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°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
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Direc�#or'of Plannj g Services As it City
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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
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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
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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
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The Springs Commercial Center-Environmental Impact Report FIGURE
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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
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Attachment 5
5.0984 PD-291, City Council Staff Report, October 19, 2005
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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.
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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-
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Resolution No.
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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
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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
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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
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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.
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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
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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
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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-
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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- 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
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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
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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%)
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- 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
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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
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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
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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.
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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
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MISSION DR •PpL �
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CAMINO PAROCELA a p
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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�
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MISSION OR G�A 4�
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RAMO +IRD
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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
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°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
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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.