HomeMy WebLinkAboutCC RES 95-037RESOLUTION NO. 95-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE
PLAN OF DESIGN FOR A DISTRICT COMMERCIAL CENTER
INCLUDING A SUPERMARKET FOR AN 8.7 ACRE SITE AT
THE NORTHEAST CORNER OF DEEP CANYON AND HIGHWAY
111.
CASE N0. PP 94-7
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 27th day of April, 1995, hold a duly noticed public hearing
which was continued to May 11, 1995, May 25, 1995, June 8, 1995 and
June 22, 1995 to consider the request of F& M ASSOCIATES for approval
of the above described project; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California
Environmental Quality Act, Resolution No. 80-89", in that the director
of community development has determined that the project as mitigated
will not have a significant impact on the environment and a negative
declaration has been prepared; and
WHEREAS, the City Council of the City of Palm Desert has
identified certain specific negative environmental impacts which could
result if the approval of this project resulted in an existing large
retail space in the city remaining vacant for an extended period of
time; and
WHEREAS, certain specific special city council conditions have
been prepared to mitigate the identified negative environmental impacts
that would result if an existing large retail space in the city
remained vacant for an extended period of time; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard,
said city council did find the following facts and reasons to exist to
justify its actions as described below:
1. The design of the precise plan will not substantially
depreciate property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use
or enjoyment of 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the council in this case.
RESOLUTION NO. 95-37
2.
3.
�
That the Negative Declaration of Environmental Impact Exhibit
"A" attached is hereby certified.
That Precise Plan 94-7 on file in the department of community
development is hereby approved, subject to conditions
(Exhibit "B").
4. That special city council conditions necessary to mitigate
the identified negative environmental impacts that would
result if a large retail space in the city remained vacant
for an extended period of time be approved as delineated on
Exhibit "C" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 13th, day of Ju1y, 1995, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
BENSON, KELLY, SNYDER, SPIEGEL, CRITES
NONE
NONE
ABSTAIN: NONE
% ,
/�• _ � �� •
SHEILA R. �J�IGAN, C�`;�/Clerk
City of Palm Desert, , ��ifornia
� �
BUFORD A. CRIT S, M r
$y: WALTER H. SNYDER, OR PRO TEM
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RESOLUTION NO. 95-37
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EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NO: PP 94-7
APPLICANT/PROJECT SPONSOR: F& M Associates
2041 San Remo
Laguna Beach, CA 92651
PROJECT DESCRIPTION/LOCATION: Precise plan of design for an 81,747
square foot district commercial center for property at the northeast
corner of Deep Canyon and Highway 111.
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
RAMON A. DIAZ
DIRECTOR OF C
•
Jul.v 13, 1995
/ DATE
ITY DEVELOPMENT
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RESOLUTION NO. 95-37
EXHIBIT B
CONDITIONS OF APPROVAL
CASE NO. PP 94-7
Department of Community Development/Planninq:
1. The development of the property shall conform substantially with
exhibits on file with the department of community
development/planning, as modified by the following conditions.
2. 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.
3. Construction of a portion of said project shall commence within
one year from the date of final approval unless an extension of
time is granted; otherwise said approval shall become null, void
and of no effect whatsoever.
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
Desert Sands Unified School District
Caltrans
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. That the applicant shall provide for installation of solid waste
and recycling enclosures serving all public buildings, per
Ordinance No. 612, said enclosures subject to approval of
Environmental Conservation Manager.
6. Project is subject to Art in Public Places fee per Ordinance No.
473.
7. 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).
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RESOLUTION NO. 95-37
8. That the landscaping in the parking lot comply with the provisions
of the Master Parking Lot Tree Plan.
9. That a light plan shall be required confirming compliance with the
city's parking lot lighting restrictions.
10. Delivery hours to the supermarket, as well as the rest of the
center, shall be limited to 8:00 a.m. to 10:00 p.m.
11. Store hours for the supermarket shall be limited to 6:00 a.m. to
12:00 p.m. (midnight) seven days a week. Other businesses in the
center shall also be limited to the same hours delineated above.
12. That the building colors will be consistent with those shown on
the material sample board and as approved by the architectural
review commission.
13. That any future restaurants on the site shall provide an effective
means of odor control from cooking units satisfactory to the
Director of Community Development/Planning prior to issuance of
building permit.
14. That the site plan be revised to provide parking in compliance
with the 5.5/1000 requirement without benefit of reduction.
15. That all signs on site be approved by the architectural review
commission and conform with ordinance requirements (i.e. maximum
height of wall sign 20 feet and two center identification signs).
16. Applicant and/or their successor shall pay all city fees in effect
when building permits for this development's project are issued.
17. That there shall be no security or parking lot lighting mounted on
the north wall of the supermarket building. Any lighting of the
rear (north) driveway area shall be from wall packs mounted on the
south side of the berm. No light shall exceed the height of the
perimeter wall. In addition, a parking lot lighting plan prepared
by a lighting engineer shall be required confirming compliance
with the city's parking lot lighting restrictions.
18. That the developer (owner) shall provide an access easement across
the subject property to provide vehicle access to the existing
well site.
19. That the developer (owner) shall provide an access easement across
the subject property to the 100 foot by 341 foot parcel known as
APN 625-010-022. Said easement shall provide connection to parcel
625-010-022 on its north boundary and its west boundary to the
satisfaction of the director of community development.
20. That the following conditions shall be imposed to control noise:
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RESOLUTION NO. 95-37
a. Enclose loading docks at the supermarket.
b. Post signs requiring all loading and entrance doors to remain
closed at all times except during loading and unloading.
c. Require all engines to be shut off if a truck is parked more
than five (5) minutes. Post accordingly.
d. Install bumpers on docks to cushion impacts of trucks when
backing up.
e. Require any bridging devices used to bridge the gap between
the dock and the truck to be designed to be put in place and
removed without impact.
f. Prohibit all horn blowing. Post accordingly.
g. Prohibit loud talking and radios. Post accordingly.
h. Prohibit use of forklifts except within the closed section of
the docks.
i. Prohibit all the external mechanical equipment on any store
except trash compactors.
j. Prohibit exiting exhausts or location of fans on the north
wall of the buildings.
k. Require elevation of the mechanical equipment designs for
compliance prior to issuance of the building permits.
1. Prohibit parking of trucks or trailers overnight within 500
feet of the residences.
m. Require all refrigeration equipment mounted on trucks or
trailers to be shut down if not required for on-board
contents, and in no event to remain longer than one hour.
n. Erect an eight foot ( 8' ) wall around any trash compactors, or
enclose the hydraulic pump box.
o. Only delivery diesel trucks built after 1974 shall be
permitted to deliver to the site.
21. With respect to the future development of the three satellite pads
located on the east side of Deep Canyon Road, buildings located on
those pads shall be required to comply with the required twenty-
five (25) foot set back from the new western property line and
shall be set back a minimum of ten (10) feet from the curb line of
the two access driveways permitting access from Deep Canyon into
the site and in no event shall buildings on the pads adjacent to
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RESOLUTION NO. 95-37
Deep Canyon be closer than 60 feet to the building on the adjacent
pad. Specific building location to be determined pursuant to the
city's precise plan review process. Each access driveway shall be
thirty (30) feet in width. Thus, the buildings on the satellite
pads will be a minimum of sixty (60) feet apart.
D�artment of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 653, shall be paid
prior to recordation of final map.
2. Drainage facilities, as designated within the Master Drainage Plan
of the City of Palm Desert shall be provided to the specifications
of the Director of Public Works.
3. Storm drain construction 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.
4. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to
recordation of final map.
5. The project shall be subject to Transportation Uniform Mitigation
Fees (TUMFj. Payment of said fees shall be at time of building
permit issuance.
6. Full public improvements, as required by Sections 26.40 and 26.44
of the Falm Desert Municipal Code, shall be installed in
accordance with applicable City standards.
7. All public improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to
issuance of grading permits. Improvements within the Caltrans
right-of-way shall be subject to approval and permit issuance by
that agency.
8. 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 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. Such offsite improvements shall include, but
not be limited to, curb and gutter, asphalt paving and concrete
sidewalk in an appropriate size and configuration, and the
installation of acceleration/deceleration lanes for the Highway
111 project entry as well as construction of dedicated right turn
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RESOLUTION NO. 95-37
lane for Highway 111/Deep Canyon. Highway 111 project entry shall
be restricted to right-turn ingress and egress only, subject to
Caltrans approval. The most northerly Deep Canyon Road entry
shall be restricted to right turn ingress and egress and the
centerline alignment of the southerly entry shall be coincident
with Alessandro Drive. "As-built" plans shall be submitted to,
and approved by, the Director of Public Works prior to the
acceptance of the improvements by the city.
9. Improvement plans for water and sewer systems shall be approved by
the respective service districts with "as-built" plans submitted
to the Department of Public Works prior to project final.
10. Landscaping installation on Highway 111 and Deep Canyon Road
property frontages shall be drought tolerant in nature and
maintenance shall be provided by the property owner/developer.
Highway 111 landscaping shall also be drought tolerant in nature.
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. Rights-of way as necessary to accommodate the required street
improvements shall be provided to the appropriate aqency (City of
Palm Desert, State of California) prior to the issuance of any
permits required for the work.
13. Prior to the sale of, or construction on, Pads 2 and 3 as shown on
the proposed site plan a complete parcel map shall be submitted
for review, approval and recordation.
14. 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 and Caltrans.
15. Traffic safety striping shall be installed to the specifications
of the Director of Public Works and Caltrans. A traffic control
plan must be submitted to, and approved by, the Director of Public
Works prior to the placement of any pavement markings. Work
within the Caltrans right-of-way shall be subject to that agency's
review and approval.
16. 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.
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RESOLUTION NO. 95-37
17.
18.
Building pad elevations are subject to review and approval in
accordance with Chapter 27 of the Palm Desert Municipal Code.
Waiver of access to Highway 111 and Deep Canyon Road except at
approved locations shall be granted on the parcel map.
19. Applicant shall agree to participate in the proposed City of Palm
Desert Cook Street benefit assessment district to the extent
determined by proceeding of the City of Palm Desert.
20.
21.
22.
As required under Sections 26.32 and 26.40 of the Palm Desert
Municipal Code, all existing overhead utilities shall be converted
to underground in accordance with the respective utility district
recommendation.
Prior to the start of construction, applicant shall submit
satisfactory evidence to the Director of Public Works of intended
compliance with the National Pollutant Discharge Elimination
System (NPDES) General Permit (Permit # CAS000002) for storm water
discharges associated construction activity.
Applicant shall comply with the provisions of Municipal Code
Section 12.12, Fugitive Dust Mitigation.
23. The site design shall include Retention Basin area that will
retain stormwaters associated with the increase in developed vs.
undeveloped condition for a 25 year storm. On going maintenance of
the retention basin area shall be the responsibility of the
property owner/developer.
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, NFPA Standards, CFC, and 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 Caiifornia
Fire Code Sec. 10.401.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure 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
structures. 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 operat�ng pressure.
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RESOLUTION NO. 95-37
4. The required fire flow shall be available from a Super hydrant(s)
(6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more
than 150' 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 field inspection by the
fire department prior to scheduling for a final inspection.
6. Prior to the application for a building permit, the developer
shall furnish the original and two copies of the water system plan
to the county fire department for review. No building permit
shall be issued until the water system plan has been approved by
the county fire chief. Upon approval, the original will be
returned. One copy will be sent to the responsible inspecting
authority.
Plans shall conform to fire hydrant types, location and spacing,
and �he system shall meet the fire flow requirements. Plans shall
be signed by a registered civil engineer oz may be signed by the
local water company with the following certification: "I certify
that the design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire Department.
The system has been designed ta provide a minimum gallon per
minute flow of 1500 gallons per minute." (Refer to min. flow
requirement(s) noted in item #Z)
7. The required fire flow may be adjusted at a later point in the
permit process to reflect changes in design, construction type,
area separations, or built-in fire protection measures such as a
fully fire sprinklered building.
8. 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 3000 square feet or more building area as measured
by the building footprint, including overhangs which are
sprinklered as per NFPA 13.f
9. Install a fire alarm (water flow) as required by the Uniform
Building Code Sec. 3803 for fire sprinkler system(s). Install
supervisory (tamperj alarms on aII supply and control valves for
sprinkler systems.
10. 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
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RESOLUTION NO. 95-37
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shall be stenciled or posted every 30' with the following: a) No
Parking Fire Lane - PDMC 15.16.090.
11. 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))
12. Install portable fire extinguishers per NFPA 10, but not less than
2AlOBC 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.
13. All buildings shall be accessible by an all-weather
extending to within 150' of all portions of the exterior
the first story. The roadway shall be not less tha
unobstructed width and 13' 6" of vertical clearance.
parallel parking is allowed, the roadway shall be 36' w
parking on both sides, 32' wide with parking on one side
end roads in excess of 150' shall be provided with a min
radius turn-around, 55' in industrial.
roadway
walls of
n 24' of
Where
ide with
. Dead-
imum 45'
14. Whenever access into private property is controlled through use of
gates, barriers, guard honses or similar means, provision shall be
made to facilitate access by emergency vehicles in a manner
approved by the fire department. All controlled access devices
that are power operated shall have a Knox Box over-ride system
capable of opening the gate when activated by a special key
located in emergency vehicles. Devices shall be equipped with
backup power facilities to operate in the event of power failure.
All controlled access devices that are not power operated shall
also be approved by the fire department. Minimum opening width
shall be 16' with a minimum vertical clearance of 13'6".
15. Contact the fire department for a final inspection prior to
occupancy.
16. Commercial buildings shall have illuminated addresses of a size
approved by the city.
17. 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.
18. Conditions subject to change with adoption of new codes,
ordinances, Zaws, or when b�i�ding permits are not obtained within
twelve months.
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RESOLUTION NO. 95-37
19. Several turning radiuses do not meet fire department standards.
Must provide a minimum 31' inside and 52' outside radius.
20. Parcel 4 currently not a part; will face a future problem when the
developer must comply with item number 13, access to within 150'
of all sides of building.
Department of Building & Safety:
1. All new and existing (northern property line) overhead electrical
distribution lines, telephones, cable antenna television and
similar service wires or cables, which are adjacent to the
property being developed, shall be installed underground as part
of development from the nearest existing pole not on the property
being developed per Palm Desert Municipal Code Section 25.56.110.
The developer or owner is responsible for complying with these
requirements per Palm Desert Municipal Code Section 25.56.130.
Planninq Commission Conditions:
1. The height of the northernmost wall of the major tenant structure
and northernmost pad shall be limited to 26 feet above present
grade.
2. The major tenant and any pad tenant will have a buildinq setback
line of at least 96 feet from the property line between the
subject property and Hidden Palms at its closest point.
3. There shall be a 25 foot building setback line for all pads along
Deep Canyon Road from the property line.
4. Owner shall maintain two rows of date palms (23 in each of 2 rows)
in a healthy condition and shall replace with similarly sized and
thereafter maintain any dead, dying, diseased date palms, in
perpetuity. Each palm to be illuminated with in-ground flush
lights. All palms elsewhere to receive same illumination.
5. Property owner shall maintain the landscaping in a healthy living
condition.
6. No equipment of any kind wi11 be located on the roof of any
structure within 150 feet of the property line of the parcel and
Hidden Palms so that the sound levels at the Hidden Palms property
line will be lower than they were before the project was built.
7. No pickup of trash or refuse of any kind shall occur between the
hours of 7:00 p.m. and 8:00 a.m.
8. All mechanical equipment, trash containers, compactors, bailers,
and electrical equipment and equipment of any kind will be located
inside the structure and there shall be no grills, louvers or
other openings in the northerly wall or side walls of any building
except the openings for truck ingress/egress from the enclosed
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RESOLUTION NO. 95-37
area. The interior of the so called "truck tunnel" shall be
thoroughly sound insulated.
9. No restaurant of any kind shall be located within 375 feet of the
southernmost line of Hidden Palms and in no event shall any such
restaurant exceed a total of 4,000 square feet. Trash/garbage for
such restaurant, if any, to be enclosed by a wall at least 8 feet
high, enclosed on all sides, to be opened only when actively in
use and to be kept clean at all times.
10. No car wash will be permitted.
11. No package liquor store shall be allowed other than package liquor
sold by the major tenant only.
12. No deliveries/pickups shall be made to and/or from any part of the
property between the hours of 10:00 p.m. and 8:00 a.m. No trucks
or other delivery vehicles may stage, stand or wait on the site
any time unless actively engaged in loading/unloading and parked
within the enclosed loading area of major tenant. Trucks must
enter/leave premises via Highway 111 only.
13. Any business conducted on any premises shall occur only between
the hours of 6:00 a.m. and 12:00 a.m. daily and at no other times.
14. Exterior lighting on the parcel shall be as detailed and not to
exceed 27 feet high, not be visible from Hidden Palms with light
to be directed to the ground only, except for palm tree lights
referred to in item #4 as delineated above.
15. There shall be no "fast food" and/or drive through activity on the
parcel pursuant to city ordinance.
16. The 13 foot high berm between Hidden Palms and the proposed
development shall extend to the west far enough to block sight of
the proposed development when viewed from the westernmost house in
Hidden Palms . Access to the berm area shall be blocked by the
installation of a wrought iron decorative fence. The presently
existing block wall that defines the border of Hidden Palms shall
be extended to the westerly boundary between Hidden Palms and the
proposed development.
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RESOLUTION NO. 95-:, ;—
EXHIBIT "C"
SPECIAL CITY COUNCIL CONDITIONS NECESSARY
TO MITIGATE THE IDE;NTIFIE�D NEGATIVE
ENVIRONMENTAL IlViPACTS THAT WOULD RESULT IF
A LARGE RETAII. SPACE IN THE CITY REMAINED
VACANT FOR AN EXTENDED PERIOD OF TIl1�iE
The following conditions shall only apply if and when a building permit is issued to American
Stores Properties, Inc. or any of its related entities ("ASPI"), allowing a new Lucky supermarket
to open on the subject property at Deep Canyon Road and Highway 111 in Palm Desert (the
"Subject Property").
C� Council Condition No. 1: Lucky Store No. 121-860, located at 73-411 Highway 111 in
Palm Desert, California, (the "121-860 Property"}, shall establish and observe hours of operation
so that the store will remain open a minimum of eight (8) hours per day between the hours of
8:00 a.m. and 8:00 p.m., unless other hours of operation for Lucky Store No. 121-860 are
approved by the City Council. This condition shall cease to apply if Lucky ceases to operate
its store at the 121-860 Property, in which case City Council Condition No. 2 shall apply
instead.
C� Council Condition No. 2: ASPI shall use good faith efforts to sublease, assign, or
otherwise transfer its interest in the 121-860 Property to an operating business (the "Successor
Tenant") within fifteen (15) days after the date that Lucky ceases to operate its store at the 121-
860 Property; provided, however, that the documents effecting the sublease, assignment or other
transfer may provide that the site may remain vacant for a reasonable period of time not to
exceed six (6) months for ASPI or Successor Tenant to remodel or renovate the Lucky Store No.
121-860 site in order to accommoda.te the Successor Tenant, and shall provide that a business
must be operating at the 121-860 Property by the end of such six (6) month period. The City
may grant an extension of time beyond the six (6) month period, if necessary to complete more
extensive modifications to the interior and exterior of facilities on the 121-860 Property.
C�y Council Condition No. 3: ASPI shall not sublease, assign, or otherwise transfer its interest
in the 121-860 Property for any uses not permitted, or conditionally permitted, in the applicable
C-1 (general commercial) zone, unless a precise plan or condidonal use permit for such use is
obtained. In addition, ASPI shall not sublease, assign, or otherwise transfer its interest in the
121-860 Property for any of the following uses (unless such use is authorized by the City
Council): funeral home; any production, manufacturing, industrial or storage use or any ldnd
or nature, except for storage and/or producdon of products incidental to the retail sale thereof
from the premises; bowling alley, skadng rink, or electronic or mechanical games arcade, except
as an incidental use to a retail or commercial business per the applicable code; theater; billiard
room or pool hall; massage parlor; discotheque; dance hall, bar or tavern; pornographic or
"adult" store; beauty school or bari�er college; child care facility; deep discount wholesale oudet,
store specializing in non-apparel close-out merchandise, or store selling merchandise direcdy
14
RESOLUTION NO.. -r37 -'
from packaging cartons; or flea market. No pharmacy use shall be permitted on the 121-860
Property until, and unless, the existing pharmacy use at the southwest corner of the intersection
of San Pablo Avenue and Highway 111 is terminated.
�j,�i y Council Condition No. 4: As security for the performance of City Council Conditions 1,
2, and 3 above, APSI shall provide the City with an irrevocable letter of credit in the amount
of Two Hundred Fifty Thousand Dollars ($250,000) in a form reasonably approved by the
Director of the Community Development Department and the City Attorney at the time of the
issuance of the building permit to ASPI for a new Lucky supermarket on the Subject Property.
The letter of credit may be drawn upon by the City if the City Council makes written findings
following a public hearing that ASPI has violated City Council Condition 1, 2 or 3, above. The
letter of credit shall terminate upon the earlier to occur of (i) ASPI's sadsfaction of its
obligadons under City Council Conditions 2 and 3, above, which shall be evidenced by delivery
to the City Council of copies of fully executed transfer documents which preclude the uses
barred by City Council Condition No. 3, (ii) the date that is five (5) years after issuance of the
building permit for the Subject Property at Dcep Canyon Road and Highway 111, or (iii)
November 30, 2004, the date when the existing lease for Lucky Store No. 121-860 terminates.
The City's rights to draw upon the letter of credit under this City Council Condition No. 4 shall
be the City's sole and exclusive remedy for violation by ASPI of City Council Condidons 1, 2
and 3, above, but shall not preclude the City from pursuing any injunctive relief in order to
obtain compliance with the City of Palm Desert's Municipal Code.
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