Loading...
HomeMy WebLinkAboutRes No 1826PLANNING COMMISSION RESOLUTION NO. 1826 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL OF A REQUEST BY LOWE ENTERPRISES COMMERCIAL GROUP, INC., FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL TO DISTRICT COMMERCIAL, A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO DISTRICT COMMERCIAL (PC2), PRECISE PLAN OF DESIGN FOR A 125,000 SQUARE FOOT RETAIL COMMERCIAL CENTER, AMENDMENT TO THE EXISTING DEVELOPMENT AGREEMENT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR AN 11.95 ACRE SITE AT THE SOUTHWEST CORNER OF EL PASEO AND HIGHWAY 1 1 1. CASE NOS. GPA 97-3, C/Z 97-9 AND PP 97-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July, 1997, hold a duly noticed public hearing to consider the request of LOWE ENTERPRISES COMMERCIAL GROUP, INC., for approval of the above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify recommending approval of the above noted cases: GENERAL PLAN AMENDMENT: The change of land use designation from Office Professional to District Commercial will be more in keeping with the retail commercial use of the Highway 1 1 1 corridor. CHANGE OF ZONE: 1. The proposed change of zone will be consistent with the policies of the adopted Palm Desert General Plan. 2. The land use resulting from the change of zone will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 1826 PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. DEVELOPMENT AGREEMENT: The proposed changes to the development agreement will be consistent with the intent of the approved zone change and precise plan of design. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of General Plan Amendment No. 97-3 (Exhibit "A" attached), Change of Zone 97-9 (Exhibit "B" attached), Precise Plan 97-9 on file in the Department of Community Development, and amendments to Ordinance No. 590, the existing Ahmanson Development Agreement (Exhibit "C" attached) is recommended for approval to the City Council, subject to conditions (Exhibit "D" attached). 3. That a Negative Declaration of Environmental Impact, Exhibit "E" attached, be recommended for approval to the City Council. PASSED, APPROVED and ADOPTED at a regular m Commission, held on this 19th day of August, 1997 AYES: BEATY, CAMPBELL, FERNAND NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE ATTEST.: /u D PHILIP DRELL, jSecretary Palm Desert PI nning Commission Z, jel.'41 ing of t Palm Desert Planning •Il•/ g vote, to wit: FE USON, Chairperson 2 .C. 3) P.C.(4) r- �.• P.C.(3) 7 P.R.-22 A.H.D. ! P.C.(3) S.P. 00 ' o►P4 I iiiiitleii 141_ Itii!! I l , P. 1:.:::ce iumuu room: imam' Nimmiat vUHII . ■! PALM DESERT " TOWN -NTER P.C.(3) S.P, T.� LAND USE DESIGNATION CHANGE FROM OFFICE PROFESSIONAL to DISTRICT COMMERCIAL �r �1y CITY OF PALM DESERT 1K-1-r CCase No. 97-3 PLANNING COMMISSION A GPA RESOLUTION NO. ,. t ram;' IL J CITY OF PALM DESERT Chang K tr Case Noa 97-9PLANNING COMMISSION RESOLUTION NO. 1826 Date AUGUST 19, 1997 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-0574 Attention: City Manager fFee Exempt - Govt. Code &61031 (Space above for Recorder's Use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT between THE CITY OF PALM DESERT a municipal corporation, and ACD2 a California corporation [Dated as of ,1997 for reference purposes only] RVPt,BUCKR\30606 821r97 16:15 1. PARTIES AND EFFECTIVE DATE. 1.1 Parties to First Amendment. This First Amendment to Development Agreement ("First Amendment") is entered into between (i) The City of Palm Desert ("City"), a municipal corporation, and (ii) ACD2 ("Developer"), a California corporation. This First Amendment is dated as of , 1997, for reference purposes only. 1.2 Effective Date. This First Amendment shall become effective on the date "Effective Date" on which all the following are true: (i) this First Amendment has been executed by Developer's duly authorized officers and officials and delivered to the City, (ii) this First Amendment has been approved by ordinance of the City Council and such ordinance has become effective, (iii) this First Amendment has been duly executed by the Mayor and delivered to the Developer, and (iv) the Precise Plan of Design, General Plan Amendment and Zoning Change (described in Recital 2.2 below) have become effective. 1.3 Recordation. The City and the Developer hereby consent to the recordation of this First Amendment in the Official Records of Riverside County, California, at any time following the Effective Date. 2. RECITALS. 2.1 The City and the Developer are parties to that certain Development Agreement dated May 1, 1990 (adopted by City Ordinance No. 590), and recorded in Riverside County Official Records on June 20, 1990, as Instrument No. 227140 ("Original Development Agreement"). Portions of the real property which was subject to the Original Development Agreement have been sold by ACD2 to various parties and such portions are no longer subject to the Original Development Agreement, nor will they be subject to this First Amendment. The real property which will be subject to this First Amendment is legally described on the attached Exhibit A. Such property is described as "Site Area 1" in the Original Development Agreement. RVPUB\KICR\30606 -1- 8/21%97 16:15 2.2 The Developer has submitted to the City a Precise Plan of Design ("PP97-9") pursuant to the City's Municipal Code for the development of Site Area 1. In connection therewith and as a necessary prerequisite to the development of Site Area 1 as proposed by PP97-9, the Developer has submitted applications for amendments to the City's General Plan ("GPA97-3") and the City's Zoning Code ("C/Z97-9"), to redesignate the allowable land uses for Site Area 1 from its current designation as "Office Professional" to "District Commercial (PP-2)". 2.5 Contingent upon the City's approval of PP97-9, GPA97-3, and C/Z 97-9, the City and the Developer have agreed to amend the Original Development Agreement, in the mariner set forth in this First Amendment, to allow development of Site Area 1 in a manner consistent with PP97- 9, GPA 97-3, and C/Z 97-9. 3. TERMS. 3.1 Effect Upon Original Development Agreement; Affirmations; Representations. (1) From and after the Effective Date of this First Amendment, wherever the term "Agreement" is used in the Original Development Agreement, it shall mean the Original Development Agreement, as amended by this First Amendment. All initially capitalized terms used, but not otherwise defined herein, shall have the same meanings as given to them in the Original Development Agreement. Other than as expressly amended herein, the Original Development Agreement remains in full force and effect in accordance with its terms. (2) The City and the Developer each hereby ratify and reaffirm each and every one of their obligations under the Original Development Agreement, except to the extent that the same are amended by this First Amendment. (3) As material consideration to each party: RVP[.BhKKR'30606 -2- 821'97 16:15 (i) As to Site Area 1,the Developer represents and warrants to the City that, as of August 1, 1997, to the Developer's actual current knowledge, the City is not in default under the Original Development Agreement and no events have occurred which, with the passage of time, giving of notice or both, would constitute a City default under the Original Development Agreement. (ii) As to Site Area 1,the City represents and warrants to the Developer that, as of August 1, 1997, to the City's actual current knowledge, the Developer is not in default under the Original Development Agreement and no events have occurred which, with the passage of time or the giving of notice, or both, would constitute a Developer default under the Original Development Agreement. (iii) The City and the Developer agree that there have been no written or verbal modifications, amendments, or other changes to the Original Development Agreement, except as expressly set forth in this First Amendment. 3.2 Amendment of Section 2.2 of Original Development Agreement. Section 2.2 of the Original Development Agreement is deleted in its entirety and replaced with the following: "2.2 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall terminate on May 1, 2005, unless sooner terminated or extended as hereinafter provided." 3.3 Addition of New Section 12.11 to Original Development Agreement. A new Section 12.11 is added to the Original Development Agreement to read as follows: "Section 12.11. Gourmet Food Market Development Upon Site Area 1. Developer shall provide that the improvements to be constructed on Site Area 1 will include a gourmet food market having a gross floor area of no less than 25,000 square feet and no greater RVPL13\KKR\30606 -3- 8/21/97 16:15 than 30,000 square feet. Upon demonstration to the City's reasonable satisfaction, the City may permit substitute equivalent quality tenants in lieu of the gourmet food market. The Developer shall also ensure that any restaurants in Building Pads 1 and 2 and the Highway 111 Restaurant Pad (as identified on PP97-9) shall be sit-down restaurants, or as approved by the City in its reasonable discretion." 3.4 Addition of New Section 12. 12 to Original Development Agreement. A new Section 12.12 is added to the Original Development Agreement to read as follows: "Section 12.12. Replacement of Existing Businesses. It is the intent of the Developer that the Developer attract new businesses to locate within the improvements to be constructed on Site Area 1 (as provided by PP97-9) ("Site Area 1 Improvements"). For that reason, the parties agree that should the Developer or any successor -in - interest to the Developer sell or lease any portion of the Site Area 1 Improvements to any Qualified Existing Business (as hereinafter defined) for the operation in the Site Area 1 Improvements of substantially the same business as that being operated in its existing location, and if, at any time prior to or within six (6) months following the opening for business of the Qualified Existing Business at the Site Area 1 Improvements, the Qualified Existing Business ceases operations at its existing location solely by reason of the Qualified Existing Business' relocation to the Site Area 1 Improvements, then the Developer shall locate a Satisfactory Replacement Business (as hereinafter defined) which shall be willing to enter into a contractual commitment to the effect that the Satisfactory Replacement Business shall open for business within six months following the closure of the Qualified Existing Business at its existing location and otherwise upon economic terms and conditions not materially worse than those contained in the lease or other occupancy agreement to which the Qualified Existing Businesses was a party. A six (6) month time extension may be granted by the City if Developer demonstrates to the Ciy's reasonable satisfaction: (i) the existence of an executed binding lease with a Satisfactory Replacement Business, (ii) the commencement of substantial tenant improvements, and (iii) that additional time is required to complete those tenant improvements. All proposed relocations of Qualified Existing Businesses shall be submitted to the City for determination as to the applicability of this Section and for approval. For purposes of this Section 12.12, the following definitions shall apply: R VP[ BICICR\30606 -4- 8121/97 16:15 'Qualified Existing Business' means any existing business located within the City occupying 5,000 square feet or more of gross leasable area if such business is not located on (or within one block of) El Paseo. If such business is located on (or within one block of) El Paseo, then it shall be a "Qualified Existing Business" if it occupies 1,000 square feet or more of gross leasable area. A business shall not be considered to be "existing" after it has ceased operation within the City for a period of six (6) months. 'Satisfactory Replacement Business' means any business which is permitted by the City's zoning ordinances at the location to be occupied and which is of similar quality and character and fulfills the same function within the area's retail mix as the Qualified Existing Business, as determined and approved by the City in its reasonable discretion. The requirements of this Section 12.12 do not apply to any Qualified Existing Business which (a) leases its property pursuant to a lease which expires at any time prior to, or within six months after, the date that the Qualified Existing Business opens for business at the Site Area 1 Improvements; or (b) shall have sought to expand its premises but shall have been unable to do so as a result of unreasonable or undesirable requirements or restrictions placed on the Qualified Existing Business by the landlord, the lack of space, an unacceptable layout, or other physical or economic constraints inherent in the existing building center or location; or (c) vacates its existing space with the landlord's written consent or in accordance with contractual rights contained in the existing lease. This Section 12.12 touches and concerns Site Area 1 and is intended by the Developer and the City to be a covenant running with the Site Area 1, enforceable by the City (but not by any third party, including but not limited to the landlord of any Qualified Existing Business) against the Developer or any successor thereto as to Site Area 1, other than a Mortgagee. This covenant shall only be for the benefit of the City and shall not benefit any third party, including but not limited to the landlord of any Qualified Existing Business. This covenant shall remain in effect until the later of (a) 80% of the first 125,000 square feet of gross leasable area of the Site Area 1 Improvements has been leased; or (b) one year after any portion of such first 125,000 square feet of gross leasable area opens for business. Upon the expiration of this covenant as provided for in the immediately preceeding sentence, the Agency and the Developer shall execute such documents as may be reasonably necessary to remove this covenant from title to Site Area 1." RVPLBICKR\30606 -5- 8/21/97 16:15 3.5 Amendment of Exhibit A to Original Development Agreement. Exhibit A of the Original Development Agreement is deleted in its entirety and replaced with the document attached behind the Exhibit "B" Cover Page to this First Amendment. 3.6 Amendment of Exhibit D to Original Development Agreement. Exhibit D to the Original Development Agreement is deleted in its entirety and replaced with the document attached behind the Exhibit "C" Cover Page to this First Amendment. Dated: THE CITY OF PALM DESERT By: Mayor Dated: ACD2 By: Its: RVPUB\KKR\30606 -6- 8/21/97 16:15 EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Legal Description of Property [To be attached.] RVPUB\KKR\30606 -7- 8/21/97 16:15 EXHIBIT "B" TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Revised Exhibit A to Original Development Agreement [Attached behind this page.] RVPCB`1CKR\30606 -8- 8/21/97 16:15 EXHIBIT "A" Ahmanson Commercial Development -Retail Centers PALM DESERT PROJECT DEVELOPMENT STANDARDS FOR THE PROJECT I. Purpose of Development Standards II. Project Introduction A Overview and Location B. Site Areas and Statistical Summary III. General Notes and Conditions IV. General Development of Project A. Proposed Uses B. Building Square Footage Limits and Maximum Heights C. Density and Intensity of Use D Open Space V Planning Guidelines A. Purpose B. Site Planning and Circulation C. Grading/Drainage/Street Standards D. Landscaping, Walls and Lighting E. Design Concept of Buildings/Parking/Loading Area F. Utility Services and Structures G. Project and Business Identification VI. Plan Review Requirements A. Purpose B. Development/Precise Plan Review C. Development/Precise Plan Contents RVPUB\KKR\30606 -9- 8/21/97 16:15 I. Purpose0f Development Standards The purpose of the development standards for the Project is to: 1. Provide the Developer with a planning and development process which will result in a Project that is consistent with the City's General Plan and in furtherance of the goals of the City as set forth in the Agreement. 2. Provide supplemental criteria for the use, design, density, circulation and development of the Site Areas (as described in II.B hereof) that will result in an aesthetically pleasing, environmentally harmonious and commercially viable product that expands the goods and services presently available to the community. 3. Ensure that development occurs in an orderly fashion through long-range planning. 4. Encourage development that is operationally functional to both the building operator and the consumer. 5. Provide for the development of the Project in a manner which is consistent with the terms and provisions of the Agreement and the Existing Land Use Ordinances. II. Project Introduction A. Overview RVPUBIKKR\30606 The Project presents an opportunity to master plan the remaining large vacant properties within the area of the City subject to the City's Commercial Core Area Specific Plan. The development of the Project in accordance with the provisions of the Agreement and these development standards ensures the preservation of natural open space and furthers the development objectives of the City in an orderly manner. The development of the Project in accordance with the provisions of the Agreement and the development standards provides a number of benefits: 1. It maximizes the potential for high quality economic development of the Commercial Core Area. 2. It allows for the assemblage of properties into a comprehensive land use plan which eliminates problems that individual and isolated requests for developments might present. -10- 8/21/97 16:15 3. It addresses specific policy recommendations of the Palm Desert Commercial Core Area Specific Plan. 4. It provides for the dedication of hillside preserve to the City and thereby protects and preserves the natural beauty of the hillside areas bordering the Project. 5. It provides for the completion of all necessary signalization and access for Highway 111 from Fred Waring Drive to Town Center Way, as provided for in the Development Agreement. B. Site Areas and Statistical Summary The Project is divided into 6 Site Areas. The Land Use Development Plan attached hereto as Annex 1 depicts each Site Area. Site Area 1 Location: SWC Highway 111 and El Paseo, SE of Palm Valley Flood Channel Aggregate Acreage: 12.3 Site Topography: generally flat Site Areas 2 and 3 Location: Fronting Highway 111 between Fred Waring Drive and Palm Valley Flood Channel Aggregate Acreage: 51.8 Site Topography: generally flat sloping towards southwest Site Area 4 Location: SEC Fred Waring Drive and Town Center Way Aggregate Acreage: 8.5 Site Topography: generally flat RVP1,B\KKR\30606 -11- S121/97 16:15 Site Area 5 Common Name: Sun Lodge Colony Location: SWC El Paseo and Larkspur Lane Acreage: 10.3 acres Site Topography: generally flat with slight slope up to the south Site Area 6 Location: West of Painters Path (1988 alignment), between Fred Waring Drive and the Palm Valley Flood Channel. Acreage: 54.9 Site Topography: partially sloping and mountainous III. General Notes A. Purpose This section III is included to: (i) provide certain definitions for use with respect to this Exhibit "A"; (ii) to describe the relationship of this Exhibit "A" to the Existing Land Use Ordinances and the Building Ordinances; and (iii) provide other miscellaneous provisions necessary to effectuate the purposes and intent of the Agreement. B. General Notes 1. Terms contained in this Exhibit "A" shall have the same meaning as defined in the Development Agreement unless otherwise defined herein. 2. Except as otherwise provided in this Exhibit "A" and in the Agreement, the development of the Project shall be in accordance with, and the development of the Project during the Term shall be governed by, the Existing Land Use Ordinances or the Building Ordinances the provisions of this Exhibit "A" shall deemed to control to the extent necessary to effectuate the purposes and intent of the Development Agreement. RVPUB\KKR\30606 -12- 8/2I /97 16: l5 3. Except as otherwise provided in this Exhibit "A" and in the Agreement, all construction of improvements upon the Property shall conform to the building and construction standards established by the Building Ordinances. 4. Whenever the provisions of this Exhibit "A" conflict with the provisions of the Existing Land Use Ordinances or the Building Ordinances the provisions of this Exhibit "A" shall be deemed to control to the extent necessary to effectuate the purposes and intent of the Development Agreement. 5. The maximum aggregate allowable building square footage for the Project shall be 846,700 s.f.. 6. Development in Site Areas 2, 3, and 4 may accommodate all uses permitted in the PC-3 zone as identified in the Existing Land Use Ordinance. 7. Subject to Section 12.11 of this Agreement, Development in Site Area 1 may accommodate all uses permitted in the District Commercial Zone (PC-2). The restaurant uses shall not exceed to 25% of the approved gross building area. 8. Development on Site Area 4: a) Special consideration shall be given to the design of the structures on Site Area 4, to assure the development shall be compatible with developments east of Fairhaven Drive on the south side of Fred Waring Drive. b) Unless specifically modified by the City Council as part of the development review process, the first 100 feet of this site adjacent to Fred Waring Drive shall be restricted to Office professional use. 9. Development in Site Area 5 may accommodate all uses permitted in the C-1 zone as identified in the Existing Land Use Ordinances. 10. Parking requirements for layout and ratio for Site Area 2 shall be based upon a formula of 5.5 parking stalls for each 1000 square feet of gross leaseable area. The standards may be reduced in the following ratio percentage: 1000 car parking area, 10% 1500 car parking area, 12% -13- R VPUB`3CKR130606 V21/97 16:15 2000 car parking area, 14% Over 2500 car parking area up to 15%, subject to justification of the findings as set forth in Section 25.58.311(B) of the Existing Land Use Ordinances. 11. Parking requirements for layouts, sizes, and ratios for Site Areas 3, 4 and 5 shall be based upon the requirements for general retail and office use as described in the Existing Land Use Ordinances. Parking requirements for layouts, sizes, and ratios for Site Area 1 shall be based upon the requirements for a District Commercial Use as described in the Existing Land Use Ordinances. 12. Changes in the location or configuration of the Site Areas (and the "Buildable Zones" within such Site Areas, as designated on the Land Use Development Plan as attached hereto) may occur as specific site plans are developed. Any such changes will be subject to the prior approval of the Community Development Director of the City. 13. Tentative Tract Maps may be filed and approved subject to consistency with the Land Use Development Plan. 14. Location and plans for any required water reservoirs or booster stations shall be submitted to the Community Development Director for approval. Said facilities may be located in the natural open space area indicated in the Land Use Development Plan, subject to approval of the Community Development Director and the coachella Valley Water District. 15. Except as otherwise provided herein, all approvals of the City, the Community Development Director, or the Planning Commission of the City required as provided herein shall be based upon the criteria and standards for such approval set forth in the Existing Land Use Ordinances and the Building Ordinances. 16. Prior to the issuance of any building permit with respect to any Site Area, a precise development plan for the development of an individual Site Area, or a combination of Site Areas, shall be submitted to and shall be approved by the Planning Commission if such precise development plan is consistent with the Land Use Development Plan and complies with the provisions of the Agreement. 17. The Developer shall be permitted to establish a Project Office on Site Area 5 upon execution of the Agreement by the City. RVPUB`KKR\30606 -14- S/2I/97 16:15 18. Site Area 6 is designated as natural open space on the Land Use Development Plan and shall be dedicated to the City. Such dedication shall be the only open space dedication or reservation of a portion of the Property for public purposes which will be required by the City with respect to the development of the Project. 19. Sizing of all backbone utility facilities shall be predicated on the maximum density proposed for the Project and shall not be required to be oversized to accommodate uses other than with respect to the Project. 20.. The major access to Site Area 2 shall be via signalized intersection on Highway 111 as indicated on the Land Use Development Plan. 21. All improvements required as Exactions pursuant to the attached Development Agreement shall be constructed by Developer congruent with each phase of the Project as such improvements relate thereto, and are necessary with respect to such phase of project development. 22. The terms indicated on the Land Use Development Plan shall have the following meanings: A. Building Zone: The approximate area in which the buildings within the applicable Site Area will be located. B. Parking/Landscape Zone: The approximate area in which the majority of parking stalls within the applicable Site Area will be located. C. Gateway Entry: An identification element for the Project or the City, or both, consisting of any combination of signage, landscaping, walls, architectural features or lighting. IV. General Devea_pment of the Project A. Proposed Uses RVPUB\KKR\30606 Site Area 1: Subject to Section 12.11 of this Agreement, any or all uses permitted in the District Commercial Zone (PC-2). , Restaurant will be permitted provided that they do not exceed to 25% of the approved gross building area, consistent with III.B.7. of this Exhibit A. The maximum square footage allowed for Site Area 1 pursuant to the table set forth in Exhibit A, Section IV.B., shall be changed to 125,000 square feet. -15- $/21 /97 16:15 Site Areas 2, 3, and 4: Any or all uses permitted in the PC-3 zone of the Existing Land use Ordinances. Site Area 5: Any or all uses permitted in the C-1 zone of the Existing Land Use Ordinances. Site Area 6: Natural open space and such related uses as set forth in Section D below and as indicated in the Land Use Development Plan. B. Maximum Building Square Footage Limits and Maximum Heights Site Area Maximum S.F. Height Limit 1 125,000 per applicable Existing Land Use Ordinances 2 479,000 per applicable Existing Land Use Ordinances 3 20,000 per applicable Existing Land Use Ordinances 4. 80,300 per applicable Existing Land Use Ordinances 5 167,000 per applicable Existing Land Use Ordinances C. Density and Intensity of Use The Developer shall be entitled to develop each of the Site Areas to the maximum building site coverage percentage provided in the applicable Existing Land Use Ordinance as it pertains to the individual Site Area. The land Use Development Plan depicts the eligible building areas within each Site Area. In the event any Site Area is developed so as to utilize less than the total maximum square footage listed for any such Site Area in paragraph "B" above, then the differential between the Site Area square footage which is actually utilized and the applicable maximum square footage listed above shall be transferable in while or in part to any other site Area (other than Site Area 6), provided that the resulting maximum square footage with respect to any such Site Area shall not exceed the maximum square footage of use permitted with respect thereto by the Existing Land Use Ordinances. Buildings shall be reasonably distributed within the Site Areas to permit ease of vehicular and pedestrian access, circulation and egress and for proper operational building service requirements. D. Open Space R VPUB\KKRL30606 Site Area 6 shall be "natural open space" as defined in the Existing Land Use Ordinances. Site Area 6 is established for the preservation of the open space and significant natural resources. The intent of this area is to protect, to the -16- V21/97 16:15 extent practicable, the resources of notable scenic, natural, geologic or historical value. Uses Permitted: a. Bicycling and hiking trails, and directional trail signs; b. Local and buffer greenbelts; c. Wildlife preserves and sanctuaries; d. Archaeological sites; e. Historical preserves; f Screening, walls, and fencing as may be required by the Project; g. Forest maintenance/ranger stations; h. Water reservoirs, or pumping stations as may be required by the Project. Site Development Standards Site development standards in the open space category shall be in accordance with Excising Land Use Ordinances. V. Planning Guidelines A. Purpose RVPLBhKKR\30606 Except as otherwise provided in the Agreement or this Exhibit "A", the development of each Site Area within the Project shall be subject to and controlled by the design and development guidelines established by the Existing Land Use Ordinances and the Building Ordinances. The following guidelines are intended to be supplemental to those established by the Existing Land Use Ordinances and the Building Ordinances and to the extent they are inconsistent or in conflict with the guidelines established by the Existing Land Use Ordinances and the Building Ordinances, these guidelines shall be deemed controlling. Subject to the foregoing, all development plans for each Site Area shall comply with the following guidelines. -17- 8/21/97 16:15 B. Site Planning and Circulation Access to the various Site Areas within the Project is to be provided from the adjacent streets and Highway 111 as depicted on the Land Use Development Plan. Interior Site Area vehicular circulation shall be patterned to permit ease of ingress and egress as well as the distribution of buildings in relation to parking areas to allow for the dispersion of vehicles and pedestrians throughout each Site Area. Each Site Area shall have clearly defined pedestrian routes into and throughout the Site Area in order to minimize potential points of conflict between pedestrians and vehicles. Individual Site Area entries shall occur at the designated locations on the Land Use Development Plan. Building setbacks shall be as depicted on the Land Use Development Plan. C. Grading/Drainage A. Assist in screening parking, loading and service areas. B. Reduce the perception of height and mass of large buildings. C. Provide a reasonable transition from the street to the parcel. The applicant may obtain permits for rough grading after approval of conceptual grading plans by the Director of Public Works and the Director of Community Development. Grading shall be permitted outside of an area of immediate development if consistent with the conceptual grading plan. Drainage of surface parking areas and roof areas shall terminate at an underground storm drain system in the public streets. Points of connection will be provided for each Site Area. D. Landscaping Landscape materials shall enhance the major architectural design elements through the coordinated use of indigenous and introduced plant species lighting, massing, etc. Landscaping shall be in accordance with a Landscape Concept plan as provided in the Existing Land Use Ordinances. The Landscape concept Plan will be submitted as part of the precise plan at the time development of a Site Area is proposed The landscape framework will visually bind the Site Area together while remaining compatible with the desert environment. RVPUBICKR\30606 -18- 8/21/97 16:15 E. Design Concept of Buildings/Parking/Loading Areas The architecture of the Project shall possess an underlying compatibility among the various buildings through the use of similar materials, finishes, colors and amenities while allowing a degree of flexibility for individual Site Area expression and identity. All building designs shall be aesthetically agreeable wih the desert environment. Parking requirements for layouts, sizes, and ratios for Site Areas 1, 3, 4 and 5 shall be based upon the parking requirements for Existing Land Use Ordinances for general retail and office. Site Area 5 shall provide 200 public parking spaces in addition to the number of spaces required by the C-1 zone under the Existing Land Use Ordinances for the building area. Loading, service and delivery areas shall not encroach into any setback area. F Utilities and Utility Structures Public services and utilities will be provided by the following public/private agencies unless otherwise approved by the Director of Community Development: a. Water - Coachella Valley Water District b. Sewer -Coachella Valley Water District c. Flood Control - Coachella Valley Water District d. Electricity - Southern California Edison Company e. Natural Gas - Southern California Gas Company f. Telephone - General Telephone Company g. Schools - Palm Springs and Desert Sands h. Public Parks - Coachella Recreation and Parks District i. Fire Protection - Riverside County Sheriff Department j. Police Protection - Riverside County Sheriff Department k. Solid Waste Disposal - Riverside County Road Department and Palm Desert Disposal Services 1. Television - Coachella Valley Television All utilities shall be installed and maintained underground. Utility design shall not place excessive burdens upon offsite systems. Temporary overhead power and telephone facilities are permitted during construction only. RVPUB\KKR\30606 -19- 8/21/97 16:15 Any device for transmission of reception of communication signals shall be screened. Ground -mounted devices shall be screened from view from adjacent streets and property. Outdoor trash areas shall be visually screened by a 6-ft. high (minimum), non combustible enclosure constructed of the same materials and finishes as the adjacent building. Enclosures shall be designed and located so as not to be highly visible from adjacent streets and property. G. Project and Business Identification Project and City entry statements composed of signage, landscaping, architectural features, or a combination of same, will be depicted on the landscape concept plan. The purpose of this element is to announce both the Project the entry to the City and/or the gateway to the El Paso district in a manner that furthers the sophisticated image of the City. VI. Plan Review Requirements A. Purpose This section is established to ensure that the overall purpose and intent of the Project is satisfied and implemented in an orderly manner. B. Development/Precise Plan Review When the actual development of a Site Area is proposed, an application for approval of a precise plan shall be filed with and shall be approved by the Planning Commission if such precise plan is consistent with the Land Use Development Plan and complies with the provisions of the Agreement and this Exhibit "A". A precise plan may cover one or more Site Areas of the Project. C. Precise Plan Contents Subject to the provisions of the Agreement and this Exhibit A to the Precise Plan shall include the requirements of Section 25.73.011 of the Existing Land Use Ordinances. RVP[ B\KXR\ 30606 -20- Sl21/97 16:15 EXHIBIT "C" TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Revised Exhibit D to Original Development Agreement [Attached behind this page.] RVPUB\KKR\30606 -21- 8/21/97 16:15 EXHIBIT "D" EXACTIONS As provided in the Agreement, the following constitutes those Exactions which may be imposed by the City with respect to the development of the Project. The following Exactions include all of the mitigation measures with respect to the Project for which the Developer will be responsible for satisfying and which were identified in the Environmental Impact Report (the "EIR") pertaining to the Project and certifies as complete by the City on November 16, 1989. Unless otherwise provided for in this Exhibit "D", all Exactions shall be constructed or provided by the Developer in conformance with the requirements of the Existing Land Use Ordinances. Those Exactions identified herein, while intended to be specific in nature, will remain subject to specific Project review as provided in Exhibit "A". The City and the Developer will in good faith attempt to agree as to any modifications of the following Exactions which are requested by the City as a result of such specific Project review. 1. Street Improvements All street improvements are subject to the review and approval of construction documents pertaining thereto by the City of Palm Desert Department of Public Works. All of the following street improvements are to be located adjacent to the Project Site Areas as indicated below. A. Painters Path --street improvements including, the curbs, gutters, sidewalks, bus stations, street lighting and landscaping, all as required by the EIR and as provided by Precise Plan of Design 97- 9. (Site Area 1) B. West (mountain) side of Highway 111 between Fred Waring Drive and El Paso -- completion of widening of Highway 111 with deceleration lanes, completion of sidewalks, bus stations, street lighting, striping, and median modifications all as required by the EIR and as provided for in Precise Plan of Design 97-9. (Site Areas 1 & 2) C. South side of El Paso between San Pablo Avenue and Larkspur Lane -- completion of all pedestrian amenities including street lighting, landscaping, bus stations, sidewalks, benches, and decorations. (Site Area 5) D. West side of Larkspur Lane between El Paso and Shadow Mountain Drive -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. (Site Area 5) RVPLB\KKR'30606 -22- 8/21/97 16:15 E. East side of San Pablo Avenue between el Paso and Shadow Mountain Drive -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. F. North side of Shadow Mountain Drive between Larkspur Lane and San Pablo Avenue -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. (Site Area 5) G. Fred Waring Drive west of Highway 111 -- completion of widening or street modifications including grading, paving, striping, curbs, gutters, bus stations, sidewalks, street lighting, all as required by the EIR. (Site Area 2) H. West side of El Paso between Highway 111 and Painters Path -- completion of all pedestrian amenities including street lighting, landscaping, sidewalks, benches, and other amenities required by Precise Plan of Design 97-9. (Site Area 1) Following the commencement by the City of proceedings for the abandonment of Painters Path northwest of the Palm Valley Flood Control Channel (from Fred Waring Drive to the Palm Valley Flood Control Channel) as a public road, the Developer will submit for the approval of the City such agreements as are necessary to insure the continuation of any required appurtenant public utility easements or maintenance rights or non-exclusive easements for right of access, and, following the completion of such abandonment proceedings, the Developer will provide for the demolition of such portion of Painters Path and shall also provide for the abandonment of such public utility easements or maintenance rights which are not the subject of the above -referenced agreements. (Site area 2) J. East side of Town Center between Fred Waring Drive and Town Center Fire Station -- Completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. (Site Area 4) K. South side of Fred Waring Drive between Town Center Way and Fairhaven Drive -- Completion of all pedestrian amenities including street lighting, bus stations, and landscaping. (Site Area 4) L. West side of Fairhaven Drive between Fred Waring Drive and the southerly property boundary -- Completion of widening or street modifications including grading, paving, striping, curbs, gutters, landscaping, street lighting, and sidewalks. (Site Area 4) RVPUB\KKR\30606 -23- 8/21/97 16:15 2. Traffic Signals All of the following traffic signal improvements and signal modifications are to be located adjacent to Project Site Areas as indicated below. As used in this Paragraph 2, the "related improvements" shall mean those improvements identified by the City of Palm Desert Department of public Works as necessary to implement the traffic signal modifications to which they relate. A. New traffic signal and related improvements at the intersection of Highway 111 and entry road for Site Area 2, all as required by the EIR. B. New traffic signal and related improvements at the intersection of El Paseo and Larkspur Lane, all as required by the EIR. (Site Area 5) C. Traffic signal modifications and related improvements at El Paso and San Pablo Avenue, all as required by the EIR. (Site Area 5) D. Traffic signal modifications and related improvements at Highway 111 and El Paso/Town Center Way, all as required by the EIR and as provided for in Precise Plan of Design 97-9. (Site Area 1) E. Traffic signal modifications and related improvements at Highway 111 and Fred Waring Drive, all as required by the EIR. (Site Area 2) 3. Storm Drains A. Construction of the Joshua Road storm drain facilities in Fred Waring Drive from Painters Path to Highway 111 and from Highway 111 to the Palm Valley Flood Channel. The City and the Developer's completion of construction of such facilities, the City shall promptly reimburse the Developer for all costs incurred with respect thereto (including, but not limited to, the costs of engineering, design, construction, acquisition of rights of access and easements of use, and any studies required for and related to such improvements) in an amount equal to the amount by which the aggregate of such costs exceed the aggregate amount of drainage fees the Developer would be required to pay with respect to Site Area 2 pursuant to the Existing Land Use Ordinances. To the extent that the Developer is not fully reimbursed for such costs at the time of completion of such construction, the City shall provide to the Developer a promissory note reasonably acceptable in form RVP1.113'KKR\30606 -24- 8/21/97 16:15 to the Developer and which shall be in the principal amount of such unreimbursed costs which shall mature on the fifth anniversary date of the date of completion of the construction and which promissory note shall bear interest on the outstanding principal amount at a floating rate equal to the Bank of America prime rate plus one percent, as such rate shall be from time to time announced by the Bank of America. The City shall make such reimbursement to the Developer from monies available therefor from the City's Drainage Fund or any other legally available source of funds. B. Construction of all necessary drainage systems with respect to the Project and the facilities necessary to connect such systems to the existing underground storm drain systems in the public streets, all as required by the EIR. 4. Transit A. Construction of bus turnouts and shelters for the Project, all as required by the EIR. B. Provide a Transportation Demand Management Study as required by the E1R. C. The Developer will participate in a people mover/mass transit program which may impose assessments on Site Areas 1, 2, 3 and 4 if all of the following conditions are satisfied: (i) The City undertakes and completes a people mover/mass transit study with respect to the proposed program which reasonably establishes a public need for the construction and operation of the system; and (ii) Following the completion of the aforesaid study, the City establishes a people mover/mass transit program consistent with the findings and recommendations of the study; and (iii) The construction of the people mover/mass transit system would be financed in part through the creation of a special assessment district encompassing at least the properties identified on Annex 1 attached to this Exhibit "D", and such special assessment district shall issue bonds or otherwise incur indebtedness (a) secured by assessments on all such properties upon which commercial and/or retail facilities (other than office or professional facilities) are to be RV PUB' KKR\30606 -25- V21/97 16:15 constructed and (b) in a principal amount not to exceed 25% of the total cost of the construction of such people mover/mass transit system; provided, however, that (i) the total aggregate amount of such assessments on all such properties shall not exceed $5,000,000 and (ii) the principal amount of such bonds or other indebtedness shall be amortized over a minimum 20 year period (provided, however, that the Developer and the owners of all other property within the special assessment district shall have the right to prepay all such assessments in whole or in part and thereby cause the early redemption of such bonds or the early retirement of such other indebtedness); and (iv) The proportionate amount of such assessments to be imposed on each such property within the special assessment district shall be determined on the basis of the proportionate benefit to be derived by each such property from the construction and operation of the system. D. With respect' to Site Area 1, 2 3 and 4, the Developer may at its option, and in the exercise of its sole discretion, elect to satisfy its obligations under Paragraph C for any particular Site by paying to the City, within 180 days of the date of execution of this Agreement, a mass transit fee equal to and not to exceed the following amounts with respect to the following Site Areas: Site Area 1: Site Area 2: Site Area 3: Site Area 4: TOTAL: $ 50,000.00 1,198, 500.00 50,000.00 200.750.00 1,499,250.00 The City and the Developer agree that if any or all of the foregoing fees are paid by the Developer, the corresponding Site Area(s) shall not be subject to any further fee or assessment with respect to the mass transit program and shall not be included within the assessment district described in Paragraph C above. In addition, the amount of any such fee or fees paid by the Developer shall reduce in an equivalent amount the construction costs of the mass transit system which would otherwise have been paid from the proceeds of the assessments as described above. The Developer agrees that the amount of any mass transit fee paid by the Developer pursuant to this paragraph will not be refundable to the Developer if the mass transit program established pursuant to RVPUBVCKR\30606 -26- 8/21/97 16:15 subparagraph (ii) above is not constructed so long as the amount of any such fee is set aside or used by the city for the purpose of improving the mass transportation system within the City, general traffic improvements, or for the general benefit of the Highway 111 Commercial Core Area. 5. Public Parking A. The Developer will provide to the City a temporary non-exclusive easement on Site Area 5 for use by the City for 200 public parking spaces. Such easement shall be located within the area designated as the "Parking Zone" on Site Area 5 as depicted in the Land Use Development Plan attached to Exhibit "A" hereto. Such easement shall remain in existence until such time as a specific development plan for Site Area 5 has been submitted by the Developer to the City and has been approved by the City. The City shall be solely responsible for the construction and maintenance of any public parking improvements to be located on such easement and the Developer shall not be responsible for any costs associated therewith. In addition, the City shall reimburse the Developer for all costs incurred by the Developer in acquiring and maintaining such policy or policies of insurance (including liability insurance) with respect to the use of such parking facilities as are customary. Prior to the granting of such easement, the City and Developer will in good faith negotiate and enter into an agreement which will, among other things, define the boundaries of such easement within the Parking Zone of Site Area 5, the duration of the easement and the conditions and restrictions with respect to its use; all as contemplated by the Agreement and this Paragraph 5A. B. In conjunction with the construction of the private commercial/retail facilities to be located on Site Area 5, the Developer shall provide 200 additional parking spaces above project parking requirements for Site Area 5 as required by the Existing Land Use Ordinances for use as public parking spaces (as such term is defined in Exhibit "H" to the Disposition and Development Agreement). Prior to the commencement of construction of the commercial/retail facilities to be located in Site Area 5, the Developer and the City shall in good faith negotiate and enter into an agreement which will provide, among other things, for (i) the location of such parking spaces, (ii) the improvements associated therewith, (iii) the means of access by the public, (iv) the conditions and restrictions with respect to the use of such parking spaces, and (v) the timing of the construction of such spaces. It is the intent of the Developer and the City that, subject RVPUB\KKR\30606 -27- 1/21/97 16:15 to the provisions of the Disposition and Development Agreement pertaining to the reimbursement of the Developer for the costs of certain public facilities, the Developer will pay all costs of constructing such public parking spaces. Open Space Developer shall dedicate to the City of Palm Desert that property described in Exhibit "G" in the Agreement for use by the City as open space. 7 Housing The Developer will pay a housing mitigation fee for each Project Site Area at the time of building permit issuance with respect thereto. The proceeds of such fees shall be used by the City, along with other revenues of the City, to address the very low, low and moderate income housing need generated by the development of the Project Sites consistent with the housing programs identified or to be identified in the housing element of the City's General Plan. Such fee shall be in the amount of $1.00 per square foot of building floor space for mixed commercial/retail development and $.50 per square foot of building floor space for professional office development. This fee shall be payable by the Developer only if a similar fee equal to or greater than this fee will be required by the City with respect to all other commercial development within the City. In no even and under no circumstances will such fee with respect to any Site Area exceed in the aggregate the following amounts per Site Area: 8. Fees Site Area 1: $ 125,000,00 Site Area 2: 479,000.00 Site Area 3: 20,000.00 Site Area 4: 80,000.00 Site Area 5: 167.000.00 TOTAL: 871,000.00 A. T.U.M.F. Fees B. Signalization Fee C. Drainage Fees D. Art in Public Places Fees E. The usual and customary fees of general application charged for processing of applications for permits and approvals pertaining to the development of the Project. RVPIJB\KKR\30606 -28- &21/97 16:15 PLANNING COMMISSION RESOLUTION NO. 1826 EXHIBIT "D" CONDITIONS OF APPROVAL CASE NO. PP 97-9 Department of Community Development: 1. The development of the property shall conform substantially with exhibits submitted by developer on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within the period specified within the development agreement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Project exhibits indicate 121,771 square feet of building area. Project area may increase to 125,000 square feet provided all other applicable ordinance standards are met. 6. Pad 1, Pad 2 and Highway 111 Restaurant Pad shall be modified to conform to required setbacks: 25 feet adjacent to El Paseo and 32 feet adjacent to Highway 111. Minimum property line setbacks for Shop A to be 12 feet with minimum curbline setback of 42 feet. 7. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 34 PLANNING COMMISSION RESOLUTION NO. 1826 8. All future occupants of the buildings shall comply with the zoning ordinance. 9. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 11 . Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 12. Final landscape plans shall comply with the parking lot tree planting master plan. 13. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 14. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1.00 per square foot). 16. That the site plan be modified to accommodate a "Trolley Stop" pursuant to the Sunline Transit Agency Requirements. 17. Alternative transportation parking (i.e., golf carts, bicycles, mopeds, etc.) shall be provided as determined by the Director of Community Development. 18. That the project shall include a two lane bridge connection to Desert Crossing with a six foot pedestrian sidewalk to one side. 19. That the large 18 wheel delivery vehicles shall not travel along the south side of Tenant A to enter or exit the loading docks. Access to the loading docks at the rear 35 PLANNING COMMISSION RESOLUTION NO. 1826 of Tenants A, B and C shall only be from Highway 1 1 1 and the north side of Tenant C. 20. That pursuant to the noise study, along the Painters Path side of the site a minimum four foot high berm with a six foot high masonry wall on top be installed which will provide a minimum ten foot high barrier measured from Painters Path. Additional conditions include: A. Select air conditioning units with a rating of SR-8.0, or less. Alternatively, if higher ratings are to be used, submit the roof mechanical plans to the acoustical engineer for a determination of compliance. B. Prohibit any external equipment mounting on the south side of Shop Building A. C. Keep all dock loading doors closed while not being used for loading and unloading. D. No storage of refrigerated trailers on site with compressors operating. E. Erect building parapets or sound shields on the south side of the buildings. F. No building vents on the south side of Shop A, Tenant A, or Pad 1. G. Locate all mechanical equipment on the roof with the exception of any trash compactors. H. Trash compactors will be located so that a building shields the equipment from residential areas to the south. I. Install trailer cuffs on loading docks. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 36 PLANNING COMMISSION RESOLUTION NO. 1826 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the modification of the existing signal system as well as the proposed signal at Painters Path/EI Paseo for this project may be used as a credit against the subject signalization fees. Such a credit shall be subject to approval by the Palm Desert City Council. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), shopping center classification. Payment of said fees shall be at the time of building permit issuance. 5. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. Public improvements within the State Highway 111 right-of-way shall be subject to Caltrans review, approval and permit issuance. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscaping maintenance on the property frontages shall be provided by the property owner. 9. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City/State standards. Improvements shall include, but not be limited to the following: * Construction of acceleration/deceleration lanes on Highway 111 with dedicated right turn on to El Paseo including traffic signal modification as may be necessary. * Widening of El Paseo to accommodate dedicated right turn lane for project entry. * Construction of curb, gutter and asphalt paving on Painters Path to provide for a minimum of two vehicle travel lanes and bicycle/golf cart lanes. Street width 37 PLANNING COMMISSION RESOLUTION NO. 1826 at the intersection with El Paseo shall provide for an additional travel lane for turning movements. Modification of existing drainage systems as necessary to accommodate roadway improvements. * Installation of sidewalk in an appropriate size and configuration together with full landscape improvements along all property frontages. In addition, those Project -Specific Traffic Mitigation Measures and Site Specific Project Improvements identified in the project Traffic Impact Analysis (including all associated addenda) as approved by the Department of Public Works and Caltrans shall be considered as project conditions of approval. Where conflicts exist between these conditions and Traffic Impact Analysis, these conditions shall take precedence. 10. Project access locations on State Highway 1 1 1 and El Paseo shall be limited to right - turn ingress and egress. Proposed left turn site ingress shall be subject to review and approval by Caltrans. No project access shall be permitted on Painters Path. 11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation -related issues. 12. Traffic safety striping on El Paseo and Painters Path shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. Highway striping/signing shall be subject to Caltrans approval. 13. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works/Caltrans. 14. Proposed building pad elevations are subject to review and approval in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. All applicable provisions, conditions and requirements contained within that certain development agreement between the City of Palm Desert and Ahmanson Commercial Development Company as approved by the City Council on December 14, 1989, as Ordinance No. 590, as well as the associated Environmental impact Report as Certified by the City Council on November 16, 1989, as Resolution No. 89-120, 38 PLANNING COMMISSION RESOLUTION NO. 1826 together with any approved amendments shall be considered as conditions of approval for this project. 16. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction activity. 17. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure low must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super fire hydrant(s) (6"x4"x2-1 /2"x2- 1 /2") located not less than 25' or more than 150 feet from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a final inspection. 6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3,000 square feet or more building area as measured by the building 39 PLANNING COMMISSION RESOLUTION NO. 1826 footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: a) No Parking Fire Lane - PDMC 15.16.090 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103(a)) 10. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 11. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 13. Contact the Fire Department for a final inspection prior to occupancy. 14. Commercial buildings shall have illuminated addresses of a size approved by the City. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 40 PLANNING COMMISSION RESOLUTION NO. 1826 16. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 17. Other: a. Design bridge to commercial standards, must hold 72,000 pound fire truck. b. Turning radius for fire truck circulation must be 31' inside 52' outside radius. 41 PLANNING COMMISSION RESOLUTION NO. 1826 EXHIBIT "E" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 97-3, C/Z 97-9, PP 97-9 APPLICANT/PROJECT SPONSOR: Lowe Enterprises Commercial Group, Inc. 11777 San Vincente Boulevard, Suite 900 Los Angeles, CA 90049 PROJECT DESCRIPTION/LOCATION: A General Plan Amendment, Change of Zone, Precise Plan, and Development Agreement Amendment to permit development of a 125,000 square foot retail commercial center on 1 1.95 acres at the southwest corner of Highway 1 1 1 and El Paseo. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. L GUST 19, 1997 PHILIP DREL DATE DIRECTOR O COMMUNITY DEVELOPMENT 42