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HomeMy WebLinkAbout3/17/2004 - STAFF REPORTS (18) Date: March 17, 2004 To: City Council From: Director of Planning and Zoning CASE 5.0954-PD-242/TTM 28308-APPLICATION BY DESERT CHAPEL TO SUBDIVIDE 3.22 ACRES INTO EIGHT (8) SINGLE FAMILY LOTS AND THREE (3) PROFESSIONAL OFFICE LOTS, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND SUNNY DUNES, R-1-C AND RMHP ZONES, SECTION 23. RECOMMENDATION: That the City Council approve, continue, or refer back to the Planning Commission, the revised Planned Development District 5.0954-PD-242 and Tentative Tract Map 28308, subject to the attached conditions of approval. SUMMARY: The applicant, Desert Chapel, originally proposed to subdivide 3.22 acres into eight (8) single family residential lots and three (3) professional office lots. The applicant also proposed to modify the R-1-C standards for the residential lots and the Professional Zone (P)for the Professional lots. On December 17, 2003 the Planning Commission, by a vote of 7-0, recommended that the City Council approve the project with seven (7) of the eight proposed residential parcels. The Planing Commission was attempting to increase the size of the residential parcels by reducing the number of parcels by one lot. On January 21, 2004, the City Council conducted a public hearing on this case and directed staff to meet with community members and the applicant in order to find a compromise. On March 4, 2004, a community meeting was held regarding this project, this included staff, and twenty-four people. Traffic, noise, lighting, privacy, parking, circulation, relocation of Desert Chapel's administrative functions, R-1-0 zone standards (100' x 100' minimum lot size) were discussed at the meeting. A neighbor prepared two modified site plans which were also displayed. These plans included design alternatives: eliminating vehicle access from the office parking lot onto Sunny Dunes, adding a second driveway on Sunrise and increasing residential lot sizes to match existing lot sizes on the south side of Sunny Dunes. The applicant has submitted a revised plan, that addresses many of the community's concerns. The revised plan: 1. Increases the size of single family residential lots to minimum 10,000 square feet in area, 100' by 100' lots, which are consistent with development on the south side of Sunny Dunes and complywith Section 92.01.03 of the Zoning Ordinance, R-1-C zone development standards. This results in a reduction of residential lots from eight to seven; 3W 2. Eliminates the driveway on Sunny Dunes which serves the office complex. The driveway has been relocated to Sunrise Way, and will require a break of the proposed landscape median to allow left-in and left-out turning movements; 3. Reduces the required landscape setback along street frontages. The "P" Professional zone requires a twenty-five foot (25') landscape setback from the street to parking area. This required twenty-five foot(25 ')setback. Because of the limited lot depth, the strict implementation of these code provisions would result in the elimination of sixteen (16) parking spaces, nine (9) along Sunny Dunes and seven (7) on Sunrise and the project would be out of compliance with the Section 94.06.00 of the Parking Ordinance. The applicant is proposing a 10' landscaped setback to the street frontages, including decorative block walls 4' in height. This would screen vehicles, and reduce their visibility. Staff recommends a twenty-five foot (25') landscape setback to the parking area adjacent to Sunny Dunes Way. A redesign of the parking lot would provide sufficient parking and efficient circulation on site. The applicant has requested that the final development plans allow for flexibility between business office and medical office uses, provided that the overall project complies with the required parking. BACKGROUND Staff met with the applicant on March 5, 2004, to discuss the next steps. A revised site plan was submitted for staff review on Tuesday, March 9, 2004. Director of hanning an oning City Manager ATTACHMENT: 1. Revised site plan 2. Community meeting notes from March 4, 2004 3. Attendance list, Community meeting March 4, 2004 4. City Council report of January 21, 2004 l sp�2 City of Palm Springs /a Office of the City Clerk (760) 323-8204 M l o••oMTte ` +tIFOIL MEN/10RAND UTA iL Date January 22, 2004 To: General Public From: City Clerk ADJOURNMENT OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following public hearings of the City Council of the City of Palm Springs scheduled for January 21, 2004 are hereby continued to February 18, 2004 and March 17, 2004 (respectively) at 7:00 p.m., in the Council Chamber, 3200 Tahquitz Canyon Way. PUBLIC HEARING: 1. CASE 5.935 — PD 59 — DESERT CHAPEL— 630 SOUTH SUNRISE WAY On January 21, 2004 Council continued this matter to February 18, 2004 at 7 p.m., to allow neighborhood meetings concerning revisions to the Desert Chapel Master Plan, Case No. 5.935 — Planned Development District 59 including the addition of classrooms, nursery, new administrative building and new special events area; and establish regulations regarding special events, including night football games; subject to conditions of approval for property located on 10.16 acres, 630 South Sunrise Way, Zone PD 59, Section 24. Applicant: Desert Chapel. 2. CASE 5.0954 — PD 242 - TTM 28308 — DESERT CHAPEL — NW CORNER OF SUNRISE WAY AND SUNNY DUNES On January 21, 2004 Council continued this er to March 17, 2004 at p.m., to allow neighborhood meeting concerning the approva o PfftZ-15 Tvelopment District 242 and Tentative Tract Map 28308 to subdivide 3.22 acres into seven single family residential lots and three professional office lots, for property located on the northwest corner of Sunrise Way and Sunny Dunes. R-1-C, RMPH zones, Section 23. Applicant: Desert Chapel. PATRICIA A. SANDERS, MMC City Clerk Posted: 01-22-04 I m m m a n E:l m LEGEND: o LOTS 1-7 = SINGLE FAMILY RESIDENTIAL (100'X100') LOTS B-10 = PROFESSIONAL WillN - LOT 8 = NON-MEDICAL (5,400 aJ.) W LOT 9 = MEDICAL (3,000 s.f.) LOT 10 = MEDICAL (3,150 sf) 9 PARKING REQUIRED = 68 SPACES a PARKING PROVIDED = 68 SPACES 3: liar 7m N.T.S_ z n cn 8 1 2 3 4 5 6 7 •� SUNNY DUNES ROAD MAINIER0, SMI M AND ASSOCIATES, INC. �S i t t ' P h a n El—::X h I b f t p PUMNO /aM d MWERING/LAND SVRVNMG [7 7"X TAffQMAC"MN MAY, surfs eaf PALS SPRINGS f20l911 922R W3-793 SUNRISE WAY ANn SUNNY E>UNES N TESRPHON6 f766) 520-3811 /FAX �9-4 0 N Desert Chapel neighborhood meeting March 4, 2004 To discuss proposed residential/office building project on the northwest corner of Sunny Dunes Road and Sunrise Way. Staff in attendance: Doug Evans, Alex Meyerhoff, Lee Husfeldt and Marcus Fuller Twenty-four people attended the meeting. During the first 30 minutes (from 4 to 4:30 p.m.) neighbors reviewed the drawings and asked questions of Desert Chapel representatives and City staff. The meeting portion started at about 4:30 and went until about 6 p.m. During that time, the following questions were asked and comments made: Why can't there be a link to the mobile home park driveway? Aghast at the parking lot being on Sunny Dunes Concerned about the egress onto Sunny Dunes Don't allow egress onto Sunny Dunes Sanctity of 10,000 square foot lots (proposed lots are 9,900 and 9,300 square feet) Traffic calming on Sunny Dunes slowed the traffic down and got rid of 90 percent of the 18- wheelers. Now with the stoplight, it's easier for trucks to use Sunny Dunes. There are going to be backup problems on Sunny Dunes with what is proposed. This is changing the whole nature of the neighborhood, Neighbors did not know about the plans even though church officials say they've been in the works for sometime. Desert Chapel's use of the office buildings'for administrative purposes raises a concern that the parking lots might be used for overflow parking for special events at the churclf/school. It's a convenient shot across to the main campus. Being asked to give up some of the neighborhood for the expansion of Desert Chapel's campus. A Desert Chapel representative said they would park cars on the playing field before parking them across the street. A North Riverside Drive resident said after the traffic light was installed, she now gets about six 18-wheelers a day traveling her street. She'd like that stopped. What about posting weight limits on North Riverside? The trucks are going to the business dist. What is the current zoning on Sunny Dunes to the comer of Sunrise Way? (single family) Two office buildings with ingress and egress on Sunrise Way might be a better plan. (Perhaps there could be a break in the median on Sunrise to accommodate the ingress and egress) Perhaps keep the comer of Sunny Dunes and Sunrise residential and put two office buildings with parking between them on Sunrise. The parking lot on the west infringes on the neighborhood. Presently all the land in the proposal is zoned residential. Desert Chapel is requesting 3 changes. What guarantees are there that the parking lots wouldn't bp..used on weekends? If this is approved and Desert Chapel buys the vacant land by the wash and seeks a variance, wouldn't they get it because of the precedent this has set? What is the requirement for the divider running down Sunrise? (It might be possible to have a median break at the most northerly driveway. If there are two driveways on Sunrise for this project it might create some turning motions that are less than desirable. Eventually the median might go all the way south to East Palm Canyon.) Is the church going to pay taxes on that property? City staff is hearing that the group is concerned about any driveways to the office complex being on Sunny Dunes. Desert Chapel has massive growing pains. The organization is growing into something much, much larger than a church. It seems like the church pretty much is being allowed to do what it wants. Desert Chapel is changing the City's plan as it wants. They are getting out of the business of saving souls and (growing into something) that the neighborhood wasn't designed for. Neighbors presented alternative plans and two of the plans (Plan A and Plan B) were drawn by architects. The neighbors said there was a doable compromise and there was a suggestion to get a dialogue going. One plan shows the existing homes on the south side of Sunny Dunes lining up with residential lots on the north side. Desert Chapel representatives and the neighbors reviewed the alternative plans. The applicant (Desert Chapel) was asked by staff to look at all the information presented and let staff know what they can do and what they can't do in regards to the alternate plans. If they go with Plan A or Plan B, they would need to go back to the Planning Commission. The project is scheduled to go to the City Council on March 17. However, Desert Chapel can ask that the item be continued. If they do decide to revise their plans and go back to the Planning Commission, it would be 30 to 40 days before that meeting would take place and then another three to four weeks before going before the City Council. Staff asked Desert Chapel to let staff know as soon as possible if they want a continuance. 1 � nn-ti �4f-I'�a�J r-e51�•e ��'S >z3 -�Z`iS � tZd . 313 5�5��7 Jlvl ��vtXK (ZY3 ?c Sc �J 'Jb (ti 6,` 7 Ars �,o s 2,7 3 c wwl� RIMli �a� � G37o �5�7 5�1�� ��'i� w'� 3z), 2-77z IIi CLniJe fiko 73 z c- & T �n�01,2�u .. ,�/J:,-.. Cam+-F.e.S cam;✓ / fJ �. l S A,.i L.�C/F,�l u I �c -`1O ffG T /-/,4 u cl� / l7 l -f' l a-� 8�8 l � � Date: January21, 2004 To: City Council From: Director of Planning and Zoning CASE 5.0954-PD-242/TTM 28308-APPLICATION BY DESERT CHAPEL TO SUBDIVIDE 3.22 ACRES INTO EIGHT SINGLE FAMILY LOTS AND THREE PROFESSIONAL OFFICE LOTS, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND SUNNY DUNES, R-1-C AND RMHP ZONES, SECTION 23. RECOMMENDATION: The Planning Commission recommends City Council approval of PD-242 and TTM 28308 to subdivide 3.22 acres into seven (7) single family residential lots and three (3) professional office lots, subject to conditions in the attached resolution. SUMMARY: The applicant, Desert Chapel, proposes to subdivide 3.22 acres into eight (8) single family residential lots and three (3) professional office lots. The applicant also proposes to modify the R- 1-C standards for the residential lots and the Professional Zone (P) for the Professional lots. On December 17, 2003 the Planning Commission, by a vote of 7-0, recommended that the City Council approve the project with seven of the eight proposed residential parcels. The Commission also recommend that only a single project identification sign for the professional office complex be permitted. (Condition #21). Public comments regarding this project included the following issues: proposed lot sizes and larger single family lots to the south, type and locations of residential driveways on Sunny Dunes, and light and glare from headlights of vehicles using the office complex. BACKGROUND The General Plan designation for the subject site is L4 (Low Residential - 4 units per acre) along Sunny Dunes and MI5 (Medium Residential - 15 units per acre) along Sunrise Way. The Zoning designation is R-1-C along Sunny Dunes and RMHP(Residential Mobile Home Park)along Sunrise Way. The General Plan designation of M-15 and an R-2 Zoning standard are compatible and normally used together. The Planned Development District application has been submitted in-lieu of a change of zone to R-2 and staff has used the "P" zone as a point of comparison for property development standards. Professional office uses are allowed in the R-2 zone, with a conditional use permit, provided the property fronts on a Major Thoroughfare. Surrounding development includes the Desert Chapel church to the east, a commercial shopping center and a mobile home park to the north, and single family residential development to the west and south. 157M8 The applicant proposal was to modify the R-1-C Zone (10, 000 square feet lot size) standards for the single family residential lots and the "P" Zone standards for the professional office lots. The single family residential lots were proposed to range in size from 8,181 square feet to 9,099 square feet with a density of 4 units per acre,which are 81% to 90% of that required by right of zone. The setbacks are proposed to be 25 feet in the front, 8 feet in the side and 15 feet in the rear. The Planning Commission recommended deleting one lot thus making the remaining lots larger and wider. As of the writing a revised plan has not been submitted. Based upon the recommended lot reduction, staff recommends that no modifications to side yard setbacks be granted. Current code allows side yard setbacks to be 10% of the lot width. There is an existing mobile home park to the north that is zoned RMHP (density of 10 units per acre). The single family residential lots along the south side of Sunny Dunes Rd. are zoned R-1-C and are all 10,609 square feet in lot size. Architectural approval is not required forthe single family lots. In reviewing this application,the Planning Commission determined that through the elimination of one residential lot, the proposed residential portion of this subdivision would be more similar in nature to the existing pattern of single family development located on the south side of Sunny Dunes Way.. As proposed the project includes acres of 2.08 acres residential and 1.12 acres of professional land uses. The proposed residential lots would have a density of four units per acre If the entire site were developed with residential units, a maximum of 24 units would be permitted. However, the applicant has decided that residential uses located on a Major Thoroughfare are less than desirable. Thus, the applicant proposes a mixed use project, with business offices to be located on the Major Thoroughfare, and residential uses located on the Collector Street. The professional office lots are proposed to range in size from 20,952 square feet to 31,425 square feet in area. The P zone requires a minimum lot size of 20,000 square feet. Standards that are proposed to be modified include lot depth and allowing parking within the 25 foot front yard setback. Parking spaces are proposed to be 10 feet from the property line along Sunrise Way. The existing shopping center located north of the project site was approved with a 10 foot setback. Thus, the proposed parking lot would match the existing shopping center parking lot setback. In order to comply with the provisions of the P zone,the Planning Commission recommends a twenty- five (25) foot setback to the first parking space (s) (Condition No. 16) to provide proper stacking distance on a Major Thoroughfare. In order to comply with this standard,the final site plan will need to be revised and the applicant may be required to reduce or eliminate some building square footage. The subject proposal has parking spaces which back up into the driveways directly off of Sunrise Way and Sunny Dunes. The shopping center has a entry driveway which channels cars into parking isles which are not in conflict with project entries. The parking lot is proposed to have 77 spaces, while 79 are required for the mixed medical and non-medical office complex. If the project is analyzed using non-medical office uses, a maximum of 61 spaces would be required, and therefore the plan would exceed parking requirements. Some parking area will need to be relocated and/or eliminated to comply with the"P"zone requirements for a 25' landscaped front setback area without parking. The Commission was confident that the site can be designed to accommodate all of the required parking during the final planned development plan approval process. As a condition of approval, Commission recommended that the project be designed to comply with the parking ordinance. Access is proposed via a 26 foot driveway off of Sunrise Way and a 26 foot driveway off of Sunny Dunes Rd. The applicant is proposing to install a six (6)foot high masonry wall along the project IrA boundary, between the residences, office complex, parking lot and the mobile home park. As required by the ordinance, staff is recommending that the applicant screen the parking lot with a matching decorative masonry wall four feet high along Sunrise Way and Sunny Dunes Road. (Condition No.41). In addition, the Planning Commission recommended that a matching masonry wall be constructed between Lot 8 and Lot 9 to screen the parking lot for the single family residential lot (Conditions No. 22 and 33). Walls separating the project site from the mobile home parks should be constructed at the time of construction of the subdivision improvements. Individual side property line walls may be constructed with individual buildings. (Conditions No. 22 and 33). The Planning Commission recommends that the applicant: relocated the existing curb along Sunrise Way and; construct a 14-foot wide landscaped raised median island along Sunrise Way between Sunny Dunes and the north property line. The subject site is located approximately fifty feet south of the Baristo Flood Control Channel and the commercial shopping center located at the southwest corner of Ramon Rd. and Sunrise Way. Engineering staff had originally recommended that the Planning Commission require the applicant to construct half of a box culvert. Engineering has since determine that when the shopping center was originally approved,the developer(John Wessman)signed a covenant to construct the entire Baristo Channel box culvert. Based upon this research, Engineering staff modified the recommended condition of approval to delete the box culvert requirement and still recommends that Desert Chapel complete the street improvements between the subject property and the box culvert (adjacent to Ramon Mobile Home Park). The Planning Commission is also recommending the construction of street improvements to match the improvements required for the shopping center. SURROUNDING ZONING/LAND USE: North: RMHP and C-D-N/ Mobile home Park and commercial South: R-1-C/Single Family Residences East: R-1-C/Church West: R-1-C/Single Family Residences ENVIRONMENTAL ASSESSMENT AND NOTIFICATION: Pursuant Section 15332 of the to the California Environmental Quality Act (CEQA) guidelines, as in urban in-fill project less than five acres in area,the project is exempt from environmental review. It is anticipated that the project site may generate approximately 661 average daily trips. A traffic signal has recently been installed at the intersection of Sunny Dunes and Sunrise Way. The Planning Commission is recommending installation of a median island as a condition of approval. SPr1 � Property owners within 400 feet of the subject site were notified. The owner of the Ramon Mobile Home Park visited staff to review the project and after viewing the project indicated that they are supportive of this application. ATTACHMENTS: 1. Vicinity Map 2. Map 3. Planning Commission minutes, Dec. 17, 2004 4. Correspondence 5. Resolution 6. Conditions of Approval I I Robert Hazucha 1471 E San Lucas . Palm Springs CA 92264-8191 ?' Phone . 1.888.231.0196 Email go-rh@att.net �J March 16, 2004 Dear Ginny Foat, RE: Desert Chapel Planned Development District on Sunrise Way at E, Sunny Dunes and Tentative Tract Maps The enclosed alternative plans are the suggestions presented at the March e, 2004 Office Of Neighborhood Involvement and Public Participation Meeting. Designed by Open Atelier architects expressly to address the primary neighborhood concerns of a parking lot exit onto E. Sunny Dunes, as well as the parking lot itself on E. Sunny Dunes. The fact that the residential lots did not conform to the neighborhood standard of 10,000 sq. ft. in the existing plan was also of great concern. The alternative ideas were met with enthusiasm by both Michael Lindley and Frank Marshall, representatives of the Desert Chapel. It seems that the primary remaining stumbling block appears to be the median strip on Sunrise Way. The median strip seems to be the tail wagging the dog from both the neighborhood and developer perspectives. It is suggested with consensus with both parties that the median be eliminated at best or have two breaks inserted at both egress points on Sunrise Way to allow traffic to make left turns with out routing traffic back onto Sunny Dunes. It has been suggested by Doug Evans that the City Council is the only authority that can effect this change to the proposed median. We hope you give this serious consideration. Sincerely, G Robert Hazucha V; agoix re. i� 4 � I —' �11 `v`avi'r�rt I Ypa"iCFido 11 r — a � Yam. „,. III Fj� I.fri IT4MIM WA n r 7� ooulc' ! pt ff a1 a Free" E � 1 JAI ,. > 5 WN p gg a ga�ii'466§i G1; to �� a 66§ �€ RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0954-PD-242/TTM 28308, A PRELIMINARY PLANNED DEVELOPMENT DISTRICT AND A TENTATIVE TRACT MAP, TO SUBDIVIDE 3.22 ACRES INTO SEVEN(7)SINGLE FAMILY RESIDENTIAL LOTS AND THREE(3) PROFESSIONAL OFFICE LOTS FOR FUTURE DEVELOPMENT, SUBJECT TO THE CONDITIONS STATED, LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND SUNNY DUNES, R-1-C AND RMHP ZONES, SECTION 23. WHEREAS, the Desert Chapel, (the"Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Planned Development District and Tentative Tract Map to subdivide 3.22 acres into eight(8)single family residential lots and three (3) professional office lots at the northwest corner of Sunrise Way and Sunny Dunes (the "Project"), R-1-C and RMHP Zones, Section 23; and WHEREAS, the Applicant has filed an application for Planned Development District 242 and Tentative Tract Map 28308 with the City and has paid the required filing fees; and WHEREAS, the General Plan designation for the subject site is L4 (Low Residential - 4 units per acre) along Sunny Dunes and M15 (Medium Residential - 15 units per acre) along Sunrise Way; and WHEREAS, the General Plan designation of M-15 and a R-2 Zone standard are compatible and normally used together; and WHEREAS, the Planned Development District application has been submitted in-lieu of a change of zone to R-2; and WHEREAS, "P" Professional office uses are allowed by conditional use permit in the R-2 zone provided the property fronts on a Major Thoroughfare; and WHEREAS, the "P" zone has been used as a point of comparison for property development standards for those professional offices; and WHEREAS, said Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Planned Development District 242 and Tentative Tract Map 28308 were given in accordance with applicable law; and WHEREAS, on December 17, 2003, a public hearing on the application for Planned Development District 242 and Tentative Tract Map 28308 was held by the Planning Commission in accordance with applicable law; and IrL WHEREAS, the Planning Commission 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, all environmental data and all written and oral testimony presented. WHEREAS, on December 17, 2003, the Planning Commission in accordance with applicable law voted to reduce the number of residential lots from eight (8)to seven (7) and recommend that the City Council approve the proposed project, subject to conditions; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Planned Development District 242 and Tentative Tract Map 28308 were given in accordance with applicable law; and WHEREAS, on January 21, 2004, a public hearing on the application for Planned Development District 242 and Tentative Tract Map 28308 was held by the City Council in accordance with applicable law; and WHEREAS, on January 21, 2004, following the public hearing on the application for Planned Development District 242 and Tentative Tract Map 28308, the City Council directed staff to meet with the applicant and community to develop a solution which addressed community concerns; and WHEREAS, on March 4, 2004, a community meeting was conducted, where the neighbors and applicant had an opportunity to discuss the project; and WHEREAS, at the community meeting residents presented a revised site plans which provided alternative design scenarios for the applicant to consider; and WHEREAS, the applicant reviewed the neighborhood input suggestions and submitted a redesigned site plan which incorporated some of the neighborhood's suggestions for review on March 9, 2004; and WHEREAS,a revised site plan incorporates a numberof suggestions requested bythe community; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision,Tentative Tract Map 28308,on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and WHEREAS, the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act ("CEQA") guidelines, the City Council finds that the proposed planned development district and subdivision are considered an in-fill development, are less than five acres in area are substantially surrounded by urban development, and have all utility services available at the project site, and are therefore exempt from further environmental review under state law; and /I',. C OW WHEREAS, the City Council 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, all environmental data and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that pursuant to Section 15332 of the California Environmental Quality Act ("CEQA") guidelines, the proposed planned development district and subdivision are considered an in-fill development, are less than five acres in area are substantially surrounded by urban development, and have all utility services available at the project site, and are therefore exempt from further environmental review under state law; and Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is M15 and L4, medium and low density residential, respectively. The General Plan would allow twenty-four (24) dwelling units on the project site. The applicant is proposing eight(8) units and therefore, is well within the density parameters of the General Plan.The General Plan designation of M15 and an R-2 Zoning standard are compatible and normally used together. The Planned Development District application has been submitted in-lieu of a change of zone to R-2. Professional Office use is allowed in the R-2 zone provided the property fronts on a Major Thoroughfare, The City Council has used the "P" zone for property development standards. 2, The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices,and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 28308. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The City Council finds that the site is appropriate for the development of seven (7) single family residential lots and three (3) professional parcels, on 3.2 acres of land. The proposed development is well under the maximum allowable density of twenty-four (24) units, as permitted under the General Plan and Zoning Code. There will be no incompatibility issues as the subject property is surrounded by a single-family residential /. C3 use to the south and west, a church to the east, and a mobile home park to the north. The applicant proposes a mixed use projectwith professional offices on the major thoroughfare and low density residential development on the secondary thoroughfare that will be compatible with the surrounding neighborhood. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site is surrounded by urban development on all four directions. The site has not been previously identified as habitat area. The design of the proposed subdivision or the proposed improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to,the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large,for access through or use of, property within the proposed subdivision. The applicant will be required to install the required street improvements as part of the project. Section 4: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. The General Plan designation of M15 and an R-2 Zoning standard are compatible and normally used together.The Planned Development District application has been submitted in-lieu of a change of zone to R-2 and staff has used the"P"zone as a point of comparison for property development standards. Professional office uses are allowed in the R-2 zone, with a conditional use permit, provided the property fronts on a Major Thoroughfare. Pursuant to the Zoning Ordinance for the underlying R-1-C zone,single-family residential development is a permitted uses. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. This mixed use project is in harmony with the objectives of the General Plan, is desirable for the development of the community and is not detrimental to the existing or future uses /S000C specifically permitted in the zone for which it is proposed. The revised site plan results in increased size for the single family residential lots, to minimum 10,000 square feet in area, 100' by 100' lots, which are consistent with development on the south side of Sunny Dunes and comply with Section 92.01.03 of the Zoning Ordinance, R-1-C zone development standards.The revision results in a reduction in the number of residential lots originally proposed from eight to seven. The increase in lot area, lot size and reduction in the number of lots addressed community concerns that the proposed lots are designed according to the R-1-C standards and match existing development patterns on the south side of Sunny Dunes. The revised site plan results in the elimination of the commercial driveway on Sunny Dunes. This driveway has been relocated to Sunrise Way. A break of the proposed landscape median which will be constructed as a result of this project, to allow left-in and left-outturning movements.The elimination of the drivewayalong Sunny Dunes addresses concerns about additional commercial traffic to Sunny Dunes. The revise plan results in reduced setbacks to the parking lot along Sunny Dunes and Sunrise Way. The "P" Professional zone standards require a 25' landscape setback from the street to parking area, the strict implementation of these code provisions would result in the elimination of sixteen (16) parking spaces, nine (9)along Sunny Dunes and seven (7) on Sunrise. This would result in non-compliance with the Section 94.06.00 of the Parking Ordinance. To address the neighbor concerns, the applicant is proposing a 10' landscaped setback to the street frontages. These setbacks would include decorative block walls 4' in height, which would serve to screen vehicles in the parking areas, and reduce their visibility. The twenty-five (25') landscaped setback to parking along Sunny Dunes Way addresses concerns about the aesthetic impacts of the project. C. The site for the intended use 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 3.2 acres and is of adequate size to accommodate said use. Pursuant to the development standards for the R-1-C and RMHP zone, limited single-family residential and mobile home park zone standards, respectively, the proposed project presents a more creative approach in the development of land and creates a harmonious in-fill development in a single and multiple family neighborhood. Surrounding street facades are staggered with multi-level structures,walls,courtyards and pedestrian access ways. The intent of the project is to blend with the adjacent neighborhood rather than stand apart as a walled and gated island. This Planned Development District intends to maintain good zoning practices while including certain desirable departures from the strict provisions of the R-1-C and RMHP zoning classifications. Therefore, it is determined that the site for the intended use is adequate in size and shape to accommodate seven (7)single family residential parcels and the three (3) professional parcels. d. 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. 1�C 500 The proposed project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. f. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of way to the City and the off-site improvements as related to the tentative parcel map. The right-of-way dedication and off-site improvements,which are required by the Zoning Ordinance, are related to the project since the project access must use Sunrise Way and Sunny Dunes. Also, the purpose of the right-of-way dedication for Sunrise Way along the eastern property boundary is to concur with the dedication of the subject street to match the commercial shopping center located to the immediate north. Currently, the subject property is vacant. Future property owners will benefit from any improvements made to Sunrise Way and Sunny Dunes such as dedication of easements,sidewalks/bikepaths and future widening. The required dedication of right-of way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case No. 5.0954, Planned Development District 242 and Tentative Tract Map 28308, subject to those conditions set forth in the Exhibit A on file in the Department of Planning and Zoning, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED THIS 17th DAY OF March , 2004. AYES: NOES: ABSENT: ABSTENTION: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Y RESOLUTION NO. EXHIBIT A CASE NO. 5.0954-PD-242, TTM 28308. DESERT CHAPEL 1420 EAST SUNNY DUNES ROAD AND 657 SUNRISE WAY SOUTH APN# 508-231-005 and 508-240-010 ZONE R-1-C/RMHP, SECTION 23, T4S,R4E, SBBM REVISED CONDITIONS OF APPROVAL MARCH 17, 2004 Before final acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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 5.0954-PD-242, TTM 28308. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter, be responsible to defend, indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the 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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife,and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall 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 %2% for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 7. The final development plans shall show seven (7)residential lots and three(3)professional lots. 8. Perimeter walls shall be designed, installed and maintained in accordance with the corner cutback requirements as required in Section 93.92.00D. A six foot decorative block wall shall be required between the individual residential lots, professional offices and mobile home park, and between the professional office complex and the residential lots. The parking lot shall be screened by a 4' decorative block wall, landscaping or berms, or a combination thereof. These walls shall be installed at the time of the subdivision improvements. CC&R's 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 11. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 12. 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 ofthe Interior's Standards and Guidelines,shall be employed to surveythe area for the presence of cultural resources identifiable on the ground surface. 13, Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Off ice for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and,if necessary,the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design - Professional Lots 14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 15. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 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 &Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings,down-lights shall be utilized. 17. The first parking spaces shall be located 25 feet from the property line on Sunny Dunes Way. 18. A reciprocal access agreement shall be recorded between property owners of the commercial lots as part of the final map or shown on the map regarding the main driveways and connector driveways, per the approved plan. 19. The developer shall install the property line wall on the north and west property lines at the time of subdivision improvements. 20. The project must comply with Section 93.06.00 (Off Street Parking), 21. The project must comply with Section 93.03.01.c.9.b regarding sinage for the office complex. The only sign allowable is a single identification sign for building complex identification. Final Design - Residential Lots 22. The applicant shall submit a street frontage master landscape plan, which shall include trees, shrubs and groundcover, to the Director of Planning and Zoning for approval. This can be in the format of a written landscape program and plant list. 23. Architectural approval is not required for the single family lots. 24. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 25. The design, height and texture and color of the buildings, fences and walls shall be submitted for review and approval priorto issuance of building permits.A six foot decorative block wall shall be constructed along the property line with the mobile home park and between the residential units. Walls separating the project site from the mobile home park along the entire north property line shall be constructed at the time of the construction of the subdivision improvements. Individual side property line walls may be constructed with individual buildings. 26. The street address numbering/lettering shall not exceed eight inches in height. GENERAL CONDITIONS/CODE REQUIREMENTS 27. Planned Development Districts and Tentative Tract Maps 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. 28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 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. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 32. All materials on the flat portions of the roof shall be earth tone in color. 33. All awnings shall be maintained and periodically cleaned. 34. All roof mounted mechanical equipment shall be screened from all possible 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. Parapets shall be at least 6" above the equipment for the purpose of screening. 35. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 36. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 37. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 38. 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. 39. 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. 40. The applicant shall provide all tenants with Conditions of Approval of this project. 41. 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". 42, 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. 43. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 44. 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. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. 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. 47. 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. 48. 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. 49. 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. 50. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. ENGINEERING The Engineering Division recommends that if this application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 51. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 52. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. SUNRISE WAY 53. Off-site street improvements shall be constructed adjacentto the property identified as APN 508-240-009 consisting of removal of existing street improvements and construction of street widening of curb and gutter to 38 feet west of centerline and construction of an adjacent combination sidewalk and bicycle path, including construction of a new driveway approach to replace the existing driveway approach. This work shall be coordinated with the extension of the Baristo Channel box culvert, to be widened by others. This condition shall not be required in the event widening of the Baristo Channel box culvert does not occur. 54. Remove the existing 6 inch curb and gutter located 32 feet west of centerline and replace with a 6 inch curb and gutter located 38 feet west of centerline along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 55. Construct two wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201, as shown on the approved site plan. 56. Construct a 12 feet wide combination sidewalk and bicycle path along the entire South Sunrise Way frontage, subject to final design. The construction shall be meandering or adjacent to curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The sidewalk design and layout shall be subject to final design approval by the Director of Planning and Zoning. 57. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 212. 58. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer along the entire frontage. Provide a left turn pocket at Sunny Dunes Road. The median nose width shall be constructed 4 feet wide and shall have cobblestone paving or low level landscaping, as approved by the Director of Planning and Zoning. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Developer shall annex the property to an existing City Landscape Maintenance District for maintenance of the future landscaped median island and pay all associated fees for the annexation if a District exists at the time the median is constructed. 59. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SUNNY DUNES ROAD 60, Remove the existing curb and gutter located 18 feet north of centerline and replace with 6 inch curb and gutter located 20 feet north of centerline and match existing improvements on Sunny Dunes Road, with a 35 feet radius curb return at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200. 61. Remove the existing catch basin at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way and construct a new catch basin of similar width and depth, and connect to the existing storm drain system in Sunny Dunes Road, in accordance with Riverside County Flood Control (RCFC)standards. Proposed removals and relocations of storm drain improvements shall be subject to the approval of RCFC and the City Engineer. 62. Deleted. 63. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 64. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along that portion of the project frontage where curb relocation and street widening is required, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. 65. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. CALLE AMIGOS 66. Construct a 6 inch curb and gutter 18 feet east of centerline along the entire frontage to match existing improvements at the northeast corner of the intersection of Calle Amigos and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 67. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 68. Remove and replace existing pavement with a minimum pavement section of 2Yz inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, orequal,from edge of proposed gutterto clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 69. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. SANITARY SEWER 70. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 71. Dedicate to the City of Palm Springs an easement for sewer purposes across Lots 9, 10, and 11 in a location approved by the City Engineer. 72. Construct an 8 inch sewer main across Lots 9, 10, and 11 in a location approved by the City Engineer and connect to the existing sewer main located in Sunny Dunes Road. 73. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. GRADING 74. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report 75. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3'wide and 6"deep, to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025(c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the Building Department for mitigation measures of erosion/blowsand relating to his property and development. 78, A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 79. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 80. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 81. Stormwater runoff may be conducted off-site to existing master storm drain facilities within Sunny Dunes Road in accordance with the Master Drainage Plan for the Palm Springs Area. Provisions for the interception of nuisance water from entering 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 adjacent to the public streets, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 82. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 83. The minimum pavement section for all on-site parking areas shall be 2'/z inch asphalt concrete pavement over 4-inch aggregate 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. 84. The on-site parking lot shall be designed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 85. 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. 86. 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 transacting,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. Existing overhead utility pole and overhead utility lines located on the property meet the requirement to be installed underground.The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 87. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 88. 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. 89. 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 93.02.00 D. 90. 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 91. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 92. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. 93. An access easement shall be reserved across Lots 9, 10 and 11, for the purposes of shared access to adjacent public streets. 94. Rights of access to Sunrise Way shall be restricted adjacent to Lots 9 and 10 on the final map. TRAFFIC 95. The developershall relocate trafficsignal equipment(as necessary)at the northwest corner of Sunrise Way and Sunny Dunes Road. If traffic signal equipment relocation is required, traffic signal modifications shall be shown on traffic signal improvement plans prepared by a Registered Civil or Traffic Engineer and submitted to the Engineering Division for review and approval. 96. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the South Sunrise Way, East Sunny Dunes Road, and Calle Amigos frontages of the subject property. 97. Submit traffic striping and signage plans for Sunrise Way prepared by a California registered Civil or Traffic Engineer to the Engineering Division for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer,and priorto issuance of a Certificate of Occupancy. 98. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 99. 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. 100. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. RESOLUTION NO. EXHIBIT A CASE NO. 5.0954-PD-242, TTM 28308. DESERT CHAPEL 1420 EAST SUNNY DUNES ROAD AND 657 SUNRISE WAY SOUTH APN# 508-231-005 and 508-240-010 ZONE R-1-C/RMHP, SECTION 23, T4S,R4E, SBBM MARCH 17, 2004 Before final acceptance of the project,all conditions listed belowshall be completed to the satisfaction of the City Engineer, the Director of Planning, 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 5.0954-PD-242, TTM 28308. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not,thereafter, be responsible to defend,indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. / mac *7 3. That the propertyowner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife,and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. This projectshall 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 Y2% for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 7. The final development plans shall show seven (7)residential lots and three(3)professional lots. 8. Perimeter walls shall be designed, installed and maintained in accordance with the corner cutback requirements as required in Section 93.92.00D. A six foot decorative block wall shall be required between the individual residential lots, professional offices and mobile home park, and between the professional office complex and the residential lots. The parking lot shall be screened by a 4' decorative block wall, landscaping or berms, or a combination thereof. These walls shall be installed at the time of the subdivision improvements. CC&R's 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney,to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in 150069 accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 11. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 12. 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. 13. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologistto investigate and, if necessary,the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design - Professional Lots 14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. /�� 15. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 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 &Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 17. The first parking spaces shall be located 25 feet from the property line on Sunny Dunes Way. 18. A reciprocal access agreement shall be recorded between property owners of the commercial lots as part of the final map or shown on the map regarding the main driveways and connector driveways, per the approved plan. 19. The developer shall install the property line wall on the north and west property lines at the time of subdivision improvements. 20. The project must comply with Section 93.06.00 (Off Street Parking). 21. The project must comply with Section 93.03.01.c.9.b regarding sinage for the office complex. The only sign allowable is a single identification sign for building complex identification. Final Design - Residential Lots 22. The applicant shall submit a street frontage master landscape plan, which shall include trees, shrubs and groundcover, to the Director of Planning and Zoning for approval. This can be in the format of a written landscape program and plant list. 23. Architectural approval is not required for the single family lots. 24. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 25. The design, height and texture and color of the buildings, fences and walls shall be submitted for review and approval priorto issuance of building permits.A six foot decorative block wall shall be constructed along the property line with the mobile home park and between the residential units. Walls separating the project site from the mobile home park along the entire north property line shall be constructed at the time of the construction of the subdivision improvements. Individual side property line walls may be constructed with 15zlo individual buildings. 26. The street address numbering/lettering shall not exceed eight inches in height. GENERAL CONDITIONS/CODE REQUIREMENTS 27. Planned Development Districts and Tentative Tract Maps 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. 28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 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. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 32. All materials on the flat portions of the roof shall be earth tone in color. 33. All awnings shall be maintained and periodically cleaned. 34. All roof mounted mechanical equipment shall be screened from all possible 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. Parapets shall be at least 6" above the equipment for the purpose of screening. 35. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 36. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 37. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 38. 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. 39. 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. 40. The applicant shall provide all tenants with Conditions of Approval of this project. 41. 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". 42. 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. 43. Compact and handicapped spaces shall be appropriately marked per Section 93.06,OO.C.10. 44. 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. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. 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. 47. 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. 48. 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. 49. 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. 50. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. pe;M60C Its. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 51. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 52. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. SUNRISE WAY 53. Off-site street improvements shall be constructed adjacent to the property identified as APN 508-240-009 consisting of removal of existing street improvements and construction of street widening of curb and gutter to 38 feet west of centerline and construction of an adjacent combination sidewalk and bicycle path, including construction of a new driveway approach to replace the existing driveway approach. This work shall be coordinated with the extension of the Baristo Channel box culvert, to be widened by others. This condition shall not be required in the event widening of the Baristo Channel box culvert does not occur. 54. Remove the existing 6 inch curb and gutter located 32 feet west of centerline and replace with a 6 inch curb and gutter located 38 feet west of centerline along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 55. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 430 feet north of the centerline of Sunny Dunes Road. Access shall be limited to one location, as shown on the approved site plan. 56. Construct a 12 feet wide combination sidewalk and bicycle path along the entire South Sunrise Way frontage, subject to final design. The construction shall be meandering or adjacent to curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The sidewalk design and layout shall be subject to final design approval by the Director of Planning and Zoning. 57. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 212. /Sooz! 13 58. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer along the entire frontage. Provide a left turn pocket at Sunny Dunes Road. The median nose width shall be constructed 4 feet wide and shall have cobblestone paving or low level landscaping, as approved by the Director of Planning and Zoning. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Developer shall annex the property to an existing City Landscape Maintenance District for maintenance of the future landscaped median island and pay all associated fees for the annexation if a District exists at the time the median is constructed. 59. Remove and replace existing pavementwith a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. SUNNY DUNES ROAD 60, Remove the existing curb and gutter located 18 feet north of centerline and replace with 6 inch curb and gutter located 20 feet north of centerline and match existing improvements on Sunny Dunes Road, with a 35 feet radius curb return at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200. 61. Remove the existing catch basin at the northwest corner of the intersection of Sunny Dunes Road and Sunrise Way and construct a new catch basin of similar width and depth, and connect to the existing storm drain system in Sunny Dunes Road, in accordance with Riverside County Flood Control (RCFC)standards. Proposed removals and relocations of storm drain improvements shall be subject to the approval of RCFC and the City Engineer. 62. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 255 feet west of the centerline of Sunrise Way. Access to the professional use properties (Lot 9) shall be limited to one location, as shown on the approved site plan. 63. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 64. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along that portion of the project frontage where curb relocation and street widening is required, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. Irc ,V. 65. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. CALLE AMIGOS 66. Construct a 6 inch curb and gutter 18 feet east of centerline along the entire frontage to match existing improvements at the northeast corner of the intersection of Calle Amigos and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No. 200. 67. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 68. Remove and replace existing pavement with a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 69. All broken or off-grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. SANITARY SEWER 70, Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 71. Dedicate to the City of Palm Springs an easement for sewer purposes across Lots 9, 10, and 11 in a location approved by the City Engineer. 72. Construct an 8 inch sewer main across Lots 9, 10, and 11 in a location approved by the City Engineer and connect to the existing sewer main located in Sunny Dunes Road. 73. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. GRADING 74. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report 75. Drainage swales shall be provided adjacent to all curbs and sidewalks, T wide and 6"deep, to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the Building Department for mitigation measures of erosion/blowsand relating to his property and development. 78. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 79. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 80. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 81. Stormwater runoff may be conducted off-site to existing master storm drain facilities within Sunny Dunes Road in accordance with the Master Drainage Plan for the Palm Springs Area. Provisions for the interception of nuisance waterfrom entering 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 adjacent to the public streets, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Ir C /(a 82. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 83. The minimum pavement section for all on-site parking areas shall be 2'/z inch asphalt concrete pavement over 4-inch aggregate 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. 84. The on-site parking lot shall be designed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 85. 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. 86. 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/ortransecting,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. Existing overhead utility pole and overhead utility lines located on the property meet the requirement to be installed underground.The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 87. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. fs Cl7 88. 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. 89. 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 93.02.00 D. 90. 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 91. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 92. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. 93. An access easement shall be reserved across Lots 9, 10 and 11, for the purposes of shared access to adjacent public streets. 94. Rights of access to Sunrise Way shall be restricted adjacent to Lots 9 and 10 on the final map. TRAFFIC 95. The developershall relocate traffic signal equipment(as necessary)at the northwest corner of Sunrise Way and Sunny Dunes Road. If traffic signal equipment relocation is required, traffic signal modifications shall be shown on traffic signal improvement plans prepared by a Registered Civil or Traffic Engineer and submitted to the Engineering Division for review and approval. 96. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the South Sunrise Way, East Sunny Dunes Road, and Calle Amigos frontages of the subject property. 97. Submit traffic striping and signage plans for Sunrise Way prepared by a California registered Civil or Traffic Engineer to the Engineering Division for review and approval. 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. 98. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 99. 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. 100. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. sc � i