HomeMy WebLinkAbout22049 - RESOLUTIONS - 10/3/2007RESOLUTION NO. 22049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE
NUMBER 5.1164, PLANNED DEVELOPMENT DISTRICT
343, FOR A MIXED -USE DEVELOPMENT CONSISTING
OF 39,535 SQUARE FEET OF RETAIL AND 14,587
SQUARE FEET OF OFFICE SPACE LOCATED AT THE
NORTHWEST CORNER OF CROSSLEY ROAD AND
SUNNY DUNES. SECTION 20.
WHEREAS, Crossley Partners, LLC (the "Applicant') has filed an application with the
City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the
establishment and development of Planned Development District 317; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Number 5.1164, Planned Development District 343, and
project architectural approval was given in accordance with applicable law; and
WHEREAS, on September 12, 2007 a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the project qualifies as a Categorical Exempt development pursuant to
Section 15332 In -Fill Development Projects of the California Environmental Quality Act.
A Notice of Exemption has been prepared for this project and has been distributed for
public review and comment in accordance with CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented, and has
recommended that the City Council approve Case Number 5.1164 Planned
Development District 343; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1164, Planned Development District 343, was given in
accordance with applicable law; and
WHEREAS, on October 3, 2007 a public hearing on the application was held by the City
Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
Resolution No. 22049
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Pursuant to Section 94.03.00 (E) of the Palm Springs zoning Code, the
City Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the
Palm Springs Zoning Code.
The proposed request is consistent with the General Plan, specifically Objectives
3.10 and 3.13 as they relate to intermixing commercial and office uses.
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
The project site is suitable for the development of a mixed use development. It is
relatively flat and located in close proximity to the intersection of a secondary
road and a major thoroughfare.
C. The proposed establishment of the planned development district is necessary
and proper, and is not likely to be detrimental to adjacent property or residents.
The establishment of the proposed planned development district is necessary to
provide commercial and office uses, design concepts and development
standards. This project is a continuation of the existing commercial uses to the
north and west and is to serve the everyday needs of the residential area.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The subject site is located along the west side of Crossley Road (Secondary
Thoroughfare) just south of East Ramon Road (Major Thoroughfare). The existing
road net work is designed for commercial and industrial development.
Section 2. The City Council hereby approves Case Number 5.1164 and Planned
Development District 343 for a mixed -use development consisting of approximately
39,535 square feet of retail and approximately 14,587 square feet of office space
located near the northwest corner of Crossley Road and Sunny Dunes Road, subject to
the conditions attached hereto as Exhibit "A"-
Resolution No. 22049
Page 3
ADOPTED THIS 3rd day of October, 2007.
David H. Ready, City'Mafi'ager
ATTEST:
Y
lames Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22049 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 the 3`d day of October, 2007,
by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None -
Glames Thompson, City Clerk
City of Palm Springs, California
Resolution No. 22049
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
5.1164 — PDD343
Crosse Pointe
Northwest Corner of Sunny Dunes Road and Crossley Road
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or
any other City Codes, ordinances and resolutions which supplement the
zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1164 -- PDD 343. The City of Palm Springs
will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the
City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the
indemnification herein, except, the City's decision to settle or abandon a
Resolution No. 22049
Page 5
matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parkways, parking areas, landscape, irrigation,
lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $1,800.00
plus $64.00 recording fee is required. This application shall not be final
until such fee is paid and the Certificate of Fee Exemption is filed. Fee
shall be in the form of a money order or cashier's check payable to
Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal
Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be
based upon the total building permit valuation as calculated pursuant to
the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial or industrial projects, 1/4% for new residential subdivisions, or
1/4% for new individual single-family residential units constructed on a lot
located in an existing subdivision with first $100,000 of total building
permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed
and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access
and viewing.
6. The applicant prior to issuance of building permits shall submit three (3)
sets of a draft declaration of covenants, conditions and restrictions
("CC&R's") to the Director of Planning Services for approval in a form to
be approved by the City Attorney, to be recorded prior to certificate of
occupancy. The CC&R's shall be submitted with a list of the adopted
conditions of approval and an indication of where applicable conditions
are addressed in the CC&R's. The CC&R's shall be enforceable by the
Resolution No. 22049
Page 6
City, shall not be amended without City approval, and shall require
maintenance of all property in a good condition and in accordance with
all ordinances.
7. The applicant shall submit to the City of Palm Springs, a deposit in the
amount of $3500, for the review of the CC&R's by the City Attorney. A
filing fee of $631, in accordance with the fee schedule adopted by the City
Council, shall also be paid to the City Planning Services Department for
administrative review purposes-
8- The developer shall reimburse the City for the City's costs incurred in
monitoring the developer's compliance with the conditions of approval
and mitigation monitoring program, including, but not limited to
inspections and review of developers operations and activities for
compliance with all applicable dust and noise operations, and cultural
resource mitigation. This condition of approval is supplemental and in
addition to normal building permit and public improvement permits that
may be required pursuant to the Palm Springs Municipal Code.
CULTURAL RESOURCES
9. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's
Standards and Guidelines, shall be employed to survey the area for the
presence of cultural resources identifiable on the ground surface.
FINAL DESIGN
10. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
All landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the
Director of Parks and Recreation.
11. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning Services prior to the issuance of
building permits. Manufacturer's cut sheets of all exterior lighting on the
building and in the landscaping shall be submitted for approval prior to
Resolution No. 22049
Page 7
issuance of a building permit. If lights are proposed to be mounted on
buildings, down -lights shall be utilized. No lighting of the hillside is
permitted_
GENERAL CONDITIONS/CODE REQUIREMENTS
12. Architectural approval shall be valid for a period of two (2) years_
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause. .
13. The appeal period for a Major Architectural application is 15 calendar
days from the date of project approval. Permits will not be issued until
the appeal period has concluded.
14. The project is subject to the City of Palm Springs Water Efficient
Landscape Ordinance. The applicant shall submit an application for
Final Landscape Document Package to the Director of Planning
Services for review and approval prior to the issuance of a building
permit. Refer to Chapter 8.60 of the Municipal Code for specific
requirements.
15. Prior to issuance of a grading permit, a Fugitive Dust and Erosion
Control Plan shall be submitted and approved by the Building Official.
Refer to Chapter 8.50 of the Municipal Code for specific requirements.
16. The grading plan shall show the disposition of all cut and fill materials.
Limits of site disturbance shall be shown and all disturbed areas shall be
fully restored or landscaped.
17. Separate architectural approval and permits shall be required for all
signs.
18. All materials on the flat portions of the roof shall be earth tone in color.
19, All awnings shall be maintained and periodically cleaned.
20. All roof mounted mechanical equipment shall be screened from all
possible vantage points both existing and future per Section 93.03.00 of
the Zoning Ordinance. The screening shall be considered as an
element of the overall design and must blend with the architectural
design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the
Resolution No. 22049
Page 8
roof of the building, the equipment heights, and type of screening.
Parapets shall be at least 6" above the equipment for the purpose of
screening.
21. No exterior downspouts shall be permitted on any facade on the
proposed building(s) which are visible from adjacent streets or
residential and commercial areas.
22. Perimeter walls shall be designed, installed and maintained in
compliance with the corner cutback requirements as required in Section
93.02.00. D.
23. The design, height, texture and color of building(s), fences and walls
shall be submitted for review and approval prior to issuance of building
permits.
24. The street address numbering/lettering shall not exceed eight inches in
height.
25. Submit plans meeting City standard for approval on the proposed trash
and recyclable materials enclosure prior to issuance of a building permit.
26. No sirens, outside paging or any type of signalization will be permitted,
except approved alarm systems.
27. No outside storage of any kind shall be permitted except as approved as
a part of the proposed plan.
28. Vehicles associated with the operation of the proposed development
including company vehicles or employees vehicles shall not be permitted
to park off the proposed building site unless a parking management plan
has been approved_
29. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project
maintaining a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
30. The applicant shall provide all tenants with Conditions of Approval of this
project.
Resolution No. 22049
Page 9
31. Loading space facilities shall be provided in accordance with Section
93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on
the site plan and approved prior to issuance of building permits.
32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact
sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking
spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the
right side of the parking space; two (2) handicap spaces can share a
common walkway. One in every eight (8) handicap accessible spaces,
but not less than one (1), shall be served by an 8 foot walkway on the
right side and shall be designated as "van accessible".
33. Handicapped accessibility shall be indicated on the site plan to include
the location of handicapped parking spaces, the main entrance to the
proposed structure and the path of travel to the main entrance.
Consideration shall be given to potential difficulties with the handicapped
accessibility to the building due to the future grading plans for the
property.
34. Compact and handicapped spaces shall be appropriately marked per
Section 93.06.00.C.10.
35. Curbs shall be installed at a minimum of five (5) feet from face of walls,
fences, buildings, or other structures. Areas that are not part of the
maneuvering area shall have curbs placed at a minimum of two (2) feet
from the face of walls, fences or buildings adjoining driveways.
36. Parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face.
37. Islands of not less than 9 feet in width with a minimum of 6 feet of
planter shall be provided every 10 parking spaces. Additional islands
may be necessary to comply with shading requirements.
38. Shading requirements for parking lot areas as set forth in Section
93.06.00 of the zoning Ordinance shall be met. Details to be provided
with final landscape plan.
39. Parking stalls shall be delineated with a 4 to 6 inch double stripe -
hairpin or elongated "U" design. Individual wheel stops shall be
prohibited; a continuous 6" barrier curb shall provide wheel stops.
Resolution No. 22049
Page 10
40. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to
eleven (11) feet wide.
41. Tree wells shall be provided within the parking lot and shall have a
planting area of six feet in diameter/width.
POLICE DEPARTMENT
42. Developer shall comply with Article II of Chapter 8.04 of the Palm
Springs Municipal Code.
;III I1151 ►105191211A iIlWilI
43. Prior to any construction on -site, all appropriate permits must be
secured.
ADA
SITE PLAN:
44. All new curb ramps that intersect with vehicular traffic serving this
development shall provide detectable warnings in the form of truncated
domes to comply with CBC 112713.5.8.
45. The site plan indicates pedestrian walkways contiguous to Crossley
Road that include ramps as well as curb ramps. All ramps shall comply
with CBC 1133B in terms of running slope (8.33% max.) and cross
slope(2.0% max.), width requirements ( 48 inches minimum measured
form handrail to handrail), handrails, and level landings at both the top
and bottom of the ramp. The bottom area of each ramp shall provide a
minimum 72 inch long level landing area. This is especially important
since these ramps lead into curb ramps that lead into vehicular traffic
areas.
46. All locations on the plan designated as "articulated paving" shall
comply with CBC 113313.7.1 and be made of a material that is stable,
firm and slip resistant. The use of decorative pavers that create a
"cobble stone' affect shall not be applied as they present a hazardous
environment for wheelchair users.
47. The disabled parking space located next to the "MAJOR "A° building will
need to provide a minimum 5 foot wide access aisle on the passenger
Resolution No. 22049
Page 11
FIRE
side of this parking space. The site plan indicates a 5 food aisle on the
driver's side which leads up to a curb ramp.
48. All Disabled parking spaces shall provide appropriate signage to comply
with CBG 112913.5.
49. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This
shall clearly show all access points, fire hydrants, knox box locations, fire
department connections, unit identifiers, main electrical panel locations,
sprinkler riser and fire alarm locations. Large projects may require more
than one page.
50. Premises Identification: Approved numbers or addresses shall be
provided for all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property.
(901.4.4 CFC) Show location of address on plan elevation view. Show
requirement and dimensions of numbers in plan notes. Numbers shall be
a minimum 4 inches, and of contrasting color to the background.
51. Fire Department Access: Fire Department Access Roads shall be
provided and maintained in accordance with Sections 901 and 902 CFC.
(902.1 CFC)
52. Minimum Access Road Dimensions:
Maintain minimum of 24' width in the parking area for fire
department access.
53. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal
hazards. Show proposed extinguisher locations on the plans. (1002.1
CFC) Extinguishers shall be mounted in a visible, accessible location 3
to 5 feet above floor level. Preferred location is along the path of exit
travel or near an exit door. Extinguishers located outdoors must be
installed in weather and vandal resistant cabinets approved for this
purpose.
54. Fire Sprinklers Required: An automatic fire sprinkler system is required
by local ordinance for both buildings_
Resolution No. 22049
Page 12
55. Fire Department Connections: Fire Department connections shall be
visible and accessible, have two 2.5 inch NST female inlets, and have an
approved check valve located as close to the FDC as possible. All
FDC's shall have KNOX locking protective caps. Contact the fire
prevention secretary at 760-323-8186 for a KNOX application form.
56. Location of Fire Department Connections: The connection inlets must
face the street, and be located on the street side of the building. The
face of the inlets shall be 18 inches horizontal from the back edge of
sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in
height to center of inlets above finished grade. No landscape planting,
walls, or other obstructions are permitted within 3 feet of Fire
Department connections. The FDC and supporting piping shall be
painted OSHA safety red.
The address of the building served shall be clearly indicated on the Fire
Department Connection (FDC). A sign with this information shall be
placed on or near the FDC. The sign shall be constructed of metal. The
sign face, lettering, and attachment shall be made of weather and vandal
resistant materials. Sign background will be bright red. Letters will be
bright white. Sign format will be substantially as follows:
F. D. C. SERVES
425 S. SUNRISE WAY
ALL BLDGS. IN COMPLEX
67. Required Signs: All fire sprinkler valves shall have a permanently
affixed sign indicating the valve function and area served. The address
of the building served shall be clearly indicated on the Fire Department
Connection (FDC).
58. Valve and water -flow monitoring: All valves controlling the fire
sprinkler system water supply, and all water -flow switches, shall be
electrically monitored where the number of sprinklers is one hundred or
more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.)
All control valves shall be locked in the open position. Valve and water -
flow alarm and trouble signals shall be distinctly different and shall be
automatically transmitted to an approved central station. (1003.3.1 CFC)
59. Inspector's Test Valve: Provide an inspector's test valve from a remote
portion of the system. Where sprinklers used in the system have a
nominal K factor smaller than 5.6, the inspector's test shall have the
same size orifice as the smallest sprinkler.
Resolution No. 22049
Page 13
60. Audible water flow alarms: An approved audible sprinkler flow alarm
shall be provided on the exterior of the building in an approved location.
An approved audible sprinkler flow alarm to alert the occupants shall be
provided in the interior of the building in a normally occupied location.
(904.3.2 CBC)
61. Fire Alarm System: Fire Alarm System is required and installation shall
comply with the requirements of NFPA 72.
62. Audible Water Flow Alarms: An approved audible sprinkler flow alarm
(Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or
equal) shall be provided on the exterior of the building in an approved
location. An approved audible sprinkler flow alarm (Wheelock
horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert
the occupants shall be provided in the interior of the building in a
normally occupied location. (904.32 CBC)
63. Water Systems and Hydrants: Where underground water mains are to
be provided, they shall be installed, completed and in service with fire
hydrants or standpipes (Or combinations thereof located as directed by
the Fire Department) not later than the time when combustible materials
are delivered to the construction site. (Sec. 903 CFC)
64. Operational Fire Hydrants: An operational fire hydrant(s) shall be
installed within 250' of all combustible construction. No landscape
planting, walls, or fencing is permitted within 3 feet of fire hydrants,
except groundcover plantings. (1001.7.2 CFC)
65. Fire Flow: Fire flow with the installation of fire sprinklers is estimated
at:
• Major "A" 9,430 sq ft = 1500 GPM
• Major "B" 33,062 sq ft = 1600 GPM
• Shops "C" 8,100 sq ft = 1500 GPM
• Retail "D" 6,412 sq ft = 1500 GPM
66. Emergency Key Box: A Knox key box is required for access to the fire
sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to
the main entrance. Contact the Fire Department at 760-323-8186 for a
Knox application form. (902.4 CFC)
67. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
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Page 14
mechanical rooms, elevator rooms, elevator controls, plus a card
containing the emergency contact people and phone numbers for the
building/complex.
68. Road Design or parking lot surface: Fire apparatus access roads
shall be designed and constructed as all weather capable and able to
support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC)
Driveway turnarounds shall have inside turning radius of not less than 30
feet and outside turning radius of not less than 45 feet.
69. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways shall be provided so that no portion of the exterior wall
of the first floor of any building will be more than 150 feet from such
roads. (902.2.1 CFC)
70. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus
require an unobstructed vertical clearance of not less than 13 feet 6
inches. This will include clearance from vegetation and trees. (902.2.2.1
CFC)
71. High Piled Storage: If materials to be stored are anticipated to exceed
12 feet in height, additional requirements will be required. Contact the
fire department plans examiner for more detailed requirements.
Construction site Securitv and Protection:
72. Fencing Required: Construction site fencing with 20 foot wide access
gates is required for all combustible construction over 5,000 square feet.
Fencing shall remain intact until buildings are stuccoed or covered and
secured with lockable doors and windows. (8.04.260 PSMC)
73. Fire Apparatus Access Gates: Entrance gates shall have a clear width
of at least 15 feet and be equipped with a frangible chain and padlock.
(8.04.260 PSMC)
74. Access Gate Obstructions: Entrances to roads, trails or other access
ways, which have been closed with gates and barriers, shall be
maintained clear at all times. (9022.4.1 CFC).
75. Access During Construction: Access for firefighting equipment shall
be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access
roads shall have an unobstructed width of not less than 20 feet and an
Resolution No. 22049
Page 15
unobstructed vertical clearance of not less than 13'6". Fire Department
access roads shall have an all weather driving surface and support a
minimum weight of 73,000 lbs. (Sec. 902 CFC)
ENGINEERING
STREETS
76. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
77. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the
City Engineer prior to issuance of any building permits.
78. The applicant shall be required to construct asphalt concrete paving for
streets in two separate lifts. The final lift of asphalt concrete pavement
shall be postponed until such time that on -site construction activities are
complete, as may be determined by the City Engineer. Paving of streets
in one lift prior to completion of on -site construction will not be allowed,
unless prior authorization has been obtained from the City Engineer.
Completion of asphalt concrete paving for streets prior to completion of
on -site construction activities, if authorized by the City Engineer, will
require additional paving requirements prior to acceptance of the street
improvements, including, but not limited to: removal and replacement of
damaged asphalt concrete pavement, overlay, slurry seal, or other
repairs, as required by the City Engineer.
79. When public dedications of easements or rights -of -way over Tribal
Allottee land are required, the applicant shall be responsible for
compliance with all Bureau of Indian Affairs (B.I.A.) requirements,
including payment of any BIA fees, obtaining appraisals and payment of
just compensation to the underlying owner. It is the applicant's
responsibility to determine what additional costs or other requirements
may be necessary to obtain any required public dedications as identified
by the City for this development. Required public dedications for
easements or rights -of -way are "without limitation as to tenure';
easements granted with a defined term, or made in connection with an
underlying Indian Land Lease, shall not be accepted. Term easements
may only be accepted by the City Engineer, if prior to final map approval,
the City Council establishes a formal policy for acceptance of term
easements, and the applicant complies with the provisions of such
Resolution No. 22049
Page 16
policy, including payment to the City of any fees, deposits, or other
securities necessary to acquire a future public easement.
80. Upon completion of required improvements by the applicant, and as a
condition of acceptance by the City Engineer, the applicant shall prepare
for the City Engineer's approval, an Affidavit of Completion in
accordance with Section 169.16, Title 26, of the Code of Federal
Regulations, for any improvements constructed by the applicant for
which an easement was dedicated to the City through the Bureau of
Indian Affairs. The Affidavit of Completion shall be provided to and
approved by the City Engineer prior to final acceptance of the project,
including issuance of a final certificate of occupancy. The applicant shall
be responsible for obtaining the necessary form for the Affidavit of
Completion from the Palm Springs Agency of the Bureau of Indian
Affairs, and for having it completed as necessary by the applicant's
Engineer of Record.
:107.111111
81. Remove the existing street improvements as necessary to construct a
driveway approach in accordance with City of Palm Springs Standard
Drawing No. 205. The centerline of the driveway approach shall be
located approximately 320 feet north of the centerline of Sunny Dunes
Road as shown on the approved site plan. heft -turn egress shall be
prohibited; the driveway access shall be revised to eliminate the
eastbound left -turn exit lane.
82. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the driveway approach in
accordance with City of Palm Springs Standard Drawing No. 212. The
applicant shall ensure that an appropriate path of travel, meeting ADA
guidelines, is provided across the driveway, and shall adjust the location
of the access ramps, if necessary, to meet ADA guidelines, subject to
the approval of the City Engineer and ADA Coordinator. If necessary,
additional pedestrian and sidewalk easements shall be provided on -site
to construct a path of travel meeting ADA guidelines.
83 Remove existing pavement as necessary to construct a raised median
island along the entire Crossley Road frontage from Sunny Dunes Road
to the southern Wal'Mart driveway access, as approved by the City
Engineer. R ,; StFiGted access FnedmaR opening Rams rT, he-
project-access-en-13 .. atioaalmedian-opening shall be
GOnStFU c ed #e aNew-ngr-tlibound-left--turn-ingress,'—provide•-a-small-=pork
Resolution No. 22049
Page 17
chop„ island-at-he-project-aec—th,�d-prt �'^��
eastbound--right-turn -lane;-whlle-restricting-eastbound-leftt turn-egfess
froflr�-he-df*veway_&s ess- Provide a 50 feet long northbound left -turn
pocket at the project entrance, with a 60 feet long bay taper; provide a
100 feet long northbound left -turn pocket at the southern Wal'Mart
entrance, with a 60 feet long bay taper; and provide a 100 feet long
southbound left -turn lane, with a 60 feet long bay taper, at the
intersection of Crossley Road and Sunny Dunes Road. Median bay
tapers lengths may be increased to 90 feet if approved by the City
Engineer_ The left turn pockets shall be designed in accordance with
Section 405 of the current edition of the Caltrans Highway Design
Manual, as approved by the City Engineer.
83a. Engineering Division recommends deferral of a restricted access median
opening across from the project access on Crossley Road, until such
time that the City Engineer feels that the traffic volumes or accident rates
warrant an eastbound left turn egress restriction from the Crossley Road
project access. The owner shall execute a street improvement covenant
agreeing to construct a small "pork chop" island at the project access
that would provide a channelized eastbound right turn lane, while
restricting eastbound left turn egress from the driveway access. The
covenant shall be submitted with the Grading Plan, and shall be
executed prior to approval of the Grading Plan or issuance of grading or
building permits. A covenant preparation fee in effect at the time that the
covenant is submitted shall be paid by the applicant prior to issuance of
any grading or building permits.
84. The raised median shall be constructed with decorative hardscape,
decomposed granite and boulders, stamped concrete, or other materials,
as approved by the City Engineer and the Director of Parks and
Recreation.
85. All broken or off grade street improvements shall be repaired or
replaced.
61lllllKra pill lINN -.011W
86. Remove the existing street improvements as necessary to construct a
24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located approximately 460 feet west of the
centerline of Crossley Road as shown on the approved site plan. If will
be a full -access driveway.
Resolution No. 22049
Page 18
ON -SITE
87. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the driveway approach in
accordance with City of Palm Springs Standard Drawing No. 212. The
applicant shall ensure that an appropriate path of travel, meeting ADA
guidelines, is provided across the driveway, and shall adjust the
location of the access ramps, if necessary, to meet ADA guidelines,
subject to the approval of the City Engineer and ADA Coordinator. If
necessary, additional pedestrian and sidewalk easements shall be
provided on -site to construct a path of travel meeting ADA guidelines.
88. All broken or off grade street improvements shall be repaired or
replaced.
89. A non-exclusive 30 feet wide access right-of-way (recorded as
Instrument No. 2004-1034352) exists benefiting the Wal*Mart shopping
center. Appropriate access from the Wal*Mart shopping center across
the project site shall be provided for operation and maintenance of the
adjacent stormwater retention basin located on APN 680-170-061.
The applicant shall provide the City Engineer with concurrence from
the adjacent property owners of on -site improvements providing the
required access.
90. The minimum pavement section for all on -site pavement shall be 2Y2
inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 96%
relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
SANITARY SEWER
91. All sanitary facilities shall be connected to the public sewer system.
New laterals shall not be connected at manholes.
92. All on -site sewer systems shall be privately maintained by the
Commercial Shopping Center. Provisions for maintenance of the on -
site sewer system acceptable to the City Engineer shall be included in
the Covenants, Conditions and Restrictions (CC&R's) required for this
project.
Resolution No. 22049
Page 19
93. The on -site private sewer system shall collect sewage from the
development and connect to the existing public sewer system with a
standard sewer lateral connection in accordance with City of Palm
Springs Standard Drawing No. 405. Sewer plans shall be submitted to
the Engineering Division for review and approval. Private on -site sewer
mains for residential projects shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and
standard sewer manholes. Commercial projects may construct private
sewer systems to other approved City standards (i.e_ Uniform
Plumbing Code) upon approval by the City Engineer. Sewer manhole
covers shall be identified as "Private Sewer". A profile view of the on -
site private sewer mains is not necessary if sufficient invert information
is provided in the plan view, including elevations with conflicting utility
lines. Plans for sewers other than the private on -site sewer mains, i.e.
building sewers and laterals from the buildings to the on -site private
sewer mains, are subject to separate review and approval by the
Building Division.
GRADING
94. Submit a Precise Grading and Paving Plan prepared by a California
registered civil engineer to the Engineering Division for review and
approval_ The Precise Grading and Paving Plan shall be approved by
the City Engineer prior to issuance of grading permit. A Fugitive Dust
Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal
Code, and shall be required to utilize one or more "Coachella Valley
Best Available Control Measures" as identified in the Coachella Valley
Fugitive Dust Control Handbook for each fugitive dust source such that
the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that
has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant
and/or its grading contractor shall provide the Engineering Division with
current and valid Certificate(s) of Completion from AQMD for staff that
have completed the required training. For information on attending a
Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at
www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with
the Coachella Valley Fugitive Dust Control Handbook, shall be
Resolution No. 22049
Page 20
submitted to and approved by the Engineering Division prior to
approval of the Precise Grading and Paving Plan.
a_ The first submittal of the Precise Grading and Paving Plan
shall include the following information: a copy of final
approved conformed copy of Conditions of Approval; a copy
of a final approved conformed copy of the Site Plan; a copy
of current Title Report; a copy of Soils Report; and a copy of
the associated Hydrology Study/Report.
95. Prior to issuance of a grading permit, the applicant shall provide
verification to the City that the $2,731.00 per acre fee has been paid to
the Agua Caliente Band of Cahuilla Indians in accordance with the
Tribal Habitat Conservation Plan (THCP).
96. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer, Richard Begay (760-669-6907), or the Tribal
Archaeologist, Patty Tuck (760-669-6907), to determine their
requirements, if any, associated with grading or other construction_
The applicant is advised to contact the Tribal Historic Preservation
Officer or Tribal Archaeologist as early as possible. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment
of any required fees associated with Tribal monitoring.
97. Drainage swales shall be provided adjacent to all curbs and sidewalks
to keep nuisance water from entering the public streets, roadways, or
gutters.
98. A Notice of Intent to Comply with Statewide General Construction
Stormwater Permit (Water Quality Order 99-08-DWQ as modified
December 2, 2002) is required for the proposed development via the
California Regional Water Quality Control Board (Phone No. 760-346-
7491). A copy of the executed letter issuing a Waste Discharge
Identification number shall be provided to the City Engineer prior to
issuance of a grading permit.
99. In accordance with City of Palm Springs Municipal Code, Section
8.50.025 (c), the applicant shall post with the City a cash bond of two
thousand dollars ($2,000.00) per disturbed acre for mitigation
Resolution No. 22049
Page 21
measures for erosion/blowsand relating to this property and
development.
100. A Geotechnical/Soils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy
of the Geotechnical/Soils Report shall be submitted to the Engineering
Division with the first submittal of a grading plan.
101, In cooperation with the Riverside County Agricultural Commissioner
and the California Department of Food and Agriculture Red Imported
Fire Ant Project, applicants for grading permits involving a grading plan
and involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
DRAINAGE
102. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on -site retention
or other facilities approved by the City Engineer, shall be required to
contain the increased stormwater runoff generated by the development
of the property, as described in the Preliminary Hydrology Study for
Wessman Development Wal*Mart Center Palm Springs, prepared by
A/E Sanborn, Inc. dated July, 2007. Final on -site underground
retention pipe sizing, catch basin sizing, and other specifications for
construction of required on -site storm drainage improvements shall be
finalized in the final hydrology study and approved by the City
Engineer.
103_ The existing off -site stormwater retention basin located on the property
identified by APN 680-170-061 shall not be used for release of on -site
stormwater runoff from this site. All on -site stormwater runoff shall be
detained on -site as required by the City Engineer.
104. Direct release of on -site nuisance water or stormwater runoff shall not
be permitted to Crossley Road or Sunny Dunes Road. Provisions for
Resolution No. 22049
Page 22
the interception of nuisance water from entering adjacent public streets
from the project site shall be provided through the use of a minor storm
drain system that collects and conveys nuisance water to landscape or
parkway areas, and in only a stormwater runoff condition, pass runoff
directly to the streets through parkway or under sidewalk drains.
105. Submit storm drain improvement plans for all on -site storm drainage
system facilities for review and approval by the City Engineer.
106. Construct storm drain improvements, including but not limited to catch
basins, storm drain lines and underground retention system, for
drainage of on -site stormwater runoff into the on -site underground
retention system, as described in the Preliminary Hydrology Study for
Wessman Development Wal"Mart Center Palm Springs, prepared by
ME Sanborn, Inc. dated July, 2007. The hydrology study for this
development shall be amended to include catch basin sizing, storm
drain pipe sizing, and underground retention system sizing calculations
and other specifications for construction of required on -site storm
drainage improvements.
107_ All on -site storm drain systems shall be privately maintained by the
owner(s) of the development. Provisions for maintenance of the on -site
storm drain systems acceptable to the City Engineer shall be included
in Covenants, Conditions and Restrictions (CC&R's) required for this
project.
108. The proposed underground retention system shall be installed on -site
and not within the public right-of-way. The underground stormwater
retention system shall be sized to have a sufficient capacity equal to
the volume of increased stormwater runoff due to development of the
site, as identified in a final hydrology study approved by the City
Engineer. A decrease to the required retention volume may be
allowed for percolation of the stormwater runoff into the underlying
gravel and soil, not to exceed 2 inches per hour. Provisions for
maintenance of the underground stormwater retention system shall be
included in Covenants, Conditions, and Restrictions (CC&R's) for the
Commercial Shopping Center, including reference to the fact that
maintenance and/or replacement of the system may require removal of
existing asphalt concrete pavement at the sole expense of the
Commercial Shopping Center. The CC&R's shall reserve the right of
the City to inspect and ensure that the underground retention system is
operable, and in the event of its failure, shall provide the City the right
Resolution No. 22049
Page 23
to advise the Commercial Shopping Center and require its repair or
replacement to the satisfaction of the City Engineer.
109. This project may be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES)
Best Management Practices (BMP's) included as part of the NPDES
Permit issued for the Whitewater River Region from the Colorado River
Basin Regional Water Quality Control Board (RWQCB). The applicant
is advised that installation of BMP's, including mechanical or other
means for pre -treating stormwater runoff, may be required by
regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance
with the NPDES Permit, that effectively intercept and pre -treat
stormwater runoff from the project site, prior to release to the City's
municipal separate storm sewer system ("MS4"), to the satisfaction of
the City Engineer and the RWQCB. If required, such measures shall
be designed and installed on -site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
110, The project is subject to flood control and drainage implementation
fees. The acreage drainage fee at the present time is $9,212.00 per
acre per Resolution No. 15189. Fees shall be paid prior to issuance of
building permits.
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111. Any utility trenches or other excavations within existing asphalt
concrete pavement of off -site streets required by the proposed
development shall be backfilled and repaired in accordance with City of
Palm Springs Standard Drawing No. 115. The developer shall be
responsible for removing, grinding, paving and/or overlaying existing
asphalt concrete pavement of off -site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs
to pavement repairs made by utility companies for utilities installed for
the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time
Warner, Verizon, etc.). Multiple excavations, trenches, and other
street cuts within existing asphalt concrete pavement of off -site streets
required by the proposed development may require complete grinding
and asphalt concrete overlay of the affected off -site streets, at the
discretion of the City Engineer. The pavement condition of the existing
Resolution No. 22040
Page 24
off -site streets shall be returned to a condition equal to or better than
existed prior to construction of the proposed development.
112. On phases or elements of construction following initial site grading
(e.g., sewer, storm drain, or other utility work requiring trenching)
associated with this project, the applicant shall be responsible for
coordinating the scheduled construction with the Agua Caliente Band
of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. Unless the project site has previously been waived from
any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard
Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-
669-6907) for any subsequent phases or elements of construction that
might require Tribal monitoring. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated
with Tribal monitoring. Tribal monitoring requirements may extend to
off -site construction performed by utility companies on behalf of the
applicant (e.g. utility line extensions in off -site streets), which shall be
the responsibility of the applicant to coordinate and arrange payment of
any required fees for the utility companies.
113. All proposed utility lines shall be installed underground.
114, All existing utilities shall be shown on the improvement plans required
for the project. The existing and proposed service laterals shall be
shown from the main line to the property line.
115. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD
ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater)
formats. Variation of the type and format of the digital data to be
submitted to the City may be authorized, upon prior approval of the
City Engineer,
116. The original improvement plans prepared for the proposed
development and approved by the City Engineer (if required) shall be
documented with record drawing "as -built" information and returned to
the Engineering Division prior to issuance of a final certificate of
occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to
construction.
Resolution No. 22049
Page 25
TRAFFIC
117. Nothing shall be constructed or planted in the corner cut-off area of
any intersection or driveway which does or will exceed the height
required to maintain an appropriate sight distance per City of Palm
Springs Zoning Code Section 93.02.00, D.
118. All proposed trees within the public right-of-way and within 10 feet of
the public sidewalk and/or curb shall have City approved deep root
barriers installed in accordance with City of Palm Springs Standard
Drawing No. 904.
119. As determined by the Crosse Pointe Traffic Impact Study submitted by
Endo Engineering (as amended on July 31, 2007), traffic mitigation
measures are required. For each item identified below, the applicant
shall provide a conceptual geometric plan of the intersection
improvements, identifying existing and future improvements, and any
necessary right-of-way acquisition. The applicant shall submit an
estimate for the cost to construct the required improvements, including
associated relocation/modification of existing traffic signal
improvements and acquisition of additional right-of-way (if necessary),
for review and approval by the City Engineer. The following mitigation
measures will be required prior to issuance of a building permit:
a) Pay a fair share proportion of 1.74% of the cost to add a second
northbound left -turn lane, a second southbound left -turn lane (in
conjunction with north/south left -turn signal phasing), and restripe
westbound right -turn lane to a through lane, at the intersection of
San Luis Rey Drive and Ramon Road.
b) Pay a fair share proportion of 3.40% of the cost to add a
northbound left -turn lane, and a northbound right -turn lane at the
intersection of Crossley Road and Ramon Road.
c) Pay a fair share proportion of 4.07% (or $8,140) of the cost to
signalize the intersection of Gene Autry Trail and Mission Drive.
d) Pay a fair share proportion of 9.10% (or $18,200) of the cost to
signalize and to restripe the intersection to provide east/west left -
turn lanes at the intersection of Gene Autry Trail and Sunny
Dunes Road.
Resolution No. 22049
Page 26
e) Pay a fair share proportion of 15.61% (or $31,220) of the cost to
signalize and restripe the intersection to provide a northbound
left -turn lane and a shared through/right-turn lane at the
intersection of San Luis Rey Drive and Sunny Dunes Road.
f) Pay a fair share proportion of 4.42% (or $8,840) of the cost to
signalize as well as widen and realign the intersection to provide
north/south through lanes at the intersection of San Luis Rey
Drive and Dinah Shore Drive.
g) Pay a fair share proportion of 12.78% (or $25,560) of the cost to
signalize and restripe the intersection to provide a northbound
left -turn lane, restripe a southbound left -turn lane, and to restripe
an eastbound left turn lane, at the intersection of Crossley Road
and Sunny Dunes Road.
h) Pay a fair share proportion of 7.47% to add a northbound through
lane, and add a southbound through lane at the intersection of
Crossley Road and Dinah Shore Drive -
I) Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic
exiting the development at each of the two driveway access
points on Crossley Road and Sunny Dunes Road, in accordance
with City of Palm Springs Standard Drawing No. 620 through 625.
j) Install traffic striping and signage improvements to provide a two-
way left turn lane on Sunny Dunes Road along the project
frontage. Submit traffic striping plans, prepared by a California
registered civil engineer, for review and approval by the City
Engineer. All required traffic striping and signage improvements
shall be completed in conjunction with required street
improvements, to the satisfaction of the City Engineer, and prior
to issuance of a certificate of occupancy.
119. A minimum of 48 inches of clearance for handicap accessibility shall
be provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks shall be
provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the Crossley Road and
Sunny Dunes Road frontages of the subject property.
Resolution No. 22049
Page 27
120. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
121, Construction signing, lighting and barricading shall be provided for on
all projects as required by City Standards or as directed by the City
Engineer. As a minimum, all construction signing, lighting and
barricading shall be in accordance with State of California, Department
of Transportation, "Manual of Traffic Controls for Construction and
Maintenance Work Zones" dated 1990, or subsequent additions in
force at the time of construction.
122. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
END OF CONDITIONS