HomeMy WebLinkAbout4/6/2016 - STAFF REPORTS - 1.C. QpLM Sp
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IL CITY COUNCIL STAFF REPORT
DATE: April 6, 2016 PUBLIC HEARING
SUBJECT: APPEAL BY DAN DORADO OF THE PLANNING COMMISSION
DECISION TO DENY A LAND USE PERMIT FOR TEMPORARY
AUTOMOBILE SALES IN AN EXISTING RETAIL PARKING LOT AT 5601
EAST RAMON ROAD, ZONE M-1 (CASE NO. LUP 16-016).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider an appeal by Daniel Dorado of the decision by the
Planning Commission on February 24, 2016, to deny a Land Use Permit (LUP 16-016)
for temporary automobile sales over a four-day period in the parking lot of the Wal-Mart
store at 5601 E. Ramon Road.
RECOMMENDATION:
1. Open the public hearing receive public testimony.
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S DECISION TO DENY A REQUEST FOR A LAND USE
PERMIT TO ALLOW TEMPORARY AUTOMOBILE SALES IN AN EXISTING
RETAIL PARKING LOT AT 5601 EAST RAMON ROAD, ZONE M-1."
BACKGROUND INFORMATION:
Related Relevant Actions by Planning, Building, Fire, etc.
The City Council approved a Tentative Parcel Map (TPM 30745) and
04/17/04 a street vacation application for the Destination Ramon (Wal-Mart)
project.
The Planning Commission approved a Conditional Use Permit (Case
04/28/04 No. 5.0957 CUP) and Major Architectural Application for the
Destination Ramon Wal-Mart development.
02/24/16 The Planning Commission denied a request for temporary automobile
sales at the subject site by a vote of 6-0-1 Weremiuk absent).
ITEM NO. 1 L
City Council Staff Report
April 6, 2016 -- Page 2
Appeal—Case No. LUP 16-016
The appellant, Daniel Dorado, submitted a Land Use Permit application to the
Department of Planning Services, requesting approval of temporary automobile sales in
the Wal-Mart parking lot at 5601 E. Ramon Road. The automobile sales would be
conducted over a four-day period in June 2016, and would be situated in the northeast
corner of the existing parking lot adjacent to one of the undeveloped pad sites.
Approximately 100 new and used vehicles would be on display in the parking lot, and a
60' by 60' tent would be erected to provide shade for sales staff and patrons.
The Land Use Permit for temporary automobile sales was forwarded to the Planning
Commission for a determination at their meeting of February 24, 2016. The Planning
Commission reviewed the regulations pertaining to permanent and temporary uses in
the M-1 (Service/Manufacturing) zoning district, as well as the specific conditions of the
Conditional Use Permit (5.0957 CUP) that was issued for the site. The Planning
Commission noted that automobile sales are permitted as a permanent use in the M-1
zoning district, provided at least 50% of the vehicles displayed are new vehicles. In
addition, they reviewed the allowance for special events on the site as permitted by the
approved CUP, and noted the prohibition against used vehicle sales. While it was
identified that the site was adequate for the proposed use, one of the commissioners
stated that the conditions of the CUP should be narrowly interpreted, and moved to
deny the permit. The commission voted 6-0-1 (absent — Weremiuk) to deny the
request.
STAFF ANALYSIS:
On February 29, 2016, Daniel Dorado filed an appeal of the decision of the Planning
Commission. The following is a summary of issues raised by the appellant and staff's
response to those issues.
Appellant: The appellant states that temporary automobile sales will provide
significant benefits to the City. The following excerpt notes the key
benefits to the City:
"The point of sale for every automobile sold at the Walmart location
will be the City of Palm Springs. As a result, the City will receive
the sales tax benefits of the automobile sales estimated to be
approximately $60,000-$75,000 over the four-day event. Each of
the dealerships that participate in the event will obtain City business
licenses, appropriate liability insurance, and comply with all
applicable City requirements."
Staff Response: The fiscal benefits associated with the issuance of a Land Use Permit
are not identified as a basis for granting the permit. Permits and entitlements are
reviewed for conformity with the General Plan, the Zoning Code, and any applicable
Conditions of Approval that may be applicable to the subject site.
- 02
City Council Staff Report
April 6, 2016 -- Page 3
Appeal—Case No. LUP 16-016
Appellant: The appellant states that the Planning Commission denied the LUP
because of a misapplication of the zoning code and Wal-Mart's conditions
of approval. The following excerpts list the key points of the appellant's
argument:
"LUP's are governed by Municipal Code Section 94.02.01...The City
allows temporary sales activities with a LUP. As such, the City has the
discretion under the code to issue a LUP if it so desires.
Walmart's CUP allows up to six special outdoor events annually at the
property, with each event not lasting longer than two weeks. Each
outdoor special event is required to obtain an LUP...
The Planning Commission misapplied and misinterpreted these conditions
in denying the applicant's LUP...The March 24, 2004, Planning
Commission staff report approving the Walmart project clarifies any
ambiguity. Referring to 'Parking Lot Activities' the staff report states:
'Since used car sales are not permitted unless in conjunction with new car
sales, staff recommends prohibition of used car sales.' The applicant's
proposal is for the sale of new cars, cars that have been used as
management company cars but were never previously registered or sold,
and factory certified pre-owned cars that meet new car standards. The
applicant's LUP does not propose to sell only used vehicles...Therefore,
there was no justification in the CUP for the Planning Commission to deny
the applicant's LUP."
Staff Response: The Palm Springs Zoning Code (PSZC) allows automobile sales as a
permanent use of land in the M-1 (Service/Manufacturing) zoning district, provided that
at least 50% of the vehicles are new vehicles. The code does not specifically permit the
use as a temporary use; historical records do not indicate that the department has
approved any vehicle sales as a temporary use previous to this request.
The Conditional Use Permit (CUP) that was approved for the site in April 2004 allows up
to six special events annually at the property, with each event lasting not longer than
two weeks, and requiring that a Land Use Permit (LUP) be issued for each event. The
CUP specifically prohibits used car sales, but does not identify if new car sales would be
permitted. The applicable conditions of approval are listed below:
Condition #11. A Land Use Permit is required for all outdoor special
events. A maximum of six special events, lasting two weeks in duration,
may be held per year. Additionally, special events for Halloween and
Christmas, and other events as may be permitted for extended time
periods, per approval by the City. These include, but are not limited to
tree sales, car washes, plant sales, furniture sales, and other unspecified
outdoor events on site, shall be submitted for review and approval by the
03
City Council Staff Report
April 6, 2016-- Page 4
Appeal— Case No. LUP 16-016
Director of Planning and Zoning, prior to issuance of a certificate of
occupancy. Any outdoor future food use associated with the major tenant
shall be subject to consideration of a land use permit. See Condition #32
for prohibited uses.
Condition #32. On site camping, car camping and RV camping and the
sales of used cars on site are prohibited.
The appellant contends that while the CUP restricts used car sales as a stand-alone
use, it does not prohibit the sale of used vehicles in conjunction with new vehicles as a
special event.
While the CUP allows for a certain degree of latitude in the activities that may be
permitted under a special event, it also expressly prohibits certain uses. On that basis,
the Planning Commission denied the request, making a finding that used vehicle sales
were inconsistent with the CUP.
CONCLUSION:
While the site area is adequate for the proposed temporary use, there is inadequate
support in the zoning code or the CUP for the temporary sale of new and used vehicles.
Consequently, it is recommended that the City Council support the decision of the
Planning Commission to deny the Land Use Permit.
Flinn Fagg, AICP Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, Esq., P
City Manager
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Appeal Letter
4. Planning Commission Minutes — February 24, 2016
5. Staff Report — February 24, 2016
6. Land Use Permit Application (LUP 16-016)
7. Staff Report to Planning Commission — Case No. 5.0975 CUP (March 24, 2004)
8. Conditions of Approval — Case No. 5.0975 CUP (April 28, 2004)
- 04
City Council Staff Report
April 6, 2016 -- Page 5
Appeal—Case No. LUP 16-016
5. Staff Report— February 24, 2016
6. Land Use Permit Application (LUP 16-016)
7. Staff Report to Planning Commission — Case No. 5.0975 CUP (March 24, 2004)
8. Conditions of Approval — Case No. 5.0975 CUP (April 28, 2004)
Attachment 1
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CITY OF PALM SPRINGS
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Attachment 2
U8
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY A
REQUEST FOR A LAND USE PERMIT TO ALLOW
TEMPORARY AUTOMOBILE SALES IN AN EXISTING
RETAIL PARKING LOT AT 5601 EAST RAMON ROAD,
ZONE M-1.
The City Council of the City of Palm Springs finds:
A. Daniel Dorado, of Daniel Dorado & Associates, Inc., filed a Land Use Permit
(Case No. 16-016 LUP) application for temporary automobile sales over a four-day
period in the parking lot of the Wal-Mart store at 5601 E. Ramon Road.
B. The application was forwarded to the Planning Commission in February 2016 for
a determination on the proposed temporary use.
C. The Planning Commission considered the Land Use Permit request at its public
meeting of February 24, 2016, and denied the request upon making a finding that the
proposed use was inconsistent with the Palm Springs Zoning Code and the Conditions
of Approval that were approved for the site as part of a Conditional Use Permit
application (Case No. 5.0957 CUP), which conditions prohibit the sales of used cars on
the subject site.
D. On February 29, 2016, Daniel Dorado filed an appeal of the Planning
Commission decision to deny the Land Use Permit pursuant to Chapter 2.05 and
Section 94.02.01(D)(4) of the Palm Springs Municipal Code.
E. On April 6, 2016, the City Council held a public hearing to consider the appeal of
the Planning Commission's action to deny the Land Use Permit.
F. At its public hearing conducted on April 6, 2016, the City Council has carefully
reviewed and considered all of the evidence presented in connection with the appeal,
including, but not limited to, the staff report, and all written and oral testimony presented
in conjunction with the hearing.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The above findings are all true and correct.
SECTION 2. The City Council hereby denies the appeal submitted by Daniel
Dorado, and upholds the Planning Commission's denial of a request for a Land Use
Permit (Case No. 16-016 LUP) to allow temporary automobile sales in an existing retail
- �5
Resolution No.
Page 2
parking lot at 5601 E. Ramon Road.
ADOPTED THIS 6TH DAY OF APRIL, 2016.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
3V
Attachment 3
Daniel Dorado —
Daniel Dorado&Associates C'
5721 La Jolla Boulevard v
La Jolla California92037 C)rn om
February 29, 2016 {ii -► ,�—rn
rO � t
James Thompson n -00
Ln CO ,o
Palm Springs City Clerk c
3200 E Tahquitz Canyon Way w
Palm Springs, CA 92262
VIA OVERNIGHT MAIL,(w/cheek) & EMAIL (citvclerkQpalmsorings-ca gov)
Subject: Appeal to City Council Re: February 24, 2016 Planning Commission Denial of a Land
Use Permit to Allow Temporary Automobile Sales in an Existing Retail Parking Lot at
5601 East Ramon Road,Zone M-1 (Case No. 16-016 LUP)
Dear Mr. Thompson:
This letter serves as the applicant's appeal to the City Council of the Planning
Commission's February 24, 2016 decision to deny a Land Use Permit (LUP) to allow a
temporary automobile sales event in an existing retail parking lot at the Walmart located at 5601
East Ramon Road. The temporary sales event would be held from June 16-19, 2016, and would
include the display of up to 100 vehicles at a time. The Director of Planning Services
determined that there are adequate parking spaces to accommodate the temporary vehicle sales
as the property has 195 parking spaces in excess of code requirements. (See Planning
Commission Staff Report, p, 4.) The temporary automobile sales event provides the City with
significant benefits, but has been wrongly denied because of a misapplication and
misinterpretation of the code and Walmart's conditional use permit (CUP). The applicant is
requesting that the City Council approve the LUP. Please provide a copy of this letter appeal to
each of the City Councilmembers.
1. The Temporary Automobile Sales Provides Significant Benefits to the City.
The point of sale for every automobile sold at the Walmart location will be the City of
Palm Springs. As a result, the City will receive the sales tax benefits of the automobile sales
estimated to be approximately $60,000475,000 over the four-day event. Each of the dealerships
that participate in the event will obtain City business licenses,appropriate liability insurance, and
comply with all applicable City requirements.
The discretionary money that Walmart receives from the dealerships participating in the
sale will be given to Walmart employees working at this location. A total of$2,000 in Walmart
Page 1
gift cards will be distributed to automobile sales customers that can only be spent at this Walmart
location.
The sale will draw business to the City from the entire Coachella Valley area, as 80% of
$50,000 advertising budget will be spent outside of the City's jurisdiction. There are expected to
be secondary economic benefits to the City as potential automobile sales customers may spend
money at this Walmart location, and patronize local restaurants and other businesses, that these
customers would not otherwise do.
2. The LUP was Denied Because of a Misapplication of the Code and Walmart's CUP
LUPs are governed by Municipal Code, section 94.02.01. According to the Code: "The
intent and purpose of a land use permit is to provide a means to review the impact of proposed
land uses and to impose such conditions to the proposed use as are necessary to insure that these
uses are compatible with adjacent properties and the community." There are no standards or
findings required in order to be granted a LUP. The City allows temporary sales activities with a
LUP. (See Planning Commission Staff Report, p. 3.) As such, the City has the discretion under
the code to issue a LUP if it so desires.
Walmart's CUP allows up to six special outdoor events annually at the property, with
each event not lasting longer than two weeks. Each outdoor special event is required to obtain an
LUP. Condition No. 11 governs the issues of an LUP for special events:
Condition # 11. [LUP requirement] A Land Use Permit is required for all
outdoor special events. A maximum of six special events, lasting two weeks
in duration, may be held per year. [Holiday special event requirements]
Additionally, special events for Halloween and Christmas, and other events as
may be permitted for extended time periods, per approval by the City. These
include, but are not limited to tree sales, car washes, plant sales, furniture
sales, and other unspecified outdoor events on site, shall be submitted for
review and approval by the Director of Planning and Zoning, prior to issuance
of a certificate of occupancy. [LUP requirement] Any outdoor future food use
associated with the major tenant shall be subject to consideration of a land use
permit. [Ambiguous requirement] See Condition#32 for prohibited uses.
Condition # 32. On site camping, car camping and RV camping and the sales
of used cars on site are prohibited.
The Planning Commission misapplied and misinterpreted these conditions in denying the
applicant's LUP. Only the first two sentences of Condition No. 11, and the second to last
sentence address the LUP requirement. The applicant's requested temporary automobile sales
comply with the CUP requirements of Condition No. 11. The sentence in Condition No. 11
addressing additional special events that may be permitted for extended times, meaning longer
Page 2
13
than the two weeks reserved for special events, are approved by a process other than the LUP.
The appropriate application of the final sentence referring to seeing Condition # 32 for prohibited
uses appears ambiguous. The March 24, 2004, Planning Commission staff report approving the
Walmart project clarifies any ambiguity. Referring to "Parking Lot Activities" the staff report
states: "Since used car sales are not permitted unless in conjunction with new car sales, staff
recommends "prohibition of used car sales, The applicant's proposal
p is for the sale of new cars,
cars that have been used as management company cars but were never previously registered or
sold, and factory certified pre-owned cars that meet new car standards. The applicant's LUP
does not propose to sell only used vehicles which Condition #32 was addressing. Therefore,
there was no justification in the CUP for the Planning Commission to deny the applicant's LUP.
3. The Applicant Requests the City,Council Approve the LUP
As discussed above, the approval of the LUP will provide the City with significant
benefits. The code and CUP allow the sale of new cars and factory certified pre-owned cars
together. Therefore, the applicant requests the City Council approve the LUP.
��Daniel Dorado
Page 3
REQUEST FOR TREASURER'S RECEIPT
FINANCE DEPARTMENT, CASHIER DATE:
OM: CITY CLERK'S OFFICE
EASE ACCEPT $
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MAPS & PUBLICATIONS -001-34106
OTHER CHARGES -CURRENT SERVICE-001-34110
:EDIT ACCOUNT NO. CIRCLED ABOVE BY ORDER OF
DANIEL DORADO 1013
DANIEL DORADO&ASSOCIATES }axM2? um
5721 LA JOLLA BLVD i 12131 s11e
LA JOLLA,CA 02037-7302 �.`�. / C.
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Attachment 4
Planning Commission Minutes
City of Palm Springs
February 24,2016
Associate Planner Lyon presented the proposed gatehouse at the Desert Pali es
development.
Commissioner Donenfeld thinks it's a great project with the AAC conditions
Chair Klatchko questioned if the applicant is willing to comp) th the AAC's
recommendation pertaining to the concrete blending in with the pa
ED FREEMAN, owner, explained that the throughout the proj the curbs are flush with
the pavers except for three locations for water drainage. . Freeman said he prefers
the flush designs but is willing to go by the Engineering artment's recommendation.
SEAN LOCKYER, project architect, provided detai ertaining to the size of the entry
and exit points, a water fountain for the structure the trailhead and the "eternal flame"
fire feature. He indicated that they do not to extend the overhang further on the
boulder in order to give trucks clearance.
Discussion occurred on the constructio ate for this project.
ACTION: Approve with condition and subject to the AAC's recommendations as
follows:
1. Consider rolle urb or colored concrete to blend better with the precast
pavers s ect to approval by the Engineering Dept.
2. Consider rther protection of the proposed fire feature from wind.
3. Provide ore detail on the bike storage structure and add a drinking
fount
4. AA ubcommittee to (Song, Secoy-Jensen, Fauber) to review the fire
fe ure detail.
Motion: C missioner Donenfeld, seconded by Commissioner Lowe and unanimously
carried 6 -1 on a roll call vote.
AY . Commissioner Calerdine, Commissioner Donenfeld, Commissioner Hirschbein,
C missioner Lowe, Commissioner Middleton, Chair Klatchko
SENT: Commissioner Weremiuk
3B. DANIEL DORADO, APPLICANT, FOR A LAND USE PERMIT TO ALLOW
TEMPORARY AUTOMOBILE SALES IN AN EXISTING RETAIL PARKING LOT AT
6601 EAST RAMON ROAD, ZONE M-1 (CASE NO. 16-016 LUP). (FF)
Planning Director Fagg presented the proposed request to allow temporary automobile
sales as outlined in the staff report.
�7
Planning Commission Minutes 7
City of Palm Springs
February 24.2016
The Commission requested clarification and/or commented on:
• Could the context of this prohibition be referring to individual owners selling used
cars as opposed to a car dealer on the lot?
• McCormick Classic cars sales are allowed - what is the zoning?
• (Middleton) Licensed dealers sell used cars on their lots and would be open for
an allowance for a small percentage of used car sales in conjunction with a much
larger percentage of new car sales.
• Prohibiting used cars as opposed to new cars.
DAN DORADO, applicant, provided details on the type of automobiles - "certified pre-
owned" vehicles and taxation. He indicated approval has been received from Wal-Mart
and all the permits have been taken out.
Commissioner Donenfeld noted the site has a CUP that states prohibition of used cars
and spoke in opposition of the proposed request.
Commissioner Calerdine noted that used car sales are excluded and new car sales are
not mentioned.
Planning Director Fagg explained the Commission's role is to make a determination if
this use is permissible for this site.
Commissioner Middleton questioned what the process is to modify the conditions of
approval that were granted for this property in 2004.
Commissioner Donenfeld noted that the underlying ordinance is the M-1 zone and the
CUP expands the use beyond the code and should be read narrowly.
ALENE TABER, certified land use planner and attorney specializing in land
development, stated that the CUP alters the underlying zoning and the Commission has
the opportunity to do an interpretation.
Commissioner Hirschbein asked the applicant if they would be willing to restrict this to
new car sales.
Commissioner Middleton noted that this event is tentatively scheduled for June 16th -
lgth which provides time for the applicant to come back to ask for an amendment on
the CUP.
ACTION: Denial.
, a
1
Planning Commission Minutes g
City of Palm Springs
February 24,2016
Motion: Commissioner Donenfeld, seconded by Chair Klatchko and unanimously
carried 6-0-1 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Hirschbein,
Commissioner Lowe, Commissioner Middleton, Chair Klatchko
ABSENT: Commissioner Weremiuk
4. OTHER BUSINESS:
4A. ELECTION OF VICE-CHAIR
Chair Klatchko opened the nominations for Vice-Chair. Commissioner Lowe nomi
Commissioner Calerdine. Commissioner Middleton seconded the nomination. other
nominations were made. By acclamation Commissioner Calerdine was n ated as
Vice-Chair.
PLANNING COMMISSION REPORTS, REQUESTS AND COM TS:
The Commission commented on:
• Commissioner Middleton volunteered a representative of the Planning
Commission for"The Green Program"t gh the Sustainability Commission.
• The upcoming study session on the rena Park development.
• Status of the Cameron project.
PLANNING DIRECTOR'S REP
Planning Director Fagg r wed the changes for the Museum Market Plaza Specific
Plan as discussed by City Council. Mr. Fagg provided an update on the number of
applications proces by the Planning Department.
ADJOURN
There Ing no further comment the Planning Commission meeting adjourned at 4:07
p 1:30 pm, Wednesday, March 9, 2016, City Hall, Council Chamber, 3200 East
quitz Canyon Way.
Flinn Fagg, AICP
Director of Planning Services
i9
Attachment 5
PLANNING COMMISSION STAFF REPORT
c44FORN�p
DATE: February 24, 2016 NEW BUSINESS
SUBJECT: DANIEL DORADO, APPLICANT, FOR A LAND USE PERMIT TO ALLOW
TEMPORARY AUTOMOBILE SALES IN AN EXISTING RETAIL
PARKING LOT AT 5601 EAST RAMON ROAD, ZONE M-1 (CASE NO.
16-016 LUP). (FF)
FROM: Department of Planning Services
PROJECT DESCRIPTION
This is a request for a Land Use Permit to allow temporary automobile sales over a four-
day period in the parking lot of the Wal-Mart store at 5601 E. Ramon Road. The
temporary sales event would be held from June 16-19, 2016, and would include up to
100 new and used vehicles on display in conjunction with the event.
Land Use Permits are a ministerial process, and are approved by the Director of
Planning Services. However, Section 94.02.01(D)(3) of the Palm Springs Zoning Code
(PSZC) allows Land Use Permits to be referred to the Planning Commission where
further scrutiny of the application may be required.
ISSUES
• Automobile sales are permitted as a permanent use of land in the M-1
(Service/Manufacturing) zoning district, subject to the requirement that at least 50%
of the inventory must be new vehicles.
• Temporary sales activities are not specifically permitted by the Palm Springs Zoning
Code (PSZC).
• The Conditional Use Permit (CUP) that was approved for the Wal-Mart property
allows temporary sales events, but specifically prohibits used car sales. The CUP
does not specifically state whether new car sales may be permitted as a temporary
event.
RECOMMENDATION
Deny the Land Use Permit request, as the proposed use is not specifically permitted by
the zoning code or the Conditional Use Permit that is in place for the property.
21
Planning Commission Staff Report
LUP 16-016
February 24, 2016—Page 2 of 4
BACKGROUND INFORMATION
Related Relevant Actions by Plenri ft Bdildhig, Fire etc.
The City Council approved a Tentative Parcel Map (TPM 30745) and
04/17/04 a street vacation application for the Destination Ramon (Wal-Mart)
project.
The Planning Commission approved a Conditional Use Permit (Case
04/28/04 No. 5-0957 CUP) and Major Architectural Application for the
Destination Ramon al-Mart development.
Field Check. -
02/19/16 Staff visited the site and observed that the parking lot area is
adequate to serve the proposed use.
DETAILS OF APPLICATION REQUEST
Site Area'". •-
Net Acres 131.12 Acres
Surrounding Existing Land Use Existing"General Existing Zoning
a 92 Per Cho ter Pl
an gnadon Desl nat/on
M-1 (Service/
Subject Property Retail Use RC (Regional Manufacturing),
Commercial) PD (Planned
Development)
Retail Use, CG (General PCC (Planned
North
Restaurant Use Commercial) RM Community
(Cathedral City) Automobile Repair (Medium Density Commercial), R-2
Use, Multifamily Residential) (Multiple Family
Residential Use Residential
IND (Industrial),
NCC M-1 (Service/
South Undeveloped (Neighborhood/ Manufacturing)
Community
Commercial
East Parking Lot, RC (Regional M-1 (Service/
Undeveloped Commercial) Manufacturing)
West Retail Use RC (Regional M-1 (Service/
Commercial) Manufacturing)
ANALYSIS
The proposed temporary sales event will be held in the northeast corner of the Wal-Mart
parking lot, adjacent to one of the undeveloped pad sites, with approximately 100
zz
Planning Commission Staff Report
LUP 16-016
February 24, 2016—Page 3 of 4
vehicles on display for sale. In addition to the sales of new and used vehicles, the
applicant is proposing to install a 60' by 60' tent, which will provide a shaded area for
sales staff and patrons. The parcel has a total of 1,434 parking spaces on site, which
provides 195 spaces in excess of the 1,239 spaces required by code. Consequently,
the temporary activity could be conducted without impacting the required parking
spaces for uses that are already in operation at the site.
Automobile sales as a permanent use of land are permitted by right in the M-1
(Service/Manufacturing) zoning district, provided that at least 50% of the vehicles are
new vehicles. The code does not specifically permit the use as a temporary use.
PSZC Section 94.02.01 identifies certain temporary uses that may be permissible upon
approval of a Land Use Permit. These uses include temporary parking lots, temporary
RV (recreational vehicle) parking, and carnivals and circuses. The zoning code does
not specifically address temporary sales activities; however, the department has
previously allowed Christmas tree sales and other similar temporary sales activities via
the Land Use Permit process, finding that the temporary sales activities are similar to a
carnival use. Historical records do not indicate that department has approved any
vehicle sales as a temporary use previous to this request.
The Conditional Use Permit (CUP) that was approved for the site in April 2004 allows up
to six special events annually at the property, with each event lasting not longer than
two weeks, and requiring that a Land Use Permit be issued for each event. The CUP
specifically prohibits used car sales as a special event, but does not identify V new car
sales would be permitted. The applicable conditions of approval are listed below;
Condition #11. A Land Use Permit is required for all outdoor special
events. A maximum of six special events, lasting two weeks in duration,
may be held per year. Additionally, special events for Halloween and
Christmas, and other events as may be permitted for extended time
periods, per approval by the City. These include, but are not limited to
tree sales, car washes, plant sales, furniture sales, and other unspecified
outdoor events on site, shall be submitted for review and approval by the
Director of Planning and Zoning, prior to issuance of a certificate of
occupancy. Any outdoor future food use associated with the major tenant
shall be subject to consideration of a land use permit. See Condition #32
for prohibited uses.
Condition #32. On site camping, car camping end RV camping and the
sales of used cars on site are prohibited.
If the Land Use Permit were to be approved, the applicant would be limited to the
display and sales of new vehicles only, based upon the restrictions of the CUP that is in
place for the parcel.
Pianning Commission Staff Report
LUP 16-016
February 24, 2016—Page 4 of 4
FINDINGS—LAND USE PERMIT
Section 94.02.01 of the Palm Springs Zoning Code (PSZC) does not specifically identify
any required findings for the approval of Land Use Permits, but does require
conformance to zoning requirements in the district where the use is proposed, and
allows the Director of Planning Services to impose conditions of approval as may be
necessary to protect public health, safety and welfare. Please note the following
findings related to conformance to zoning requirements:
1. Automobile sales are permitted as a permanent use in the M-1
(ServiceJManufacturing) zoning district.
2. The code does not specifically identify if automobile sales may be permitted as a
temporary use. The only temporary use activities permitted by the zoning code
in the M-1 district are temporary parking lots, carnivals, and circuses.
3. The CUP allows up to six special events per year, and specifically excludes used
car sales from the list of permitted events. The CUP does not identify if new car
sales may be permitted as a special event.
4. There are adequate parking spaces to accommodate the temporary vehicle sales
use; the property has 195 parking spaces in excess of code requirements.
Based on these findings, there is inadequate support to allow automobile sales as a
temporary use of land. However, the site is adequate to support the proposed
temporary use with little impact to adjacent properties.
is= 'C
Flinn Fagg, AICP
Director of Planning Services
Attachments:
1. Vicinity Map
2. Land Use Permit Application (LUP 16-016)
3. Staff Report to Planning Commission— Case No. 5.0975 CUP (March 24, 2004)
4. Conditions of Approval — Case No. 5,0975 CUP (April 28, 2004)
24
Attachment 6
25
h OF PALM SpP/y
CITY OF PALM SPRINGS
U Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: 760-323-8245 — Fax: 760-322-8360
C'9C/Fo Rto'
LAND USE PERMIT # V - 01(0
plicant:n Mailing Address: 5}z-( Phone: G Z 3
Fax: _ -�q -tZ 5s5
E-Mail:�bANDIkSSo<<F 5 °CaX. N2
Business Name: Site ddress^
o
APN: Zone/GP: Section, Towns ip, Range:
PROCEDURE: An application for a Land Use Permit shall be submitted to the Department of
Planning Services, and shall be accompanied by the following:
1. A Processing Fee of$696.00.
For a Minor Land Use—Permit and Transfer of Land Use Permit the Fee is $122.00.
2. A floor plan and/or site plan displaying the layout of the proposal. Outdoor seating that
encroaches into the public right-of-way will require an encroachment agreement or license,
subject to the approval of the Director of Planning Services.
3. Such other information as the Director of Planning Services may require, including, but not
p limited to adjacent uses, photographs, building elevations, landscape plans, design studies,
furniture information, etc.
STATEMENT OF ACTIVITY: Applicant shall submit a statement of the use,expected size, volume,
hours, and length of operations; information relating to sanitation, noise, air pollution, vehicle
parking, traffic circulation, and any other information of the ro osed project
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k,t ti oft +� �ci (�P ° U�-D 4cv F
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CONDITIONS: (see attached)
TRANSFER: Transfer of Land Use Permit to another applicant is subject to review and approval by
the Director of Planning Services.
REVOCATION: The Director of Planning Services may revoke any Land Use Permit that does not
meet or comply with conditions and requirements of this permit.
Applicant' ignature Date
LAND USE PERMIT#
--7p 1'e'
EX. CURB OR EDGE OF PAVEMENT
SITE PLAN
Please include locations of tables & chairs, fencing, on-site parking, proximity parking, sign
location, and all other applicable structures (temporary or permanent).
BUSINESS NAME: � T
SITE LOCATION:
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TELEPHONE: C9 ' b 3U r FAX:
E-MAIL: �j bcl P � ' 0_ x . Q�
H/PLAN/APPLICATIONS/LAND USE PERMIT-REVISED-02-24-11 27
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Parking Lot Promotion Location/Set-up Area
WAL-MART
Palm Springs, CA 92264
sommo�— fir Anna Gutierrez
w.
-- Presented By:
VPI I
Lot Promotions
Parking lot promotions at Wal-Mart
VPA Lot Promotions,a subsidiary of
Value Partner Advisors(VPA)the supplier for
Wal-Mart Stores Inc of Bentonville,AR 72712
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NOTICE REGARDING THIS IMAGE: This image provides a general guideline as to inventory placement for parking lot promotions held at the
respective Wal-Mart location. Each parking space is approximately 9' x 20'in size and the number of spaces provider to the promotion is as
noted on the "Lot Agreement" for the respective promotion.In setting up the promotion,the dealership must ensure that all components to
the promotion (inventory,tent,etc.)is contained within the designated area as shown and must not disrupt or impede any fire lanes,egress
points, drive lanes,traffic flow, and/or customer parking patterns. Should questions arise, please contact VPA Lot Promotions Dept at the
following email address: lotevents@vpapromotions.com or fax 91-888-494-9329 or your personal representative.
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29
Promotions 5502 Walsh Lane,Suite#103, Rogers,AR 72758
RE: Authorization to Dealer for Offsite Wal-Mart Parking Lot Event
Chevrolet Cadillac of La Quinta
79225 Hwy 111
La Quinta, CA 92253
To whom this may concern:
Please be advised that the lot event scheduled for the dates of October 141h— October 18th
2015 at the WAL-MART#1832 located at 5601 E. Ramon Rd Palm Springs CA has been
approved by the WAL-MART Home Office, the local store manager, and VPA Promotions (the
exclusive lot promoter for WAL-MART Stores, Inc.)
This event has been approved for the number of parking spaces as noted within the executed
"Lot Agreement"which thereby provides permission for the above noted dealership to conduct
such event on the designated WAL-MART lot. Further, use of the indoor restroom and other
sanitary facilities within the WAL-MART store are granted and available to the dealership staff,
and to the like, also to customers coming on the WAL-MART lot during the event. The
dealership may setup their inventory display the day before the aforementioned dates, and
remove the inventory the evening of the end date or morning thereafter.
Further, we require the dealership provide a copy (or copies) of all applicable permits that may
be required to be in compliance with any city, county, state, or municipality laws for the
dealership to hold such an offsite event. Copies of such permits may be faxed to our offices
directly at 1-888-494-9329 or emailed to loteventsna vpapromotions com
Please note, use of a "tent' for event is allowable on the lot, although, the use of tent stakes or
any drilling into the Wal-Mart parking lot is strictly prohibited, but use of sand bags, water barrels
or concrete blocks are an acceptable alternative.
We appreciate your business with VPA Promotions -Please don't hesitate to contact me if you
have any questions.
Sincere thanks, Sworn to and subscribed before me
this �-bflLday of 6j_A ,44 2015
Rachael Driggs f Notary Public vA_�
VPA Promotions WAL-MART Lot Team My commission expires: S?13 Z-i
888-705-4872
Oftal Seal
f Catrina M.Scroggins
Notary Public Arkansas
Benton County
Commission 9 12401099
commission E%P.OW1W2024 30
VPA Promotions
820 S_Walton Hkd. Ste. i I
Bentonville,AR 72712
Tel 888-70`;-4872 Prix 888-494-9329
VFA
IoC�wrntsCaA�paprouu�tionc.cum
.v.atv.�hain'omotionc.cr�m promotions
MARCH 8, 2016
To whom it may concern
VPA Promotions is an authorized vendor managing excess tenant space for Walmart. The tenant space
agreement is used for conducting offsite tent sales for Automotive and Recreational dealerships where
allowed by city and state laws. The dealerships are allowed to bring new or used vehicles to the tent
sale for display or sale purposes after contracting with VPA Promotions and obtaining the proper
permits and insurance requirements.
Thank you in advance
Terri Russo
National Sales Manager
31
Attachment
ttac ment 7
32
DATE: March 24, 2004
TO: Planning Commission
FROM: Director of Planning and Zoning
CASE NO. 5.0975-CUP AND TENTATIVE PARCEL MAP NO. 30745 - AN APPLICATION BY
ROTHBART DEVELOPMENT, DESTINATION RAMON, LLC, FORTHE DESTINATION RAMON
PROJECT, FOR A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF 277,000
SQUARE FEET OF RETAIL DEVELOPMENT, SIGN PROGRAM, PARKING LOT LIGHTING IN
EXCESS OF EIGHTEEN(18)FEET IN HEIGHT,AND THE DEVELOPMENT OF FUTURE DRIVE-
THROUGH FACILITIES AS PART OF THIS PROJECT, FINDING THAT THE VACATION OF THE
SKY POINT DRIVE EAST, WEST AND NORTH RIGHTS OF WAY IS CONSISTENT WITH THE
GENERAL PLAN CIRCULATION ELEMENT,AND RECOMMENDING THATTHE CITY COUNCIL
APPROVE TENTATIVE PARCEL MAP 30745, FOR A 31.12 ACRE SITE LOCATED AT 5601
RAMON ROAD EAST, ON APN 4 680-170-025, 680-170-026, 680-170-027, 680-170-028, 680-
170-029, 680-170-030, 680-170-031, 680-170-032, 680-170-048 AND 680-170-050, ZONE W.M-
11.L., SECTION 20.
RECOMMENDATION:
The Planning Commission recommend that the City Council:
• Adopt the Statement of Facts and Findings, Statement of Overriding Considerations,
Mitigation Monitoring Program and Certify the Final Environmental Impact Report; and
Approve Tentative Tract Map 30745, subject to conditions contained in the attached
resolution.
That the Planning Commission:
Find that vacation of the right-of-way of Sky Point Drive East, West and North is consistent
with the Circulation Element of the General Plan; and
Approve the Conditional Use Permitforan automobile service station, various drive-through
uses, and related architectural approvals, which are final with the Conditional Use Permit,
subject to conditions contained in the attached resolution. Recommendations on the sign
program and parking lot lighting will be presented at the meeting.
BACKGROUND:
The project is an application by Destination Ramon, LLC, for a 277,000 square foot retail shopping
center. The principal is Stan Rothbart. The project includes a 225,000 square foot retail store, an
associated free-standing gas station with 900 square foot office and convenience mart, and four
additional retail commercial pads totaling up to 51,000 square feet. The proposed project also
includes:
A tentative parcel map (TPM 30745) for the subdivision of approximately 31.12 acres into
7 parcels, ranging in size from 22.02 acres to 0.92 acres;
33
Architectural , site plan, landscape and sign program review and approval;
A General Plan consistency finding that the vacation of the right-of-way of Sky Point Drive
East, West and North, is consistent with Circulation Element of the General Plan;
Approval of free-standing light fixtures in excess of eighteen (18) feet to thirty (30) feet in
height;
• Sign program and relief from the certain provisions of the sign ordinance; and
• Aconditional use permit which addresses drive through operations forvarious out-pad uses
proposed within the project site, and an automobile service station, to include eight (8)
pumps, (16 fueling positions) and a 900 square foot kiosk.
Destination Ramon Development, LLC. has entered into an agreement with American Realty Trust
to purchase the lease-hold interest. American Realty Trust currently has a lease agreement for the
31.12 acre site with the current property owner, a member of the Agua Caliente Band of Cahuilla
Indians.The BIA has approved the lease agreement in form and content. The BIA will not approve
the lease until the project has been entitled and the transfer is ready. The Destination Ramon site
is generally bounded by Ramon Road, San Luis Rey Drive, Sunny Dunes Road and Crossley Road.
The Conditional Use Permit and related architectural approval application consists of a building
footprint of 225,011 square feet, with a general retail store, a grocery store and an automobile
repair shop. The project also includes an outdoor garden area of 22,775 square feet. Six additional
pad include buildings ranging in size from 900 square feet to 15, 570 square feet, for a total of
277,00 square feet of building area on the 31.12 acre site. The proposal includes 1,434 parking
spaces on-site(1,239 are required),with a total of five vehicular ingress/egress points to serve the
facility. Two additional driveways provide access for loading. The building is oriented toward the
southern end of the property, to allow for easier access to the parking areas from Ramon Road,
Crossley Road, and San Luis Rey Drive and to lessen the apparent bulk and height of the building
from this scenic vehicular corridor. The majority of the building will be constructed at a height of
approximately 22-28 feet above finished grade, with the architectural element over the main
entrances reaching approximately 42 feet at the highest point. Truck wells and outdoor staging
areas are located behind the building, screened from Ramon Road by the building and from other
areas by eight foot tall decorative screen walls that are integrated with the architecture of the
building. The Conditional Use Permit and related architecture approval is final with the Planning
Commission. The vacation of Sky Point Drive rights of way and the Tentative Parcel Map must be
approved by the City Council
As part of this project, Rothbart Development has also submitted an application for a Tentative
Parcel Map to initiate the development of the project on the south side of Ramon Road, between
Crossley Road and San Luis Rey Drive. The proposed subdivision is intended to create seven
parcels, ranging in size from a 1.09 acre parcel to a 22.03 acre parcel, on 31.12 acres. On the
south east corner of the project site is a 3.7 acre parcel, identified on the Parcel Map as#8, which
was previously approved for use as a mini-storage facility. Lot #7 will provide for on-site retention
of storm flows.
34
The site is currently void of any structures and consists of compacted dirt and native scrub
vegetation, and street improvements (Sky Point Drive) and utility improvements. These
improvements were installed as part of an auto dealership project which did not proceed.The entire
site has been previously graded. The site slopes minimally from northwest to southeast. Curb,
gutter and sidewalk exists along Ramon Road and Crossley Road and curb and gutter exist along
San Luis Rey Drive and Sunny Dunes Road. The Ramon Road/Crossley Road and Ramon
Road/San Luis Rey Drive intersections currently have traffic signals located within the public rights-
of-way adjacent to the site.
GENERAL PLAN ANALYSIS:
The site of the proposed project is designated IND (Business/Industrial) per the City of Palm
Springs General Plan Land Use Map. The objective of the Business/Industrial General Plan
Designation is to allow business and industrial development as an essential companion of
population growth, through the development of planned business/industrial districts, small to
medium-sized industries and corporate centers. One of the objectives of the Business/Industrial
District is to promote the development of support service industries for commercial and hotel uses,
which the proposed use clearly addresses. According to the applicant, the project is anticipated
to add approximately 442 new jobs to the employment base for the City. Therefore, based upon
a review of the General Plan, the proposed Tentative Parcel Map does not conflict with any goals,
objectives or policies pertaining to Business/Industrial land uses in the City's General Plan.
ZONING ANALYSIS:
The proposed Tentative Parcel Map is contemplated on property zoned M-1 per the City of Palm
Springs Zoning Ordinance. The purpose of the M-1 zone is to provide for the development of
service industries for commercial and hotel uses and for industrial uses which include fabrication,
manufacturing, assembly, or processing of materials that are in already processed for and which
do not in their maintenance, assembly, manufacture, or plant operation create smoke, gas, odor,
dust, sound, vibration, soot, glare, or lighting to any degree which might be obnoxious or offensive
to persons residing in or conducting business in either this or any other zone. In addition, the site
has adequate vehicular access and is located in a manner which would not create a land use
transition impact to adjacent properties or uses.
Pursuant to Section 92.17,03 of the Zoning Ordinance, the M-1 zone required 25' front setbacks,
20' side and rear setbacks. Minimum setbacks to buildings are proposed at 35' on Ramon Road,
21.2'on San Luis Rey, 48' on Crossley and 20' to the edge of the loading docks on Sunny Dunes
Road. Staff recommends that all buildings have a 25' minimum setback adjacent to streets, with
the exception of the loading docks. The maximum building height ranges between 22'8"and 32'8".
Architectural elements of the building measure up to 41'8", and complywith provisions of the code
requiring a one foot setback to one foot of rise for portions of buildings over 30' in height and high-
rise ordinance (Section 93.04.00) provisions which require 1.5 of setback for each foot of vertical
rise. The architectural elements in excess of 30 feet in height are set back 720 feet from the front
setback on Ramon Road. All portions of the buildings in excess of 30 feet in height are set back
a minimum of 30 feet from the property lines.
As for the balance of the property within the boundaries of the Tentative Map area, the future uses
and design considerations will be governed by the Business/Industrial General Plan provisions and
the development standards of the M-1 zone. The subject site is surrounded by lands zoned for
commercial, industrial and multi-family land use. Potential future uses include office, retail and/or
light industrial development, all of which can be integrated easily for a compatible land use
transition between future uses and the home improvement center.
35
dI
SITE ISSUES
Key site issues include outdoor storage through the use of an on-site cargo container storage area
located in the south west corner of the site. Containers also eight (8')feet in height This area will
be adequately walled and screened by a combination decorative eight (8') foot block wall, gates
and iron fencing and landscaped to minimum off-site visibility.
LIGHTING
The applicant has requested consideration of an increase in the height of the parking lot light
fixtures from eighteen 18' to thirty (30') feet in height. The project is designed with metal halide
lights, with eighteen foot tall fixtures located in the parking areas adjacent to Ramon Road and
thirty foot lights located behind the primary driveway in the middle of the project. The applicant
contends that the increased light fixture height will reduce the overall number of fixtures required
and provide for an more even lighting of the site. Staff is concerned that increasing the fixture
height will create additional glare in the area and detract from the night skies. The Planning
Commission is authorized to allow freestanding lights up to the forty(40)foot(Section 93.21.00).
Building mounted lights may be mounted no higher than eighteen (18) feet and must be a full
cutoff. Lighting may not be mounted above the roof-line. High pressure sodium lighting is required
by code. Staff recommends approving a lighting plan, which complies with and all ordinance
requirements and General Plan, which states that the communityfinds it desirable to keep ambient
lighting as low as possible to enhance the City's character. During review of the Lowe's project
located immediately to the west of the subject property, a similar request was made. The Planning
Commission limited lighting height to 18' on the Lowe's project. The options to be discussed with
the Design Review Board include 18' maximum height, 18' around the perimeter within 150' feet
of the property lines, with 30' lighting on the interior of the large parking area, and the applicants
proposal. The subject property is significantly larger than the Lowe's site. Based upon community
values, the Design Review Committee will make a recommendation on the lighting program.
Staff also recommends the use of decorative bollard lighting adjacent to the perimeter sidewalk,
and driveways, along all four street frontages, to enhance pedestrian safety.
SIGN PROGRAM
The tables below summarizes the proposed sign program.
Walmart, Major "1" Building
Sign and page Type Text Area Permitted by
of program Code
A (Page 9) Wall mounted Walmart 389 Yes. Max 125
B (Page 9) Wall mounted Always (2) 2@145=291 Yes. Max 3
C (Page 9) Wall mounted Retail 87 Yes. Allowed for
grocery stores.
D (Page 9) Wall mounted Retail 50 Yes. *
36
E (Page 9) Wall mounted Retail 11 Yes. '
F (Page 9) Wall mounted Retail 6 Yes. '
G (Page 9) Wall mounted Retail 5 Yes. '
H (Page 9) Wall mounted Retail 10 Yes.
I (Page 9) Wall mounted Retail 68 Yes. '
J (Page 9) Wall mounted Retail 44 Yes. '
K (Page 9) Wall mounted Retail 16 Yes. '
L (Page 9) Wall mounted Retail 14 Yes. '
M (Page 9) Wall mounted Retail 10 Yes. '
N (Page 9) Wall mounted Retail 95 Yes. `
O (Page 10) Wall mounted Retail 2 @ 3= 6 Yes. '
P (Page 10) Wall mounted Retail 8 Yes. '
Q (Page 10) Wall mounted Retail 92 Yes. '
R (Page 11) Wall mounted Retail 2@ 3 = 6 Yes. '
S (Page 11) Wall mounted Retail 8 Yes. '
Yes, allowed for grocery stores, but number of signs seem excessive.
Fueling Station and Tenant Signs
Sign and page Type Text Area Permitted by Code
of program
Fuel "A" Mounted on Fueling Station 48 sq.ft. Yes, max 10 sq.ft.
(Page 12) Canopy signage (96 sq.ft.) affixed to building
two proposed
Fuel "B" Mounted on Gas Pricing 27 sq.ft. No
(Page 12) Canopy sign (54 sq.ft.)
Fuel "C' Gas kiosk Gas brand 18 sq.ft. No
(Page 12)
37
Tenant/ Pad --- Proposed at 2 n.a. Yes. Max 50 square
Buildings square foot per feet per code. One (1)
(Page 13) lineal foot of square foot per linear
building foot of building
frontage, with frontage.
signs on all four
building
elevations
Monument Signs
Sign and page Type Text Area Permitted by
of program Code
All, A2, A3 Monument Destination 235 sq.ft. Yes. Max 50
(Page 14) Ramon, Major, sq.ft., Max eight
two tenants (8) feet in
height, Major,
tenant
identification.
B1, B2, B3, B4 Monument Destination 130 sq.ft. No. Replicates
(Page 15) Ramon, pad building signage
tenant
C Monument Fuel logo and 144 sq.ft. Yes, max 36
(Page 16) prices sq.ft., per side,
max eight feet in
height
From a strict code perspective, the following signs are permitted by right of zone:
• Three monument signs, A-2,A-3, listing"Walmart"only, (max.of 50 square feet), additional
tenants are permitted space on the monument sign if they exceed 20,000 square feet. None
of the proposed tenants meet this criteria. On recent projects, the Planning Commission
has allowed tenants to be listed on a monument sign when tenants do not meet the 20,000
sq.ft. criteria;
• One fuel monument sign, (36 sq ft.);
One fuel canopy sign (10 sq.ft.);
Two "Walmart: signs over entries (north elevation), a maximum of 125 square feet (250),
maximum height of 28 feet; and
One Auto service signs (25 sq.ft.).
The applicant has submitted an attractive, well-designed sign program, which is architecturally
integrated with the overall design theme of the project. At the neighboring Lowe's project, the
Planning Commission required the use of halo illumination signs on the building. On Sunrise
Ralph's, the applicant was allowed both face and halo illuminated signs. The Design Review
Committee will review the overall sign program for conformity with community values, project size
and scale and make a recommendation to the Planning Commission on the sign program,
regarding allowable sign area and heightfor monument signs,the formula for pad/tenant signs, and
38
major tenant building signs
The Planning Commission has allowed property owners to designate'key"tenants on monuments
with flexibility on size criteria. Staff supports the listing of up to two tenants on the monument signs
as a reasonable request.
PARKING LOT ACTIVITIES
Walmart is recognized as a retailer that conducts special events in the parking lot. These events
can include tree sales, flower sales, car washes and other special events. Staff recommends
regulation of these special events through the land use permit process,and allowing forfourevents
annually. Since used car sales are not permitted unless in conjunction with new car sales, staff
recommends prohibition of used car sales.
PROPERTY DEVELOPMENT ANALYSIS:
1. Tentative Parcel Mao The application includes a request to subdivide the 31.12 acre site into
seven parcels for the development of the Destination Ramon project. In reviewing the development
standards for the M-1 zone, each lot shall have a minimum lot size of 20,000 square feet, except
lots that front on major thoroughfares, which shall have a minimum lot size of 40,000 square feet
and minimum lot width and depth dimensions of 200 feet. Parcels 4 and 5, which are located
directly on Ramon Road, do not meet the minimum lot depth and dimensional criteria of M-1 zone.
Both lots do meet the minimum size requirements. Because the entry driveway is curved and has
been designed to moderate traffic speeds and evenly distribute traffic throughout the project, these
two parcels do meetthe minimum 200'required depth. Both lots do complywith minimum width and
area requirements. However, lot sizes can vary from these standards through the approval of a
Master Plan.The preliminarysite plan indicates that buildings and parking are proposed on Parcels
4 and 5 in addition street side landscape and wall improvements are proposed on these parcels.
Since these parcels are shown as an integrated part of the on-site improvements for the
Destination Ramon project, the proposed site plan qualifies as a Master Plan and the minimum lot
size and dimension standards can be waived in this situation. When specific buildings are proposed
on Parcels 4 and 5, their development will be subject to consideration of the Planning Commission
and, if required by the Zoning Ordinance, the City Council.
In conclusion, the proposed subdivision will not create any substandard development conditions
as it relates to the development of the home improvement center and will still allow for the future
development of the remainder parcel in an orderly and efficient manner. Vehicular and pedestrian
access will not be limited by the subdivision of the land in the manner proposed by the Tentative
Parcel Map.
ZONING / LAND USES:
North: Planned Community Commercial, and Medium Density Residential(Cathedral City
zone)/ Subway restaurant, multi family residential, retail and industrial uses
South: M-1 zone/ Vacant Land
East: M-1 zone/ Vacant Land
West: M-1 zone/ Lowe's and vacant land
39
Attachment 8
40
RESOLUTION NO.
EXHIBIT A
CASE NO. 5.0957-CUP
DESTINATION RAMON, LLC.
5601 RAMON ROAD
APRIL 28, 2004
LEGISLATIVE DRAFT CONDITIONS OF APPROVAL
Before final acceptance of the project,all conditions listed belowshall be completed to the satisfaction
of the City Engineer,the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their
designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by
the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.0957-CUP. 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 judgement or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
3. That the propertyowner(s)and successors and assignees in interest shall maintain and repair
the improvements including and without limitation sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private property, in a first
class condition,free from waste and debris, and in accordance with all applicable law, rules,
ordinances and regulations of all federal, state, and local bodies and agencies having
jurisdiction at the property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
4. The project is located in an area defined as having an impact on fish and wildlife as defined
in Section 711.4 of the Fish and Game Code and an Environmental Impact Report is being
prepared on the project;therefore a fee of$914.00 plus an administrative fee of$50.00 shall
be submitted by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk prior to Council action on the project. This fee shall be submitted
by the City to the County Clerk and State Clearinghouse with the Notice of Determination.
5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be paid to the
Coachella Valley Association of Governments (CVAG).
6. 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 Peeing being 1/2% for
commercial projects or 1/4%for residential projects with first$100,000 of total building permit
valuation for individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of Planning and
Zoning and the Public Arts Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access and viewing. Any
on-site public art shall reflect the culture and traditions of the Agua Caliente Band of Cahuilla
Indians.
7. As the property is Indian trust land,fees as required by the Agua Caliente Band of Cahuilla
Indians Tribal Council shall be paid prior to consideration of this project by the Indian
Planning Commission.
CEQA
8. The Mitigation measures are contained in the Mitigation Monitoring Program, which is
hereby incorporated by reference, and are adopted as conditions of approval by City
Council Resolution No (20902).
CC&R's
9. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning
for approval in a form to be approved by the City Attorney, to-be
ef--a with recordation of the final map. Provisions pertaining to maintenance in 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 by one maintenance entity.
10, The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,500,
for the review of the CC&R's by the City Attorney.A$250 filing fee shall also be paid to the
City Planning Department for administrative review purposes.
Additional Permits
11. A Land Use Permit is required for all outdoor special events. A maximum of six special
events, lasting two weeks in duration, and may be held per year. Additionally, special
events for Halloween and Christmas, and other events as may be permitted for extended
time periods, per approval by the City. These include, but not limited to tree sales, car
washed, plant sales,furniture sales, and other unspecified outdoor events on site, shall be
submitted for review and approval by the Director of Planning and Zoning, prior to issuance
of a certificate of occupancy. Any outdoor future food use associated with the major tenant
shall be subject to consideration of a land use permit. See Condition # 35 for prohibited
uses.
12. The applicant/developer/property owner shall be required to design and construct a custom
bus shelter, which is consistent with the project architecture. The bus shelter design shall
comply with Sunline Transit bus shelter design criteria and shall be submitted to Sunline
Transit for review and comment prior to City review and approval. The property owner shall
maintain the bus shelter for the life of the project, unless a separate maintenance
agreement between the property owner and Sunline Transit is entered into.
Cultural Resources
13. To ensure that any cultural information is current, the Agua Caliente TPHO requires that
an archeologist qualifies according to the Secretary of the Interior's standards and
Guidelines will perform a record search and a Phase 1 Field survey of the area prior to
initiation of construction. If the area has been previously surveyed and the survey report is
up to date (January 2000), then no additional survey is required. The record search should
include contacting the Eastern Information Center at the University of California, Riverside
and the Agua Caliente Register in Palm Springs, California. 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 forthe presence of cultural
resources identifiable on the ground surface.
14, Given that portions of the project area are within an alluvial formation, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities.
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a). Experience has shown that there is always a possibility of buried cultural resources
in a project area. Given that, a Native American Monitor(s) shall be present during
all ground disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office foradditional information on the use and availabilityof Cultural
Resource Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the consultation the
Director shall have the authority to halt destructive construction and shall notify a
Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist
shall prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning Department
prior to issuance of a certificate of occupancy.
Final Design
15. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning and Zoning prior to issuance of a building permit.
Landscape plans shall be approved by the Riverside County Agricultural Commissioner's
Office prior to submittal.
16. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
April 23, 20041-ighting Standards,shall be submitted for reviewand approval bythe Director
of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets
of all exterior lighting on the building and in the 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.
17. Project shall have minimum 25' setbacks to all streets, with the exception of the loading
docks.
18. Design Review recommendations or other conditions related to final project
design/construction.
A. Large pieces of stone shall be incorporated into the leger stone.
B. The horizontal element of the main structure shall be incorporated into the gas station
canopy to streamline its visual appearance.
C. Shopping cart storage shall be indoors, or fully screened if located outside of the
building. Shopping cart storage areas in parking areas shall match shopping cart storage
as constructed at Lowe's or equivalent design.
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D. The outside rear column shall pierce the horizontal plan at the entry.
Lighting
19. Light bollards, spaced at a minimum of fifty (50) feet on center shall be required along all
perimeter sidewalks, in order to provide for adequate pedestrian night lighting.
20. The parking lot lighting program shall be designed according to Section 93.21.00 (Outdoor
lighting standards). All lighting shall be
a.Architecturally integrated with the character of the associated structures, site design and
landscape;
b. Directed downward and shielded, or specifically directed to walls, landscape elements
or other similar features, so that light is confined within the boundaries of the subject parcel;
c. Installed so that lights do not blink, flash or be of unusually high intensity or brightness.
All light fixtures shall have flat tenses.;
d. Installed in conformance with the provisions of this section, the building code, the
electrical code, and under appropriate permit and site inspection.
e. Parking Area Illumination Levels. The minimum maintained illumination requirement is
one-half(.5)footcandles in the general parking areas. "General parking areas"are defined
as being eighty (80) percent of a parking lot excluding entrances or traffic lanes directly in
front of store entrances for commercial zones. The maximum to minimum footcandle ratios
shall not exceed 16:1, with a maximum of eight (8) footcandles and an average not to
exceed three (3)footcandles, in general parking areas. Lighting plans should be designed
so that higher traffic areas have sufficient lighting. Vertical lamps shall be utilized for lights
on poles. Wall mounted lights may utilize horizontal lamps, provided they are fully shielded.
Lenses shall not protrude below the lamp screening material, that is sag lenses are not
permissible.
f. That the Planning Commission approve the preliminary, lighting program, subject
to review of a final parking lot lighting plan and photometric study, which includes
photometric studies of the entire parking lot, with fixtures at 18' in height in areas
adjacent to street frontages, and up to 25' in height in the interior of the parking lot,
with specific wattage to approved as part of final plan check.
Screening of Parking Area and Drive-Through Facilities
21. The entire parking lot ands all drive-through facilities must adequately screened by 4'-0"tall
decorative walls, berms, landscaping or a combination thereof.These walls should include
decorative block, cap and pilasters and berms architecturally integrated with the major
tenant building. In addition, this screening must include and landscaping, including trees
and shrubs.
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Signage
22. The following sign program shall be deemed approved:
a. Three monument signs, with three tenants to be approved by the developer, are
approved, 12' in height on Ramon Road, 8' in height along Crossley Road and San Luis
Rey.— lie third horizonta baf s to be deleted from the mondment signs. Individual
monument signs for the pad buildings are not permitted. Vacu-form letters are not
permitted.
b. The entire WalMart building sign program, signs A-R, is approved.
c. Corner buildings shall be allowed a maximum of 1.5 square feet of signage per linear
frontage, up to 75% of the fascia.
d. Multi-tenant and fast food signage is permitted per Section 93.20.00 of the Sign
Ordinance, at a rate of one and half (1.5) (-1-6j square foot of signage per one (1) linear
foot of frontage, with a maximum of 50 square feet.
e. A single tenant building shall be permitted signs at a rate of 1.5 square feet per foot of
frontage, up to a maximum of 75% of the fascia.
f. The gas station monument sign face shall be a maximum of thirty-six (36) square feet.
g. No roof top or roof mounted signs shall be permitted.
23. Separate permits shall be required for all signs. A revised final detailed sign program shall
be submitted for review and approval by the Director of Planning and Zoning prior to
issuance of building permits. Architectural approval applications for all free-standing
buildings shall include a sign program.
Biological
24. The applicant shall ensure that all Burrowing Owls must be surveyed for in suitable habitat
no later that 30 days prior to ground disturbance. If burrowing owls are detected during the
nesting period (February 1 -August 31), the following must occur:
a. A 75 meter buffer zone around active nests must occur, and
b. Relocation of birds if no eggslincubation occurring.
25. If relocation is to occur,every effort shall be made to relocate owls using a passive method
of one way traps and to comply with the requirements of the Tribal Habitat Conservation
Plan.
Landscape
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26. Landscaping shall include a mixture of 24" and 36" box size trees, or greater. All trees shall
be allowed to grow to full form and height and shall not be topped or excessively trimmed.
27. The retention basin shall be fully landscaped, including trees, shrubs and ground cover.
General Operations
28. Merchandise shall not be stored or displayed outdoors, unless permitted through the Land
Use Permit Process.
29. Outdoor storage in the garden area shall not exceed the height of the perimeter screen
fence/walls of this area.
30, Outdoor storage in the cargo container storage area, must be stored entirely within the
cargo containers,and shall not exceed the heightof the perimeter screen fence/walls of this
area. Container storage outside of the designated area is prohibited.
31. The shipping container storage area shall be walled, screened and heavily landscaped
along both perimeter streets. No cargo or other shipping containers shall be allowed to be
parked or stored in any other locations on site.
32. On-site camping, car camping and RV camping and the sales of used cars on site are
prohibited.
GENERAL CONDITIONS/CODE REQUIREMENTS
33. The Conditional Use Permit approval shall be valid for a period of three (3) years. Once
constructed, the conditional use permit, provide ali conditions of approval have been
complied with, does not have a time limit. Extensions of time may be granted by the
Planning Commission upon demonstration of good cause.
34, The appeal period for a Conditional Use Permit application is 15 calendar days from the
date of project approval. Permits will not be issued until the appeal period has concluded.
35. Prior to issuance of a building permit, the applicant must provide a standard avigation
easement and non-suit covenant in a form prescribed and approved by the City Attorney,
with reference to present and future owners of the parcel. The avigation and non-suite
covenant shall be recorded against all parcels.
36. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Zoning for review and approval prior to the issuance of a building
permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
37. 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.
38. 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.
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39. All materials on the flat portions of the roof shall be cream tone in color.
40. All roof mounted mechanical equipment shall be screened from all adjacent at grade
vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with the
architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the building,
the equipment heights, and type of screening. Parapet walls shall be at least 6" above the
tallest piece of roof mounted equipment for the purpose of screening. Cross sections of the
parapet walls and manufacturers cut sheets for each piece of roof mounted mechanical
equipment shall be required prior to issuance of building permits.
41. No exterior downspouts shall be permitted on anyfacade on the proposed building(s)which
are visible from adjacent streets or residential and commercial areas.
42. Perimeter walls shall be designed, installed and maintained in compliance with the corner
cutback requirements as required in Section 9302.00.D.
43. 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.
44. The street address numbering/lettering shall not exceed eight inches in height.
45. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
46. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
47. No outside storage of any kind shall be permitted except the container Storage area
approved as a part of the proposed plan.
48. The project shall comply with the City of Palm Springs Transportation Demand
Management (TDM) Ordinance which establishes transportation demand management
requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for
specific requirements. This must be submitted for approval sixty a minimum of (60) days
prior to issuance of the certificate of occupancy and must be approved prior to opening.
49. Priorto 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.
50. The applicant shall provide all tenants with Conditions of Approval of this project.
51. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning
Ordinance. Said facilities shall be indicated on the site plan and approved priorto issuance
of building permits. Eight foot decorative screen walls are permitted along Sunny Dunes
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Road, at the loading docks.
52. Standard parking spaces shall be 17 feet deep by 9 feet wide at a minimum; 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".
53. 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.
54. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
55. 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.
56. Deleted.
57. 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.
58. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan. A minimum 50%
of the parking area must be shaded, as provided by code.
59. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U"
design. Individual wheel stops shall be prohibited.
60. 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.
61. Tree wells shall be provided within the parking lot and shall have a planting area of six feet
in diameter/width.
POLICE DEPARTMENT
62. Developershall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT
63. Prior to any construction on-site, all appropriate permits must be secured.
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ENGINEERING
The Engineering Division recommends that if this application is approved,such approval is subject
to the following conditions being completed in compliance with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
64. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
65. Any improvements within Cathedral Cityrequire issuance of an encroachment permitand/or
other approvals from the City of Cathedral City.
66. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance
of any grading or building permits.
67. Abandonment of existing public rights-of-way and easements are required to facilitate the
proposed development application. Abandonment of public right-of-way for Sky Point Drive
North, Sky Point Drive West and Sky Point Drive East (shown as Lots D and E on Tract
Map No. 19544) and a 50 feet wide landscape easement(shown as Lots A and B on Tract
Map No. 19544) will be necessary. The developer shall be responsible for coordinating
approval of the abandonment of the public rights-of-way with all public utility agencies.
Developer shall coordinate final relocation, adjustment or abandonment of all utilities with
the respective utility agencies; and shall coordinate demolition of all existing improvements,
reconstruction of affected intersecting streets,as appropriate,with the Engineering Division,
RAMON ROAD
68. Dedicate an easement for sidewalk and bicycle path purposes along the entire Ramon
Road frontage as required for those portions of the meandering sidewalk and bicycle path
that encroach onto private property.
69. Dedicate additional right-of-way concentricwith the back of sidewalk along the bus turn-out
to be located at the southeast corner of the intersection of Ramon Road and San Luis Rey
Drive.
70, Construct a 160-feet long by 12-feet wide bus turn out at the southeast corner of the
intersection of Ramon Road and San Luis Rey Drive. The configuration shall be approved
by the City Engineer in coordination with SunLine Transit Agency. Contact SunLine Transit
Agency for details regarding bus stop furniture and bus shelter requirements. A bus stop
shelter and required furniture, lighting,and other improvements required by SunLine Transit
Agency shall be constructed.
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71. Construct a 72 feetwide(or narrowed, as required by the City Engineer)driveway approach
(Main Entrance) in accordance with City of Palm Springs Standard Drawing No. 205. The
centerline of the driveway approach (Main Entrance) shall be located approximately 630
feet west of the centerline of Crossley Road as shown on the approved site plan. Access
shall be limited to right-turn in, right-turn out, and left-turn in only; left-turn egress shall be
prohibited. The egress lane shall be narrowed to allow for one right-turn lane only.
72, The proposed site plan indicates a new meandering sidewalk along the Ramon Road
frontage. If a new meandering sidewalk and bicycle path are proposed, the existing
sidewalk and bicycle path shall be removed and a new 12 feet wide Class I meandering
combination sidewalk and bicycle path (Caltrans Design Manual, Chapter 1000- Bikeway
Planning and Design)shall be constructed along the entire frontage as proposed on the site
plan. The bicycle path shall be constructed of colored Portland cement concrete. The
admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the
Engineering Division.
OR
at the developer's option, the existing 5 feet wide sidewalk shall be protected in place, and
construct a separate 8 feetwide Class I meandering bicycle path (Caltrans Design Manual,
Chapter 1000- Bikeway Planning and design)shall be constructed along the Ramon Road
frontage. The bicycle path shall be constructed of colored Portland cement concrete. The
admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the
Engineering Division. The concrete shall receive a broom finish.
73. Construct Type C curb ramps at the driveway approach (Main Entrance) meeting current
California State Accessibility standards in accordance with City of Palm Springs Standard
Drawing No. 214.
74, The existing curb and gutter shall remain in place except for a curb cut necessary for the
proposed driveway approach and as necessary for construction of the required bus turn-
out.
75. Construct a 14-feet wide raised, landscaped median island as specified by the City
Engineer from San Luis Rey Drive to Crossley Road. Median landscaping shall be
designed consistent with median landscaping within the existing Ramon Road medians,
subject to the approval of the Director of Planning and Zoning. The median nose width
shall be constructed 4 feet wide and have cobblestone paving. The left turn pockets shall
be designed in accordance with Section 405 of the current edition of the Caltrans Highway
Design Manual, in coordination with requirements included in the Destination Ramon
Project Traffic Impact Study prepared by Endo Engineering, dated August 2003 (as
amended), and as approved by the City Engineer. Design and construction of the
landscaped median island shall be coordinated with the City of Cathedral City,as required.
76. All broken or off grade street improvements shall be repaired or replaced.
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CROSSLEY ROAD
77. Dedicate an easement for sidewalk and bicycle path purposes along the entire Crossley
Road frontage as required for those portions of the meandering sidewalk and bicycle path
that encroach onto private property.
78. Protect the existing sidewalk in place and construct a separate 8 feet wide Class I
meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and
design)along the entire frontage. The bicycle path shall be constructed of colored Portland
cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved
equal color by the Engineering Division. The concrete shall receive a broom finish.
OR
at the developer's option, if a new meandering combination sidewalk and bicycle path is
proposed, the existing sidewalk shall be removed and a new 12 feet wide Class I
meandering combination sidewalk and bicycle path(Caltrans Design Manual,Chapter 1000
- Bikeway Planning and Design)shall be constructed along the entire frontage. The bicycle
path shall be constructed of colored Portland cement concrete. The admixture shall be
Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The
concrete shall receive a broom finish.
79. Construct a 40 feet wide driveway approach (South Entrance) in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall
be located approximately 765 feet south of the centerline of Ramon Road as shown on the
approved site plan. The driveway approach shall provide one ingress lane, and two egress
lanes, as required by the Traffic Impact Study.
80. Construct a 36 feet wide driveway approach (North Entrance) in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway shall be located
approximately 365 feet south of the centerline of Ramon Road as shown on the approved
site plan. The driveway approach shall provide one ingress lane, and two egress lanes, as
required by the Traffic Impact Study.
81. Construct TypeCcurbrampsmeetingcurrentCaliforniaStateAccessibilitystandardseither
side of each driveway approach in accordance with City of Palm Springs Standard Drawing
No. 214.
82. The existing curb and gutter shall remain in place except for curb cuts necessary for
driveway approaches.
83. Remove the existing traffic striping improvements and install new traffic striping
improvements to provide two (2) through traffic lanes each direction and a 12 feet wide
painted center two-way left-turn lane from Ramon Road to Sunny Dunes Road. Provide
appropriate traffic striping and signage along the entire Crossley Road frontage,as required
by the City Engineer.
84. All broken or off grade street improvements shall be repaired or replaced.
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SUNNY DUNES ROAD
85. Construct a 60 feet wide driveway approach (West Entrance) in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall
be located approximately 425 feet east of the centerline of San Luis Rey Drive as shown
on the approved site plan.
86. Construct a 60 feet wide driveway approach (Central Entrance) in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall
be located approximately 660 feet east of the centerline of San Luis Rey Drive as shown
on the approved site plan.
87. Deleted,
88. Construct Type C curb ramps meeting current California State Accessibility standards either
side of each driveway approach in accordance with City of Palm Springs Standard Drawing
No. 214.
89. The existing sidewalk, curb and gutter shall remain in place except for curb cuts necessary
for the commercial driveway approaches.
90. All broken or off grade street improvements shall be repaired or replaced.
SAN LUIS REY DRIVE
91. Construct a 36 feet wide driveway approach (South Entrance) in accordance with City of
Palm Springs Standard Drawing No, 205. The centerline of the driveway approach shall
be located a minimum of 150 feet north of the centerline of Camino Parocela. The driveway
approach shall provide one ingress lane, and two egress lanes, as required by the Traffic
Impact Study.
92. Construct a 36 feet wide driveway approach (North Entrance) in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway shall align with
the existing commercial driveway on the west side of San Luis Rey Drive, located
approximately 345 feet south of the centerline of Ramon Road. The driveway approach
shall provide one ingress lane, and two egress lanes, as required by the Traffic Impact
Study.
93. Construct Type C curb ramps meeting current California State Accessibility standards at
either side of each driveway approach in accordance with City of Palm Springs Standard
Drawing No. 214,
94. Remove the existing traffic striping improvements and install new traffic striping
improvements to provide one (1) through traffic lane each direction and a 12 feet wide
painted center two-way left-turn lane as specified by the City Engineer from Ramon Road
to Camino Parocela. Provide appropriate traffic striping and signage along the entire San
Luis Rey Drive frontage, as required by the City Engineer.
95. The existing sidewalk, curb and gutter shall remain in place except for curb cuts necessary
for proposed driveway approaches.
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96. All broken or off grade street improvements shall be repaired or replaced.
SKY POINT DRIVE (NORTH, EAST, AND WEST)
97. Remove all abandoned street improvements, underlying utilities, and other improvements
in accordance with requirements of the affected utility companies and the City Engineer.
Removals shall occur upon approval of a Parcel Map of the subject property, formally
vacating and abandoning the existing public rights-of-way.
SANITARY SEWER
98. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be
connected at manholes.
GRADING
99. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or
qualified Architect to the Engineering Division for review and approval. A PM 10 (dust
control) Plan shall be submitted to and approved by the Building Department prior to
approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the
City Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of signed Conditions of Approval from Planning Department.
B. Copy of Site Plan stamped approved and signed by the Planning Department.
C. Copy of current Title Report
D. Copy of Soils Report
E. Copy of Hydrology Study/Report
100. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and
sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.
101. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
102. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond
of two thousand dollars ($2,000.00) per acre shall be posted with the City for mitigation
measures of erosion/blowsand relating to his property and development.
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103. A soils report prepared by a California registered Geotechnical Engineer shall be required
for and incorporated as an integral part of the grading plan for the proposed development.
A copy of the soils report shall be submitted to the Building Department and to the
Engineering Division prior to approval of the Grading Plan.
104. Contact the Building Department to get information regarding the preparation of the PM10
(dust control) plan requirements.
105. 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)priorto approval of the
Grading Plan.The California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
106. All stormwater runoff passing through and falling onto the site shall be accepted and
conveyed to an on-site retention/detention basin approved by the City Engineer as
proposed in the Conceptual Hydrology Reportfor Destination Ramon Tentative Parcel Map
No. 30745 prepared by Development Resource Consultants. Final detention/retention
basin sizing and other stormwater runoff mitigation measures shall be determined upon
review and approval of a final hydrology study by the City Engineer and may require
redesign or changes to site configuration or layout consistent with the findings of the final
hydrology study.
107. An easement shall be reserved, granted or otherwise dedicated over the property as
necessary to provide a retention basin as required by a final hydrology study approved by
the City Engineer. The property, identified as Parcel 7 on the Tentative Parcel Map, shall
be limited to flood control purposes only, and shall not be allowed for building or
development purposes.
108. 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 street through parkway or under sidewalk drains.
109. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall
be paid prior to issuance of a building permit.
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ON-SITE
110. The minimum pavement section for all general access and parking areas shall be 2'% inch
asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, or as required in the geotechnical study. For
heavy commercial traffic access and delivery truck loading areas, the minimum pavement
section shall be determined by a Soils Study prepared for this project. If an alternative
pavement section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
GENERAL
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.
112. All proposed utility lines shall be installed underground.
113. All existing utilities shall be shown on the grading/street plans. The existing and proposed
service laterals shall be shown from the main line to the property line.
114. The original improvement plans prepared for the proposed development and approved by
the City Engineer shall be documented with record drawing "as-built" information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
115. Nothing shall be constructed or planted in the corner cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Zoning Code Section 93.02.00, D.
116. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Standard Drawing No. 904.
TRAFFIC
117. Based on the Destination Ramon Project Traffic Impact Study prepared by Endo
Engineering, dated August 2003 (as amended or updated), the following mitigation
measures shall be required prior to issuance of a building permit:
A. Payment in the amount of $2,677.30 (6.53% of $41,000 estimated cost) shall be
made to the City for the developer's fair share to install traffic striping and traffic
signal modification improvements to provide an additional southbound left-turn lane
at the intersection of Ramon Road and Farrell Drive.
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B. Payment in the amount of$6,813.90 (20.34% of$33,500 estimated cost) shall be
made to the City for the developer's fair share to install traffic striping and traffic
signal modification improvements to provide an additional northbound left-turn lane,
southbound left-turn lane, and split-phasing of the traffic signal at the intersection
of Ramon Road and San Luis Rey Drive.
C. Payment in the amount of$4,944.10 (10.09% of $49,000 estimated cost) shall be
made to the City for the developer's fair share to install traffic striping and traffic
signal modification improvements to provide a northbound right-turn lane at the
intersection of Ramon Road and Crossley Road.
D. Payment in the amount of $14,244.00 (11.87% of $120.000 estimated cost) shall
be made to the City for the developer's fair share to install a traffic signal at the
intersection of Sunny Dunes Road and Crossley Road.
E. Payment in the amount of$22,044.00 (18.37% of $120,000 estimated cost) shall
be made to the City for the developer's fair share to install a traffic signal at the
intersection of Mesquite Avenue and San Luis Rey Drive.
F. Payment in the amount of $849.00 (14.15% of $6,000 estimated cost) shall be
made to the City for the developer's fair share to install traffic striping to provide for
an additional southbound left-turn lane, southbound through/right-turn lane, and a
northbound through/right-turn lane at the intersection of Mesquite Avenue and
Crossley Road.
G. Payment in the amount of$32,928.00 (27.44% of$120,000 estimated cost) shall
be made to the City for the developer's fair share to install a traffic signal at the
intersection of Crossley Road and the "South Entrance".
H. Payment in the amount of$84,500.30, representing the developer's total fair share
cost of future traffic mitigation measures, shall be made to the City prior to issuance
of a building permit.
125. A minimum of48 inches of sidewalk clearance shall be provided around all street furniture,
fire hydrants and other above-ground facilities for handicap accessibility. The developer
shall provide same through dedication of additional right-of-way and widening of the
sidewalk or shall be responsible for the relocation of all existing poles, conduit, pull boxes
and appurtenances.
126. All damaged, destroyed, or modified pavement legends and striping associated with the
proposed development shall be replaced as required by the City Engineer prior to issuance
of a Certificate of Occupancy.
127. Submit traffic striping plans prepared by a California registered Civil Engineer to the
Engineering Division for review and approval.All required trafficstriping 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.
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128. A 36 inch stop sign (and standard stop bar and legend) shall be installed at all non-
signalized driveway locations in accordance with City of Palm Springs Standard Drawing
Nos. 620-625.
129. 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.
130. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of a building permit.
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NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
APPEAL OF CASE LUP #16-016 FOR TEMPORARY AUTOMOBILE SALES
AT 5601 EAST RAMON 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 April 6, 2016. 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 appeal by Daniel Dorado regarding the
Planning Commission's decision on February 24, 2016, to deny a Land Use Permit for
temporary automobile sales over a four-day period in the parking lot of the Wal-Mart store.
The subject site is located at 5601 E. Ramon Road, and is zoned M-1.
ENVIRONMENTAL DETERMINATION: The issuance of a Land Use Permit is a ministerial
action. Pursuant to Section 15268 of the Guidelines for the California Environmental Quality
Act, ministerial projects are exempt from the requirements of CEQA.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are also available for public review at City Hall between the hours of
8:00 a.m. and 6:00 p.m. Monday through Thursday. 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
City Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues
raised at the public hearing described in this notice, or in written correspondence delivered to
the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Flinn Fagg, Director, Planning Services Department at
(760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Felipe Primera (760) 323-8253.
James Thompson, City Clerk
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4
promotionst
MARCH 8, 2016
To whom it may concern
VPA Promotions is an authorized vendor managing excess tenant space for Walmart.The tenant space
agreement is used for conducting offsite tent sales for Automotive and Recreational dealerships where
allowed by city and state laws.The dealerships are allowed to bring new or used vehicles to the tent
sale for display or sale purposes after contracting with VPA Promotions and obtaining the proper
permits and insurance requirements.
Thank you in advance
Terri Russo
National Sales Manager