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HomeMy WebLinkAboutRes 2018-02 - PM 37320 - Paragon Commercial GroupRESOLUTION NO. 2018-02 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 11, 2018 REQUEST: Adopt Resolution No. 2018- 02 Approving Parcel Map No. 37320 Recommendation Waive further reading and adopt Resolution No. 2018- 02 approving Parcel Map No. 37320. Strategic Plan Objectives This action has no impact on the Strategic Plan. Background Parcel Map No. 37320 is located on the southeast corner of Highway 111 and Fred Waring Drive. This map creates a new 0.18-acre parcel for retail purposes within the existing Walmart Neighborhood Market shopping center. The Tentative Parcel Map No. 37320 was approved by the Planning Commission on October 17, 2017. Therefore, the Tentative Map will expire on October 17, 2019. This map is substantially the same as it appeared on the Tentative Parcel Map. Those conditions of approval related to the map have been satisfied, and the map conforms to the requirements of the Subdivision Map Act and City ordinances. Fiscal Analysis Theriscal impact associated with this action. Prepared by: Ron Morlo, Sr. Engineer/City Surveyor LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A Robert W. Hargreaves Bo Chin, P. City Attorney Acting Director of Public Works Jan* Moore 'ifector of Finance Lauri Aylaian City Manager January 11, 2018 - Staff Report Adopt Resolution 2018- 02 Approving Parcel Map No. 37320 Page2of2 APPLICANT: Brad Rable Paragon Commercial Group 800 Parkview Drive North El Segundo, CA 90245 ATTACHMENTS: Resolution No. 2018- 02 Conditions of Approval Tentative Parcel Map 37320 Final Parcel Map 37320 Vicinity Map RESOLUTION NO. 2018- 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL NO. 37320. BE IT HEREBY RESOLVED, by the City Council of the City of Palm Desert, California, as follows: (1) The Final Subdivision Map of Parcel No. 37320, City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to the conditions of the Tentative Map. (2) The City Engineer is directed to process the Final Map for Recording upon receipt of the required payment of all fees. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this day of , 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2709 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND TENTATIVE PARCEL MAP TO CONSTRUCT A NEW 6,800- SQUARE-FOOT RETAIL BUILDING ON A NEW .18-ACRE PARCEL; AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NOS. PP 16-396 AND TPM 37320 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of October 2017, hold a duly noticed public hearing to consider the request by PCG Palm Desert, LLC, for approval of the above -noted project request; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that this project is categorically exempt, under Class 32: In -fill Development Projects, of the CEQA. Because of the categorical exemption, no further environmental review is necessary; and WHEREAS, the proposed project conforms to the Subdivision Map Act; and WHEREAS, the project conforms with the Planned Commercial (PC-3) zone and Scenic Preservation Overlay with the type of retail in -fill development; and WHEREAS, the project maintains a land use pattern that provides an attractive building design that will help update the shopping center. The project will also provide retail options for the surrounding area and for the hotel guest within the Springhill Suites by Marriott; and WHEREAS, the General Plan encourages retail development along and around major intersections such as Fred Waring Drive and Highway 111; and WHEREAS, the project meets the intent and purpose of the Regional Retail District within the General Plan by providing retail development along and around major intersections such as Fred Waring Drive and Highway 111 that will serve the residents of the community; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: PLANNING COMMISSION RESOLUTION NO. 2709 Findings of Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Regional Retail (RR) within the General Plan. The designation is to provide a variety of large -format retail, commercial services, lodging, entertainment, and restaurant activity along or around major intersections. The proposed in -fill project falls within the intent of purpose of the RR designation by adding a retail building along Fred Waring Drive within a large retail center that will serve the residents of the community and the hotel on -site. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The project is part of a developed shopping center where all street and utility improvements, circulation patterns, and drainage improvements have been constructed and meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The existing commercial site has been developed and in operation for over 20 years, and the new .18-acre parcel will be suitable for the new retail building proposed. Environmental and traffic studies were prepared for the original development and the new project will not require additional studies. In addition, existing commercial developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding sites were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. 4. That the site is physically suitable for the proposed density of development. The property allows for in -fill commercial developments and the proposed density is minor with a 6,800-square-foot building. Directly north, south, east, and west are properties with similar uses, site layout, and density are consistent with surrounding development. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, the project is categorically exempt, under Class 32: In -fill Development Projects. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses. In addition, the project will pay into the Coachella Valley 2 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2709 Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Pedestrian access is provided along Fred Waring Drive. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The parcel map identifies the use of this area, and the applicant is responsible for the maintenance of the retention. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete minor improvements within the existing commercial parking lot. NOW, THEREFORE, BE IT ORDAINED 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 Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of the Precise Plan of design and Tentative Parcel Map 37320, as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 17th day of October 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 4��C11 / RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION NANCY D UNA, CHAIRPERSON 3 PLANNING COMMISSION RESOLUTION NO. 2709 CONDITIONS OF APPROVAL CASE NOS: PP 16-396 and TPM 37320 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record Tract Map 37320 within two (2) years of project approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The Precise Plan shall expire, if construction of said project shall not commence within two years 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. Any proposed changes to this Precise Plan will require an amendment to the application, which will result in a new public hearing. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 7. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 8. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 9. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 4 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2709 DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Parcel Map and any permits: 10. The final parcel map shall be submitted to the City Engineer for review and approval. 11. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 12. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 13. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 14. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 15. Identify all proposed and existing utilities on the precise grading plan. 16. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 17. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County's Recorder Office and a conformed copy shall be provided to the Department of Public Works. 18. Prior to City Council approval of a final parcel map, the applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements including but are not limited to an ADA compliant ramp on Fred Waring Drive. 19. The street adjacent sidewalk on Fred Waring Drive shall remain 8 feet and the internal sidewalk adjacent to the building shall be 6 feet. 20. The applicant shall make traffic modifications at the intersection of Desert Crossings and Highway 111, which shall consist of removals of striping and loop detectors as well as restriping for ingress and egress as directed by the Department of Public Works. 5 PLANNING COMMISSION RESOLUTION NO. 2709 BUILDING AND SAFETY DEPARTMENT: 21. This project shall comply with the latest adopted edition of the following codes. A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 22. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 23. An accessible access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 24. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 25. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 26. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 27. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 28. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 29. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. 6 1 11 V a i ii I ill i ! E11 +:1` E i Ill iii• Ei 7.1 lgk§;111: 1iitlig ill ill r tt [ h liai� 1 i is E1 I I 1 1 i g r Via E1$ 11 Ei1 1! 1 @1 R i g g!$ 14; lb' IA 1 ' 1 L1Ii i .i'.[1t�i1IIE1iI Q` E .! '1/111111/1'. � ; 1 �� 1 k@a (■ ; a Ei ! ' $ , F E ii-I �� ji' i ' �►@ i14e9 � IJL , �1 hi 1 11 a @li t E i 14iE ,� 1� ■e k1 jE h $ i iE 111 F. I�! '1Uii iE!.) 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