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HomeMy WebLinkAbout10/19/2005 - STAFF REPORTS (6) QpLM Spo �2 � c a °q<,FORN�P City Council Staff Report DATE: October 19, 2005 Public Hearing SUBJECT: CASE 5.0984 PD-291 - APPLICATION BY GEIGER, LLC TO DEVELOP AN APPROXIMATELY 393,000 SQUARE FOOT COMMERCIAL CENTER ON APPROXIMATELY 37 ACRES AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111), ZONE M-1-P, SECTION 17, APNs 677280041 AND 677420032- 034. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY On September 28, 2005, the Planning Commission reviewed the proposed project and voted 7-0 to recommend that the City Council: 1) Certify the Final Environmental Impact Report as complete; and 2) Approve Case 5.0948 PD-291, subject to the amended conditions of approval, for the development of a 393,000 square foot commercial center on 37 acres at the northeast corner of Gene Autry Trail (Highway 111) and Ramon Road, Zone M-1-P, Section 17, APNs 677280041 and 677420032-034. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2003121001) FOR THE SPRINGS COMMERCIAL CENTER (CASE 5.0984 PD-291) AS COMPLETE, ADOPTING THE CORRESPONDING STATEMENT OF FACTS AND FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING AN APPLICATION BY GEIGER LLC, SUBJECT TO CONDITIONS OF APPROVAL, TO DEVELOP APPROXIMATELY 393,000 SQUARE FEET OF COMMERCIAL SPACE ON APPROXIMATELY 37 ACRES, LOCATED AT NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1-P, SECTION 17, APNs 677280041 AND 677420032-034. Item No. 1 . C L . City Council Staff Report October 19, 2005 -- Page 2 5.0984 Planned Develop 291 The Springs Commercial Center STAFF ANALYSIS: In February 2002 the Community Redevelopment Agency of the City of Palm Springs (the "Agency") entered into an Exclusive Agreement to Negotiate with Geiger, LLC for the inclusion of Agency-owned land at the corner of Gene Autry Trail and Ramon Road, commonly known as the former dumpsite, in the potential future development of a regional retail shopping center. Since that time, in addition to designing and marketing the project to prospective tenants, Geiger developed and implemented a remediation plan for the clean-up of the former dump site including the Agency-owned land and adjacent parcels now owned by Geiger. The staff report to the Planning Commission describes and analyzes the project in detail (Attachment 2). The minutes of the Planning Commission Public Hearing are provided as Attachment 3. The project is influenced by the following set of significant circumstances: 1. Traffic: The project fronts on two of the City's major arterials (Ramon Road and Gene Autry Trail). Caltrans has authority over Gene Autry Trail/Highway 111 and roadway design. Project design needs to assure public safety and positive traffic flow. 2. Riverside County Airport Land Use Compatibility Plan: The project is adjacent to Palm Springs International Airport; and potential hazards associated with the Airport need to be considered. 3. Cathedral City: The project site is bordered on the north and east by the City of Cathedral City and coordination with Cathedral City staff helped create compatibility between the project and surrounding residential and commercial land uses. 4. Former landfill: The project site is a former landfill that is partially owned by the City's Redevelopment Agency and requires final certification of the remediation of the site and disposition of city land to implement the project. Significant efforts from the applicant, staff, and Cathedral City staff have resolved details of the project as explained in the Planning Commission staff report. Traffic: The applicant has expressed a desire for an additional traffic signal to accommodate full access turns into and out of its central driveway on Gene Autry Trail (see Attachment 4: Access Alternative B). Staff and traffic study analysis (see Attachment 5: Access Alternative D and Attachment EIR) indicates a free left turn into the project site at this location is both safer and the appropriate access, and that the applicant's proposal is both less safe and unwarranted. Access Alternative D provides four northbound access and egress points on Gene Autry Trail, three are free access and one is traffic signal controlled. Of these four northbound access/egress points, two also accommodate southbound access and two accommodate southbound egress. However, Caltrans has jurisdiction over median breaks and traffic signals on Gene Autry Trail and project HAUSBRS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5 0984 PD-291 The Springs Final DnaR CC SR-10-10-05.doc City Council Staff Report October 19, 2005 -- Page 3 5.0984 Planned Develop 291 The Springs Commercial Center conditions of approval provide for appropriate coordination if Caltrans approves an additional signal. Riverside County Airport Land Use Compatibility Plan: As discussed in the Planning Commission staff report, the project as proposed and conditioned complies with all but one policy of the recently adopted Riverside County Airport Land Use Compatibility Plan (RCALUCP). The City Attorney has advised Staff that it is not necessary for this specific issue to be resolved prior to the City Council's action on this project since it is typical for such matters to be reviewed by the Riverside County Airport Land Use Commission (ALUC) after certification of the Final EIR and approval of the proposed project by the local jurisdiction. In September 2005 the applicant submitted the project to the ALUC for review and it is scheduled for consideration by that body on October 13, 2005. The ALUC's review, if available, will be provided to the City Council at the Public Hearing. However, the RCALUCP policy is a guideline, and the City Council can, with a two-thirds vote, override the ALUC's response in a subsequent action to allow the project to proceed if the City Council finds the project is consistent with the health, safety and general welfare regarding proximity to the airport. Cathedral City: The applicant and the cities of Cathedral City and Palm Springs have worked to design an acceptable project. Cathedral City has provided a letter to that effect as provided in Attachment 6. Former Landfill: The project is conditioned to provide certification to the city that the formal landfill is remediated and safe for development prior to issuance of a building permit. ENVIRONMENTAL ASSESSMENT The Final Environmental Impact Report ("Final EIR") is provided as Attachment 7. The Final EIR includes responses to all the comments received on the Draft EIR, list of all agencies and interest groups contacted during the public review period, and a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is adopted as a part of the resolution approving the project (Attachment 8) and the conditions of approval (Attachment 9). Pursuant to Section 15091 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency may not approve a project if the project will have significant environmental impacts unless the lead agency makes one or more written findings for each of those significant impacts, accompanied by a brief explanation of the rationale for each finding (Statement of Facts and Findings). Pursuant to Section 15093 of the CEQA Guidelines, a lead agency may find that the economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable significant adverse impacts. The Statement of Overriding Considerations is a written statement explaining why the lead agency is willing to override significant environmental HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0984 PD-291 The Springs Final Draft CC SR-1040-05.doc City Council Staff Report October 19, 2005-- Page 4 5.0984 Planned Develop 291 The Springs Commercial Center impacts and approve the project. The EIR evaluated the project and found that there would be significant unavoidable impacts with regards to compatibility with the RCALUCP land use policy and air quality. NOTIFICATION OF PUBLIC HEARING A public hearing notice was mailed to all property owners within 400 feet of the subject property. As of the writing of this report, staff has not received any comme t. FISCAL IMPACT: (Finance Director Review,f'`�—�r✓",,; �,, No fiscal impact. Ewing, Al P° �ilio as J. 11clanager n Direc�#or'of Plannj g Services As it City s TT� David H. Ready City Manager ATTACHMENTS: 1. Project Exhibits ?. Staff Report to the Planning Commission, September 28, 2005 3. Planning Commission Meeting minutes, September 28, 2005 4. Access Alternative B fi. Access Alternative D 6. Cathedral City letter to City of Palm Springs, July 20, 2005 Ir. Final Environmental Impact Report (SCH# 2003121001) — provided under separate cover 8. Draft Resolution 9. Conditions of Approval H.\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\C05.0984 PD-291 The Springs Final Draft CC SR-10-10-05AG Attachment 2 5.0984 PD-291, City Council Staff Report, October 19, 2005 DATE: September 28, 2005 TO: Planning Commission FROM: Director of Planning and Zoning 5.0984 PLANNED DEVELOPMENT 291 - AN APPLICATION BY GEIGER, LLC, FOR THE SPRINGS COMMMERCIAL CENTER, FOR APPROVAL OF A PLANNED DEVELOPMENT OF APPROXIMATELY 393,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON APPROXIMATELY 37 ACRES, AND A RECOMMENDATION OF A FINDING THAT THE APPLICATION IS CONSISTENT WITH THE PROTECTION OF PUBLIC HEALTH, SAFETY AND WELFARE WITH REGARDS TO THE NEARBY PALM SPRINGS INTERNATIONAL AIRPORT, LOCATED AT THE NORTHEAST CORNER OF EAST RAMON ROAD AND GENE AUTRY TRAIL, ON APN #677-280-41, 677-420-32, 677-420-33, AND 677-420-34, ZONE M-1- 1', SECTION 17. [RECOMMENDATION: Staff recommends that the Planning Commission: 1. Review and provide comment on the Draft Environmental Impact Report (SCH#2003121001); 2. Find that the disposition of Palm Springs Redevelopment Agency property to implement the proposed project is consistent with the Palm Springs General Plan; and 3. Recommend approval of Planned Development 291, subject to conditions contained in the attached resolution. SUMMARY: The project proposes approximately 393,000 square feet of commercial development anchored by a Home Depot on a 37-acre site at the northeast corner of East Ramon Road and Gene Autry Trail. Exhibit 1 is the Project Exhibit Package that shows the proposed site plan, landscape plan, circulation plan, parking lot lighting plan, building elevations, select site cross sections, site amenities-architectural-lighting details, color and material finishes, and artistic renderings. The project site is located in the Ramon-Bogie Constituent Area of Merged Redevelopment Project Area #1 and a portion of the project site is a former landfill owned by the city of Palm Springs. The project site borders Cathedral City to the north and east. Palm Springs International Airport is west of the site across Gene Autry Trail, and Ramon Road borders the site on the south. An Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA), has been prepared for this proposed project [State Clearinghouse#2003121001] and will be acted on by the City Council. The Draft EIR was provided to the Planning Commission on September 19, 2005. 13ACKGROUND: The site is currently vacant and graded. The applicant has conducted substantial remediation of the prior landfill uses at the site under a Removal Action Workplan (RAW) approved by the State Department of Toxic Substance Control. The RAW involved burial of the landfill material in the center (parking lot) of the site and then capping the entire site with clean soil. Extensive safety testing of the cap and landfill material, adjacent soils and below the deep burial was conducted. Prior to any development of the site final certification of the approved remediation of the site will be required. The project proposes a range of commercial uses as shown on Exhibit 1. These include nine major commercial uses, four food/restaurant uses, and four smaller retail uses. The site layout seeks to address a variety of concerns, including buffering surrounding residential uses, satisfying airports safety concerns, minimizing impacts on the landfill remediation and optimizing parking access. Staff and the applicant also held meetings with Cathedral City staff to resolve compatibility issues since the site abuts the corporate boundary between Palm Springs and Cathedral City (see Attachment 6). The site plan provides several driveways on Gene Autry Trail and Ramon Road for vehicular access to the central parking lot, with the additional objective of discouraging traffic on San Luis Rey Drive in Cathedral City. Delivery access routes, buffer walls, landscaping and setbacks also are designed to mitigate potential impacts to residences to the north and east. The project site is within the Palm Springs International Airport influence area. This area is guided by the recently adopted Riverside County Airport Land Use Compatibility Plan (ALUCP). The project as proposed is consistent with the ALUCP, except for a desired limitation of the density of people in certain areas surrounding the airport to reduce impacts in case of airplane crashes or emergency landings. A large central parking lot and several smaller commercial uses closest to the airport minimize, but do not eliminate this one inconsistency. As mitigated by the Draft EIR and proposed conditions of approval, the City Council may, under State Law, override such inconsistencies with a 2/3 vote. The majority of the buildings are 25-30 feet in height with some tower elements at 40 feet in height as shown on Exhibit 1. The project proposes a Planned Development (PD-291) to combine various land uses into a compatible relationship using a comprehensive and detailed development plan (Exhibit 1). The City Council will have final decision-making authority over the Final EIR, the Planned Development 291, the findings on airport land use compatibility; the Palm Springs Redevelopment Agency will take action on disposition of the Agency-owned portion of the site. The Planning Commission provides recommendation to the City Council and Redevelopment Agency on these matters, including consideration of General Plan consistency findings regarding disposition of Agency property. GENERAL PLAN ANALYSIS: The Palm Springs General Plan designates the project site IND (Business/Industrial). The Business/Industrial Designation promotes business and "clean" industrial development as essential companions to population growth, through the development of planned business/industrial districts, small to medium-sized industries and corporate centers. Business /Industrial land use policy promotes attractive and comprehensively planned development that is compatible with surrounding uses, provides for intense uses like the proposed commercial uses, and promotes a regional corporate/business center adjacent to the Palm Springs International Airport. The proposed project is comprehensively planned for the 37-acre site and provides commercial opportunities and employment in line with anticipated population growth and as envisioned for the Business/Industrial land use category. When combined with the regional commercial development south of Ramon Road, the project promotes the business center envisioned in the General Plan. The General Plan also designates the intersection of Gene Autry Trail and Ramon Road as an NCC (Neighborhood Convenience Center) with an objective to provide convenient commercial uses directly related to nearby residential neighborhoods. The proposed project includes a (Home Depot and garden center as the prime commercial use and other similar major commercial, restaurant and smaller commercial uses. The size of the proposed commercial development is somewhat larger than envisioned by the General Plan, but is appropriate given the surrounding growth in the Coachella Valley region, the project location at the intersection of key regional roadways, and adjacent regional commercial uses that provide a clustering of commercial uses that enhance convenience and help reduce multiple trips. Staff believes that the project successfully implements the objectives of both the IND (Business / Industrial) and NCC (Neighborhood Convenience Center) designations. TRAFFIC The project is adjacent to two Major Thoroughfares (Gene Autry Trail and Ramon Road) as planned for in the General Plan Circulation Element. These high capacity roads form a backbone of the City's circulation system and connect Palm Springs to regional highways. City policies and standards require that access be controlled and managed on these roads to assure appropriate traffic flow and safety, and compatibility with adjoining land uses and streets. The Engineering Division, in its review of the traffic impact studies prepared for this project, required analysis of site access alternatives, including comparison of various alternatives to determine if one access alternative mitigated the most traffic impacts, and more specifically, accommodated the relatively high daily volume of commercial truck traffic delivering merchandise to the Home Depot store — estimated at 30 deliveries each day. The applicant indicated that all deliveries are expected to arrive from Gene Autry Trail. Therefore, it was important to consider how these trucks would impact existing street intersections, and to determine access alternatives that would address concerns expressed by Cathedral City regarding project impacts on the adjacent residential neighborhood. In identifying which alternatives would be considered, staff was mindful of the applicant's desire for a new signalized, full-access driveway on Gene Autry Trail between Ramon Road and Mission Drive. The Engineering Division determined that a new signalized full-access driveway could be developed, provided that three closely spaced traffic signals on Gene Autry Trail (at Ramon Road, the new "Springs" driveway, and Mission Drive) could operate efficiently without affecting the level of service on the major arterial and that the signalized access was warranted; and a better, more reasonable access alternative was not identified.' 1 Requests for full-access driveways with signalization are common for major commercial developments, as was requested by Lowe's on Ramon Road, directly opposite the subject site. On that application, Engineering staff evaluated the request in consideration of other factors, such as the location of other signalized intersections, capacities and levels of service on adjacent roadways and intersections, and the ability to access the development site from other routes. Engineering staff did not recommend a new sugnalized,full-access driveway into Lowe's from Ramon Road. Instead, a directional median opening for left-turn ingress was approved and has operated efficiently since that time. In preparing the Traffic Impact Study for the project, Engineering staff coordinated with the traffic engineer to evaluate four different "Access Alternatives", identified by A, B, C, and D. A Figure of each Access Alternative (included in the Traffic Impact Study) is included with this staff report. The significant difference with each alternative is the inclusion of various access points. A brief summary of each Access Alternative is provided below: .Access Alternative A This alternative represents the site access to the development, as proposed by the applicant, including a new signalized full-access driveway on Gene Autry Trail. Prohibiting access across Mission Drive to eliminate traffic impacts to the Cathedral City's Dream Homes neighborhood would require most delivery trucks to use the new signalized access into the project from Gene Autry Trail. This would cause truck traffic to co-mingle with patron traffic on-site. The other truck route would require that all delivery trucks use the Gene Autry Trail / Ramon Road and Ramon Road / San Luis Rey Drive intersections to access the rear delivery aisle from San Luis Rey. This truck routing would severely impact the capacities of these major intersections. Consequently, this alternative was not considered appropriate. Access Alternative B This alternative modifies the applicant's original proposal by adding a new connection from Mission Drive (via the southerly extension of San Joaquin Drive to the project). This connection would provide an alternative truck route that avoids the Ramon Road intersections and eliminates the potential for cut-through traffic across Mission Drive. Analysis of this alternative revealed that it was superior to the original site access alternative ("Access Alternative A"), by providing a direct delivery truck routing into and out of the project site from Gene Autry Trail without the problems of the original plan. Access Alternative C This alternative represents the site access to the development without a new signalized full- access driveway on Gene Autry Trail, limited to right-turn only, and without the new connection from Mission Drive to the project site. Analysis of this alternative revealed that it resulted in the most severe impacts to adjacent street intersection capacities, and was not considered as an appropriate site access alternative. Access Alternative D This alternative is identical to Access Alternative B, except that the new signalized full-access driveway on Gene Autry Trail was revised to a left-turn ingress access only with a directional median opening (similar to the access provided to the Lowe's store on Ramon Road). Analysis of this alternative revealed that it was the superior access alternative in the DEIR, and provided the site with the best site access for patrons as well as delivery truck routing, while maintaining a better level of service and safety factor along the adjacent major arterials. The DEIR has determined this alternative to be the "preferred alternative" in terms of CEQA analysis of the project. It: should be noted that any improvements on Gene Autry Trail near the project are within the jurisdiction of CalTrans. The applicant's independent traffic engineer provided the City with an e-mail communication from "Electrical Operations" at Caltrans, who determined that in concept the proposed signal was acceptable, but recommended "...that Operations Surveillance review the following issues, among others: signal warrant analysis, 11-foot lanes, skewed angle at entrance, and proposed driveway 350 feet upstream of entrance." The Caltrans communication further concludes that "...We will review and comment on the signal plans after they are submitted by the developer thru an encroachment permit application," implying that the current review was preliminary and conceptual in nature, and was purely from a technical point of view. More importantly, it was not considered as part of the environmental review of this development, including the following statement from page 4.9-41 of the DEIR: ...by reducing the potential for conflicts at the main site entrance on Gene Autry (no left-turn egress would be permitted); Site Access Option D would perform better than Site Access Option B from a safety perspective. In addition, the operational benefits of directional median openings (like that proposed with Access Option D) would include shorter travel times, less delay, and increased capacity (i.e. carrying higher volumes at lower accident rates than a conventional median opening. In support of this statement, numerous studies have shown that a directional median opening is safer than a full signalized opening; specifically, the rate of right-angle collisions, rear-end collisions, left-turn collisions and head-on collisions is substantially less than with a full signalized opening. Based on this evidence, staff has concluded that Access Alternative D would exhibit a substantially lower crash rate than a signalized conventional (full-turn) access (as included in Access Alternatives A or B) and is therefore the recommended alternative. No other traffic issues are raised by the project and all surrounding streets and intersections provide adequate capacity to carry the project's anticipated vehicle trips. 7.ONING ANALYSIS: The site is zoned Planned Research and Development Park (M-1-P) per the City of Palm Springs Zoning Ordinance. The M-1-P zone permits Wholesaling and Warehousing. The M-1-P zone also allows by approval of a Conditional Use Permit all commercial uses, and by approval of a Land Use Permit, Large-Scale Service Retail Outlets, Restaurants, and Retail Uses in conjunction with another permitted use. An approved Planned Development can incorporate a multiplicity of uses provided they are permitted by ether the General Plan or Zoning Code. E=xhibit 1 lists the mix of uses proposed by Planned Development 291. The PD 291 uses are anchored by a Home Depot which provides large-scale wholesale and retail service consistent with the M-1-P zone. The other Major, Retail and Restaurant ancillary uses to the Home Depot are more retail in orientation, however this shift is consistent with General Plan intent to offer commercial at this corner and to promote compatibility with surrounding residential areas. An approved Planned Development can also deviate from underlying zoning standards to achieve the goals of enhancing compatible land use relationships; however the proposed PD 291 achieves this without extensive modification to the underlying M-1-P zone standards as itemized in Exhibit 2. The proposed PD 291 meets or exceeds many of the minimum development standards on the M-1-P zone. For example, the project has 246 parking spaces more than required by city standards (1817 spaces provided versus 1571 required). An approved Planned Development can also provide alternative development standards "conditioned on analysis and mitigation of impacts and contribution of specific 'benefits' to the city". The Zoning Code (94.03.C) specifically states that parking/loading requirements can be modified based on approval of a specific parking plan. The parking / loading plan provided in Exhibit 1 satisfies this requirement if acceptable to the City Council. There are only two loading areas of concern 1) Food-1 on the west edge of the site, and 2) the block of buildings at the northwest corner of the site (Retail-1 and Major C-E). Food-1 simply has no loading space. This can be corrected by conversion of two nearby parking spaces, and a recommended condition of approval has been provided to achieve that. Retail-1 and Major C-E are more challenging. Retail-1 can provide loading by reconfiguration of the 4-trash bins and elimination of the 3-parking spaces on the north side of the Retail-1. A recommended condition of approval provides for this. The current proposed loading facilities for Major C-E appear to function well, however the loading area is proposed as a potential area for future building expansion for Major C-E, which could cause a significant loading and visual problem. A recommended condition requires a new loading plan to be provided for review and approval concurrent with any proposal to build on the loading facilities. The City's Noise Ordinance provides specific standards to assure noise compatibility. As part of the Draft EIR, a noise study was conducted and several mitigation measures (conditions of approval) were developed to comply with the Noise Ordinance and reduce noise to an insignificant level. Mitigation includes: 1) approval of a noise control plan, 2) buffering the surrounding residences with setbacks and landscaped noise walls, 3) operational limits, including the applicant's proposed limits on noisy activities during the evening/early morning, and 4) recordation of the restrictions by CC&R's for the site. The Zoning Code requires architectural review to make recommendations on design details. The Architectural Advisory Committee reviewed and made recommendations on the proposed Planned Development on October 10, 2003, July 26, 2004, September 7, 2004, and June 20, 2005. At the final review the Committee recommended approval with the following conditions. "The applicant's subsequent response to each is provided, as well. 1) Signage, A sign program will be submitted later to address the sign comments 2) Strengthening pedestrian and landscape features, Landscape setbacks are not proposed to be expanded but will comply with city code, a plan will be submitted for review and approval showing detailed locations of pedestrian furniture as space permits, and that meandering sidewalks are provided on all streets. 3) Enhancing solar control, Continuous solar canopies that extend 8 feet from the buildings have been added at various heights along the buildings 4)Adding windows on the back of buildings H —J, and Glazing has been added to the back of each building (J— Q 5) Reducing excess parking to enhance perimeter parkways. No parking reductions are proposed to enhance perimeter parkways AIRPORT LAND USE COMPATIBILIITY: The project is southeast of Palm Springs International Airport, and subject to the Airport Land Use Compatibility Plan (ALUCP) adopted by Riverside County. The ALUCP is a guide to promote public safety and compatibility between the airport and surrounding land uses. The Draft EIR for the project studied the Land Use and Planning relationship of the ALUCP to the project. The project complies with all the requirements of the ALUCP, except two: 1) An occupancy limit of 50 to 150 persons per acre, and 2) The 35-foot building height limit (the architectural towers exceed this limit by 2-5 feet). The Draft EIR for project proposed mitigation of the minor building height compatibility by reducing the applicable towers 2-5 feet. However, the occupancy limits are not resolved by the project. Although a commercial land use like that proposed in PD-291 is consistent with the ALUCP, the typical occupancy of people for this use is not. (Staff notes that the large central parking lot of the project provides a large area for emergency landings and is of relatively low occupancy.) The State laws regarding the Airport Land Use Compatibility Plans allow the City Council (by two-thirds vote) to override the specific occupancy limit, and the applicant will forward such a request to the City Council should the project be approved. DISPOSAL OF PUBLIC PROPERTY/GENERAL PLAN CONSISTENCY: State Law requires that the Planning Commission find that any transfer or disposal of public property is consistent with the City's General Plan prior to Council action. As part of the project the Palm Springs Redevelopment Agency would transfer the agency-owned portion of the landfill site to private ownership. This would occur by a subsequent Agency action. The project site is within the Ramon-Bogie Constituent Area of the City's merged Redevelopment Project Area #1 that is referenced in the General Plan. Further, the developer financed the cleanup of the city's former landfill site. Staff has reviewed the project in light of the General Plan and has identified Policy 3.1.2 as specifically related to this request: "Encourage the exchange or public and private lands in order to consolidate holdings and to eliminate dysfunctional parcels in order to permit the orderly development and conservation of areas appropriate for each function of land". Staff believes that the transfer of this site is specifically addressed by the above policy and recommends that the Commission find that consolidation of the land to create the project site is consistent with the General Plan. ZONING / LAND USES: North: Residential (Cathedral City)/single family homes and vacant South: M-1 and Planned Development/Shopping Center under development East: Residential and Commercial (Cathedral City)/Commercial and Residential West: A-Airport Zone/Palm Springs International Airport E=NVIRONMENTAL IMPACT REPORT AND NOTIFICATION: Pursuant to the California Environmental Quality Act, an Initial Study and Notice of Preparation of the Draft EIR (SCH#2003121001)were prepared and the City received comments from the following entities: • Governors Office of Planning and Research - established the public comment period; • Regional Water Quality Control Board —on-site retention of storm flows and water quality • Riverside County Flood Control and Water Conservation District (RCFCWD)—on-site retention of storm flows and water quality; • Riverside County Airport Land Use Commission - referral of application for development review; • Sunline Transit Agency— provide sidewalks, pedestrian connections and bike racks; and coordinate locations of any proposed transit amenities; • MG Resolutions (for the applicant)—Airport Land Use Compatibility guidelines Home Depot (for the applicant) — providing operational restrictions for noise control Albert Grover (for the applicant)— request for 2" traffic signal access on Gene Autry Trail; Lathham & Watkins (for the applicant) - request for 2ntl traffic signal access on Gene Autry Trail, and acknowledging operational restrictions for noise control; and A Final EIR is being prepared to address these comments for consideration and adoption by the City Council. In addition, the Final EIR will include the Mitigation Monitoring and Reporting Program to assure the project's environmental conditions are monitored and reported to the city and mitigation is implemented. All property owners within a 400-foot radius of the project site were notified by mail of the Planning Commission's Pubic Hearing of the proposed project. The application and Draft EIR were also forwarded to the City of Cathedral City due to potential project implications in their jurisdiction. ATTACHMENTS: 1. Vicinity Map 2. Exhibit 1: Proposed PD-291 Exhibits 3. Exhibit 2: Proposed PD-291 Zoning Standards 4. Draft Environmental Impact Report (provided separately, September 19, 2005) 5. Resolution and Conditions— Recommendation on Planned Development 291 6. Cathedral City letter to City of Palm Springs, July 20, 2005 7. Traffic alternatives Attachment 1 Department of Planning Services 1.p Vicinity Map vv+ k] z C 1 z— 4 A� II MISSION DR 7\ \�= - -- a — A - _ 7U � RAMO J RD I � CAKN0 PARQCELA p O z Legend ® Site \ O \ 500 Feet I \ SS UNNY DUNES RD eU S CITY OF PALM SPRINGS DESCRIPTION: CASE NO: 5.0984 PD-291 Application by Geiger, LLC to develop approximately 393,000 sq. ft. of retail/commercial uses on approximately APPLICANT: Geiger, LLC 37 acres located at the northeast corner of Gene Autry Trail and Ramon Road, Zone M-1-P, Section 17. September 28, 2005 Planning Commission Public Hearing Attachment 3 Exhibit 2 5.0984 PD-291 : The Springs Commercial Center ;Standard M-1-P zone PD-291 comments Lot area 60,000 sq ft same Lot dimensions 200 ft x 200 ft same Building height 40 ft same Yards Abutting residential 100 ft 25 — 100 ft except for Major Bldg H & I Perimeter landscape 25 ft same Abutting Major Roads 25 ft same Major Roads: SR 111 & Ramon Perimeter landscape 25 ft same Abutting non-residential 20 ft 25 — 110 ft primarily along San Luis Rey Drive Perimeter landscape none 25 ft Walls 93.02 std. same Fences 93.02 std, same Landscaping 93.02 std. same Access 93.05 std. same Coverage no limit 74% of site 26% of site is landscape/hardscape Parking - Spaces 1,571 1,817 Std. = mixed-use >20,000 sf and Parking space ratio 1/250 sq ft 1/216 sq ft <25% restaurant Parking lot shading 50% min. same Lighting 93.21 std. same Bike parking maybe provided Pedestrian walkways provided same Dimensions 9 x 17 ft 9 x 20 ft Off-street loading/trash 93.07 std, condition see staff report discussion Distance from residential 150 ft 25 ft behind sound wall and landscaping Signs sign code same sign program to be submitted later Outdoor storage 92.16.03.K same Minimum zone size 40 acres 37 acres Antennas 93.08 std. none no antennas proposed Public art 93.11.00 same Performance Standards Fire and explosion hazard 92.16.04 same Radioactivity and electrical 92.16.04 same Noise 11.74 condition see staff report discussion Vibration 92.16.04 same Smoke, dust, heat, glare 92.16.04 same Odors and gas 92.16.04 same Property maintenance 93.19.00 same September 28, 2005 Planning Commission Public Hearing Attachment 6 -' '" --"' --- •,•^• - . .r.,�waw w ro= Tloul lYuftltl I-014 V.GUM Y-3W 1�, r ccrlthedrel�it July 20,2005 David Ready,City Manager City of Palm Springs 5200 Tahquitz Canyon Way Palm Springs, CA 92262 Dear David, This is to confirm that the City of Cathedral City's staff is working diligently and cooperatively with the Palm Springs'staff to facilitate progress of The Springs project on Ramon Road, including development of a Home Depot store. Ourengineering department is designing a sewermain along San Luis Rey to accommodate the Dream Homes Assessment District This line could be lowered to accommodate the new Home Depot to connect, if desired. We are currently reviewing the traffic circulation report,butdo notforesee,any major issues, since there is mutual agreement on the need for access onto Gene Autry, probably at Mission,for the developer to improve the traffic signal at Ramon and San Luis Rey and for a sound wall or some sort of barrier to be built to shield Dream Home residents from truck and loading dock noise. Staff can work out the details. Although we are no longer asking that Cathedral City receive a share of sales taxfrom Home Depot,we do hope that discussion can continue on ways to assure that San Luis Rey and Ramon Road In Cathedral City can be maintained at a level that meets both cities'needs. I hope this allays any concerns about our supportforthe Home Depot project as the request to drop the double sewer capacity fee for government-11"overnment projects is considered tonight by the Palm Springs Council. Personal thanks to you for bringing the double-fee Issue to the forefront and 1 look forward to talking with you tomorrow. Sincerely, ly Do�U. B�lCity Manager DEB:J Bltlm 68-700 AVENIDA LALO GUERRERO • CATHEDRAL CITY.CA 92234 7601770-0340 • FAX' 760/202-1460 Attachment 7 Project Access — Preferred Option as proposed/conditioned 4 0 ru¢.ancss � Mawmml o � Imerv�el�a s s` y TmHk Signet '� � F� Mlsslon Qrive i FMlssbn QAV4P1am M1kglanEltlry P�oIKrSiI< Monulronl y� Truck ,_,"_____ ryirq ans QelacryMca Gevtriemtl r Atcrss � 7ruckAccrss�� eLlaprE MaprQ Ma,orC oultlooro Gorden Nome popol £, Censor A Nc++lliui elleW -_,\/-I No Lek-Tum pp=' AkaGn Prcek /� Egmss Fgllccas�J .L The 5Nrings Relall Cenlor i Full-Tura m '.. Fw"r Access�J—, Qlghl-Tum r0 �:—__�}OnIYAcceu No Lnk-Tum fllNMtium Eg¢ss OnIV Aceem n V tl Haman p '� J Lr rlOfld 1 QrccuonagM� I I I 0pening 1 Source'Endo Engineering Schematic The Springs Commercial Center- Environmental Impact Report FIGURE Site Access Plan Option 0 4.9.7 Project Access — Applicant Preferred Option _ p F i M W ManUmenl 7ralfiesip;W d �° p Ml6elon Orlvc m � _ Goon0011on to NonlravgrsWo -4—M1551MOr6e.Frpm Metlfon EAtry Po,J .311e Monument O Serriv and DdN67Nea Entrldetl—. 7rvCkAcoessLy I� r Mw75rE MajmO Ma,UrC OuIUCCr HumU balwt � 1 G6men g' 14 Cen:n Mala FJII-Tom a New Full Access Moan AIII-Tnm.+. MMlaa Openhg p«ess'✓- z and TrrMCSlgnal ^I i Tha Springs Relab Center i PoIIdu1n Ali ,Fr a 1 ACfRss�� Lq, 'F L ql&ATurn .=--.- Oniy Acaes Nate&Turn I �; Olu/ RIghActtsbTJ;ns Eggss Ill G J Ramon ENd Niocdu'ann MSMreIon I I l I Opening Source:Endo Englneering scnemane The Springs Commercial Center-Environmental Impact Report FIGURE 4.9-5 Site Access Plan Option B Attachment 3 5.0984 PD-291, City Council Staff Report, October 19, 2005 Planning Commission Meeting Minutes from September 28, 2005 City of Palm Springs Planning Commission Minutes of September 28, 2005 M/S/C (Shoenberger/Hutcheson, 7-0) to recommend approval to the City Council, subject-to Conditions of Approval ; and Condition #13 shall be "A final landscape plan for the East-Palm Canyon Drive frontage be submitted to the Department of Planning Services for approval, prior to the Final Map. y Commissioner,Ringlein voiced her concern about there not being enough affordable rental units in the City. 1. 4. Case 5.1071 PD,,,318 / TPM 33989 - An application by Sevak Kachadurian, owner, to subdivide .52 acre°s,into 3 lots and construct three single family RGA(6), Section 3. Assistant Planner, Diane Bullock, gave details of the proposed project. She reported that the PDD requires an amenity be given',back to the community'in which the applicant has proposed a consistent landscape and street tree along the corner of'Los Felices and Sepulveda. Commission Ringlein stated she has a bu''siness related conflict of interest for item 4 and would not participate in the discussion or the vote and left Council Chamber. Chairwoman Marantz declared the Public,l-(earing°open. Chris Sahlin, architect, gave additional information. Sevak Kachadurian, applicant, gave additional information., There being no further comments, the Public Hearing was closed. Marcus Fuller stated a determination had to be made regarding the" under grounding of utility lines. Commissioner Shoenberger reported that this project was very well received by the Architectural Advisory Committee in which they felt it would be a benefit to the neighborhood. 0 M/S/C (Roath/Cohen, 5-1 Hochanandel, 1 absent Ringlein) to recommend approval to City Council, subject to allowing a 7' 4" wall between the homes; defer to covenant the under grounding of utilities with the inclusion of the necessary conduits. Vice"Chairman Hochanandel stated he voted against the project because he is not in-favor of the'7 foot wall. Commissioner Ringlein returned to Council Chamber. 5. Case 5.0984 PD 291 — An application by Geiger, LLC to adopt a Planned Development and construct an approximately 393,000 square foot commercial center on approximately 37 acres located at the NE corner of Gene Autry Trail and Ramon Road, Zone M-1-P, Section 17. Acting Director of Planning Services, Norm Canchola, gave details and an update of the proposed project. 3 City of Palm Springs Planning Commission Minutes of September 28, 2005 Marcus Fuller reported the final traffic study prepared for this project was dated May 31, 2005. He discussed traffic routes to avoid the intersections at Gene Autry and Ramon Road and Ramon Road and San Luis Rey. He further indicated extensive traffic studies have been done and believes recommendations are sound based on the studies conducted. Commissioner Hochanandel and Cohen voiced their concern about the length of the turning lane on Gene Autry into Mission Drive. Dave Barakian indicated that the traffic study conducted extensive research and the recommendation of 4 stacking cars is sufficient. Chairwoman Marantz declared the Public Hearing open. Milan Garrison, Planning Consultant for Geiger, LLC, stated that they have worked for several years with staff on this project and commended staff for their hard work. He gave further details about additional landscaping and the substantial effort that has been made to buffer the loading zone area. Curt Watts, Redevelopment Administrator, City of Palm Springs, reported the developer has overcome a significant number challenges the most noteworthy being the developer's clean-up of the City's former dumpsite dating back to the 1930's. He spoke in favor of the project. John Raymond, Director of Community & Economic Development, spoke in favor of the project and gave a history of the land dating back to the 1960's. He indicated that he felt this is the most appropriate land use for this area. Traci Nelson, MG Resolutions, available for questions. There being no further comments, the Public Hearing was closed. Discussion was made regarding the height and distance of the buffer wall. Commissioner Shoenberger commented that this project has gone through very extensive reviews for several years. Chairwoman Marantz reported she was extremely pleased with this project and felt it would be an asset to the neighborhood. Recess taken at 3:50 p.m. The meeting resumed at 3:55 p.m. Norm Canchola confirmed the sound wall is proposed to be 8 feet. Marcus Fuller reported he submitted changes to the conditions of approval on a memorandum dated September 27, 2005. He stated that any improvements along Highway 111 are subject to the review and approval by Cal-Trans. M/S/C (Hochanadel/Cohen, 7-0) to recommend approval to City Council, subject to the Conditions of Approval; and Engineering Conditions as amended, Condition #42 the following language to be added to the end of the condition: "In the event Caltrans demonstrates requirements that prohibit the ability to construct a directional median opening on Highway 111 at Site Access B, the City Engineer will coordinate with the applicant and Caltrans to resolve the restriction, including consideration of Site Access Alternative B and installation of a full access signalized driveway at Site Access B. Conditions indicated herein relative to Highway 111 are subject to change in accordance with Caltrans requirements, as may be indicated in an Encroachment Permit issued by Caltrans to the applicant for construction of improvements 4 City of Palm Springs Planning Commission Minutes of September 28, 2005 along Highway 111 related to this project; #49 — The last sentence shall be deleted; #50 — The third and fourth sentences shall be deleted; #55 The last sentence shall be deleted; #59— revise the first sentence to indicate "The directional median at Site Access E is 100 feet long; #88 "San Luis Rey Drive" shall be "San Joaquin Drive"; #90 — modified to indicate the developer is required to extend 15" sewer main to the point of connection for their on site sewer system; Condition #126 to be deleted; and #129 shall be, "The applicant's fair share indicated in the last mitigation measure (identified by "96") should be revised by "8.57% to 7.80%". 6 „ Case 5.0979 CUP -An application by Verizon Wireless for the installation of one sixty foot (60') tall commercial communication antenna designed as a monopalm pole and ',,one equipment cabinet shelter at each location measuring 7' by 11'5" by 16ywithin a 14'«by 25' lease area located at 1800 South Sunrise Way, Zone RGA(6), Section 25. Commissioner,Shoenberger stated he has a business related conflict of interest for Items 6, 7 and 8 he would"not participate in the discussion or the vote and he would'be speaking on the project representing-,the property owner. The Commission agreed.to hear Items 6, 7 and 8, at one time, since the location for all three is the same. Norm Canchala gave details of the proposed projects for Verizon, Sprint and Cingular. a, Chairwoman Marantz declared the`Public Hearing open- Joan Tayler, representing the Sierra Club, spoke in'opposition of the project. Maureen Mercury, Palm Springs, spoke in o"ppostion of the project. Marcie Brown, Delta Groups Engineering, Inc., Irvine, representing applicant (Verizon, Sprint and Cingular) applicant rebuttal, she reported a'"discrepancy with Conditions #6, #14 and #3 and gave further information. r' ``., Debbie Melvin, Star Bridge Communication with Sprint, available for questions. Kevin Grant, Environmental Planner, City of Palm Springs, gave additional information. Barbara Saito, representing Nextel, gave additional information regarding the FCC. Jon Shoenberger, representing SmokeTree Inc., indicated'ISmoketree has unresolved issues regarding heights and other issues with the applicant. There being no further comments, the Public Hearing was closed. 'Tracy Conrad, representing Smoketree, indicated that the property has�,been properly noticed. She reported that she requested a continuance because of several unresolved issues with the Carriers. She retracted her request since the Carriers would like to hear the project today. 'Vice Chairman Hochanandel was not in favor of the project because of the location of the cell towers.i' M/S/C (Hochanadel/Roath, 6-0, 1 absent/Shoenberger) to recommend denial, 'without prejudice. 5 Attachment 4 5.0984 PD-291, City Council Staff Report, October 19, 2005 L � 6 Full n Entry 9 Into no d Monument Yn(dE 91p�W 'gg' m ih u�i us p Mlsslon brlvo Connesllon to NoplreversaLlO +E-M plmlei;t31t r In lM mmIent `^ - <7A�. Sowk-e and DdiveryNea _- HSsttlde(F Truck Ac6essly MaforE MajorD MywC Outdoor Hsms 4 begot. GaNen Cente, nMeewd iFaun IIA c add MnlcssumAces nng Access and7radnS1.gnaE '-✓`._.. z' F� The Springs tiewil'center� J Access �-✓�- urn Only AcFIgAHTcess No Left-Turn nlgh4IDm Egress End DntyAcrxss �j Il c . liamon '� -T-`j r � � NexrUnsignall y �} �a Dueclisnal Madlnn r Opening Source:Endo Engineering Schematic The Springs Commercial Center_ Environmental Impact report FIGURE Site Access Plan Option.13 4.9-5 Attachment 5 5.0984 PD-291, City Council Staff Report, October 19, 2005 G a L r Mleslon olive i Connection to Ncnyavetsobte +tridlsslon IMY0.From Med�4nFtifry Project Site Monument Q -,Y ^.—_—_— ......—.^- - —-- Truck -----ServirA and Oalvery gesM Nea----. Major Ma MalorG Outdoor dome Cepol " rwden Cenlrsr ggnn Now `—",O NC rn Mc 13n artak g Fuln`TVm��. L The Spring Nelall Cenlor l F Accessfts cc m ...._ —i� nlght.Turn - -' No I.eN•Tum Alght•Tum Egress M Only Access ` a Adman Ill JjIR � ■ Road r 1 1 New[tnsignatlxdr olmctlanal Medtdn opening ■ Source:Endo Engineering Schematic '00� The Springs Commercial Center - Environmental Impact Report FIGURE Site Access Plan Option 4'g•� Attachment 6 5.0984 PD-291, City Council Staff Report, October 19, 2005 I-U!4 V HUM F-350 Cathedral its J u ly 20, 2005 David Ready,City Manager City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Dear David, This is to confirm that the City of Cathedral City's staff is working diligently and cooperatively With the Palm Springs'staff to facilitate progress of The Springs project on Ramon Road, including development of a Home Depot store. Ourengineering department is designing a sewermain along San Luis Reyto accommodate the Dream Homes Assessment District This line could be lowered to accommodate the new Home Depot to connect, if desired. We are currently reviewing the traffic circulation report,but do not foresee any major issues, since there is mutual agreement on the need for access onto Gene Autry, probably at Mission,for the developer to improve the traffic signal at Raman and San Luis Rey and for a sound wall or some sort of barrier to be built to shield Dream Home residents from truck and loading dock noise_ Staff can work out the details. Although we are no longer asking that Cathedral City receive a share of sales fax from Home Depot, we do hope that discussion can continue on ways to assure that San Luis Rey and Ramon Road in Cathedral City can be maintained at a level that meets both cities' needs. hope this allays any concerns about our support for the Home Depot project as the request to drop the double sewer capacity fee for government-to-government projects is considered tonight by the Palm Springs Council. Personal thanks to you for bringing the double-fee issue to the forefront and 1 look forward to talking with you tomorrow. Sincerely, Donald e. Bradily City Manager DEE3:J6/tlm 68-700 AVENIDA LALO GUERRERO • CATHEDRAL CITY.CA 92234 • 760/770-0340 • FAX: 760/202-1460 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CERTIFIYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2003121001) FOR THE SPRINGS COMMERCIAL CENTER (CASE 5.0984 PD-291) AS COMPLETE, ADOPTING THE CORRESPONDING STATEMENT OF FACTS AND FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING AN APPLICATION BY GEIGER LLC, SUBJECT TO CONDITIONS OF APPROVAL, TO DEVELOP APPROXIMATELY 393,000 SQUARE FEET OF COMMERCIAL SPACE ON APPROXIMATELY 37 ACRES, LOCATED AT NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE M-1-P, SECTION 17, APNs 677280041 AND 677420032-034. WHEREAS, Geiger LLC. (the "Applicant'), has filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00, for a Planned Development (PD 291) to construct a neighborhood commercial shopping center located at the northeast corner of Ramon Road and Gene Autry Trail, APN # 677-280- 41, 677-420-32, 677-420-33, and 677-420-34, Zone M-1-P, Section 17; and WHEREAS, the proposed Planned Development 291 would allow specific development standards for the project site that would allow development of a 393,000 square foot etail shopping center, which includes a 117,000 square foot home improvement store and garden center, nine additional major commercial stores ranging in size from 10,000 :square feet to 36,000 square feet, four retail stores ranging from 6,000 square feet to 12,600 square feet, and four restaurants ranging from 3,200 to 9,500 square feet; and WHEREAS, the City Council of the City of Palm Springs has the authority pursuant to Chapter 94 of the City of Palm Springs Municipal Code to approve the proposed Planned Development 291; and WHEREAS, the Palm Springs Planning Commission is advisory to the City Council on the proposed Planned Development 291; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, the proposed Planned Development 291 was submitted to appropriate agencies as required by the by Federal and State Law, and the Palm Springs Municipal Code, with the request for their review, comments, and requirements, including the Riverside County Airport Land Use Commission; and Resolution No. Page 2 WHEREAS, the proposed project was reviewed by the Design Review Committee/Architectural Advisory Committee regarding project design, architecture, site plan, sign program and landscape design on October 10, 2003, July 26, 2004, September 7, 2004, and June 20, 2005; and WHEREAS, notice of the Planning Commission public hearing to consider Case 5.0984 PD-291 was given in accordance with applicable law; and WHEREAS, on September 28th the Palm Springs Planning Commission held a public hearing on the Draft Environmental Impact Report (EIR) and Planned Development 291 and adopted Resolution 5025 providing a recommendation to the City Council; and WHEREAS, the proposed Planned Development 291 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Palm Springs Planning Commission reviewed and commented on the Draft EIR, and City Council reviewed the Final EIR for the proposed project and considered all written and verbal public testimony on the project. The public or administrative record for the Project EIR is composed of the following elements: a) A Notice of Preparation (NOP) and Initial Study identifying the scope of environmental issues were distributed to numerous state, federal, and local agencies and organizations on November 3, 2003. A total of seven comment letters were received. Copies of those comment letters are included in Appendix A of the Draft EIR. Relevant comments received in response to the NOP/Initial Study were incorporated into the Draft EIR. b) The Draft EIR was distributed for public review on July 28, 2005, for a 45-day review period with the comment period expiring on September 12, 2005. Nine comment letters were received at the close of the public comment period. These comment letters and responses to individual comments are included in the Final EIR. c) A Notice of Completion (NOC) was sent with the Draft EIR to the State Clearinghouse on July 28, 2005. d) The Planning Commission held a public hearing to consider staff recommendations and to review and provide comment to the City Council on the Project and the Draft EIR and staff recommendations on September 28, 2005. Notice of this Planning Commission hearing was provided through publication on September 17, 2005. Following public testimony, and staff recommendations, the Commission commented to the City Council on the Draft EIR. e) The Final EIR and/or responses to comments were distributed to commenting parties for a 10-day notification period beginning October 5, 2005. f) On October 19, 2005, the City Council held a public hearing to consider the Final EIR and certified the Springs Commercial Center Project EIR based on facts and H:\USERS\PLAN\5 0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doe Resolution No. Page 3 findings and statements of overriding considerations; and WHEREAS, notice of the City Council public hearing to consider Case 5.0984 PD-291 was given in accordance with applicable law; and WHEREAS, on October 19, 2005, a public hearing of the proposed project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, including but not limited to the plans and regulations of the proposed Planned Development schematic site plan, conceptual elevations, lighting plan, sign program, staff report, all environmental data, including the Final EIR, along with all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to CEQA 1) The Final Environmental Impact Report (Final EIR) [SCH# 2003121001] has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Final EIR, including all comments received during review and public hearing of the EIR and the recommendation of the Planning Commission and finds that it adequately discusses the significant environmental effects of the proposed project Planned Development PD-291. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) is adopted and incorporated as Exhibit B of this Resolution. The City Council further finds that the Final EIR reflects its independent judgment. 2) The Final EIR adequately covers the proposed project Planned Development PD-291 and the following Statement of Facts and Findings and the Statement of Overriding Considerations for the project reflects its independent judgment. a. The following effects are not found to be significant. The potential impacts related to the following resources are discussed in the Initial Study for the project: i. Aesthetics: Potential impacts related to aesthetics are discussed in Section 4.1 of the EIR. Development of the project will create a change in visual appearance of the currently vacant project site. The design features incorporated in the project address aesthetics. The project, along with other development also has the potential to result in cumulative light and glare impacts. However, if all jurisdictions implement appropriate measures for each project to ensure that lighting is shielded, properly illuminated for the specific HAUSERWI-AM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 4 use and not directed offsite, no significant cumulative light and glare impacts will result. ii. Agricultural Resources: The analysis concluded that the project would have no significant impact on agricultural resources and no mitigation is required, because the project is considered urban infill development, surrounded by existing urban uses. There are no agricultural uses occurring onsite or in the nearby vicinity. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. As the project would not result in any changes which would remove agricultural land or convert to other uses, no cumulative impacts related to agricultural resources would occur. iii. Biological Resources: The analysis concluded that the project would have no significant impact on biological resources and no mitigation is required, because prior to any development activities onsite, the subject property was completely cleared and graded as part of the site restoration activities that were carried out according to the Removal Action Workplan (RAW). This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. No significant biological resources have been identified at the project site; therefore, the proposed development will not contribute to a cumulative loss of sensitive species of plants or animals. iv. Cultural Resources: The analysis concluded that the project would have no significant impact on cultural resources and no mitigation is required due to similar reasons stated under the biological resource discussion above. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. No known significant cultural resources exist at the project site; therefore, the proposed development will not contribute to a cumulative loss of cultural resources. v. Hazards and Hazardous Materials: Following the recent remediation of landfill materials and subsequent recompaction of onsite soils there is a potential that landfill gases, particularly methane, could accumulate and create a potential explosive hazard to the public and future structures onsite. Consequently, to ensure that the potential for an accidental explosion is avoided at the site, the project will include standard design measures (refer to Table 2- 2, Summary of Standard Design features and Construction Measures in Draft EIR) for development of a subsurface network of vapor recovery piping. Provided that individual projects adhere to current laws governing storage, transportation and handling of hazardous materials, no significant cumulative hazard or threats to human health and safety are anticipated. vi. Mineral Resources: The analysis concluded that the project would have no significant impact on mineral resources and no mitigation H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 5 is required, because no important mineral resources are known for the project site, and a majority of the site served as a municipal landfill. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant" in the EIR. Since no mineral resources occur at the project site, the proposed development will not contribute to a cumulative loss of mineral resources. vii. Population and Housing: The analysis concluded that the project would have no significant impact related to population and housing and no mitigation is required, because the project does not have a housing component associated with it. The generation of jobs onsite could result in a slight increase of residents in the nearby area however the magnitude of the project will not induce substantial population growth either directly or indirectly. This environmental topic was discussed under Section 5.1 "Effects Not Found to be Significant' in the EIR. Since the project was found to have no negative effects related to population and housing, the proposed development will not contribute to cumulative population growth, housing displacement, or displacement of people. viii. Growth Inducing Impacts: Introduction of a new type of development into an area can establish a precedent for additional development of a similar or supporting character. However, the project would occur in an area where necessary infrastructure has already been extended and the site is surrounded by existing urban uses therefore the proposed project would not by itself induce the development of similar or supporting new uses in the vicinity. Since development will occur in an area where necessary infrastructure has already been extended, and for the other reasons discussed above, the proposed project is not considered to have a significant cumulative growth-inducing impact. b. The following impacts will be reduced to a level of insignificance with the implementation of the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) attached as Exhibit B of this Resolution. The City further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed below to a level that is less than significant: i. Air Quality: Potential impacts related to air quality are discussed in Section 4.2 of the EIR. Construction activities, including soil disturbance, dust emissions and combustion pollutants from on-site construction equipment and from off-site trucks hauling dirt, cement or building materials will create a temporary addition of pollutants to the local airshed. Incorporation of the mitigation measures # 1-20 in the MMRP (Exhibit B) would help reduce these potential impacts related to air quality to a less than significant level by reducing construction related air quality impacts, incorporating energy efficient lighting, and incorporating alternative fuel vehicles and HSUSERSIPLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 6 transportation. Construction activities will contribute to a cumulative, but not significant impact related to dust emissions and combustion pollutants. Mitigation measures outlined below will mitigate these impacts to a less than significant level. ii. Geology/Soils: Potential impacts related to geology and soils are discussed in Section 4.3 of the EIR. The project site is located in close proximity to active faults that could cause moderate to intense ground shaking during the lifetime of the proposed development. Consequently, a strong seismic event would have the potential to create structural damage of onsite buildings. Incorporation of the mitigation measure #21 in the MMRP (Exhibit B) would reduce potential impacts related to geology/soils to a less than significant level by building the project to the most current Uniform Building Code. The project and any future development will expose additional property and people to groundshaking from earthquakes. However, this impact can be mitigated by compliance with Uniform Building Code seismic requirements. Therefore, there are not any significant cumulative impacts related to geological issues. iii. Hydrology and Water Quality: Potential impacts related to hydrology and water quality are discussed in Section 4.5 of the EIR. Implementation of the project would increase the amount of impervious surfaces within the local drainage area. This would result in increased runoff and reduced on-site water percolation. An increase in surface runoff would likely increase pollution levels in receiving water bodies. The Whitewater River, as the principal drainage channel in the Coachella Valley, would receive runoff from the project which could then potentially contaminate the local groundwater supply. Incorporation of the mitigation measures #24- 31 in the MMRP (Exhibit B) would reduce potential impacts related to hydrology and water quality to a less than significant level by controlling construction related erosion and incorporating and maintaining permanent water quality facilities. Buildout of the project area, the City and of other jurisdictions in the upper Coachella Valley, will increase impermeable surfaces and thus increase runoff. This increase in runoff will increase the drainage flows which currently exist in Riverside County Flood Control District (RCFCD), Coachella Valley Water District (CVWD) and City flood control facilities. However, no significant cumulative impact is expected on existing valley wide flood control facilities as long as the local jurisdictions continue to adhere to RCFCD and CVWD requirements. iv. Land Use and Planning: Potential impacts related to land use and planning are discussed in Section 4.6 of the EIR. The project has the potential to increase visual, light/glare, and noise related impacts on adjacent residents to the north. The proposed mitigation provides for a walled and landscaped buffer and traffic HAUSERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 7 and loading management to resolve land use and planning impacts. Incorporation of the mitigation measures #32-34 in the MMRP (Exhibit B) would reduce potential impacts related to land use and planning to a less than significant level by reducing building heights, providing avigation easements, and improving surrounding roadways. The project, along with other reasonably foreseeable future projects, will result in the development and/or conversion of vacant land to urban uses in the City's redevelopment area. Because the project is consistent with the City's redevelopment goals for this area, and is located in a highly urbanized area, the mere conversion of vacant land to urban uses is not considered cumulatively significant. v. Noise: Potential impacts related to noise are discussed in Section 4.7 of the EIR. Construction noise could create a temporary nuisance to existing residents located along the northern boundary of the site. Operation of the commercial uses may create a noise nuisance at the nearest sensitive receivers (residents along the north). Commercial support activities could include delivery and unloading of heavy goods using a forklift, maintenance activities such as refuse collection or parking lot sweeping, or stacking or retrieval of temporary outdoor storage. Early morning and late evening truck traffic could also be a nuisance at the Cathedral City homes nearest to the site, as well as emergency generators, outdoor trash compaction activities and HVAC-related noise generation. Incorporation of the mitigation measures #35-47 to address both construction and operational noise in the MMRP (Exhibit B) would reduce potential impacts related to noise to a less than significant level by incorporating design and operational features that reduce noise. Acceptable hours of construction are limited pursuant to Section 8.04.220 of the Palm Springs Noise Ordinance. Therefore, the associated cumulative related noise impacts from construction activities at the site would be considered less than significant. Operation of the project would generate noise from automobile use and truck deliveries to and from the site, which would be expected to cumulatively increase the ambient noise environment. However, since the project would be consistent with General Plan land use for the site, it is not expected to result in a cumulatively significant noise related impact on adjacent land uses. vi. Public Services and Utilities: Potential impacts related to Public Services and Utilities are discussed in Section 4.8 of the EIR. The project site is surrounded by existing urban uses including, commercial, industrial, and residential land uses. The proposed project would result in development of new structures onsite, which would increase the need for fire protection services within the City. In addition, the PSUSD has been experiencing overcrowding compounded by new development therefore there is a need for new HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 8 facilities associated with this new development. Incorporation of the mitigation measures #48-51 in the MMRP (Exhibit B) would reduce potential impacts related to public services and utilities to a less than significant level by designing the project to meet city standards, using appropriate building materials and paying all impact fees. The Police Department has stated that the cumulative impacts projected for build out under the City's General Plan will result in a 'significant but mitigable demand for additional law enforcement officers, services and facilities. To avoid potentially significant cumulative impacts associated with the development of structures susceptible to fire hazards, development in the City will need to continue to implement the recommendations of the Fire Department during development review. Cumulative impacts on the PSUSD are handled on a project by project basis through payment of the school facilities fee and funding from other sources. vii. Transportation and Traffic: Potential impacts related to traffic are discussed in Section 4.8 of the EIR. The proposed development would generate approximately 16,530 daily trip ends, including 1,521 during the midday peak hour (851 inbound and 670 outbound), and 1,550 during the evening peak hour (744 inbound and 806 outbound). Approximately 12,610 daily trips would be primary or "new" trips and 3,920 would be pass-by trips that would be attracted from the traffic stream on the abutting roadways. The 3,920 daily pass-by trips would be using the adjacent roadways whether or not the project is constructed. The project is expected to generate 1,185 "new" trips and 336 pass--by trips during midday peak hour as well as 1,182 "new" trips and 368 pass--by trips during the evening peak hour. The projected traffic volumes would contribute to reducing the LOS on a number of key intersections and local roadway segments; however incorporation of the mitigation measures #52-81 in the MMRP (Exhibit B) would reduce potential impacts related to transportation and traffic to a less than significant level by designing and building transportation improvements to address the increased demand. The traffic report for the project (summarized in Section 4.9 and contained in Appendix H of the Draft EIR), evaluates short-term (year 2006) and long-term (year 2025) cumulative circulation impacts within the study area. As shown therein, the proposed project, along with planned development in the area, will have a cumulative impact on a number of local area intersections and roadway segments. However, the project proponent will be required to participate in the phased construction of off-site traffic signals and roadway improvements through a fair share payment toward the City's traffic mitigation fees, which will help reduce cumulative impact to a less than significant level. FI:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 9 c. The City finds that despite the incorporation of alternatives, mitigation measures in the MMRP, and design changes to the proposed project, implementation of Planned Development PD-291 will possibly allow the following adverse environmental impacts to remain unavoidably significant because these impacts cannot be mitigated to a less than significant level and a statement of overriding consideration is thereby included (Section d) in which specific economic, legal, social, technological or other considerations make infeasible the reduction of project impacts to a nonsignificant level: i. Air Quality: Air quality issues are discussed in detail in Section 4.2 of the EIR, and in the Air Quality Technical Report included as Appendix B to the EIR. Despite the imposition of mitigation measures in the MMRP and implementation of best available control technology during finish construction, application of paintings and coatings may create substantial ROG emissions exceeding the Southern California Air Quality Management District (SCAQMD) daily threshold. By virtue of exceeding the established SCAQMD threshold, the ROG emissions from the associated finish work would represent a short-term significant impact during the construction phase. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations in the following Section d. The EIR also found that even after compliance with applicable Federal, State, Regional and local regulations, and application of all feasible mitigation measures, the project's long-term operational emission of carbon monoxide (CO), reactive organic compounds (ROG), and nitrogen oxide (NOx) will decrease below threshold levels fairly early (several years) in the project life. However, significant and unavoidable air quality impacts remain during the initial years of project operation. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations. As a source of stationary and vehicle emissions, on a long-term basis the Project and other projects in the region will cumulatively contribute increased levels of criteria pollutants. Despite implementation of mitigation measures and best available control technology, these impacts cannot be mitigated to a less-than-significant level. This impact is overridden by the Project benefits described in Section H of this document. ii. Hazards and Hazardous Materials: Issues related to hazards are discussed in detail in Section 4.4 of the EIR, and in Appendices D, E and F to the EIR. Because of the project's proximity to the Palm Springs International Airport, construction and operation of the project could result in a safety hazard to aircraft flying into the airport, and for people working at the proposed development site. The subject property is located within the influence area of the Palm Springs International Airport Land Use Plan, and is therefore, subject to the countywide policies of the Riverside County Airport FlAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 10 Land Use Compatibility Plan (RCALUCP). The project would be incompatible with the intensity clustering provisions of RCALUCP Policy 4.2.5(b) (2) & (4). According to this policy, the project must limit the intensity (people/square acre) at any one time on site, to a maximum of 50 people per acre in Zone B1 and up to 150 people per acre in Zone C. Most shopping centers and high-intensity retailers, like the proposed Home Depot, do not comply with this criterion. Consequently, development of the project as proposed would be incompatible with this guideline of the RCALUCP and would therefore, constitute a significant unavoidable adverse impact with regard to the RCALUCP Safety Policy. Despite incorporation of project design to reduce impacts significant and unavoidable impacts remain. This impact is overridden by the Project benefits as set forth in the Statement of Overriding Considerations Section d. d. Statement of Overriding Considerations: The City Council of the City of Palm Springs adopts this Statement of Overriding Considerations with respect to the significant unavoidable impacts identified in the EIR, specifically (1) Air Quality related to (a) increased ROG emissions during finish construction of the proposed project, (b) increased mobile source air pollutant emissions during the project's early operational phase, and (c) contribution to local and regional cumulative air quality impacts. (2) Hazards related to compatibility with the RCALUCP land use policy. The City Council balanced the benefits of a proposed project against its unavoidable significant impacts and to determine whether the impacts are acceptably overridden by the project benefits. The City Council finds that the following Benefits of Planned Development PD-291 outweigh the unavoidable significant adverse environmental impacts noted in Section c. Each of the separate benefits is hereby determined to be, in itself and independent of the other Project benefits, and a basis for overriding all unavoidable environmental impacts identified in the EIR and in these findings. Benefits of Planned Development PD-291: a. Creation of a productive commercial/retail use, capitalizing on the project site's proximity to adjacent and surrounding residential housing and major roadways including Ramon Road and Gene Autry Trail. b. The Project will allow for productive use of currently vacant land within the City with a commercial/retail use to provide services to residents of the City and surrounding community. c. The development of additional high quality commercial/retail uses will provide for increased economic benefits to the City of Palm Springs. Based on estimates from the City's Economic Development Department, the project is estimated to generate H1USERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 11 sales tax revenues to the City in excess of $1 million annually and over 700 full- and part-time jobs. In addition the project provides and pays for commensurate public facilities to address the increased demand created by the development. d. Assist in achieving the City's redevelopment goals by developing the site consistent with goals and objectives of the Ramon-Bogie Redevelopment Project Area. e. Protect the City's investment in the Palm Springs Airport and Convention Center by increasing City revenues. f. Reduce travel time to shopping areas for surrounding residential developments. g. Utilize a site with gentle topography and which does not require extensive grading or site disturbance. h. Provide a general variety of community- to regional-level commercial services in a planned shopping complex for the permanent resident. Develop service commercial uses related to the City's primary retail commercial and tourist-related uses and to the service needs of the residents. e. The City Council finds that the EIR identified all of the adverse environmental impacts and the feasible mitigation measures which can reduce impacts to less-than-significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The EIR also analyzed three alternatives (No Project, Industrial Park, and Commercial/Retail Strip Mall) to determine whether reasonable or feasible alternatives might reduce or eliminate the significant adverse impacts of the proposed Project. The No Project alternative was rejected because it dose not achieve the stated objective of the project to provide a neighborhood commercial uses close to residential housing, and achieve the City's redevelopment goals for remediation of the old landfill site. The Industrial Park alternative was rejected because it dose not achieve the stated objective of the project to provide neighborhood commercial uses close to residential housing. The Commercial/Retail Strip-Mall alternative was rejected because it would curtail the full attainment of the project's commercial objectives and this alternative does not provided any added benefits in terms of mitigating adverse impacts that cannot be mitigated by the measures identified for the proposed project. The EIR presents evidence that Planned Development PD-291 will cause significant adverse impacts, which cannot be substantially mitigated to non-significant levels. The City Council considered the unavoidable adverse impacts and balanced the benefits of the proposed Project against its unavoidable environmental impacts and hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the EIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City Council finds that economic, social, and other considerations of Planned Development PD- HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 12 291 outweigh the unavoidable adverse impacts. The reasons for accepting these remaining unmitigated impacts are: i. Air Quality - Construction Impacts: During finish construction, application of paintings and coatings may create substantial ROG emissions exceeding the SCAQMD daily threshold. This will be a short term impact, which would be removed upon completion of the finish construction phase. However, by virtue of exceeding the established SCAQMD threshold, the ROG emissions from the associated finish work would represent a short-term significant impact during the construction phase despite the imposition of mitigation measures and implementation of best available control technology. These impacts are overridden by Project benefits described in Section H of this document. ii. Air Quality - Operational Impacts: Despite implementation of the recommended mitigation measures, mobile source emissions early in the project's operational life would represent a significant air quality impact. No reasonable level of mitigation could reduce project related impacts during this time to a less than significant impact. Therefore, development of the project as proposed would result in a significant unmitigable impact on air quality during the early operational life of the project. However, emission levels will drop below thresholds several years after completion. The limited magnitude and duration of excess emissions, and the fact that shoppers would go elsewhere with identical mobile source emissions, support a less than significant air quality impact finding for the long-term operation of the project. However, benefits obtained from developing much needed Commercial/Retail uses necessary to meet the demands of a growing population within the City, outweigh this short-term operational impact. iii. Air Quality - Cumulative Impacts: As a source of stationary and vehicle emissions, on a long-term basis the Project and other projects in the region will cumulatively contribute increased levels of criteria pollutants. Despite implementation of mitigation measures and best available control technology, these impacts cannot be mitigated to a less-than-significant level. This impact is overridden by the Project benefits described in Section d of this document. iv. Hazards: As detailed in Section 4.4 of the Draft EIR and Section F, above, the project will conflict with the Riverside County Airport Land Use Compatibility Plan (RCALUCP) due to the intensity clustering provisions of RCALUCP Policy 4.2.5(b) (2) & (4). According to this policy, the project must limit the intensity (people/square acre) at any one time on site, to a maximum of 50 people per acre in Zone B1 and up to 150 people per acre in Zone C. Most shopping centers and high-intensity retailers, like the proposed project, do not comply with this criterion. Consequently, development of the project as proposed would be incompatible with HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05 doc Resolution No. Page 13 this element of the Plan and would therefore, constitute a significant unavoidable adverse impact with regard to the RCALUCP Safety Policy. Despite implementation of the stated mitigation measures, significant and unavoidable impacts remain. This impact is overridden by Project benefits described in Section d above. SECTION 2: Pursuant to Section 94.02.00 of the Zoning Ordinance: 1. The Planned Development applied for at the location set forth in the application is properly one for which a Planned Development is authorized by the City's Zoning Ordinance. The Planned Development PD-291 provides for commercial uses consistent with the underlying M-1-P zone which permits commercial uses and large scale service retail outlets. 2. The Planned Development is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The project provides a productive commercial use at an important crossroads for the city consistent with the General Plan and is designed and conditioned to provide adequate setbacks and landscaped and walled buffers to surrounding residential uses, and to avoid delivery traffic on surrounding residential streets. 3. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is 37 acres and is of adequate size to contain the proposed retail center. Conditions of approval address issues such as design and aesthetics, architecture, setbacks, final design, pedestrian enhancements, lighting, preservation of the night sky, parking lot shading, landscaping, signage, screening of parking area and drive through facilities, outdoor storage, loading, landscaping, general operations, bicycle access, and accessibility, in order to facilitate development of a project which is complimentary to existing development in the vicinity. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the project is adequately available via a major thoroughfare accessible to 1-10 by Gene Autry Trail and Ramon Road, and two Collector roads San Luis FI:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 14 Rey and Mission. Main entries for the project will be developed on Ramon Road and Gene Autry Trail. Traffic evaluation and associated proposed mitigation indicates that the circulation systems is capable of carrying the type and quantity of traffic projected to be generated from the project. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. The attached conditions of approval (Exhibit A) protect the health safety and general welfare by assuring the project achieves compatibility with the Palm Springs International Airport, assures proper access and provision of traffic facilities, provides for appropriate buffering and landscaping and assures the landfill is remediated prior to development. 6. Planned Development 291 combines land uses in compatible relationships according to the City of Palm Springs Municipal Code by a totally planned development that implements the Palm Springs General Plan and good zoning practices as shown in the attached Exhibit 1 dated October 19, 2005 pursuant to the incorporation of the Conditions of Approval attached in Exhibit A, and modifying the underlying M-1-P zone development standards as follows: Development Standard Required (M-1-P Zone) Approved PD-291 Building Height 40 feet 35 feet Yards Abutting Residential 100 feet 17-100 feet Landscape Buffer 25 feet 17-25 feet Abutting Major Roads 25 feet Same Landscape Buffer 25 feet Same Abutting Non-Residential 20 feet 17-110 feet Landscape Buffer None 17-25 feet Walls 8 feet maximum 8 feet Coverage No Limit 74% of site Parking Spaces 1571 spaces 1817 spaces Parking Lot Shading 50% minimum Same ,ADOPTED THIS 19th day of October, 2005. David H. Ready, City Manager ATTEST: ,James Thompson, City Clerk f1AUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 15 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 H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 16 EXHIBIT A Case 5.0984 PD-291 The Springs Commercial Center Northeast Corner of Ramon Road and Gene Autry Trail October 19, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0894-PD-291. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. HAUSERS\PLAW.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- (15.doe Resolution No. Page 17 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. 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 with the Notice of Determination. Action on this application shall not be final until such fee is paid. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. Prior to issuance of building permits, the project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. CEQA 13. As adopted in the Final Environmental Impact Report (SCH#2003121001), the applicant shall provide mitigation monitoring and report to the city on implementation of environmental mitigation measures according to the Mitigation Monitoring and Reporting Program (MMRP). The applicant shall be responsible for reimbursing the city for costs associated with review and approval of the applicant's implementation of the MMRP. HALSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 18 7. The development standards of Planned Development 291 modify the underlying M-1-P zone development standards as follows: Development Standard Required (M-1-13 Zone) Approved PD-291 Building Height 40 feet 35-40 feet Yards Abutting Residential 100 feet 17-100 feet Landscape Buffer 25 feet 17-25 feet Abutting Major Roads 25 feet Same Landscape Buffer 25 feet Same Abutting Non-Residential 20 feet 17-110 feet Landscape Buffer None 17-25 feet Walls 8 feet maximum 8 feet Coverage No Limit 74% of site Parking Spaces 1571 spaces 1817 spaces Parking Lot Shading 50% minimum Same CC&R's 8. Property Conditions, Covenants and Restrictions (CC&Rs): Prior to issuance of building permits CC&Rs shall be submitted for review and approval by the Director of Planning Services in a form to be approved by the City Attorney to acknowledge Planned Development 291 (PD-291), the adopted Conditions of Approval of PD-291, and the MMRP of the Final Environmental Impact Report (SCH#2003121 001); and provide for private restrictions on use of the site that implement PD-291 and the MMRP. The provisions in the CC&Rs shall be enforceable by the City and not be amended without City approval, and shall require the maintenance of all property in a good condition in accordance with all regulations by one entity. The approved CC&Rs shall be recorded prior to issuance or the first Certificate of Occupancy. 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Services Department for administrative review purposes. PROJECT OPERATIONS 10. Seasonal Garden Area: A Land Use Permit is required for all outdoor special events such as the Seasonal Garden Area. A maximum of six special events, each lasting no more than two weeks in duration may be held per year. 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 Services, prior to issuance of a certificate of occupancy. Any outdoor future food use shall be subject to consideration of a HAUSERWI-AM5.0984-PD-291 The Springs\Staff Reports\CM5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 19 land use permit. 11. Outdoor Storage: Outdoor storage in the Outdoor Garden Center, Building Materials Storage, or Will Call areas shall not exceed the height of the perimeter screen fence/walls of their respective areas. 12. Signage: Prior to issuance of a building permit, the applicant shall submit for review and approval a Comprehensive Sign Program showing all proposed signage for the site. The comprehensive Sign Program shall be integrally designed with the site landscaping and architecture and incorporate reference to comments received during Architectural Advisory review of PD-291. 13. Loading facilities: Prior to issuance of Building permits, 1) a loading facility shall be provided for the building "Food-V on Exhibit 1 by conversion of two nearby parking spaces or other means acceptable to the Director of Planning Services; 2). A loading facility shall be provided for building "Retail-1" on Exhibit 1 by reconfiguration of the 4-trash bins and elimination of the 3-parking spaces on the north side of the Retail-1, or by other means acceptable to the Director of Planning Services; and 3) PD-291 Exhibit 1 shall be amended to note that prior to issuance of any permit to expand any building "Major C-E" or alter the loading facilities for the buildings "Major C-E" a new loading facility plan shall be submitted for review and approval as an amendment to Planned Development 291. The Operational Noise Control Plan, as part of the MMRP (condition 6), shall limit deliveries as noted in the July 18ih letter from Home Depot in the Final EIR, and such limits shall be included in the project CC&Rs (condition 8). 14. Site remediation: Prior to submission of a building permit, the applicant shall provide certification to the satisfaction of the City Attorney that the Removal Action Plan (RAW) has been completed and the site is clear of all environmental concerns, and that implementation of PD-291 will not pose any concerns relative to the prior land fill operation on the site. The applicant shall reimburse any city costs in the review of the certification. 15. Cart theft system: Prior to issuance of the first certificate of occupancy, the applicant shall install and operate an electronic shopping cart theft system to prevent shopping carts from being removed from the property to the satisfaction of the Director of Planning Services. The ongoing maintenance an operation of the electronic shopping cart theft system shall be provided for in the CC&Rs for the site. FINAL DESIGN 16. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 20 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. Prior to issuance of the first certificate of occupancy all materials on the flat portions of the roof shall be a painted consistent color approved by the Director of Planning Services. 18. 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. 19. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 20. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 21. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 22. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 23. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal to the City of Palm Springs. 24. The entire parking lot and all drive-through facilities must adequately screened by 4'-0" tall decorative walls and/or berms. The walls should include decorative block, cap and pilasters and berms architecturally integrated with the site architecture. Walls and berms must include landscaping, including trees and shrubs. HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 21 25. Landscaping shall include a mixture of 24", 36", 46" and 60" box size trees. All trees shall be allowed to grow to full form and height and shall not be topped or excessively trimmed. 26. 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. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 27. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 28. 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. 29. 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. 30. 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. 31. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance, which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. This must be submitted for approval a minimum of (60) days prior to issuance of the certificate of occupancy and must be approved prior to opening. POLICE DEPARTMENT 32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 33. Fire Hydrant Systems: Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction (901.2.2.2 CFC). All fire HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 22 hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. 34. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site (903 CFC). Installation, testing, and inspection will meet requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's material and Test Certificate to the Fire Department (9-2.1 NFPA 24 1995 edition). 35. Fencing Requirements: Construction site fencing required over 5,000 SF or as the Fire Marshall deems necessary as the authority having jurisdiction, in accordance with the 1998 California Fire Code and City of Palm Springs Ordinance 1570. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 36. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 92 CFC). 37. Private Streets: They shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets maybe required by the City Engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed on ether side of the roadway. :38. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds G.V.W. (902.2.2.2CFC). The minimum inside turning radius is 30 feet, with outside radius of 45 feet. 39. Automatic Fire Sprinklers: Approved, automatic Fire Sprinkler Systems are required for all project buildings. 13UILDING DEPARTMENT 40. Application for building permit requires the submittal of three sets of construction documents, including attachments such as structural engineering, energy calculations, etc. HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 23 41. All food service type uses must have Health Department approval prior to building permit issuance. 42. Each food service type use must be provided with its own dedicated grease interceptor (common interceptors are not allowed). 43. For future consideration, it the intent is to use CBC section 505.2 to justify the size of buildings, and ultimately to subdivide the property, the 60 foot yard required by that section will not be permitted to extend over a real property line (as opposed to an assumed property line). ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 44. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 45. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to issuance of building permits. 46. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 47. Site Access Alternative D shall be implemented for this project, as identified in the Traffic Impact Study prepared by Endo Engineering for "The Springs Retail Center", dated May 2005. The required improvements below identify the construction of a connection to Mission Drive from the project site, via an extension of San Joaquin Drive south of Mission Drive with an intersection (standard street knuckle) at Gene Autry Trail aligned with Site Access A, as generally shown in Figure 1-10 "Alternative Access Plan Y from the Traffic Impact Study. In the event Caltrans demonstrates requirements that prohibit the ability to construct a directional median opening on Highway 111 at Site Access B, the City Engineer will coordinate with the applicant to resolve the restriction, including consideration of Site Access Alternative B and installation of a full access signalized driveway at Site Access B. Conditions indicated herein relative to Highway 111 are subject to change in accordance with Caltrans requirements, as may be indicated in an Encroachment Permit issued by Caltrans to the applicant for construction of improvements along Highway 111 related to this project. HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc [Resolution No. Page 24 GENE AUTRY TRAIL (HIGHWAY 111) 48. Remove the existing curb returns, spandrels, and cross-gutter at the intersection with Mission Drive, and construct 35 feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 49. Remove the existing curb and gutter, and construct a new 40 feet wide local street intersection aligned with Site Access A (northerly driveway along Gene Autry Trail). The new street shall be constructed with a 6 inch curb and gutter located 20 feet north and south of the centerline of Site Access A, extending to a standard knuckle aligned with the southerly prolongation of the centerline of San Joaquin Drive, including 35 feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 50. Construct a standard street knuckle, in accordance with City of Palm Springs Standard Drawing No. 104, at the intersection aligned with Site Access A and the southerly prolongation of the centerline of San Joaquin Drive. 51. Construct a 30 Feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The driveway approach shall be constructed at the location identified as Site Access A (northerly Gene Autry Trail driveway), within the standard street knuckle. 52. Construct a 5 feet wide sidewalk along both sides of the new local street, in accordance with City of Palm Springs Standard Drawing No. 210. 53. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within the new local street from edge of proposed gutters in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 54. Construct Type A curb ramps meeting current California State Accessibility standards on each side of the new local street intersection aligned with Site Access A, in accordance with City of Palm Springs Standard Drawing No. 212. 55. Construct a directional median opening within the existing landscaped median, aligned with Site Access B. The directional median opening shall provide a 100 feet long southbound, left-turn bay, and shall be designed and constructed in accordance with the Caltrans Highway Design Manual and in a manner to prohibit westbound left-turn egress from Site Access B. The applicant shall be HAUSERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 25 responsible for removing and replacing irrigation system and landscaping improvements within the existing median, to the satisfaction of the Director of Planning Services and City Engineer, in accordance with Caltrans standards. 56. Site Access B (central Gene Autry Trail driveway) shall be revised to eliminate the two westbound exit lanes, and shall consist of a divided entry with two entrance lanes (12 feet wide each, 24 feet wide total), a landscaped median (13 feet wide), and one exit lane (16 feet wide), for a total width of 53 feet, or as otherwise approved by the City Engineer. Remove the existing curb and gutter, and construct Site Access B as a 53 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in, right-turn out, and left-turn in only. Left-turn out egress shall be prohibited. 57. Remove the existing curb and gutter, and construct Site Access C (southerly Gene Autry Trail driveway) as a 32 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in and right-turn out only. 58. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access B and C) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 59. Construct a 10 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk may be meandering, and 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 applicant shall dedicate an easement for sidewalk purposes for portions of the sidewalk, if meandering, that are located outside of existing right-of-way. 60. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast and southeast corners of the intersection of Gene Autry Trail and Mission Drive, in accordance with City of Palm Springs Standard Drawing No. 212. 61. All broken or off grade street improvements shall be repaired or replaced. li:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 26 RAMON ROAD 62. Remove the existing curb, gutter and sidewalk, and construct Site Access D (westerly Ramon Road driveway) as a 32 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in and right-turn out only. 63. Site Access E (easterly Ramon Road driveway) shall be revised to eliminate the two southbound exit lanes, and shall consist of a divided entry with two entrance lanes (12 feet wide each, 24 feet wide total), a landscaped median (5 feet wide), and one exit lane (16 feet wide), for a total width of 45 feet, or as otherwise approved by the City Engineer. Remove the existing curb returns, spandrels, cross-gutter, and access ramps, and construct Site Access E as a 45 feet wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Access shall be limited to right-turn in, right-turn out, and left-turn in only. (34. Modify the existing median opening at Site Access E to provide a directional median opening with a 100 feet long eastbound, left-turn access into the development and to prohibit southbound left-turn egress from Site Access E; and modify the existing median to extend the eastbound, left turn pocket at San Luis Rey Drive to provide a 200 feet long left-turn bay. The median modifications shall be designed and constructed in accordance with the Caltrans Highway Design Manual. The applicant shall be responsible for removing and replacing irrigation system and landscaping improvements within the existing median, to the satisfaction of the Director of Planning Services and City Engineer. 65. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access D and E) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 66. Remove existing street improvements as necessary to construct a 170-feet long by 12-feet wide bus turn out on the north side of Ramon Road, west of San Luis Rey Drive. Dedicate additional right-of-way concentric with the back of the 8 feet wide color concrete sidewalk to match existing improvements. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer, as necessary. The applicant HAUSERWI-AM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05 doc Resolution No. Page 27 shall be responsible for coordinating the removal of existing bus stop furniture and other accessories located at the northeast corner of Ramon Road and San Luis Rey Drive, as required by Sunline Transit Agency. 57. All broken or off grade street improvements shall be repaired or replaced. SAN LUIS REY DRIVE 68. Dedicate an additional 21 feet of right-of-way along the entire frontage, together with a property line corner cut-back at the southeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 159. Remove the existing asphalt concrete berm and replace with a 6 inch curb and gutter located 48 feet west of the record centerline of San Luis Rey Drive along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of Ramon Road and San Luis Rey Drive, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Install an appropriate taper and transition from the north end of the subject property to the widened section of San Luis Rey Drive, to the satisfaction of the City Engineer. 70. Remove and reconstruct the existing 14 feet wide catch basin and storm drain connector pipe located on the north side of Ramon Road, west of San Luis Rey Drive, associated with Riverside County Flood Control District (RCFC) Palm Springs Storm Drain Line 34, as necessary to facilitate the widening of San Luis Rey Drive. The reconstruction of the catch basin and storm drain connector pipe shall be subject to the review and approval by RCFC and the City Engineer. 71. Construct a 170-feet long by 12-feet wide bus turn out on the west side of San Luis Rey Drive, north of Ramon Road (at the current location of the existing bus stop). Dedicate additional right-of-way concentric with the back of the 8 feet wide colored concrete sidewalk to match existing improvements. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by SunLine Transit Agency, shall be provided by the developer, as necessary. 72. Remove and replace the existing cross-gutter located across the north leg of the Ramon Road and San Luis Rey Drive intersection, as necessary to facilitate the required street improvements. 73. Construct Site Access F and G (southerly and center San Luis Rey Drive driveways) as a 32 feet wide driveway approach at the locations as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. Full access shall be permitted. 74. Construct Site Access H (northerly San Luis Rey Drive driveway) as a 30 feet HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 28 wide driveway approach at the location as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 201. The applicant shall post signage indicating that delivery trucks are prohibited from turning left onto San Luis Rey Drive. 75. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approaches (for Site Access F and G) in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 76. Construct an entry monument, or non-traversable median within San Luis Rey Drive immediately north of Site Access H (separating opposing traffic lanes) to restrict delivery truck right-turn access into the development from San Luis Rey Drive, or left-turn access out of the development onto San Luis Rey Drive. The entry monument shall be designed to narrow the travelway, but allow non-project related delivery truck access directly into the adjacent neighborhood. The entry monument design shall be subject to the review and approval of Cathedral City. The applicant is encouraged to coordinate with Cathedral City staff to obtain the application process or procedure to obtain official approval of the entry monument design, including, if applicable, approval from the City Council of Cathedral City. 77. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk 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. '78. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal from edge of proposed gutter to clean sawcut edge of pavement, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 79. The applicant shall crackfill, repair, or otherwise improve the existing pavement section in accordance with requirements indicated in a Geotechnical Design Report evaluating the current pavement condition of San Luis Rey Drive and its ability to withstand use by the anticipated heavy truck volumes generated by the HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 29 development, which may include, but not be limited to, construction of a minimum 1'/2 inch asphalt concrete overlay on the existing asphalt concrete pavement within San Luis Rey Drive. 80. Install new traffic striping improvements to provide two (2) through traffic lanes northbound and southbound, a 12 feet wide center two-way left-turn lane, and an 8 feet parking lane adjacent to the east curb, from Ramon Road across the project frontage, transitioning at the north property line. Provide appropriate traffic striping and signage along the entire frontage, as required by the City Engineer. Parking shall be prohibited along the west side of San Luis Rey Drive along the entire project frontage. The applicant shall install appropriate "No Parking" signs prohibiting parking along the west side of San Luis Rey Drive, along the entire project frontage. MISSION DRIVE 81. The entire segment of Mission Drive, from Gene Autry Trail to San Joaquin Drive shall be removed and reconstructed as required herein, to facilitate access into the proposed development. 82. Construct a 6 inch curb and gutter located 20 feet north and south of the centerline of Mission Drive from Gene Autry Trail to San Joaquin Drive, with a 25 feet radius curb return and spandrel at the northwest, northeast, and southeast corners of the intersection of Mission Drive and San Joaquin Drive, and with a 35 feet radius curb return and spandrel at the southwest corner of the intersection of Mission Drive and San Joaquin Drive, in accordance with City of Palm Springs and City of Cathedral City specifications. 83. Construct a 6 feet wide cross gutter across the north and south legs of the Mission Drive and San Joaquin Drive intersection with a flow line parallel with and 20 feet from the centerline of San Joaquin Drive in accordance with City of Palm Springs and City of Cathedral City specifications. 84. Construct a 5 feet wide sidewalk behind the curb on the north and south sides of Mission Drive, from Gene Autry Trail to San Joaquin Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 135. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest, northeast, southwest, and southeast corners of the intersection of Mission Drive and San Joaquin Drive, in accordance with City of Palm Springs Standard Drawing No. 212. 86. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, throughout the entire travelway to the end of new improvements at the east leg of the Mission Drive and San Joaquin Drive HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 30 intersection, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 87. Construct an entry monument, or non-traversable median within Mission Drive immediately east of San Joaquin Drive (separating opposing traffic lanes) to discourage delivery truck access into the adjacent neighborhood along Mission Drive. The entry monument shall be designed to narrow the travelway, but allow non-project related delivery truck access directly into the adjacent neighborhood. The entry monument design shall be subject to the review and approval of Cathedral City. The applicant is encouraged to coordinate with Cathedral City staff to obtain the application process or procedure to obtain official approval of the entry monument design, including, if applicable, approval from the City Council of Cathedral City. 88. Install new traffic striping improvements to provide two (2) westbound traffic lanes and one (1) eastbound traffic lane from Gene Autry Trail to San Joaquin Drive. The westbound lanes shall be striped for left-turn and right-turn movements; the left-turn lane shall be 12 feet wide and the right-turn lane shall be 14 feet wide. The eastbound lane shall be 14 feet wide. Appropriate traffic striping and signage along the Mission Drive frontage to San Joaquin Drive shall be installed, as required by the City Engineer. Parking shall be prohibited along both sides of Mission Drive from Gene Autry Trail to San Joaquin Drive. The applicant shall install appropriate "No Parking" signs restricting parking along the both sides of this segment of Mission Drive. 89. Install a 2-way stop controlled intersection at Mission Drive and San Joaquin Drive, with stop controls installed for northbound and southbound vehicles on San Joaquin Drive. Install appropriate traffic striping and signage in accordance with City of Palm Springs and City of Cathedral City specifications. At the Mission Drive and San Joaquin Drive intersection, the applicant shall post signage indicating that eastbound commercial vehicles accessing the development are prohibited from proceeding eastbound, and are directed to proceed southbound at San Luis Rey Drive; and shall post signage prohibiting northbound commercial vehicles leaving the development from turning right (eastbound) onto Mission Drive. Proposed signage shall be subject to the review and approval by Palm Springs and Cathedral City. SAN JOAQUIN DRIVE 90. The entire segment of San Joaquin Drive, from Mission Drive to the standard street knuckle aligned with the centerline of Site Access A shall be removed and reconstructed as required herein, to facilitate access into the proposed development. H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 31 91. Dedicate additional right-of-way as necessary to construct a standard street knuckle on-site, at the intersection of the prolongation of the centerline of San Joaquin Drive and the centerline of Site Access A, in accordance with City of Palm Springs Standard Drawing No. 104. 92. Construct a 6 inch curb and gutter, 20 feet east and west of the centerline from Mission Drive to the standard street knuckle located at the intersection with the centerline of Site Access A. 93. Construct a 5 feet wide sidewalk behind the curb on the east and west sides of San Joaquin Drive, from Mission Drive to the standard street knuckle located at the intersection with the centerline of Site Access A, in accordance with City of Palm Springs Standard Drawing No. 210. 94. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, throughout the entire travelway, in accordance with City of Palm Springs Standard Drawing No. 110. The required 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, and designed to withstand anticipated heavy truck volumes generated by the development. 13ANITARY SEWER 95. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 96. If not already constructed, extend the existing 15 inch public sewer main from the end of the existing sewer main in San Luis Rey Drive north of Ramon Road to the point of on-site sewer connection for the project. The applicant shall coordinate installation of laterals for future sewer connections to adjacent properties along the east side of San Luis Rey Drive, within Cathedral City, subject to the review and approval of the Desert Water Agency and the Cathedral City, City Engineer. The sewer main extension shall be constructed prior to issuance of a certificate of occupancy, or as otherwise allowed by the City Engineer. 97. Coordinate with Desert Water Agency for preparation of sewer improvement plans for the extension of the existing 15 inch public sewer main in San Luis Rey Drive. The plans shall be approved by Desert Water Agency prior to issuance of any building permits. 98. All on-site sewer systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the on-site sewer system HIUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 32 acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 99. All sewer mains constructed by the applicant and to be publicly maintained shall be subject to the review and approval by Desert Water Agency. The applicant shall comply with all Desert Water Agency requirements necessary for acceptance of the extended sewer main by Desert Water Agency. 100. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Private on-site sewer mains shall conform to City sewer design standards, including construction of V.C.P. sewer mains and standard sewer manholes, unless otherwise allowed by the City Engineer. A profile view of the on-site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 101. The on-site private sewer system shall connect to the sewer main within San Luis Rey Drive in accordance with Desert Water Agency standards. GRADING 102. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. 103. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures' as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff members that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and HAUSERS\PLAW.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 33 approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 104. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 105. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets, roadways, or gutters. 106. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Precise Grading and Paving Plan. 107. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 1108. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading and Paving Plan. The soils report shall evaluate existing pavement conditions of San Luis Rey Drive, Mission Drive, and San Joaquin Drive, and identify pavement repairs and/or pavement construction requirements with regard to the use of these streets by heavy trucks associated with this development. '109. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading and Paving Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 110. All stormwater runoff across the property shall be accepted and conveyed in a l+\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 34 manner acceptable to the City Engineer and released to Palm Springs Master Storm Drain Line 34 through an on-site storm drain system. Stormwater runoff may not be released directly to Line 34 or adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 111. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 112. The on-site storm drain system, including storm drain pipe sizing, catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in a Hydrology Report for this development. 113. Submit storm drain improvement plans For all on-site storm drainage system facilities for review and approval by the City Engineer. 114. Construct storm drainage improvements, including but not limited to, catch basins and storm drain lines, for drainage of the development into Line 34, subject to the review and approval by the City of Palm Springs, City of Cathedral City, and Riverside County Flood Control District (RCFC). 115. The applicant shall extend Palm Springs Master Storm Drain Lateral 34A within San Luis Rey Drive, from the existing terminus just north of Ramon Road along the frontage of the development. The applicant shall coordinate with Riverside County Flood Control District (RCFC) for the design and installation of Storm Drain Lateral 34A, including associated catch basins and storm drain connector pipes, along both sides of San Luis Rey Drive. The extension of Storm Drain Lateral 34A shall be completed prior to construction of the required street improvements within San Luis Rey Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 116. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre in accordance with Resolution No. 15189. Any design and construction costs associated with the extension of Storm Drain Lateral 34A may be credited against drainage implementation fees otherwise due. The applicant shall coordinate the credit of drainage implementation fees with the City and Riverside County Flood Control District (RCFC) through approval of a Cooperative Agreement between the applicant, the City of Palm Springs, the City of Cathedral City, and RCFC, prior to issuance of building permits. In the event extension of Storm Drain Lateral 34A is not completed prior to an application for building permits, the drainage implementation fee applicable to any building permit(s) shall be paid, with the fee(s) being added to the total costs related to the extension of Storm Drain Lateral 34A for which credit of drainage implementation fees will be considered. HAUSERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 35 ON-SITE 117. The minimum pavement section for all on-site pavement shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 118. Sufficient stacking area shall be provided on-site to accommodate a minimum of seven tandem vehicle spaces, inclusive of the vehicle being served at each drive-through service window, per Municipal Code Section 93.06.00, and the queue of vehicles shall not extend into or interfere with any internal circulation patterns. GENERAL 119. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. '120. All proposed utility lines shall be installed underground. '121. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of the grading plan. The existing overhead utilities across the north property line meet the requirement to be installed underground. Utility H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- O5.doc Resolution No. Page 36 undergrounding shall be completed prior to issuance of a certificate of occupancy. 122. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 123. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 124. 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. 125. 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. 1126. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 127. In accordance with Government Code 66426 (c), an application for a Tentative Parcel Map shall be submitted to the Planning Services Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of commercial parcels within the proposed development. 128. In the absence of an approved and recorded Parcel Map, an application for a lot line adjustment shall be submitted to the Engineering Division for review and approval to remove Lot "B" of Parcel Map 18787 from record, and to adjust the existing property lines of Parcels 1 and 2 of Parcel Map 18787 to avoid intersecting any proposed buildings. A copy of a current title report and copies of record documents shall be submitted with the application for the Lot Line Adjustment. The application shall be reviewed and approved by the Engineering Division, and the Lot Line Adjustment shall be recorded, prior to issuance of any building permit for buildings intersected by existing property lines. '129. Relocation or abandonment of record easements across the property shall be performed prior to issuance of a building permit for buildings proposed within the record easements. The easements, identified as an easement to Southern 11IUSERS\PLAW.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 37 Sierras Power Company recorded on May, 9, 1922 in Book 570, Page 34 of Deeds of Records of Riverside County; and a 10 feet wide easement to California Water and Telephone Company recorded July 12, 1957 in Book 2117, Page 483 of Official Records of Riverside County; and Lot "B", as depicted on Parcel Map No. 18787, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed buildings encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected building(s). TRAFFIC 130. Relocate and modify the existing traffic signal at the intersection of Ramon Road and San Luis Rey Drive, in conjunction with the associated widening of San Luis Rey Drive. The traffic signal shall be split-phased with dual left-turn lanes in the north-south direction. Traffic striping or other improvements shall be installed on San Luis Rey Drive, south of Ramon Road, as necessary to implement the required improvements. The applicant shall submit traffic signal modification plans, and traffic striping and signage plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost of these improvements, however, any other developer's fair share costs that the City may receive for this improvement may be reimbursed to the applicant subject to the terms of a reimbursement agreement. 131. Install a traffic signal at the intersection of Gene Autry Trail and Mission Drive. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the California Department of Transportation (Caltrans). The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal; however, the applicant's fair share cost of this improvement is 11.51%. Any other developer's fair share costs that the City may receive for this traffic signal may be reimbursed to the applicant subject to the terms of a reimbursement agreement, up to a maximum of 88.49% of the total cost. 132. If reimbursement of costs associated with traffic mitigation measures is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of HMSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 38 all associated staff time and expenses necessary in the preparation and processing of the Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Reimbursement Agreement. The Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this condition. 133. Install traffic striping and signage improvements at the intersection of Sunny Dunes Road and Crossley Road to provide an exclusive northbound left-turn lane, and an exclusive eastbound left-turn lane. Submit traffic striping and signage plans to the City Engineer for review and approval. Required traffic striping and signage improvements shall be completed prior to issuance of a certificate of occupancy. 134. Based on the `The Springs Retail Center" Planned Development District Traffic Impact Study prepared by Endo Engineering, dated May 2005 (as amended or updated) traffic mitigation measures are required. For each item identified below, the applicant shall provide a conceptual geometric plan of the intersection improvements, identifying existing and future improvements, and any necessary right-of-way acquisition. The applicant shall submit an estimate for the cost to construct the required improvements, including associated relocation/modification of existing traffic signal improvements and acquisition of additional right-of-way (if necessary), for review and approval by the City Engineer. The following mitigation measures shall be required prior to issuance of a building permit: a. Payment of applicant's fair share of 4.29% of the cost to widen the Sunrise Way and Ramon Road intersection to add a northbound right-turn lane and a second southbound left-turn lane. b. Payment of applicant's fair share of 5.56% of the cost to widen the Farrell Drive and Ramon Road intersection to add a northbound right-turn lane and a second southbound left-turn lane. C. Payment of applicant's fair share of 14.00% of the cost to widen the Crossley Road and Ramon Road intersection to add a northbound right- turn lane. d. Payment of applicant's fair share of 11.43% of the cost to widen the Cathedral Canyon Drive and Ramon Road intersection to add a northbound left-turn lane. e. Payment of applicant's fair share of 6.18% of the cost to install a traffic signal at the Crossley Road and Sunny Dunes Road intersection. f. Payment of applicant's fair share of 8.57% of the cost to install a traffic signal at the San Luis Rey Drive and Mesquite Avenue (renamed Dinah Shore Drive) intersection. HIUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doe Resolution No. Page 39 g. Payment of applicant's fair share of 7.80% of the cost to widen the Crossley Road and Mesquite Avenue (renamed Dinah Shore Drive) intersection to add a northbound through lane, and a second southbound left-turn lane. 135. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalks along the Gene Autry Trail, Ramon Road, San Luis Rey Drive, Mission Drive, and San Joaquin Drive frontages of the subject property. 136. All damaged, destroyed, or modified traffic control devices, pavement legends, or striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 137. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the site driveways (Site Access A, B, C, D, E, F, G, and H) in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 138. 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. 139. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 40 EXHIBIT B Case 5.0984 PD-291 The Springs Commercial Center Northeast Corner of Ramon Road and Gene Autry Trail October 19, 2005 FINAL ENVIRONEMNTAL IMPACT REPORT (SCH# 2003121001) MITIGATION MONITORING AND REPORTING PROGRAM: MITIGATION MONITORING PROGRAM California statutory legislation (AB 3180, CORTESE) requires responsible agencies to adopt monitoring programs to ensure that mitigation measures are effectively implemented whenever approval of a project involves the adoption of mitigation measures specified in the Environmental Impact Report (EIR). The mitigation monitoring program described below will be included in the Final Environmental Impact Report for this project, where it will represent input from review of the Draft EIR. In the mitigation monitoring program, all of the identified mitigation measures contained in the EIR are listed sequentially as they occur in the EIR. For each mitigation measure, the program will specify a qualified individual or department which will be responsible for monitoring implementation of that mitigation measure. The program will specify the time or times that the actions specified in each mitigation measure will be monitored, along with the criteria which will be utilized to determine if the mitigation measure has been satisfactorily implemented. A copy of the mitigation monitoring program will be provided to each person or department listed as responsible for monitoring. Approvals which are contingent upon implementation of a mitigation measure will not be granted without written indication from the responsible person or department that the mitigation measure has been satisfactorily implemented. H:\USERS\PLAN\5 0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 41 TIMING OF. DATE OF, MITIGATION MEASURE' MONITOR COMPLIANCE COMPLIANCE Air Quality 1. The proposed project will comply Building Before with the provisions of Chapter 8.50 of Department Construction the Palm Springs Municipal Code Begins that established minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plan to control fugitive dust through the implementation of best available control measures shall be prepared and submitted to the City for approval prior to the issuance of grading permits. The plan shall specify the dust control measures to be implemented. 2. The project proponent shall Building During comply with all applicable SCAQMD Department Construction Rules and Regulations including Rule 403 insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile or disturbed surface area beyond the property line of the emission source. Particulate matter on public roadways is also prohibited. 3. Adequate watering techniques Construction During shall be employed to partially Contractor Construction mitigate the impact of construction- related dust particulates. Portions of the site that are undergoing surface earth moving operations shall be watered such that a crust will be formed on the ground surface then watered again at the end of each day. Site watering will be performed as necessary to adequately mitigate blowing dust. 4. Any vegetative cover to be utilized Construction During onsite shall be planted as soon as Contractor Construction possible to reduce the disturbed area subject to wind erosion. Irrigation systems required for these plants shall be installed as soon as possible to maintain good ground cover and to minimize wind erosion of the soil. H:\USERS\PLAN\5 0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 42 TIMING OF DATE OF MITIGATION MEASURE.,, MONITOR COMPLIANCE COMPLIANCE 5. Any construction access roads Construction During (other than temporary access roads) Contractor Construction shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed on unpaved roads shall be 15 mph. 6. Grading operations shall be Construction During suspended during first stage ozone Contractor Construction episodes or when winds exceed 25 mph, per PM-10 SIP. 7. Any construction equipment using Construction During direct internal combustion engines Contractor Construction shall use a diesel fuel with a maximum of 0.05%sulfur and a four- degree retard. 6. Perform low-NOx emissions tune- Construction During ups on the on-site equipment Contractor Construction operating onsite for more than 60 days. 9. Construction operations affecting Construction During off-site roadways shall be scheduled Contractor Construction to avoid heavy traffic hours and shall minimize obstruction of through- traffic lanes. 10. Idling trucks or heavy equipment Construction During shall turn off their engines if the Contractor Construction expected duration of idling exceeds ten (10) minutes. 11. All building construction shall Construction During comply with energy use guidelines in Contractor Construction Title 24 of the California Administrative Code. 12. Mitigation for paints/architectural Construction During coatings to include: Contractor Construction Use of pre-coated building materials. Use of high pressure-low volume (HPLV) paint applicators with a 50 percent efficiency. 4• Use of lower volatility paint with 100 grams of ROG per liter or less. Spread out of the application over a longer period of time. 13. The use of energy efficient street Building During lighting and parking lot lighting per Department Construction the City Lighting Ordinance shall be required for all on-site lighting fixtures to reduce emissions at the power generation facility serving the HAUSERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 00.doc Resolution No. Page 43 TIMING OF DATE OF _ MITIGATION MEASURE: : MONITOR COMPLIANCE COMPLIANCE area. 14. Perimeter walls and landscaping Construction During shall be constructed in a manner that Contractor Construction assists in protecting the site from blowsand. All walls and landscaping shall be maintained on a regular basis to remove accumulated blowsand. 15. Project transfer vehicles shall Construction During comply with SCAQMD Rule 1193 Contractor Construction regarding the use of alternative fuel and dual fuel vehicles. 16. Provide preferential parking Planning Post Construction spaces for employee carpools and Department vanpools. 17. Provide on-street bus shelters Planning Post Construction and well-lighted, safe paths between Department site uses. 18. Schedule truck deliveries and Planning Post Construction pickups for off-peak hours where Department feasible. 19. Work with the City of Palm Planning Post Construction Springs to implement or contribute to Department public outreach programs which promote alternative methods of transportation through information kiosks. 20. Delivery trucks shall turn off their Planning Post Construction engines if the anticipated duration of Department idling exceeds three (3) minutes. Geology/Soils 21. Seismic design of onsite Building During structures shall be in compliance with Department Construction the most recent version of the Uniform Building Code(UBC), and shall be sufficient to withstand greater than a 0.62 g peak horizontal ground acceleration event. Hazards and Hazardous Materials 22. All onsite structures shall be Planning Before limited to 35-feet in height within the Department Construction Zone 81 and up to 70-feet within Begins Zone C as designated on the Riverside County Airport Land Use Compatibility Plan Map. 23. A standard avigation easement Building Before and non-suit covenant, in a form Department Construction HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 44 TIMING OF DATE OF. _ ._MITIGATION MEASURE , :. MONITOR COMPLIANCE COMPLIANCE prescribed and approved by the city Begins attorney, shall be provided by and with reference to present and future owners of onsite parcels where structures are to be located. Hydrology 24. Temporary erosion control Construction During Contractor Construction measures shall be employed for graded areas. Erosion control measures shall reduce and/or eliminate as much as possible, particulate runoff off- site into the local storm drain system. 25. During the winter and spring Construction During months, disturbed surfaces will be Contractor Construction covered with erosion control devices in order to reduce potential runoff and/or wind exposure. 26. Sediment shall be retained on- Construction During site by a system of sediment basins, Contractor Construction traps or other appropriate measures. 27. Storm drains will be equipped Construction During with silt and oil traps to remove oils, Contractor Construction debris and other pollutants. 28. The parking lot area shall be Building Before designed to allow storm water runoff Department Construction to be directed to vegetative filter Begins strips and/or oil-water separators to control sediment, oils and other contaminants. 29. Permanent energy dissipaters Construction During shall be included for drainage outlets. Contractor Construction 30. The project area drainage basins Building Before shall be designed to provide effective Department Construction water quality control measures. Begins Design and operational features of the drainage basins will include design features to provide maximum detention time for settling of fine H:IUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC15.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 45 TIMING OF DATE OFF, MITIGATION MEASURE MONITOR COMPLIANCE COMPLIANCE particles; maximize the distance between basin inlets and outlets to reduce velocities; and establish maintenance schedules for periodic removal of sedimentation, excessive vegetation and debris. 31. The project applicant shall apply Planning Before for and obtain all necessary permits Department Construction from Riverside County Flood Control Begins District for connection of the private on-site drainage system to the regional storm drain Line 34 in Ramon Road. Land Use/Planning 32. All onsite structures shall be Planning Before limited to 35-feet in height within the Department Construction Zone B1 and up to 70-feet within Begins Zone C as required by the Riverside County Airport Land Use Compatibility Plan. 33. A standard avigation easement Building Before and non-suit covenant, in a form Department Construction prescribed and approved by the city Begins attorney, shall be provided by and with reference to present and future owners of onsite parcels where structures are to be located. 34. The project shall be required to Building During fully improve San Luis Rey Drive by Department Construction widening it 13-feet into the City of Palm Springs along the west and shall fully repair and pave the affected street segment with a 68- foot wide travel way containing 4 lanes (2 each way), a center turning lane, and a parking lane on the east side. Noise 35. Construction activities will be Building During limited to the hours of 7:00 a.m. to Department Construction 7:00 p.m. during weekdays and Construction 8:00 a.m.to 5:00 p.m. on Saturdays. Contractor 36. No construction activities shall Building During occur on Sundays or holidays. Department Construction Construction Contractor 37. Construction activities on Building During Saturday shall not entail the use of Department Construction any combustion driven construction Construction H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 46 TIMING OF, DATE OF _ MITIGATION MEASURE, MONITOR : COMPLIANCE COMPLIANCE equipment within 250 feet of any Contractor residence. 38. An 8' high masonry block barrier Planning Before wall between the construction site Department Construction and nearest residences shall be Begins erected as the first construction element to attenuate equipment noise. 39.An operational noise control plan Planning Before Issuance shall be required prior to issuance of Department of Building building permits. Permits 40. Incorporate the following design Planning Before features as suggested in Department, Construction Policy 6.22.1-6.22.13 of the Noise Element: Building Begins, Department, During A minimum of 25 feet landscaping Construction Construction, between commercial center and any Contractor Post Construction adjacent residential uses. ❖ Automobile and truck access located at the maximum practical distance from any adjacent residential uses. ❖ Loading and trash areas located at the maximum practical distance from any adjacent residential uses. All parking areas adjacent to any residential uses be separated by a solid 8' tall decorative block wall and landscaped aesthetically. 41. All parking areas designed to Planning Before minimize noise impacts, including Department, Construction use of materials to mitigate sound transmission. Building Begins, During Department, Construction Construction Contractor 42. Parking lot sweepers and other Planning Post Construction high-noise generating eq10:0uipment are Department prohibited between 0 p.m. and 7:00 a.m. 43. Leaf blowers with noise levels in Planning Post Construction excess of 50 dB are prohibited. Department 44. Delivery of loaded trailers of Planning Post Construction building materials or pickup of loaded Department customer trailers at the rear of stores along the northern periphery of the site shall not occur from 10:00 p.m. to 7:00 a.m. 45. Equipment shall not operate at Planning Post Construction the rear of stores along the northern Department periphery of the site between 10:00 p.m. to 7:00 a.m. if it requires the use of audible back-up alarms, nor shall refuse or recycpables be collected within this quiet period. HAUSERS\PLAW.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 08.doc Resolution No. Page 47 TIMING OF DATE OF MITIGATION.MEASURE MONITOR COMPLIANCE COMPLIANCE, 46. All commercial/retail stores along Planning Before the northern periphery of the site Department Construction shall agree to the hours of operation, and CC&R's shall be recorded with Begins these stores indicating the restrictions. 47. Early-morning (pre-7:00 a.m.) Planning Post Construction pick-up of loaded trailers of building Department materials shall occur from a p loading/staging pad near the southeastern corner of the Home Depot after having been loaded and placed into storage prior to 10:00 p.m. the eveninq before. Fire and Paramedic Services 48. The project applicant shall design Building Prior to the and construct all, water mains, fire Department, issuance of hydrants and on-site circulation in Fire occupancy and accordance with City of Palm Springs Department building permits Fire Department rules and regulations prior to the issuance of occupancy and building permits. 49. Automatic fire sprinklers per City Building Before of Palm Springs Fire Department Department, Construction requirements will be required for all Fire Begins new structures associated with the Department project. This will be verified by the building division. 50. The construction of this project Building Prior to the shall utilize, to the extent feasible, Department, issuance of non-combustible building materials, Fire occupancy and and fire resistant ornamental Department building permits vegetation, subject to Fire Department approval prior to the issuance of occupancy permits. School Facilities 51. The applicant will be required to Building Prior to the pay all state mandated developer Department, issuance of impact fees prior to the issuance of P.S.U.S.D occupancy and occupancy and building permits. No building permits other mitigation is required. Transportation and Traffic 52. To ensure compliance with City City Engineer Before access and design standards, the Construction final building and parking layout and Begins site access design shall be subject to the review and approval of the City Traffic Engineer as part of the development review process. 53. Clear unobstructed sight City Engineer Before distances shall be provided at all Construction KWERMPLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 48 TIMING OF DATE OF MITIGATION MEASURE, MONITOR COMPLIANCE COMPLIANCE unsignalized site driveways on Begins master planned streets. 54. Vehicle storage space in all left- Engineering Before turn bays associated with site access Department Construction points and the adjacent intersections Begins shall be provided to the satisfaction of the City Engineer, to ensure that anticipated queues are accommodated out of through travel lanes. The eastbound left-turn bay on Ramon Road at the eastern site access would require a minimum queue storage length of 100 feet. The eastbound left-turn bay on Ramon Road at San Luis Rey shall be designed to provide a queue storage length of 200 feet. 55. The site design shall provide the Engineering Before facilities necessary to safely integrate Department Construction alternate transportation modes such Begins as bicycles, pedestrian access, and transit operations into the site access and circulation system and minimize the area where vehicle conflicts with bicyclists and pedestrians could _ occur. 56. Ramps meeting Americans with Building Before Disabilities Act Accessibility Department Construction Guidelines shall be provided at all Begins on-site intersections and site _ driveways. 57. To provide clear visibility of Building Before pedestrians approaching on-site Department Construction intersection crosswalks at night, the Begins approaches to and all street corners shall be well illuminated (including the crossing and waiting areas) and signage and other objects shall not obstruct clear views between drivers and pedestrians. 58, The project proponent shall Engineering Before coordinate with the City of Palm Department Construction Springs and the Fire Department Begins during the development review process to ensure the adequacy of the designation of the curb at the building face as a fire lane, to ensure that emergency vehicles have access to all building faces and can HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 49 TIMING OF DATE OF MITIGATION MEASURE. MONITOR COMPLIANCE COMPLIANCE negotiate the internal circulation system relative to emergency access. 59. If Caltrans permits the Engineering Before conventional median opening Department Construction proposed on Gene Autry Trail at the Begins main site access on Gene Autry Trail (as shown in the Proposed Site Access Plan, and Site Access Option B) it shall be signalized with left-turn phasing in conjunction with the construction of the initial development activities at the proposed commercial center. 60. At the construction stage, the Engineering During developer shall provide timing plans Department Construction and interconnect the closely adjoining signalized intersections on Gene Autry Trail between Sunny Dunes Road and Mission Drive to provide adequate coordination. 61. Separate sensing of the Engineering Before driveway's right-turn and left-turn exit Department Construction lanes shall be provided at the main Begins accessway on Gene Autry Trail to ensure that excessive green time will not be required for vehicles leaving the project site (to the detriment of the through traffic flow on Gene Autry Trail). 62. All of the site driveways (except Engineering Before the main site access on Gene Autry Department Construction Trail with Proposed Site Access Begins Plan) shall be controlled by STOP signs facing traffic departing from the site onto the abutting streets. 63. The intersection approach lanes Engineering Before depicted in Figure 4.9-4 and Figure Department Construction 4.9-8 shall be provided at the site Begins access intersections, unless an access option other than the proposed site access plan is approved. 64. In the event that Access Option D Engineering Before is approved, the intersection of Gene Department Construction Autry Trail and the main site access Begins shall provide a single entry lane with a single right-turn only exit lane and HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10-luti 05.doc I Resolution No. Page 50 TIMING:OF DATE OF MITIGATION MEASURE MONITOR.. COMPLIANCE COMPLIANCE be controlled by a STOP sign facing exiting vehicles. 65. If a directional median opening is Engineering Before permitted on Gene Autry Trail by Department Construction Caltrans at the main site access (as Begins provided in Access Option B), it shall be designed and constructed in a manner that will comply with the provisions of the Caltrans Highway Design Manual and physically prevent vehicles from making left- turn movements across Gene Autry Trail out of this driveway. 66. The project proponent shall Engineering Before implement and be required to Department Construction contribute 100 percent of the cost of Begins the following site access improvements in conjunction with the proposed development: Gene Autry Trail at Access A - construct single site entry and exit lane of adequate width to accommodate commercial delivery vehicles, - install a STOP sign to control exiting site traffic; Gene Autry Trail at Access B - construct a conventional (full-turn) opening in the raised median including southbound left-turn lane with adequate storage length, - construct an exclusive westbound right- turn lane, - construct an exclusive westbound left- turn lane, - install an interconnected traffic signal with left-turn phasing and separate sensing of the driveway exit lanes to minimize their green time, - construct a site entry lane; Gene Autry Trail at Access C - construct a westbound right-turn only lane, - install a STOP sign to control exiting site traffic; Access D at Ramon Road HAUSERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 51 TIMING OF DATE OF MITIGATION MEASURE: MONITOR : COMPLIANCE COMPLIANCE - construct a southbound right-turn only exit lane, - install a STOP sign to control exiting site traffic; Access E at Ramon Road construct a directional median opening on Ramon Road including an eastbound left- turn lane with adequate queue storage length, construct an exclusive southbound right- turn lane, install a STOP sign to control exiting site traffic; San Luis Rey Drive at Access F - construct a northbound through lane, - construct a southbound through lane, - construct a continuous two-way left-turn median lane on San Luis Rey Drive, - construct an eastbound shared right/left- turn lane, install a STOP sign to control exiting site traffic; San Luis Rey Drive at Access G construct a northbound through lane, construct a southbound through lane, construct a continuous two-way left-turn median lane on San Luis Rey Drive, construct an eastbound shared right/left- turn lane, install a STOP sign to control exiting site traffic; San Luis Rey Drive at Access H install a STOP sign to control exiting site traffic, construct the service driveway in a manner that discourages right-turn entry and left-turn exit maneuvers, and post signage indicating commercial vehicles are prohibited on Mission Drive and San Luis Rey Drive north of the driveway. 67. The project shall be required to Planning Before install a traffic signal at Gene Autry Department/En Construction Trail and Mission Drive through a gineering Begins development agreement with the Department H.\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 52 TIMING OF DATE OF . MITIGATION MEASURE MONITOR COMPLIANCE COMPLIANCE City, whereby the developer would be entitled to reimbursement of 88.49% of the total cost as the surrounding development occurs. 68. The applicant shall coordinate Engineering Before with SunLine Transit Agency Department Construction regarding relocation of the existing Begins bus stop at the northeast corner of Ramon Road and San Luis Rey Drive and construction of a new bus turn-out, including provision of additional public transit facilities, such as lighted covered transit shelter near the bus turnout on-site, at the northwest corner of Ramon Road and San Luis Rey Drive. 69. The developer shall contribute on Engineering Before a fair-share basis to the cost of Department Construction circulation improvements required in Begins 2006 for the following roadways and/or at key intersections: • Sunrise Way @ Ramon Road - Add a northbound right-turn lane. • Farrell Drive @ Ramon Road - Add a second southbound left-turn lane. San Luis Rey Drive @ Ramon Road Add an exclusive southbound left-turn lane. Crossley Road @ Sunny Dunes Roada - Restripe intersection with exclusive left- turn lanes on all approaches. 70. The developer shall contribute a Engineering Before portion of the cost of required Department Construction improvements to maintain acceptable Begins Levels of Service at the following intersections during the Year 2025: Gene Autry Traila @ Vista Chinoa(Project Share of Traffic Increase=7.00%) - add a northbound left turn lane - add a northbound through lane - add an eastbound left-turn lane - add an eastbound through lane - add a westbound left-turn lane - add a westbound through lane H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No, Page 53 TIMING OF DATE OF _ MITIGATION MEASURE MONITOR .: COMPLIANCE COMPLIANCE Sunrise Way @ Ramon Roadb(Project Share of Traffic Increase=4.29%) - add a northbound right-turn lane - add a second southbound left-turn lane - add a second eastbound left-turn lane - add an eastbound through lane - add a second westbound left-turn lane - add a westbound through lane "Farrell Drive @ Ramon Roadb(Project Share of Traffic Increase = 5.56%) - add a northbound right-turn lane - add a second southbound left-turn lane - add an eastbound through lane - add a westbound through lane "El Cielo Road @ Ramon Roadb(Project Share of Traffic Increase= 9.79%) - add an eastbound through lane - add a westbound right-turn lane 'San Luis Rey Drive @ Ramon Roadb (Project Share of Traffic Increase=17.70%) - add a second northbound left-turn lane - add two southbound left turn lanes= 'Crossley Road @ Ramon Roadb(Project Share of Traffic Increase= 14.00%) - add a northbound right-turn lane - add an eastbound through lane - add a westbound through lane "Landau Blvd. @ Ramon Roadb(Project Share of Traffic Increase= 11.17%) - add a westbound through lane - add a second eastbound left-turn lane 'Cathedral Canyon Drive @ Ramon Roadb (Project Share of Traffic Increase= 11.43%) - add a second northbound left-turn lane - add a second eastbound left-turn lane - add an eastbound right-turn lane - add a second westbound left-turn lane Crossley Road @ Sunny Dunes Roadd (Project Share of Traffic Increase= 6.18%) H.\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 54 TIMING OF DATE OF MITIGATION MEASURE MONITOR . COMPLIANCE. - COMPLIANCE - add a traffic signal - add a northbound left-turn lane - add a southbound left-turn lane - add an eastbound left-turn lane 'Gene Autry Trails @ Mesquite Avenged (Project Share of Traffic Increase= 15.19%) - add a northbound through lane - add a northbound right-turn lane - add a westbound through lane "San Luis Rey Drive @ Mesquite Avenued (Project Share of Traffic Increase= 8.57%) - add a traffic signal "Crossley Road @ Mesquite Avenues(Project Share of Traffic Increase=7.80%) - add a northbound through lane - add a second southbound left-turn lane - add an eastbound right-turn lane - add a westbound right-turn lane a.One leg of this roadway is a CMP facility b.Both legs of this roadway are CMP facihhes c.This improvement is needed in conjunction with site development and is not a CMP roadway or covered by TUMF fees. it.Intersection modifications proposed and required by the Indian Oasis Resort P.D.D. 71. The project shall be required to Engineering Before fully improve San Luis Rey Drive by Department Construction widening it 13-feet into the City of Begins Palm Springs along the west and shall fully repair and pave the affected street segment with a 68- foot wide travel way containing 4 lanes (2 northbound and 2 southbound), a center turning lane, and a parking lane on the east side. 72. The existing traffic signal at the Engineering Before intersection of San Luis Rey Drive Department Construction and Ramon Road shall be relocated Begins and modified to include split-phasing in conjunction with the proposed development. The southbound approach on San Luis Rey Drive at Ramon Road shall be posted to prohibit U-Turns to permit a separate westbound right-turn movement to HAUSERWI-AM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 55 TIMING OF DATE OF MITIGAT.ION.MEASURE. MONITOR _ COMPLIANCE _ COMPLIANCE occur simultaneously with the southbound left-turn movement. A westbound right-turn green arrow shall be provided when the traffic signal is modified, to facilitate the westbound right-turn movement. In addition, the project proponent shall be required to contribute on a fair- share basis to the cost of north/south left-turn signal phasing at the intersection of Ramon Road and Crossley Road. 73. Access to the northern service Engineering Before driveway proposed on San Luis Rey Department Construction Drive shall be restricted to left turn Begins ingress and right turn egress, and an on-site traffic signage program shall be implemented notifying truck drivers entering this driveway that truck traffic is strictly prohibited on Mission Drive and San Luis Rey Drive (north of the site). Truck traffic shall be prohibited on Mission Drive (within Cathedral City) and on San Luis Rey Drive, north of the project site. 74. An entry Engineering Before monumentlnontraversable median Department Construction shall be designed and constructed on Begins San Luis Rey Drive immediately north of Access H (separating opposing traffic lanes) to restrict project-related heavy delivery vehicles by minimizing the travelway on each side of the median. Since large commercial vehicles have a minimum turning radius of 45 feet and offtracking, placing the nontraversable median immediately north of Access H will make it infeasible for heavy trucks to turn north from Access H onto San Luis Rey Drive, or turn right from the southbound lane on San Luis Rey Drive into Access H. The entry monument on San Luis Rey Drive will be designed to narrow the roadbed, but allow residents and emergency, utility, and other large H:\USERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 56 :TIMING OF DATE OF MITIGATION MEASURE ::MONITOR. COMPLIANCE COMPLIANCE. vehicles access to the Dream Homes community. 75. An entry monument for the Engineering Before Dream Homes shall be designed and Department Construction constructed on Mission Drive (east of Begins San Joaquin Drive) to discourage undesirable cut- through traffic by narrowing the travelway, but maintain convenient access to the neighborhood for residents, visitors and emergency services. 76. The existing traffic signal at the Engineering Before intersection of San Luis Rey Drive Department Construction and Ramon Road shall be relocated Begins and modified to include split-phasing. The installation of dual southbound left-turn lanes and a shared southbound through/right-turn lane on San Luis Rey Drive at Ramon Road will be adequate to insure acceptable levels of service with year 2025+project traffic volumes. The curb on the east side of San Luis Rey Drive shall be posted for no parking within 50 feet of Ramon Road. 77.Access Option B or D Engineering Before Improvements (such as curbs, Department Construction gutters and sidewalks) shall be made Begins on Mission Drive, between Gene Autry Trail and the extension of San Joaquin Drive, to facilitate project access, as specified by the City of Palm Springs. 78. The access connection from Engineering Before Mission Drive (opposite San Joaquin Department Construction Drive) to the northwest section of the Begins project site shall be fully improved and constructed as a full-width 40- foot wide public street access with a standard knuckle intersection aligned with the northern service driveway on Gene Autry Trail that can accommodate the commercial vehicles used to make deliveries to the site. This connection shall provide clear direct access for truck traffic from Gene Autry Trail to Mission Drive and into/out of the rear H:\USERS\PLAM5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc Resolution No. Page 57 :TIMING OF ' DATE OF MITIGATION.MEASURE MONITOR ,: COMPLIANCE COMPLIANCE service drive aisle on-site. The alignment shall meet City of Palm Springs requirements and utilize the existing public right-of-way for the extension of San Joaquin Drive, south of Mission Drive. 79. The intersection of San Joaquin Engineering Before Drive and Mission Drive shall be Department Construction controlled by STOP signs facing Begins motorists on San Joaquin Drive, 80.Access Option C or D Engineering Before In the event that Access Option C or Department Construction D is approved, the intersection of Begins Gene Autry Trail and the main site access shall provide a single entry lane with a single right-turn only exit lane and be controlled by a STOP sign facing exiting vehicles. 81.Access Option D Engineering Before If a directional median opening is Department Construction permitted on Gene Autry Trail by Begins Caltrans at the main site access, it shall be designed and constructed in a manner that will comply with the provisions of the Caltrans Highway Design Manual and physically prevent vehicles from making left- turn movements across Gene Autry Trail out of this driveway. HAUSERS\PLAN\5.0984-PD-291 The Springs\Staff Reports\CC\5.0894 PD-291 The Springs-Final Draft CC Resolution-10-10- 05.doc NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0984 PLANNED DEVELOPMENT PD-291 THE SPRINGS COMMERCIAL CENTER NORTHEAST CORNER OF SR 111 AND 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 October 19, 2005. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.0984 PD-291, an application by Geiger, LLC. The proposed project involves a Planned Development to create an approximately 393,000 square foot commercial center on approximately 37 acres of vacant land. The project is located at a former landfill at the northeast corner of SR111 (Gene Autry Trail) and Ramon Road, Zone M-1-P, Section 17. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (State Clearinghouse t#2003121001) pursuant to the California Environmental Quality Act (CEQA), has been prepared for this proposed project. REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at the City Hall between the hours of 8:00 a.m. and :5:00 p.m. Monday through Friday. Please contact the City Clerk's Department at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by letter (for mail or hand delivery)to: James Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 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 Norm Canchola, Department of Planning Services at (760) 323-8245. Si necesita ayuda,con esta Carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323&245. /J mes Thompson, City Cler G� Department of Planning Services v N E Vicinity Map"< .ona•. S z— _ o MISSION DR •PpL � — il \\IIIII b� Hs - z _ - - D y 2 r RAMO J RD y A m o — z z CAMINO PAROCELA a p z Legend C- Sitem 500 Feet SUNNY DUNES RD CITY OF PALM SPRINGS _ DESCRIPTION: CASE NO: 5.0984 PD-291 Application by Geiger, LLC to develop approximately 393,000 sq. ft. of retail/commercial uses on approximately 37 acres APPLICANT: Geiger, LLC located at the northeast corner of Gene Autry Trail and Ramon Road, Zone M-1-P, Section 17. �QALM SA °A. , ` -�' City of Palm Springs V N Office of the City Cleric * ryC�RppgpTEO p'� 3200 E Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760)323-8204 • Pax: (760)322-8332 • Web: www.ci.palm-springs.ca.us C/F°RN AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider Case 5.0984 PD- 291, an application by Geiger, LLC, the proposed project involves a Planned Development to create an approximately 393,000 square foot commercial center on approximately 37 acres of vacant land, on October 19, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 7th day of October, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 13th day of October, 2005. �V ESTHOMPSON ity Clerk_ /kdh H:\USERS\C-CLK\Hearing Notices\Atfidavit-Geiger-TheSpringsCommCtr,doc Post Office Box 2743 • Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0984 PLANNED DEVELOPMENT PD-291 THE SPRINGS COMMERCIAL CENTER NORTHEAST CORNER OF SR 111 AND 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 October 19, 2005. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.0984 PD-291, an application by Geiger, LLC. The proposed project involves a Planned Development to create an approximately 393,000 square foot commercial center on approximately 37 acres of vacant land. The project is located at a former landfill at the northeast corner of SR111 (Gene Autry Trail) and Ramon Road, Zone M-1-P, Section 17. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (State Clearinghouse #2003121001) pursuant to the California Environmental Quality Act (CEQA), has been prepared for this proposed project. REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the City Clerk's Department at (760) 323- 8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by letter (for mail or hand delivery) to.- James Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 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 Norm Canchola, Department of Planning Services at (760) 323-8245. Si necesita ayuda con esta carts, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323- 245. ?mes Thompson, City Cler Department of Planning Services vv.�N E Vicinity Map �5 owH� 9P 4 0 ❑ a MISSION OR G�A 4� tQ y Y G] m m RAMO +IRD L L Z r r_ cn a � A ❑ a _i O CAM1N0 PARQCELA -.1 n � Z 1 r Legend Site m l�500 Feet CD SUNNY DUNES RD � � H � I -14-t CITY OF PALM SPRINGS DESCRIPTION: CASE NO: 5.0984 Pd-291 Application by Geiger, LLC to develop approximately 393,000 sq. ft. of retail/commercial uses on approximately 37 acres APPLICANT: Geiger, LLC located at the northeast corner of Gene Autry Trail and Ramon Road, Zone M-1-P, Section 17. 1;1 it f�'i ; ,t�1,.I'! r;C lr; I . .: '1-i i_ f i.I i; CITY CL.Elr�ll PROOF OF PUBLICATION This is space for county Clerk's Fi ins stamp (2015.5.C.C.P) No. 3801 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0984 PLANNED DEVELOPMENT PD-291 THE SPRINGS COMMERCIAL CENTER STATE OF CALIFORNIA NORTHEAST CORNER OF SR 111 County of Riverside 'AND RAMON ROAD NOTICE IS HEREBY GIVEN that the City Council of the 0 ty of Palm Springs, California,will hold a public hearing at its meeting of October 19,2005 The City Can meeting begins at 6:00 P M. in the Council Chamber at City Hall, 3200 E. Tah- call Canyon Way, Palm Springs. The ppurpose of the hearing is to consider Case 6.0984 PD-291, an application by Geiger, Ill am a citizen of the United Slates and a resident of The proposed project involves a Planned Devel- opment to create an approximately 393,000 the County aforesaid;I am over the age of eighteen aqmv. fruit commercial center on apPproximately 37 acres of vacant land.The project Is located at years,and not a party to or interested in the a former landfill at the northeast corner of SR111 Gene Autry Trail) and Ramon Road,Zone M-1-P, above-entitled matter.I am the principal clerk of a �eohon 17. printer of the,DESERT SUN PUBLISI ING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, °Iv I Ma I P - County or Riverside,and which newspaper has been adjudged a newspaper of general circulation by theit Superior Court of the County of Riverside,State of id California under the date of March 24,1988.Case < Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular -1 - — - and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: October 8£h,2005 -------------- ------------------------------------ ___ ...... ENVIRONMENTAL DETERMINATION:An Emd- ronmental Impact Report State Clearingghouse #2003121001) pursuant tote California Eaviron- mental Qualify Act OEQA), has been prepared for All in the year 20052 this proposed project. REVIEW OF PROJECT INFORMATION:The pro- posed application, site plan and related docu- I certifyor declare under'penalty of perjury that the ments are available for public review at the Cltyy ( I Y P J Y Hall between the hours of 8.00 a.m. and 5:00 foregoing is true and correct. p.m. Mari through Fudayy. Please contact the City Clerk's Department at `760) 323-8204 if you would like to schedule an appointment to review rb these documents. Dated at Palm Springs, altforma this-----8 ,----day / COMMENT ON THIS APPLICATION: Response ✓� to this notice can be made verbally at the Public of-------- --CTOBER- - ------ - ---------2005 Hearing and/or in writing before the hearing.Writ- ER-- g `- - i1� ten comments can be made iv the City Council lf b letter for mail or hand deliver to / Y ( Y) James Thompson, City Clerk City of Palm Springs ------- 3200 E. TahTitz Can on Way Signature �', Palm Spri y sx CA 92263 �. Any challenge of the proposed project In court ma be limited to raising only those issues raised at the public hearing described In this notice, or Cn written correspondence delivered to the City lerk at, ar pnoi, to the ppubllc hearing. (Govern- ment Code Section 65009(b)(2)). t An 0apurtunity will be given at said hear Ing for all l0 � �/r interested persons to be heard Questions regard- !' ing this case may be directed to Norm Cape ola, Depp rument of Planning Services at (760) 32eY 8245. Si necesita ayuda con care carta, porfevor [lame a Is Ciudad de Palm Springs y puede nobler con Nadine Roger telefono (760) 323-8245. James Thompson, City Clerk Published: October 8, 2005 NEIGHBORHOOD COALITION REPS CASE NO. -5.0984 MS APRIL HILDNER MR TIM HOHMEIER THE SPRINGS (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CITY COUNCIL MEETING-10.19.05 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN PLOSS MR STEVEN PERRIN MS SHERYL HAMLIN (BEL DESIERTO NEIGHBORHOOD ) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA) 930 CHIA ROAD 1334 INVIERNO R\DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR JOHN HANSEN MS MALLIKA ALBERT MS DIANE AHLSTROM (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) PO BOX 252 2241 NORTH LEONARD ROAD 475 VALMONTE SUR PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN (TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA) 373 MONTE'VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR PETE MORUZZI VISTA LAS PALMAS HOMEOWNERS MODCOM AND PALM SPRINGS MODERN COMMITTEE 755 WEST CRESCENT DRIVE HISTORIC SITE REP11 'I PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO: 5.0984 VERIFICATION NOTICE I 1 1 PLANNING &ZONING DEPT MRS JOANNE BRUGGEMANS ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I I I I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 REEVES&ASS,OCIATES, INC. MR.JOHN J. CARROLL 625 FAIR pKIKS AVENUE, #190 GEIGER, LLC SOUTH,PASADENA, CA 91030 1888 CENTURY PARK EAST, STE. 450 SPONSORS I I 1 // CENTURY CITY, CA 90067 MR. MILAN L. GARRISON MR KEITH DOWNS STATE OF CALIFORNIA MG RESOLUTIONS EXECUTIVE DIRECTOR WATER QUALITY CONTROL BOARD 595 E. COLORADO BLVD.,#528 AIRPORT LAND USE COMMISSION 73270 FRED WARING DRIVE PASADENA, CA 91101 5555 ARLINGTON AVENUE PALM DESERT, CA 92260 RIVERSIDE, CA 92504 RIVERSIDE COUNTRY FLOOD CONTROL& WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE,CA 92501 Rec#: 1 APN: 677-280-038 Rec/#: 2 APN:677-280-040 CITY OF PAI-M SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263-2743 PALM SPRINGS,CA 92263-2743 Rec#: 3 APN: 677-381-003 Rec#: 4 APN: 677-381-004 JOSE TREJO FERNANDO MONTESDEOCA 31351 SAN ANTONIO DR 31391 SAN ANTONIO DR CATHEDRAL CITY,CA 92234-6092 CATHEDRAL CITY,CA 92234-6092 Rec#: 5 APN: 677-381-005 Rec#: 6 APN:677-381-006 ROSA ACOSTA REDEVELOPMENT AGENCY CITY OF CATHEDRAL CITY PO BOX 20005 68700 AVENIDA LALO GUERRERO OWENSBORO,KY 42304-0005 CATHEDRAL CITY,CA 92234-1208 Rec#: 7 APN: 677-381-007 Rec#: 8 APN: 677-382-003 ANTONIO RECENDEZ DAVID R FRANZ 31350 SAN JOAQUIN DR 31370 SAN ANTONIO DR CATHEDRAL CITY,CA 92234-5064 CATHEDRAL CITY,CA 92234-6034 Rec#: 9 APN: 677-382-004 Rec#: 10 APN:677-382-005 RAUL MENDEZ CATHEDRAL CITY REDEVELOPMENT AGENCY 31390 SAN ANTONIO DR 35325 DATE PALM DR 136 CATHEDRAL CITY,CA 92234-6034 CATHEDRAL CITY,CA 92234-7031 Rec#: 11 APN: 677-382-006 Rec#' 12 APN:677-382-007 CATHEDRAL CITY REDEVELOPMENT AGENCY REDEVLOPMENT AGCY OF CTY&CAT HEDRA 35325 DATE PALM DR 136 63 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-7031 CATHEDRAL CITY,CA 92234-6056 Rec#: 13 APN: 677-382-008 Rec#: 14 APN: 677-382-009 CATHEDRAL CITY REDEVELOPMENT AGENCY MARIO VALDEZ 68700 AVENIDA LALO GUERRERO 67126 MISSION DR CATHEDRAL CITY,CA 92234-1208 CATHEDRAL CITY,CA 92234-6022 Rec#: 15 APN:677-382-010 Rec#: 16 APN: 677-382-011 JOSEFINA MEZA FAUSTINO GARCIA 31150 SAN LUIS REY DR 67150 MISSION DR CATHEDRAL CITY,CA 92234-6088 CATHEDRAL CITY,CA 92234-6022 Rec#: 17 APN: 677-382-012 Rec#: 18 APJai 677-382-013 SYLVESTER PALACIOS LAURENCF DEASON 67160 MISSION DR 37172 SSION DR CATHEDRAL CITY, CA 92234-6022 CA EDRAL CY, CA 92234 Rec#: 19 APN: 677-382-014 Rec#: 20 APN: 677-382-015 WILLIAM R GLOVER ROMAN M ESMINO 42813 OCOTILLO DR 67194 MISSION DR RANCHO MIRAGE,CA 92270-4320 CATHEDRAL CITY,CA 92234-6022 Rec#: 21 APN: 677-382-016 Rec#: 22 APN: 677-382-017 JESUS G BAUTISTA JOSE M FIGUEROA 67206 MISSION DR 67218 MISSION DR ,i CATHEDRAL CITY,CA 92234-6070 CATHEDRAL CITY,CA 92234-6070 Rec#: 23 APN: 677-382-018 Rec#: 24 APN: 677-382-019 OSSIE F SPENCER AGUSTINA&CARLOS E SR SOLORZANO 67234 MISSION DR 31359 SAN LUIS REY DR CATHEDRAL CITY, CA 92234-6070 CATHEDRAL CITY,CA 92234-6089 Rec#: 25 APN: 677-383-001 Rec#: 26 APN: 677-383-002 CATHEDRAL CITY REDEVELOPMENT AGENCY CATHEDRAL CITY REDEVELOPMENT AGENCY PO BOX 5001 PO BOX 5001 CATHEDRAL CITY, CA 92235-5001 CATHEDRAL CITY,CA 92235-5001 Rec#: 27 APN: 677-383-003 Rec#: 28 APN:677-383-004 CORA RIVAS GEORGE C MARTINEZ 67047 MISSION DR 246 N ORANGE GROVE BLVD CATHEDRAL CITY,CA 92234-6021 PASADENA,CA 91103-3536 Rec#: 29 APN: 677-383-005 Rec#: 30 APN: 677-383-006 CORA RIVAS MARCELINO RIVAS 67047 MISSION DR 67047 MISSION DR CATHEDRAL CITY,CA 92234-6021 CATHEDRAL CITY,CA 92234-6021 Rec#: 31 APN: 677-383-007 Rec#: 32 APN: 677-383-008 ROBERT C TREMBLEY BERNIE CARSTENS 67109 MISSION DR 8296 CHAPPELLET PL CATHEDRAL CITY,CA 92234-6019 RANCHO CUCAMONGA,CA 91730-7170 Rec#: 33 APN: 677-383-009 Rec#: 34 APN: 677-383-010 LUPE SANDOBAL VICTORIANO RAMIREZ MENDEZ 67125 MISSION DR 67139 MISSION DR CATHEDRAL.CITY,CA 92234-6019 CATHEDRAL CITY,CA 92234-6019 Rec#: 35 APN:677-383-011 Rec#: 36 APN:677-383-012 GUILLERMO GARCIA ARNEL ESTABAN 67151 MISSION DR 28310 AVENIDA CONDESA CATHEDRAL CITY,CA 92234-6019 CATHEDRAL CITY,CA 92234-3703 Rec#: 37 APN: 677-383-013 Rec#. 38 APN: 677-383-016 ARNEL ESTABAN JULIO C SANCHEZ 28310 AVENIDA CONDESA 67209 MISSION DR CATHEDRAL.CITY,CA 92234-3703 CATHEDRAL CITY,CA 92234-6071 Rec#: 39 APN: 677-383-017 Rec#: 40 APN: 677-383-018 CLEMENTE MORENO LAITH ALSAMIR 67221 MISSION DR PO BOX 4844 CATHEDRAL CITY,CA 92234-6071 PALM SPRINGS,CA 92263-4844 ( 'e) Rec#: 41 APN: 677-383-019 Rec#: 42 APN:677-383.021 EMETERIO VICTORIA GREGORY HOLTA 67197 MISSION OR 26018 BROADMOOR DR 82 CATHEDRAL CITY,CA 92234-6019 PALM SPRINGS,CA 92264-5922 Rec#: 43 APN: 677.391-002 Rec#: 44 APN:677-391-003 SAM STICKLES ALFONSO RODRIGUEZ 40365 TONOPAH RD 31390 SAN LUIS REY DR RANCHO MIRAGE,CA 92270-3448 CATHEDRAL CITY,CA 92234-6049 Rec#: 45 APN: 677-393-001 Rec#: 46 APN:677-393.003 DOROTHY SEGUNDO REDEVELOPMENT AGENCY OF CATHEDRAL CY PO BOX 1302 68700 AVENIDA LALO GUERRERO PALM SPRINGS,CA 92263-1302 CATHEDRAL CITY,CA 92234-1208 Rec#: 47 APN: 677.393.010 Rec'#: 48 APN: 677.393.011 ROSALINA VELASQUEZ ARTURO ORTIZ 67309 LAGUNA CT 67311 LAGUNA CT CATHEDRAL CITY,CA 92234-5004 CATHEDRAL CITY,CA 92234-5004 Rec#; 49 APN: 677.393.012 Rec#: 50 APN:677-394-001 NORBERTO DORADO RAMON ROAD INVESTORS 67313 LAGUNA CT 1675 ROLLINS RD G CATHEDRAL CITY,CA 92234-5004 BURLINGAME,CA 94010-2320 Rec#: 51 APN: 677.420.032 Rec#: 52 APN:677-420-033 REDEVELOPMENT AGENCY CITY OF PALM SPRINGS REDEVELOPMENT AGENCY CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY 3200 E TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262-6050 PALM SPRINGS,CA 92262-6959 Rec#: 53 A :677-420-034 Rec#; 54 APN:677-430.001 ENDURE GOOD HUMOR PROP 9171 SHIRE BLVD 54063 SOUTHERN HLS B ERLY HILLS,CA 90210.5530 LA QUI NTA,CA 92253-4652 Rcc#: 55 APN:677-430-015 Rec#: 56 APN:677-430-016 HORIZON VENTURES INC& HORIZON VENTURES INC& PO BOX 1278 PO BOX 1278 PALM SPRINGS,CA 92263-1278 PALM SPRINGS,CA 92263-1278 Rec#: 57 APN: 677-A30-017 Rec#: 58 : 677-430-031 HORIZON VENTURES INC& BALJEET NGH rl M PO BOX 1278 PO S'qX 2255 PALM SPRINGS,CA 92263.1278 P SPRINGS,CA 92262 Rec#: 59 APN: 677430-032 Rec#: 60 APN:677-430.034 FRANKLYN FREDERICKSEN JOSE LUIS MEDRANO 66735 DESERT VIEW AVE 68285 CORTA RD DESERT HOT SPRINGS, CA 92240-4040 CATHEDRAL CITY,CA 92234-6262 REMEf,CA 925-45=3818T - - POMONA,CA 91767.1738 Rec#: 61 APN:677-430-037 Reck 62 APN' 677.430.038 LOUIS J CHARITON FRANKLYN FREDERICKSEN 2247 E AMADO RD 66735 DESERT VIEW AVE PALM SPRINGS,CA 92262-6511 DESERT HOT SPRINGS,CA 92240-4040 Rec#: 63 APN: 677-430.039 Rec#: 64 AFN:677-430-040 FRANKLYN FREDERICKSEN SAUL H GREENE 66735 DESERT VIEW AVE 1695 STONEHEDGE RD DESERT HOT SPRINGS,CA 92240<t040 PALM SPRINGS,CA 92264-9622 Rcc#, 65 APN 677-431-001 Reek 66 APN' 677-431-002 GREGORY R DORN JOHN H WINTERS 1 LAKEVIEW CIR 68360 HERMOSILLO RD CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY, CA 92234.8609 Rec#: 67 APN: 677-4$1-003 Rec#: 68 APN:677-431-004 MITCHELL J NIEMAN ELVA BARRIOS $LAKEVIEW CIR 31850 SAN LUIS REY DR 4 CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234.6055 Rec#: 69 APN:677-431-005 Rec#: 70 APN: 677-431-000 MICHAEL DYKES JANET E OHMAN 814 W KNOLL DR 126 N DEERFIELD ST WEST HOLLYWOOD.CA 90060-4714 ANAHEIM. CA 92807-2920 Rec#: 71 APN'677-431.007 Rec#' 72 APN:577-431-008 CLAUDIA S BABBITT ROBERT C YOUNGMUN 7 LAKEVIEW CIR 8 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-60% CATHEDRAL CITY,CA 92234-6056 Rec#: 73 APN: 677-431-009 Ree#: 74 APN: 677-431-010 RHONDA K&JOSEPH R MARTINEK RUBYE J BARNES 22569 ENADIA WAY 10451 S FIGUEROA ST WEST HILLS,CA 91307.2350 LOS ANGELES,CA 00003- 453 Rec#. 75 APN: 677-431-011 Rec#: 75 APN'677.431.012 PETROS ACASYAN ERIC L CAMERON 2707 ALTURA AVE 12 LAKEVIEW CIR LA CRESCENTA,CA 91214.3804 CATHEDRAL CITY,CA 92234-8056 Rec#' 77 APN: 677-431-013 Rec#. 78 APN: 677.431-014 LESLIE A FOUMBERG JOHN H WINTERS 23206 PARK ESPERANZA 68360 HERMOSILLO RD CALABASAS,CA 91302.1768 CATHEDRAL CITY,CA 92234.8609 Rec#: 79 APN' 577-431-015 Rec#' 80 APN: 677-431-015 LOUIS L KOELSCH RAMON C ARTEAGA 4400 W FLORIDA AVE 27- 279 E GROVE ST HEMET,CA 92545-3888 POMONA,CA 91767-1738 Rec#: 81 APN: 677-431-017 Rec#: 82 APN: 677-431-018 THOMAS A WOODWARD RUDOLPH E RAMOS 13056 EL MORADO ST 732 S 6TH ST LA MIRADA,CA 90638-3448 MONTEBELLO,CA 90640-5937 Rec#: 83 APN: 677-431-019 Rec#: 84 APN: 677-431-020 STEVE HYATT KEITH W SPAHR 3630 SALERNO DR 2311 W 16TH ST 302 RENO,NV 89509-6606 GREELEY,CO 80634-6056 Rec#: 85 APN: 677-431-021 Rec#: 86 A : 677-431-022 AZAM RAHIIVI EDWIN R MIANUS ('� 31850 SAN LUIS REY DR 21 31850 AN LUIS REY 22 CATHEDRAL CITY,CA 92234-6001 P SPRINGS,CA 92264 Rec#: 87 APN: 677-431-023 Rec#: 88 APN: 677-431-024 TINEKE NORRDIN JANET OHMAN 143 SAINT THOMAS PL 126 N DEERFIELD ST RANCHO MIRAGE, CA 92270-1755 ANAHEIM, CA 92807-2920 Rec#: 89 APN: 677-431-025 Rec#: 90 APN: 677-431-026 JOSEPH LEDENKO CURNOW KATHLYN TRUST 25 LAKEVIEW CIR 26 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6056 Rec#: 91 APN: 677-431-027 Rec#: 92 APN: 677-431-028 ALFONSO MUNOZ ROBERT SEVERINO CAMPOS 8081 FRESE LN 31850 SAN LUIS REY DR 28 LA PALMA,CA 90623-2155 CATHEDRAL CITY,CA 92234-6004 Rec#: 93 APN: 677-431-029 Rec#: 94 APN: 677-431-030 ROBERT E SCHMITZ DOUGLAS H FIRKINS 29 LAKEVIEW CIR 31850 SAN LUIS REY DR 30 CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6004 Rec#: 95 APN: 677-431-031 Rec#: 96 APN: 677-431-032 FRANCES L CHIROS ELLEN C MILLER PO BOX 708 32 LAKEVIEW CIR CYPRESS,CA 90630-0708 CATHEDRAL CITY,CA 92234-6056 Rec#: 97 APN: 677-431-033 Rec#. 98 APN: 677-431-034 HENRY J GREATHOUSE G OTTO HOLTA 33 LAKEVIEW CIR 63 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6056 Rec#: 99 APN: 677-431-035 Rec# 100 APN: 677-431-036 LOUIS J VIGNES ANGELICA SANTANA 50 BELCOURT DR 36 LAKEVIEW CIR NEWPORT BEACH,CA 92660-4213 CATHEDRAL CITY,CA 92234-6056 Rec#: 101 APN:677-431-037 Rec#: 102 APN: 677-431-038 JOSEPH KOCIN WENDY S WANGERIN 37 LAKEVIEW CIR 38 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6056 Rec#: 103 APN:677-431-039 Rec#: 104 APN: 677-431-040 LARRY K TODD BENNETT F PONZIO PO BOX 96 532 N ARDEN BLVD PATEROS,WA 98846-0096 LOS ANGELES,CA 90004-1209 Rec#: 105 APN:677-431-041 Rec#: 106 APN: 677-431-042 JOSEPH MERRITT EDWARDS ALFONSO MUNOZ 1449 JAHN DR 8081 FRESE LN SANTA ROSA, CA 95401-3902 LA PALMA,CA 90623-2155 Rec#: 107 APN: 677-431-043 Rec#: 108 APN: 677-431-044 THOMAS J PRIEST MILLICENT G PUGLIESE 43 LAKEVIEW CIR 1515 JEFFERSON DAVIS HWY 610 CATHEDRAL CITY,CA 92234-6056 ARLINGTON,VA 22202-3309 Rec#: 109 APN: 677-431-045 Rec#: 110 N: 677-431-046 GEOFFREY A KOVACEVICH RAMON AD INVESTORS 3125 E ESCOBA DR 172 1729 PALM CANYON DR PALM SPRINGS,CA 92264-5551 P M SPRINGS,CA 92262 Rec#: 111 APN: 677-431-047 Rec#: 112 APN:677-432-001 RAMON ROAD INVESTORS SUSAN A JIMENEZ 1645 ROLLINS RD G 46 LAKEVIEW CIR BURLINGAME,CA 94010-2301 CATHEDRAL CITY,CA 92234-6056 - Rec#: 113 APN: 677-432-002 Rec# 114 : 677-432-003 ROBERT J BERGSTROM LANNY S ESSIN 5410 QUARKERTOWN AVE 102 PO B 2357 WOODLAND HILLS,CA 91364 C LAN,WA 98816-2357 Rec#: 115 APN:677-432-004 Rec#: 116 APN: 677-432-005 MARCELO N VILLARREAL DOMINIC A OTTER 16102 CITRUSTREE RD PO BOX 1153 W HITTIER,CA 90603-2872 LYNN W OOD,WA 98046-1153 Rec#: 117 APN: 677-432-006 Rec#: 118 APN: 677-432-007 GWEN&TONY F OUTEN RALPH RIOS 51 LAKEVIEW CIR 52 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6056 Rec#: 119 APN:677-432-008 Rec#: 120 APN: 677-432-009 DENNIS F OTTER JOHN J WILLIAMS 53 LAKEVIEW CIR PO BOX 35 CATHEDRAL CITY,CA 92234-6056 SEABECK,WA 98380-0035 Rec#: 121 AP . 677-432-010 Rec#: 122 APN:677-432-011 LANNY S B SIN HENRIETTA MORENO PO BO 957 56 LAKEVIEW CIR CHE N,WA 98816-2357 CATHEDRAL CITY,CA 92234-6056 Rec#: 123 APN: 677-432-012i Rec#: 124 APN:677-432-013 JUDY ISAACSON DENNIS F OTTER !i 57 LAKEVIEW CIR 31850 SAN LUIS REY DR 53 CATHEDRAL-CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6007 Rec#: 125 APN: 677-432-014 Rec#: 126 APN:677-432-015 ROCKY A BIJZZINI DAVID P VOLLMER 31850 SAN LUIS REY DR 59 31850 SAN LUIS REY DR 60 CATHEDRAL_CITY,CA 92234-6007 CATHEDRAL CITY,CA 92234-6009 Rec#: 127 APN: 677-432-016 Rec#: 128 APN: 677-432-017 LUIS REY SAN PATRICIA MORLET 68125 VERANO RD 62 LAKEVIEW CIR CATHEDRAL_CITY,CA 92234-5227 CATHEDRAL CITY,CA 92234-6056 Rec#: 129 APN: 677-432-018 Rec#: 130 APN:677-432-019 G OTTO HOLTA IVAN R HARLE 3402 OREGON DR 323 KING PL ANCHORAGE,AK 99517-2045 FULLERTON,CA 92833-2635 Rec#: 131 APN: 677-432-020 Rec#: 132 APN:677-432-021 JOHN L JENSEN IRIS A RUIZ 65 LAKEVIEW CIR 18712 FONTHILL AVE CATHEDRAL CITY,CA 92234-6056 TORRANCE,CA 90504-5720 Rec#: 133 APN: 677-432-022 Rec#: 134 APN: 677-432-023 RANDY CHA,VEZ PATRICIA A GOFFNEY 67 LAKEVIEW CIR 68 LAKEVIEW CIR CATHEDRAL CITY,CA 92234-6056 CATHEDRAL CITY,CA 92234-6056 Rec#: 135 APN: 677-432-024 Rec#: 136 APN: 677-432-025 KEVIN J ONEILL SANDBERG JOEL&J 2005 TRUST 69 LAKEVIEW CIR 2232 MAYWIND WAY CATHEDRAL CITY,CA 92234-6056 HACIENDA HEIGHTS,CA 91745-5517 Rec#: 137 APN: 677-432-026 Rec#: 138 APN: 677-432-027 FERNANDO ABADILLA DIANE&HAROLD HATCH 14720 SILVER SPUR CT 72 LAKEVIEW CIR CHINO HILLS, CA 91709-4754 CATHEDRAL CITY,CA 92234-6056 Rec#: 139 APN: 677-432-028 Rec#: 140 APN:677-432-029 DOMINIC OTTER G OTTO HOLTA PO BOX 1153 3402 OREGON DR LYNNWOOD,WA 98046-1153 ANCHORAGE,AK 99517-2045 Rec#: 141 APN: 677-432-030 Rec#: 142 APN:677-432-031 SHARON DEUBER LINDA K&LANNY S BLESSIN 75 LAKEVIEW CIR 128 WEBSTER AVE 8 CATHEDRAL.CITY,CA 92234-6056 CHELAN,WA 98816-9684 Rec#: 143 APN:677-432-032 Rec#: 144 APN: 677-432-033 RAMONA ZERMENO LLOYD SCOTT CLARK 8435 ELBURG ST 1925 E HAYDEN LN 112 PARAMOUNT,CA 90723-2740 TEMPE,AZ 85281-4477 Rec#: 145 APN: 677-432-034 Rec#: 146 APN:677-432-035 GREGORY L YOUNGMUN MILENA CERNILE 8145 SKYHILLS DR 80 LAKEVIEW CIR ANCHORAGE,AK 99502-3992 CATHEDRAL CITY,CA 92234-6056 Rec#: 147 APN: 677-432-036 Rec#: 148 APN: 677-432-037 OPAL POLLINGER BLACKBURN MICHAEL LEE 20218 JERSEY AVE 82 LAKEVIEW CIR LAKEWOOD,CA 90715-1050 CATHEDRAL CITY,CA 92234-6056 Rec#: 149 APN:677-432-038 Rec#: 150 APN: 677-432-039 JEFFREY SCHRAMER RICHARD GARRY 6532 CORRINE CIR 1647 SUNSET LN HUNTINGTON BEACH,CA 92647-4309 FULLERTON,CA 92833-1730 Rec#: 151 APN: 677-432-040 Rec#: 152 APN: 677-432-041 HSIAO H ROUBISON GRAFFIUS MICHAEL W&J E TRUST 73 GARRISON LOOP 2741 CARLMONT PL LADERA RANCH,CA 92694-0604 SIMI VALLEY, CA 93065-1421 Rec#: 153 APN: 677-432-042 Rec#: 154 APN:677-432-043 ROBERT LKEYS JOSEPH DAGATHA 87 LAKEVIEW CIR 215 E MAGNA VISTA AVE CATHEDRAL CITY,CA 92234-6056 ARCADIA,CA 91006-4249 Rec#: 155 APN: 677-432-044 Rec#: 156 APN: 677-432-045 NICK ZONNI DIANA L SCHULTE 13537 LA SIERRA DR 1331 MEDFRA ST A CHINO HILLS,CA 91709-1335 ANCHORAGE,AK 99501 Rec#: 157 APN. 677-432-046 Rec#: 158 APN. 677-432-047 KALINICH AGNES J TRUST DEBBIE STEVENS 91 LAKEVIEW CIR 27175 OCEAN DUNES ST CATHEDRAL CITY,CA 92234-6056 MORENO VALLEY, CA 92555-4914 Rec#: 159 APN: 677-432-048 Rec#: 160 APN:677-432-049 JOHN R COLTS ONORIO ZAVALA 1101 RAMONAAVE 6201 RIVIERA CIR CORONA,CA 92879-2126 LONG BEACH,CA 90815-4759 Rec#: 161 APN: 677-432-050 Rec#: 162 APN: 677-432-051 AMANDA K NAIMY BELTAINE C KOZLOWSKI 95 LAKEVIEW CIR 4620 EMERALD CIR CATHEDRAL CITY,CA 92234-6056 ANCHORAGE,AK 99502-5120 Rec#: 163 APN: 677-432-052 Rec#: 164 APN: 677-432-053 WILLIAM INGRIM G OTTO HOLTA 3205 WILEY POST LOOP 3402 OREGON DR ANCHORAGE,AK 99517-2322 ANCHORAGE,AK 99517-2045 Rec#: 165 APN:677-432-054 Rec#: 166 APN: 677-432-055 LAURA CERCONE MICHAEL GENOVA 210 CALLE CORTEZ 100 LAKEVIEW CIR SAN CLEMENTE,CA 92672-2238 CATHEDRAL CITY,CA 92234-6058 Rec#: 167 APN:677-432-056 Rec#: 168 APN: 677-432-057 BELTAINE C KOZLOWSKI JOSEPHINE&KENNETH D RODRIGUEZ 4620 EMERALD CIR 102 LAKEVIEW CIR ANCHORAGE,AK 99502-5120 CATHEDRAL CITY,CA 92234-6058 Rec#: 169 APN: 677-432-058 Rec#: 170 APN: 677-432-059 MICHAEL DAGATA RAMONA ZERMENO 2860 TEAL ST 8435 ELBURG ST LA VERNE, CA 91750-5931 PARAMOUNT,CA 90723-2740 Rec#: 171 APN: 677-432-060 Rec#: 172 APN: 677-432-061 BENJAMIN K FITZPATRICK BRYAN BISBAS 105 LAKEVIEW CIR 67380 RAMON RD CATHEDRAL CITY,CA 92234-6058 CATHEDRAL CITY,CA 92234-3303 Rec#: 173 'APN:677-432-062 Rec#. 174 APN:677-432-063 ELI KH I JIM B MALLORY 107 AKEVIEW CIR Y� , 4058 HIGH SUMMIT DR LM SPRINGS,CA 92262-6737 DALLAS,TX 75244-6624 Rec#: 175 APN: 677-432-064 Rec#: 170 APN:677-432-065 DIANNE H KIINNEY IRENE A LAI 13507 JULIAN AVE 1435 W SAN JOSE AVE CHINO,CA 91710-7351 FRESNO,CA 93711-3040 Rec# 177 APN: 680-101-003 Rec#: 178 APN: 680-101-023 MICHAEL S HOFFMAN MICHAEL S HOFFMAN 650 3 EUGENE RD 650 S EUGENE RD PALM SPRINGS,CA 92264-1514 PALM SPRINGS, CA 92264-1514 Rec#: 179 APN: 680-101-029 Rec#: 180 APN: 680-101-030 MICHAEL S HOFFMAN MICHAEL S HOFFMAN 650 S EUGENE RD - 650 S EUGENE RD PALM SPRINGS,CA 92264-1514 PALM SPRINGS, CA 92264-1514 Rec#: 181 APN: 680-170-025 Rec#: 182 APN: 680-170-026 DESTINATION RAMON LLC DESTINATION RAMON LLC 1800 VALLEY VIEW LN 300 1800 VALLEY VIEW LN 300 DALLAS,TX 75234-8945 DALLAS,TX 75234-8945 Rec#: 183 APN: 680-170-044 Rec#: 184 APN: 680-170-046 USA 680 USA BIA WASHINGTON,DC 21401 Rec#: 185 APN: 680-170-047 USA BIA ,yALMSA A. ` -�' City f Palm Springs h � c Y o am U � N Office of the City Cleric a 3 3200 E.Tah on WayPalm Springs, California 92262 Y C RPefllTEO 9 * 9uirz Canyon � O � Tel: (760) 323-8204 • Fax:(760)322-8332 • Web:www.d.palm-springs.ca.us<F O R� P October 7, 2005 Ms. Claudia Salgado Bureau of Indian Affairs 901 E. Tahquitz Canyon Way Palm Springs, CA 92262 (Dear Ms. Salgado: RE: City Council Meeting —October 19, 2005 Case 5.0984— Springs Commercial Center The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced subject on October 19, 2005, Attached are three copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location. The parcels of Indian owned land within the 400 ft. radius of the project are listed below: 680-170-44 680-170-047 680-170-046 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, 1hn"�-V Kathie Hart, CIVIC Chief Deputy City Clerk )'kdh H\USERS\C-CLMHeanng NohcesTublm Heanng Notices to BIA-Spnngs Como Cttl Attachment: Public Hearing Notice (3 copies) Post Office Box 2743 0 Palm Springs, California 92263-2743 I r.' r Yj e 'k I a I 4ya� r �"yrTM UU I II ly I; IF IN 17 AL It I i i I' (��yl r ag e �II I =2%. �� TREEB /' UFF �\ r �� z��..F -j O Alb JUlbnssnlM mosa - - 1 — —�' � / Ce•c.ticm Cesert`Ac,�.-i/Bo,V��a _ _ Odb shears Bi Dmnrio...rcwuow a e — as ono,or woap ,�,nqn - oa -� �� �_ —� ehnnxaaprvr rareloater.lm ThO Home Oepot ) ppsop s_elbal South Amangan Mesqu le C al v}oo ec aeyse sp _ �ceMFR V NNOeE ve T� b ,.. Oman % PmsoPsvelutna/Vet IM 9 (e �c Rhu nos - ste .LAfncaR6 ws. Washnplona fhler./Clfoma Fan Palm BWHRUBS/CRCUNDCCVERS " Acacle pentlulal WaepinB Acaca n �JJ Z rO SJ CID � CZ)t IA,-.Vmorin anal Octopus Agave { -� Cmae amemsotlee l Feathery Caasa /r-^.'� C �� -�?�� Caleaplen amflam I RedIndigo 4 t� /�� `iJ I ��1- �]v 1.9} (t� i% Chun gregl p ITOoml Red Yucca "�P � @ (5�5 (F C- ) 0. L.con.Newgold/New Gold Lenten. LeucophyllumfRain Cloud' oud'I NB Cloud/Texas Ranger VVV /Ly" Leucophyllum RansI C ont NBC �`� Fonqulena splendensl Ocol llo (`J \� b —Ruellaralfernaelo CN�j SmmoadsacM1nensslJoloba (' C �# f 1v' "" ao oa ee lI8 dill l I � seN& " a .,'a% `; �.?= LPlanl n9 Area(TYP) W 1rFeat ra - i - �Cabble wllh fi"Concrete CUNbetween L Boulde-(Typ) Cobble and Plmmmc Areas(Typ) RAMON ROAD "` - - �A PALM SPRINGS CA. &RAMON ROAD SHEET2 Of 15 _ ,••,,,T,", EXCEL PROPERTY MANAGEMENT SERVICES INC. 91]1th-mrs...PEMHOJuh zZ. "" - EXI TIN R SIDITIA1 I ,a�. Property Informatlon f ;z-~--�^ �N�P.' Sireel Adtlress NEC of Gene AIAry Tratl & __1 -_ A. _ Haman Bostl ���A — _._- Total flelall 511e Area x\fi2fi,457 sl IF 3734 Aaesl - I, - -- - _ - .._�---_-_ I �/�m�-�-----�- --- Tolal Bulldln9 Area 378,1-a sl (B69 ALras) (2325rh L - Total Building Area 39300E al G(902 Acres) 12e16% ✓53 1 9: wwv IllUC.GEr➢450.14.9G stEtenw , r//ro�� ➢�lipr"" _ rrrr �« i - LOT COVERAGE Square Feel Percenle2e O %r� -.- � " "` Building Area 38144s1 23$0 1_ rn a oP+ „�. _-� - Buldmg Area 393p00 s1 2416% v Parking Area 219,38569i 516% sF OF FssFo:. 1 -� . v I / ._._...-,-�.r�,. ApucES[lnlmmad. DA,BUD Ano sPACES -PROVIDED PAN SPACES M&A SARILP. PARKING PR DED ` .y r I r - / L ai ACCS _ SS SPACES OF BE 7 m .� WJ�PCAP sP FJOF BE:IR I j/ TOTAL PNWNG PPOVIDED= USE SPACES qpI YAL6WAE e0.M11 f rL 6EP[flr Hug CA S02T j PAINNGFGUNDING MUD 4.slIGW OR 247U?M Z �1 A x -- -r - LIP!uph L�IdON wO NPs P[d suOla pw'seaR, S C Wu ci lgro5 m9 dmwaJ PehGvnll ryo'+0^Pl olcrPNc and 011^elc I o LANDSCAPE_REQUIREMENTS PARKING REQUIRED MAJ'IA IR,194 SQ Fi 1119 - 411 SPACES p o o d J.I 1¢9/ LANDSCAPE SETBACKS GAmy CR1rzN am n IF AS ON SEEATF � - � O��� SELECT 25 519E 25' READ- MAJOR 36290 SO IT 1250 = 115 SPACES 115 I COD ° o ° UP ° o �D 1 -: REOUTAED LANDSCAPE MAJOR 0 25,O N Sa FT J250 191 SPACES A 4 LF 5 ALONG BUILDINGS MD MALLS MAJOR E 2530 Sa FT 1250 101 SPACES 1 o o 41 I OILfi NO PLANTERS EVERY 10 SPACES N9JOR F I110 50 FT 725E = 40 SPACES - RN �---- -- - _ ° ,os F ARN WEE OR SPADE REQUIREMENT MAJDRa NBC SO FT1250 - 40SPACES � o 0 01 OR PARKING AREA MAJOR IT19g Sa FT 1250 = 72 SPACES � a= ° ° o o -' ? MAJOR 1 I8080 SO Fi I25D = 72 SPACES ° -o o ° o b .Q FENCES AN SCREEN NALL9 PEODIRE9 MAJOR J 14J39 SO FT 1250 = 59 PLACES Q I„G T .Z FT I AT RESIDENTIAL p FOOD 1 3220 SO al= 13 SPACES H o o c10 PARKING 0 0 o AA PG REQUIREMENTS FDDD 2 4,600 SO Fi/259= 19 SPACES E C� `P PARKING STALL SIZE FOOD 3 606E SO ET 1250- us SPACES -A-p o P� - 6ff PARKING DETAIL FOR END SPADE FOOD 4 Pi SO Fi 1250= 39 SPACES _ ;a Q o c1 s �° � 4� L- I SPACE PER 250 SO FT AETAILi 12W95Q FT ItiO 595PACES $ �� BUMPER OVERFLOW ALLOYED 2'A RETAIL SOW SO FT ISO) 24 SPACES -5 o 1 ri b °° )� -�- DRM AISLE WIOiN FOR 90 SPACES 26' TRIAL 3 I11W 50 FT 1250 47 SPACES x p_ �� _ REQUIRED DEDICATIONS RETAIL iERM ED FT 125E 47SPACES I - r TO BE DETERMINED TOTAL BUILDING TOTAL PARKING AREA 27, Fx I - i S °'I° I su:mincs AREACPC�n� BEDuwEo Nevlsons - j KID i _ FUTUREREAC REACTION PARKING E FAN - s.�C BRETAIL UILDINGS AREA SO FT P�HFI D 60 INCLOPING SAAoe MOSEER REQUIRED _ _ _ AFTER ESPu'S10N 1512 I x'id I -vemr_.m _AC- J�-� 393,W0 SO Fi se r a _ RAMON ROAD � ' - ` 1NI5 AN TE IS FCONCEPTUALACCURACY ITV NATURE aNJ NO EXISTING RETAIL,CENTER 'PLEA6E N0iE IDit OF BIKE PAIN ALONG Schematic GUARANTEE of ns nauRAcr IS IMPLIED MlLO Ao TBB Site Plan PLO'noTF IN PAAWIrc CAN BE LOST Euwrc . - - - ENPAHPIeu A m F2 A P I NO -Ur SECTION A-A (ENTRY) s C H H C 0 ING AREO p"Nomi z w 11 I.EPENSE,RENFLASPAIDE"DA,... .All E IN"LLE ARE NOT IF FURPRELOTATHE FOLITNIVING s r > I APPROVED AND RECORDED REGNEENALOCCUTANCK 3 21 P—OF— I =M y i AND PROVIDED FOR ILNlTF. ElGRPDEll A DELTAIC. o Ills, SIGN PROGGIREWHILLBEGULIANCTECTOTHE 0111RHEY. AND APPROVAL PR C�IOR TO FINAL OCCUPANCY S S S-CTIOM D-D TRAINSFORVE�, AR�A L S 3]THEwATERFE�REAN.T.ELIIIIR0lURIATTHE RD -< SECTION E-B TRASI,. ERC IMBM6�� AHETO REPRESENNTHE THYS PUBLIC ANTRI"U'RE 11 as DETAILED PICIAGRIALWILLAS PROVIDED FOR RRCEAWANO SO SO APPROVAL PHONED FINAL OFTHIPPERCY DE :R IWILLRE OBTAINED FOR'SAIEPARATTLANO USE PRENR AECRALFUTD(LDN DISPLAY AND MERCHANDISE SALE F.EH.fRP.ElGl 51 A DETAILED SHE AMENITIES PLAN SLOWING THE EXACT LOCATION GILL BE PROVIDED TO THE CITY FOR REVIEW AND APPROVAL PRIONED FINAL OCCUPANCY NOCC ME --C... all PC--........C-. Gb CONCEITUIAL LANDSCAPE PLOP: IN SHEET 4 of 75 SOUTH ELEVAT:]OW RETnar ,.,,�oaE n, 11 nwacflo wJORc I `--- - MNORC M r< I M.11ORE RETaL1 s V . i -•_,%x��j r n I ��'f f'Q f'rw 1 7 I/�7-� yY'di _ __- - - - WEST ELEGATOON EAST GLEY✓b.T00L9 > MwJORc L I ! I � i ! i ! III � ! �III ! h ........... -_ - � a [ FINE1 N.E.C.GENEAUTRY &RAMONROAO PALM SPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. ^ 91>I WILSXIflEBLVO PEMXOIJSE � v""' .rii ter. V Bio x�Ri onoalLL5.Cfi9031Y o'�. 'e 'Iv^ ^-P Mq-vm MAJOR H MAJOR 1 > T MAJOR J - -----•4_--�- L--'J TqI WEST ELEVATIONS _1 1- - -- > - ' MAJOR J 1111 _ MAJOR I MAJOR H EAST ELEVATIONS NORTH ELEVATION MAJOR H SOUTH ELEVATION MAJOR] SOUTH ELEVATION MAJORJ N.E.C.GENE AUTRY &RAMON ROAD PALM SPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. ;^^ -' 9l]1WILSHIflE t WOPENTHO11EE ie�r ' •� fl�aRLY HILLS�G190310 `S Fla "fie'23i�iY1e3�'Sdm'-`kR�ilt2 kF #s S. R#Y>Ef Y se_- _ 1F r� FOOD FOOD 4 NORTH ELEVATBOG7 Vv'ESTELEVAThO1-. SOUTH ELEVATICN EooD. EAST ELEVAMOvi v� 1 I Vs, I'�V�' — a ` NORTH ELEVAMON VVEST IELEVA70N FOOD SOLDTH ELLVA4.=SH EAST ELE'VAuVON EODD3 -------v I ' ' 11 I --' _7� SST E�FVATYOVd FOOD2 Vd=ST ELEV.AMM FOOD2 N10RTI21 ELEVAaION FOOD2 SOUT ELEVATION FOOD2 I I I J I N.E.C.GENEAUTRY &RAMONROAD PALM SPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. _�a 9171 wl6HFNE BLVD PENTHOUSE nEmo HILES.CA 90210 M1 3 4 aETPI4 i mPJoaG - -R�AIL] � nMJORF 0I''ESY ELSMAuEON9 EAST ELEVAiOi � GR GaF _ „ RETA,L] CAST ELEVATION WEST LELrVA7OM M.0 '' 1 u 1 p l —y^1 M1,AIOaG xETAi�a , MAJORF � xETaL] —� NORTH ELEVATION; SOUTH ELEVATON H RTH ELE'VATpOEL' SOLLY50-0 ELEVATION N.E.C.GENE AUTRY &RAMON ROAD ' PALMSPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. ='_ a Lsxme eLw aexTxovse , ' -'-• - • . �i J/L i ryl L I� .` - L•- vHF N.E.C.GENEAUTRY &RAMONROAO PALM SPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. LSHIRE9LVOPEMHOUSE .RLY HILLS,CP90310 ^µ v^ N.E.C.GENE AUTRY &RAMON ROAD PALM SPRINGS,CA. Kl- EXCEL PROPERTY MANAGEMENT SERVICES INC. I - — -- A3k1 SIN'f I 13 p G ve fl. ;n Il "�� i p KEY PLAN NOTE ALL ROOF EOUIPMENT TO BE SCREENED BY PARAPETS AT LEVEL VIEW N.E.C.GENE AUTRY &RAMON ROAD PALM SPFRNGS,C SHEET Of 75 ®_a.....a.._,. EXCEL PROPERTY MANAGEMENT SERVICES INC. 9f]1 UWHIFE CLVO PENTHOUSE HOUSE rt � ueniury 9 EVEHL4 HILL%CAPP],a , Bike Rack Tree Grates Litter Receptacles ������` W'111 Benches Tables and Chairs Wow" Emm— 9N.E.C.GENE AUTRY &RAMON ROAD PALM SPRINGS,CA. EXCEL PROPERTY MANAGEMENT SERVICES INC. 1..WHHImj m� m... � �0.11 Uqo2,D } Wall Liqhtinq 1 - I , J - Pedestrian Pole Liqhtinq/ Bollards N.E.C.GENE AUTRY &RAMON ROAD ""'•"" PALM SPRINGS,CA. EXCEL PROPERTYMANAGEMENT SERVICES INC. '^ cm �.e_.. X WILSHIRE A ME " BEVEn oYooILL5CA90E10 I uw�mwrw-✓� � P»s au N� csn. SECTION @ BUILDING FOOD 4 SECTION @/BUILDING MAJOR C SECTION @ BUILDING RETAIL 3 Sections TRELLIS PLAN I* I r au TRELLIS ELEVATION `"°"--- TYPICAL DELIVERY AREA GATES Architectural Details THE 5pao � � � 11 N.E.C.GENE AUTRY &RAMON ROAD PALM SPRINGS,CA. - EXCEL PROPERTY MANAGEMENT SERVICES INC. BIVIL LVO PENTHOUSE FIERog U"L`,HILLE�CA90310 Q MIMT c,It,I Il !t t 11 R - - r - _ _ J I}I -1 1• - -_ - _ r _. JL, 1. - _ _ _ - `�f1c1 I Ic p �- l �I��- �=I zl ! - g11V1+mow D N 1 8 d S 3 H 1 1 . . 1 1 f�'� fr- '� s L f r ��� s��y �'a+�I r`<.[•a lyl � ✓ �r tl� o �rC >Ys ✓y r r �P a� r x��t» �? f.2 � R,,S �:'x f J��gx±'C`'y,•hl"'. iilr-IP [fT�l,�,ut �+ss {t'rf '� a u� ,�Is alr"i r +�l� a�ta� - �y,/_ it i- `fi'{a's'�F`�l �°�s •Sd-�{' �a'�, �'� a u }_ -� 5J i/k ynlft-tk ,�r�f �tf 5`,� ✓ r'T!k r�'�; fl. 1 - • _fC' L ire ..c. `4' Mt'"� J �iyl' F ar ' r .'7=rYf'I{Iv . 'TF'C ./ r�tU,# -r: _ _ 1. F•. . .�. . � F�_ - •11 � 1 �i/LF-IM7�111� .w.lrly'Yf•IKu1FY:yMI: nuy.ml.rgE �� - I.Ltq' �` �"no(6`Lyg•1.roylClt � - -" - a , JYL`IIIiY11LlCFUU` `I"rI/ICCI�II - "-- _ , *r 1�GOy M 'T'j, S'IIfJ�NUAI'f1111�1 � _. t'1 JNIi1y . 1•r�Ini7.IP�CFHGLI4`IIII@G��� �., - •�.'� 1 ELt � =I � I �- xm��Ut9hY11iAGpID`IOIIdFI@kE y3 3 X 1 .Y-4r-!':'lylllllllllll.� - • �• 1'IIIIIIIIIIh� 4 °4 pALM SAQ City of Palm Springs e Department of Planning Services 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 °^•^ Tel: (760) 323-8245 Fax: (760) 322-8360 "F°" MEMORANDUM Date: October 19, 2005 To: Mayor and City Council via City Manager cc: City Clerk From: Director of Planning Services, Subject: Case 5.0984 PD-291 —The Springs Commercial Center—Additional Conditions of Approval The following are Conditions of Approval staff recommends be revised or added based upon recent discussions with the applicant(see Attachment 1). REVISED CONDITIONS OF APPROVAL Condition #10: Seasonal Garden Area: A Land Use Permit is required for all outdoor special events. A maximum of six special events, each lasting no more than two weeks in duration, may be held per year. These special events include, but are not limited to, tree sales, car washes, plant sales, furniture sales, and other unspecified outdoor events on site. Special events for Halloween and Christmas may be permitted for extended time periods, subject to the approval of a Land Use Permit by the City. In addition, any outdoor future food use shall be subject to the approval of a Land Use Permit by the City. Condition #15: Cart theft system: Prior to issuance of the first certificate of occupancy, the applicant shall install and operate an electronic shopping cart theft system to prevent shopping carts from being removed from the property to the satisfaction of the Director of Planning Services. The ongoing maintenance and operation of the electronic shopping cart theft system shall be provided for in the CC&Rs for the site. This requirement shall only apply to shopping carts but not lumber carts. Condition#17: Prior to issuance of the first certificate of occupancy, the roof and all equipment on the roof shall be a consistent earth tone color to be approved by the Director of Planning Services. Condition #43: If the intent is to use CBC section 505.2 to justify the size of buildings, and ultimately to subdivide the property, the 60 foot yard required by that section will not be permitted to extend over a real property line (as opposed to an assumed property line). Page 1 U NEW CONDITIONS OF APPROVAL Under`Project Operations", staff recommends that the following conditions of approval be added as clarification items related to the operation of the Home Depot: ,ADD Condition #16: Home Depot shall be permitted to use ten parking spaces year round, as designated on the approved site plan (north of the loading dock), for a Trailer Display/Sales Area and an area to store and rent large equipment such as concrete mixers, scaffoldings,and rototillers. 'The equipment shall be placed so that the 26-foot wide parking lot driveway shall be kept clear at all times. ADD Condition #17: Outdoor display of merchandise at Home Depot shall be limited to only the designated outdoor display areas and outdoor garden center display area, as shown on the approved site plan. Home Depot shall be permitted to leave the outdoor display items in the designated areas overnight. The use of all other areas for outdoor display of merchandise shall be prohibited. ADD Condition#18: Home Depot shall be permitted to install vending machines and pay phones in the outdoor display areas and vestibules in front of the store, as shown on the approved site plan. Attachments: 11. Letter requesting modifications to Conditions of Approval from MG Resolutions on behalf of property owner dated October 14, 2005 2. Legislative Draft of Conditions of Approval Page 2 MCI�CIresolutions October 14, 2005 rr� Plonnn�fl Radeu rfrpnrv¢i,nnufLny Mr. Lance Schulte,AICP, Principal Planner(Contract) City of Palm Springs Department of Planning Services 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: Case 5.0984 PD-291 (The Springs Commercial Center) Subject: Clarifications and Suggested Revisions to the Draft CC Resolution Dear Mr. Schulte: The property owner in conjunction with representatives of Home Depot have reviewed the City Council draft resolution of approval including the proposed conditions of approval as enumerated in Exhibit A dated October 19, 2005. However, in order to ensure an adequately viable project now and in the future we request clarification on several of the recommended conditions. Additionally, we offer several minor modifications to conditions which will assist in Home Depot's ability to operate their store in a manner consistent with their success. The following are concerns that Home Depot has requested clarification or modification: No. Concern Request 7Squal Garden Area: Limits the 7,000 foot Seasonal Garden Area forAllow Home Depot 45 days for the time special events to a maximum of sixer year each lasting no longer than period from Thanksgiving to Christmas. ks. Allow Home Depot the right without an additional discretionary action to have food "...Any outdoor future food use shall be service in a designated area fronting the 10 subject to consideration of a land use store (approx. 200 square feet to include 3 permit." foldable and movable chairs and tables). Each vendor will be required to apply and obtain City permits prior to operating. Cart Theft System Requires the installation To exclude Home Depot from this 15 and operation of an electronic shopping cart requirement given the size and type of carts theft system. used in its daily operation. 17 All materials on the flat portions of the We interpret this condition to mean all roof shall be painted consistent color...." mechanical equipment. Not the actual roof. "For Future consideration, it is the intent to use CBC section 505.2 to justify the size of We request a clarification that the 60 foot buildings, and ultimately to subdivide the yard agreement can extend over real 43 property, the 60 foot yard required by that property since there will be a real property section will not be permitted to extend over line between Home Depot and the building to a real property line (as opposed to an the west. assumed property line)." COA ClarihcationslModifcahans The Springs Shopping Center) October 14,2005 Page 2 of 2 It is our understanding that the following operational items are secondary to the primary retail sales of Home Depot, and are not limited or prohibited by the conditions of approval or the City's Municipal Code. 1. Home Depot will be permitted by right to designate two stalls as "Load and Go"for small flat bed pick up truck rentals as shown on attached Exhibit(Item 1). 2. Home Depot will be permitted by right to have a Trailer Display/Sales area in a designated location as shown on the attached Exhibit(Item 2).A total of five parking spaces will be used year round. 3. Home Depot will be permitted by right to store and rent large equipment such as concrete mixers, scaffoldings, and rototillers in 5 parking spaces year round as designated on the attached Exhibit (Item 3). 4. Home Depot will be permitted by right to on a daily basis to display merchandise (i.e. BBQ's and kitchen appliances, etc.) in front of the store in the designated area as shown on the attached Exhibit(Item 4). 5. Home Depot will be permitted by right to place vending machines in front of the store in the designated area shown on the attached Exhibit(Item 5). 6. Home Depot will be permitted by right to install pay phones in front of the store in the designated area as shown on the attached Exhibit(Item 6). 7. Home Depot will be permitted by right to operate the store 24 hours if deemed appropriate. The primary store operation hours are from 6:00 am to 12:00 midnight. However, customer hours are from 7:00 am to 10:00 pm. Additionally, outdoor seasonal sales of Christmas trees will be from 6:00 am to 12:00 midnight. 8. Home Depot will be permitted by right to leave the outdoor display items along the front of the store overnight. Additionally, tents/awnings will be used occasionally in conjunction with the Seasonal Sales and enclosed by a chain link fence for security. If you have any questions or in need of additional information, please contact me at (626) 584-1098 or milan@mgresolutionsinc.com. Sincerely, MG Resolutions Milan L. Garrison President : Attachment C: Arman Gabay, Charles Company Mark Gabay, Charles Company Sarah Withers, Charles Company George Ray, Home Depot Art Casanova, Carter Burgess I f OF: J T ---------- ---------I ­rj Case 5.0984 PD-291 Conditions of Approval— Legislative Draft EXHIBIT A Case 5.0984 PD-291 The Springs Commercial Center Northeast Corner of Ramon Road and Gene Autry Trail October 19, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0984-PD-291. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Case 5.0984 PD-291 Conditions of Approval — Legislative Draft 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 14. 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 with the Notice of Determination. Action on this application shall not be final until such fee is paid. :i. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. Prior to issuance of building permits, the project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. C:EQA 6. As adopted in the Final Environmental Impact Report (SCH#2003121001), the applicant shall provide mitigation monitoring and report to the city on implementation of environmental mitigation measures according to the Mitigation Monitoring and Reporting Program (MMRP). The applicant shall be responsible for reimbursing the city for costs associated with review and approval of the applicant's implementation of the MMRP. Case 5.0984 PD-291 Conditions of Approval — Legislative Draft 7. The development standards of Planned Development 291 modify the underlying M-1-P zone development standards as follows: Development Standard Required M-1-P Zone Approved PD-291 Building Height 40 feet 35-40 feet Yards Abutting Residential 100 feet 17-100 feet Landscape Buffer 25 feet 17-25 feet Abutting Major Roads 25 feet Same Landscape Buffer 25 feet Same Abutting Non-Residential 20 feet 17-110 feet Landscape Buffer None 17-25 feet Walls 8 feet maximum 8 feet Coverage No Limit 74% of site Parking Spaces 1571 spaces 1817 spaces Parking Lot Shading 50% minimum Same CC&R's 8. Property Conditions, Covenants and Restrictions (CC&Rs): Prior to issuance of building permits CC&Rs shall be submitted for review and approval by the Director of Planning Services in a form to be approved by the City Attorney to acknowledge Planned Development 291 (PD-291), the adopted Conditions of Approval of PD-291, and the MMRP of the Final Environmental Impact Report (SCH#2003121001); and provide for private restrictions on use of the site that implement PD-291 and the MMRP. The provisions in the CC&Rs shall be enforceable by the City and not be amended without City approval, and shall require the maintenance of all property in a good condition in accordance with all regulations by one entity. The approved CC&Rs shall be recorded prior to issuance or the first Certificate of Occupancy. 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Services Department for administrative review purposes. PROJECT OPERATIONS 10. Seasonal Garden Area: A Land Use Permit is required for all outdoor special events sae" we the Seasonal Garden Area. A maximum of six special events, each lasting no more than two weeks in duration, may be held per year. These special events include, but are not limited to tree sales, car washes, plant sales, furniture sales, and other unspecified outdoor events on site, shall be s bnittzd for rpy'Py., and appr%�al by the ry ceg;-F},i,or-tn m mowa Af a� . Special events for Halloween and Christmas may be Case 5.0984 PD-291 Conditions of Approval—Legislative Draft permitted for extended time periods subject to the approval of a Land Use Permit by the City. In addition Aany outdoor future food use shall be subject to consideratien the approval of a +Land aUse pPermit by the Citv. 11. Outdoor Storage: Outdoor storage in the Outdoor Garden Center, Building Materials Storage, or Will Call areas shall not exceed the height of the perimeter screen fence/walls of their respective areas. 12. Signage: Prior to issuance of a building permit, the applicant shall submit for review and approval a Comprehensive Sign Program showing all proposed signage for the site. The comprehensive Sign Program shall be integrally designed with the site landscaping and architecture and incorporate reference to comments received during Architectural Advisory review of PD-291. '13. Loading facilities: Prior to issuance of Building permits, 1) a loading facility shall be provided for the building "Food-1" on Exhibit 1 by conversion of two nearby parking spaces or other means acceptable to the Director of Planning Services; 2). A loading facility shall be provided for building "Retail-1" on Exhibit 1 by reconfiguration of the 4-trash bins and elimination of the 3-parking spaces on the north side of the Retail-1, or by other means acceptable to the Director of Planning Services; and 3) PD-291 Exhibit 1 shall be amended to note that prior to issuance of any permit to expand any building "Major C-E" or alter the loading facilities for the buildings "Major C-E" a new loading facility plan shall be submitted for review and approval as an amendment to Planned Development 291. The Operational Noise Control Plan, as part of the MMRP (condition 6), shall limit deliveries as noted in the July 18th letter from Home Depot in the Final EIR, and such limits shall be included in the project CC&Rs (condition 8). 14. Site remediation: Prior to submission of a building permit, the applicant shall provide certification to the satisfaction of the City Attorney that the Removal Action Plan (RAW) has been completed and the site is clear of all environmental concerns, and that implementation of PD-291 will not pose any concerns relative to the prior land fill operation on the site. The applicant shall reimburse any city costs in the review of the certification. 15. Cart theft system: Prior to issuance of the first certificate of occupancy, the applicant shall install and operate an electronic shopping cart theft system to prevent shopping carts from being removed from the property to the satisfaction of the Director of Planning Services. The ongoing maintenance and operation of the electronic shopping cart theft system shall be provided for in the CC&Rs for the site. This requirement shall only apply to shopping carts but not lumber carts ADD 16. Home Depot shall be permitted to use ten parking spaces year round as designated on the approved site plan (north of the loading dock) for a Trailer Display/Sales Area and an area to store and rent large equipment such as concrete mixers scaffoldings and rototillers The equipment Case 5.0984 PD-291 Conditions of Approval— Legislative Draft shall be placed so that the 26-foot wide parking lot driveway shall be kept clear at all times. ADD 17. Outdoor display of merchandise at Home Depot shall be limited to only the designated outdoor display areas and outdoor garden center display area as shown on the approved site plan Home Depot shall be permitted to leave the outdoor display items in the designated areas overnight The use of all other areas for outdoor display of merchandise shall be prohibited. ADD 18. Home Depot shall be permitted to install vending machines and pay phones in the outdoor display areas and vestibules in front of the store as shown on the approved site plan FINAL DESIGN 16. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 17. Prior to issuance of the first certificate of occupancy all m^}^ ial the flat portions-of the roof and all equipment on the roof shall be a painted consistent earth tone color to be approved by the Director of Planning Services. 18. 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. 19. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 20. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 21. No sirens, outside paging or any type of signalization will be permitted, except Case 5.0984 PD-291 Conditions of Approval— Legislative Draft approved alarm systems. 22. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 23. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal to the City of Palm Springs. 24. The entire parking lot and all drive-through facilities must adequately screened by 4'-0" tall decorative walls and/or berms. The walls should include decorative block, cap and pilasters and berms architecturally integrated with the site architecture. Walls and berms must include landscaping, including trees and shrubs. 25. Landscaping shall include a mixture of 24", 36", 46" and 60" box size trees. All trees shall be allowed to grow to full form and height and shall not be topped or excessively trimmed. 26. 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. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 2:7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 28. 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. 29. 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. 30. The grading plan shall show the disposition of all cut and fill materials. Limits of Case 5.0984 PD-291 Conditions of Approval — Legislative Draft site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 31. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance, which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. This must be submitted for approval a minimum of (60) days prior to issuance of the certificate of occupancy and must be approved prior to opening. POLICE DEPARTMENT 32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 33. Fire Hydrant Systems: Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction (901.2.2.2 CFC). All fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. 34. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site (903 CFC). Installation, testing, and inspection will meet requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's material and Test Certificate to the Fire Department (9-2.1 NFPA 24 1995 edition). 35. Fencing Requirements: Construction site fencing required over 5,000 SF or as the Fire Marshall deems necessary as the authority having jurisdiction, in accordance with the 1998 California Fire Code and City of Palm Springs Ordinance 1570. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 36. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 92 CFC). 37. Private Streets: They shall have a minimum width of at least 20 feet, pursuant to Case 5.0984 PD-291 Conditions of Approval — Legislative Draft California Fire Code 902.1 however, a greater width for private streets maybe required by the City Engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed on ether side of the roadway. 38. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds G.V.W. (902.2.2.2CFC). The minimum inside turning radius is 30 feet, with outside radius of 45 feet. 39. Automatic Fire Sprinklers: Approved, automatic Fire Sprinkler Systems are required for all project buildings. BUILDING DEPARTMENT 40. Application for building permit requires the submittal of three sets of construction documents, including attachments such as structural engineering, energy calculations, etc. 41. All food service type uses must have Health Department approval prior to building permit issuance. 42. Each food service type use must be provided with its own dedicated grease interceptor(common interceptors are not allowed). 43. Ferfat„re Gons:deroti , +If the intent is to use CBC section 505.2 to justify the size of buildings, and ultimately to subdivide the property, the 60 foot yard required by that section will not be permitted to extend over a real property line (as opposed to an assumed property line). ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 44. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 45. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to issuance of building permits.