Fill Development Projects of the California Environmental Quality Act. A Notice of Exemption has been prepared for this project and has been distributed for public review and comment in accordance with CEQA. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday- Please contact the Office of the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the Planning Commission 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 Fred Lowndes, Planning Services Department at (760) 323- 8245. Si necesita ayuda con esta Carta, porfavor (lame a la Ciudad de Palm Springs y puede hablat con Nadine Fiegertelefono (760) 323-8245. J(mes Thompson, City Clerk 0Department of Planning Services,N E �. V Vicinity Map `s I 1 Cw IND PAROCELA NISKYPOIIIT❑: —_- ---- SU JNY71JNES RO - ---`----- - I 'I III RIO Bi NCO R❑ � �--- i I Legend _J Project srte - - 400' P.adius Surrounding Parcels _ INDVNSP RINGS RO .. I CITY OF PALM SPRINGS CASE NO: 5.1164 PD 343 DESCRIPTION: To construct a mixed -use development consisting of four detached buildings, APPLICANT: Crossley Partners, LLC totaling approximately 40,000 square feet of retail and approximately 15,000 square feet of office space on an approximately 3.8-acre site located near the northwest corner of East Sunny Dunes Road and Crossley Road. APN: 680-170-062 000083