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HomeMy WebLinkAboutSP-PP-CUP-EA 16-188 - TPM 37157 - Monterey CrossingOrdinance No. 1323 Resolution No. 2017-38 Resolution No. 2017-39 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF A REQUEST TO APPROVE A MITIGATED NEGATIVE DECLARATION, SPECIFIC PLAN, PRECISE PLAN, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP 37157 FOR MONTEREY CROSSING, AN 18-ACRE COMMERCIAL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: Fountainhead Shrugged, LLC c/o: Ms. Vasanthi Okuma 1401 Quail Street, Suite 100 Newport Beach, CA 92660 CASE NOS: SP/PP/CUP/EA 16-188 TPM 37157 DATE: May 11, 2017 ATTACHMENTS: 1. Draft SP/EA Ordinance No. 1323 2. Draft PP/CUP 16-188 Resolution No. 2017- 38 3. Draft TPM 37157 Resolution No. 2017- 39 & Draft Minutes 4. Planning Commission Resolution No. 2693 5. Legal Notice 6. Architectural Review Commission (ARC) Notice of Action & Minutes 7. Initial Study and Mitigated Negative Declaration (MND) 8. Monterey Crossing Specific Plan 9. Architectural Exhibits, Site Plans, Landscape Plans Recommendation 1. Waive further reading and pass City Council Ordinance No. 1323 to second reading approving the Monterey Crossing Specific Plan document and a Mitigated Negative Declaration of Environmental Impact. 2. Waive further reading and adopt City Council Resolution No. 2017- 38 , approving a Precise Plan and a Conditional Use Permit for the Monterey Crossing commercial development, subject to conditions. 3. Waive further reading and adopt City Council Resolution No. 2017- 39 , approving Tentative Parcel Map 37157, subject to conditions. Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 2 of 7 May 11, 2017 Planning Commission Recommendation The Planning Commission considered the Specific Plan and supporting documentation at their meeting of April 4, 2017. The Commission discussed various aspects of the development, particularlythe screening of roof -mounted equipment along MontereyAvenue. The Commission voted 4-0-1 (Commissioner Gregory absent) in favor of recommending approval of the project to the City Council. Commissioner Greenwood commented that the proposed project is going to be great for the City. There was an incredible amount of attention to detail and the architecture is beautiful, which would complement the City. Chair DeLuna commented the applicant on the pedestrian plaza and connectivity provided within the site and stated that it is a good example of the connectivity and development types discussed in the new General Plan. Strategic Plan Approval of a new 18-acre commercial development accomplishes the following Priorities listed in the Envision Palm Desert — Forward Together - Strategic Plan: 1. Economic Development — Priority 1: "Expand job and business creation opportunities." 2. Land Use, Housing, & Open Space — Priority 1: "Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses." Executive Summary Approval of staffs recommendation will result in approval of a Specific Plan, Precise Plan, Conditional Use Permit, and Tentative Parcel Map for a new commercial development at the intersection of Monterey Avenue and Dinah Shore Drive. The project, referred to as "Monterey Crossing," covers 18 acres of a regional mixed -commercial center that includes drive -through restaurants, shop and retail buildings, automotive services, and hospitality facilities. Staff is recommending approval of the project as submitted and subject to conditions. Background A. Property Location: The 18-acre site is located at the northeast corner of Monterey Avenue and Dinah Shore Drive. The Specific Plan document establishes a new regional commercial shopping center at the site that accommodates drive -through restaurants, shop and pad buildings, an automotive repair center, a potential automotive dealership, and four-story hotel. B. General Plan and Zoning: Zoning Designation(s): • PC - 3; Planned Regional Commercial • FCOZ — Freeway Commercial Overlay Zone G.'\.Plann,ng\Eric Ceta.Case Files\Monterey Crossings•Cdy CouncJ\CC - Staff Report Monterey Crossings doc Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 3 of 7 May 11,2017 General Plan Land Use Designation(s): • Regional Retail District C. Adjacent Zoning and Land Use: North: Riverside County — Interstate 10/Union Pacific Railroad South: PC-3 — Desert Gateway Shopping Center East: SI — Service IndustrialNacant Land West: PC-3 — Monterey Shores Shopping Center Project Description The applicant has submitted a Specific Plan document for the development of a mixed - commercial regional shopping center that includes drive -through restaurants, shop and pad buildings, a four-story hotel, and options for automotive -related uses. The property is zoned Planned Regional Commercial (PC-3) with a Freeway Commercial Overlay Zone (FCOZ) and, as required by the FCOZ, the applicant has prepared a Specific Plan document for development of the site. A. Specific Plan The applicant has submitted the Monterey Crossing Specific Plan (Specific Plan) document to develop 18 acres at the northeast corner of Monterey Avenue and Dinah Shore Drive. The Specific Plan includes information related to the existing conditions of the site, existing and proposed street circulation patterns, a land use and site plan, development standards, and design criteria for the development of four (4) distinct districts. The objective of the Specific Plan is to provide the City with a high -quality development plan for a regional commercial center that expands employment opportunities, expands the City's tax base, and provides flexibility to existing zoning standards and land uses in proximity to the Monterey Avenue interchange. Districts within the specific plan are as follows: Restaurants and Shop Retail District: This district is located at the southwest portion of the project site and consists of five (5) buildings. Three (3) of the five (5) buildings are identified for drive -through restaurants. The two (2) buildings closest to the intersection of Monterey Avenue and Dinah Shore Drive consist of a mix of retail and restaurant space. The two (2) buildings are adjacent to a public plaza space that makes them attractive for sit-down restaurants and enhances the center's presence at the intersection. Per the Specific Plan, retail buildings are allowed a maximum building height of thirty-five (35) feet with architectural elements up to forty-five (45) feet. Hotel District: This district consists of a single four-story hotel building located at the northwest corner of the project site. The hotel is shown parallel to Monterey Avenue with a pool and outdoor areas located along Monterey Avenue. Due to the slope created by the Monterey Avenue interchange, setbacks of thirty (30) feet are provided between the roadway and outdoor spaces. Per the Specific Plan, hotel buildings are allowed a maximum building height of fifty (50) feet with architectural elements up to sixty (60) feet. G `Planning'Enc Ceta:Case Rles`Monte•ey Cross,rgstC,ty CourcthCC - Staff Report Monterey Cross,ngs doc Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 4 of 7 May 11, 2017 Major Retail District: This district consists of up to 30,000 square feet of retail space for mid- sized box retail stores. Due to the proximity of the freeway and existing mid -size retail stores in the area, the Specific Plan allows flexibilityfor this district to accommodate a second hotel. The hotel would occupy approximately the same space as the retail buildings shown on the site plan. Northeast District: This district encompasses the eastern portion of the project site and includes all areas east of the main project entrance from Dinah Shore Drive. The intent of this district is to allow auto -oriented uses, including automotive repair and sales, drive - through restaurants, service stations, and similar types of uses. In addition, a third hotel site is possible within this district. All automotive services are screened from public view along Dinah Shore Drive and a thirty (30)-foot landscape buffer is provided between any building and the roadway. B. Tentative Parcel Map Tentative Parcel Map 37157 was prepared to subdivide the project site and to create sellable portions of the project for interested tenants and businesses. A total of eleven (11) parcels are created within the project boundaries. Each parcel contains at least one building pad and parking facilities. Reciprocal access and parking easements are provided for all eleven (11) parcels. C. Circulation The project area is bounded by Monterey Avenue to the west, Dinah Shore Drive to the south and southeast, and Union Pacific Railroad to the north. Monterey Avenue and Dinah Shore Drive are built out to their ultimate configuration. Because Monterey Avenue rises to the north to cross the railroad and Interstate 10 (1-10), no vehicular access is provided into the project site from Monterey Avenue. Three vehicular access points into the project are provided along Dinah Shore Drive; one at the intersection of Dinah Shore Drive and Toni Way, one east of that intersection, and one at the southeast corner of the project. The Dinah Shore Drive and Toni Way intersection is signalized and will be improved to accommodate two left -turn pockets from Dinah Shore Drive into the project site. The southeast project entry will also have an unprotected left turn in from Dinah Shore Drive, while the middle project entry is limited to right -in and right -out vehicular movements. Dinah Shore Drive will also be improved to accommodate new sidewalks and landscape along the project perimeter. Analysis A. The Specific Plan: The current zoning designation for the property is PC-3 with an FCOZ. In accordance with the FCOZ, a Specific Plan document was prepared for development of a new commercial center. This Specific Plan is designed to establish a master site plan and coordinate land G'.PIammng'•Fno Ce!a',Case F,;es\Monterey Cress,ngs'\Ci:y Counc;J.CC - Staff Reocrt Monterey Cross.ngs doc Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 5 of 7 May 11, 2017 uses on properties in proximity to a freeway interchange. The applicant has satisfied this requirement by preparing the Specific Plan document. The Specific Plan document has been prepared in accordance with State Government Code Section 65450-65457, which sets standards for document content and provides direction for adoption. The plan itself must be consistent with the City's General Plan, and must contain statements regarding the relationship of the Specific Plan to the City's General Plan. Statements regarding consistency are provided in the Specific Plan (pages 48-54). Staff supports the Specific Plan document as a means of identifying desirable land uses and development standards for this particular project. As proposed, the Specific Plan establishes a distinct project and provides a commitment of what will be built within the project boundaries, commits development of the project to a unifying architectural theme, and provides sufficient flexibility for changes to the project. Infrastructure distribution, including sewer, water, electricity, natural gas, communications, solid waste and drainage, is also included in the document. Infrastructure for such utilities is available in the immediate vicinity and the utility companies have confirmed that existing services are adequate to serve the build -out of the specific plan boundaries. Building Heights and Development Standards In general, the Specific Plan document follows the development standards established in the PC-3 zoning district. Perimeter street setbacks (30 feet), landscape requirements (20%), and maximum building coverage (40%) conform to the development standards of the PC-3 zone. The PC-3 zoning district also establishes a maximum building height of thirty-five (35) feet. Retail buildings within the Specific Plan boundaries conform to the maximum building height standards. The Specific Plan also allows for an additional building height for architectural elements consistent with the allowances of Section 25.40.040 of the Municipal Code. The Specific Plan establishes a maximum building height of fifty (50) feet for hotel developments within the project boundaries. This height limit exceeds the maximum building heights established in the PC-3 zone by fifteen (15) feet. Staff is supportive of the height increase, only for the hotel development, as existing hotels in the vicinity were approved at forty-two (42) feet (Hampton Inn), fifty-six (56) feet (Fairfield Inn), and fifty (50) feet in height for the Millennium Specific Plan. In addition, hotel development at this site is sufficiently distant from existing residential development, is partially screened by the Monterey Avenue interchange, and impacts to surrounding views are limited. Architectural Standards Architectural plans for buildings 5, 6 and 8, and for the pedestrian plaza at the corner of Monterey Avenue and Dinah Shore Drive have been reviewed and approved by the City's ARC. The remaining buildings within the Specific Plan boundaries will require additional review by the ARC through an Architectural Review Application. The Specific Plan establishes architectural and design guidelines for all remaining buildings. The Specific Plan also provides a conceptual architectural rendering for all remaining buildings at the site, with G •PIanvng»Enc Cep \Case Files\Monterey Crossings\C ty Council\CC - Staff Report Monterey Crosvngs.doc Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 6 of 7 May 11. 2017 the exception of parcel 9. Because architectural renderings and color and material samples are incorporated into the Specific Plan, all new buildings will adhere to the standards provided for within the document. Staff believes that the document provides sufficient information and guidance to require compatibility and quality architecture for any new building development. Staff is recommending a condition of approval to require an Architectural Review Application for any new building development with the exception of buildings 5. 6, and 8. Plan Flexibility The Specific Plan allows for sufficient flexibility in the ultimate land uses proposed within the project boundaries. Most parcels within the project boundaries have identified specific uses that will be built to satisfy the Specific Plan. However. parcels 1, 2, 8, 9, 10, and 11, which make up the Hotel, Major Retail and Northeast District of the Specific Plan, allow for additional land use considerations. Specifically, the plan allows consideration of new hotel development on those parcels. Because this flexibility is built into the Specific Plan, amendments to consider those changes are not necessary, and staff would perform a consistency review of any land use changes. Since new buildings will also require review by the ARC, staff is comfortable with the flexibility of the plan and believes that additional hotel development in proximity to the freeway is a benefit. One critical factor influencing the Specific Plan is the current peak traffic volumes, and the project's contribution to those traffic volumes, at the intersection of Monterey Avenue and Dinah Shore Drive. The flexibility in the plan may allow for changes in land uses so long as the developer can demonstrate that vehicle trips generated by these changes do not exceed the trip generation allocated under the Traffic Impact Analysis. Any changes to the land use will require additional staff review and demonstration by the developer that the traffic volumes are below the PM Peak trip budget. B. Tentative Parcel Map 37157 The parcel map to subdivide the project site into individual parcels conforms to all City standards and the Subdivision Map Act. All parcels have reciprocal parking and an access easements to allow for vehicular and pedestrian movements within the project area. In addition, Codes, Covenants and Restrictions (CC&Rs) will be established to further define the responsibilities of all property owners within the Specific Plan. C. Circulation The circulation pattern internal to the site conforms to City standards for travel lane widths, vehicular stacking requirements, and parking stall dimensions. Every effort has been made to ensure that drive -through facilities have proper vehicle stacking and that vehicle queues are screened from public view. The main entry into the project at Dinah Shore Drive and Toni Way is also enhanced to create a grand entry and sense of identity for the project. The project necessitates modifications to the surrounding roadway, specifically the following: the Monterey Avenue and Dinah Shore Drive intersection and Dinah Shore Drive. The G .Plann ny\Eric Cep \Case F,es'Monterey Crossings\C,ty Counc I\CC - Staff Recort Monterey Cross.ngs.doc Staff Report Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157: Monterey Crossing Specific Plan Page 7 of 7 May 11, 2017 Monterey Avenue and Dinah Shore Drive intersection will be modified to accommodate a triple left -turn lane for eastbound traffic on Dinah Shore Drive heading north on Monterey Avenue, and a double -left turn lane for westbound traffic on Dinah Shore Drive heading south on Monterey Avenue. The project will also require modification of the intersection of Dinah Shore Drive and Toni Way to provide a double left -turn lane into the project site. Modifications to the existing median will also be made to accommodate a left -turn lane into the project site at the eastern most project entrance. The modifications to the Monterey Avenue and Dinah Shore Drive intersection, the Dinah Shore Drive and Toni Way intersection, and the Dinah Shore Drive median have undergone extensive review by the City's Traffic Engineer and in consultation with the City of Rancho Mirage. The roadway modifications are acceptable to City staff and should improve existing circulation patterns in the project vicinity and accommodate traffic generated by this project. Environmental Review For the purposes of the California Environmental Quality Act (CEQA), the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has prepared Mitigated Negative Declaration of Environmental Impact (MND). The initial study and MND are attached as part of this report and filing of the MND has occurred in accordance with CEQA Guidelines. Findings of Approval Findings in support of the project can be made and are provided in the Ordinance and Resolutions attached to this staff report. Submitted By: Eric Ceja, Principal P Department Head: Ryan Stendell, Director of Community Development Approval: Lauri Aylaian, City Manager G '•Planning\Enc Ceta.Case Files\Monterey Crossings\City Council\CC - Staff Report Monterey Crossings doc ORDINANCE NO. 1323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MONTEREY CROSSING SPECIFIC PLAN, AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE DEVELOPMENT OF A MIXED -COMMERCIAL DEVELOPMENT ON 18 ACRES LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE CASE NO: SP/EA 16-188 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April, 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted and adopted Planning Commission Resolution 2693 recommending approval of The Monterey Crossing Specific Plan and supporting applications, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of May 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of The Monterey Crossing Specific Plan, and adopted a Mitigated Negative Declaration for the above noted project; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The Monterey Crossing Specific Plan, Precise Plan, Conditional Use Permit, and Tentative Parcel Map 37157, as proposed, are consistent with the goals and policies of the Palm Desert General Plan, including that the project will provide for the development of a mixed -commercial regional shopping center. 2. The Monterey Crossing Specific Plan complies with provisions of the City's General Plan and Zoning Ordinance in that the plan provides for the development of a mixed -commercial shopping center in proximity to Interstate 10 and at land use intensities similar to surrounding commercial development. In addition, the preparation of the Specific Plan conforms to the requirements established by the Freeway Commercial Overlay Zone, which requires the preparation of a specific plan document for new development within the overlay. ORDINANCE NO. 1323 3. The Monterey Crossing Specific Plan will provide land use compatibility within the boundaries of the planning area and with adjacent properties as the proposed uses and development standards are similar to existing uses to the south, west and east. 4. The Monterey Crossing Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial development and land uses that are compatible with the proximity to Interstate 10. Development will comply with applicable City development standards and standards approved as part of the Specific Plan. 5. That the proposed Tentative Parcel Map is not detrimental to the public health. safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. NOW, THEREFORE, BE IT ORDAINED 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 City Council in this case. 2. That the City Council does hereby approve the Monterey Crossing Specific Plan and adopt the Mitigated Negative Declaration, as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA day of 2017, by the JAN C. HARNIK, MAYOR G.\Planr.ng`.Enc Cep \Case Files\Monterey Cressings\C ty Couic I\CC - SP _EA Ord docx 2 RESOLUTION NO. 2017- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL USE PERMIT FOR THE MONTEREY CROSSING SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE CASE NO: PP/CUP 16-188 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April, 2017. hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted and adopted Planning Commission Resolution 2693 recommending approval of The Monterey Crossing Specific Plan and supporting applications, including the Precise Plan and Conditional Use Permit, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of May 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted Precise Plan and Conditional Use Permit; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The Monterey Crossing Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossing Specific Plan is compatible with adjacent properties and surrounding uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossing Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. RESOLUTION NO. 2017- 38 4. That the proposed Precise Plan and Conditional Use Permit are not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a mitigated negative declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Precise Plan and Conditional Use Permit 16-188, as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of May 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR G.'PIannirg\Erc Ce,a\Case Flies;Monte•ey Crossings\C ty Counca;.CC - PP CUP Reso. 2 RESOLUTION NO. 2017- 38 CONDITIONS OF APPROVAL PP/CUP 16-188 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all building pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. 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 Specific Plan and all Palm Desert 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 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. 5. Land uses identified in the City's Planned Regional Commercial zoning district and Freeway Commercial Overlay Zone are permitted within the boundaries of the Specific Plan. 6. Each developable building pad shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 7. All building pads shall develop in a manner consistent with the development standards contained in the Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code. 8. All future building development within the project site shall generally conform to the architectural renderings provided in the Specific Plan and Precise Plan applications. Building design deviations are permitted, but shall conform to the architectural guidelines and colors and material samples provided for in the Specific Plan. G `.P:ar,n:ne\Eric Ceja\Case Poles\Monterey Crossirgs\City Council \CC - PP_CUP Reso. is a 3 RESOLUTION NO. 2017- 38 9. Architectural plans for buildings 5, 6 and 8, and the pedestrian plaza at the intersection of Monterey Avenue and Dinah Shore Drive were approved by the City's Architectural Review Commission and Planning Commission. All other buildings within the Specific Plan shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for final approval. 10. All Architectural Review applications shall include a line of sight study from high, medium, and low points along Monterey Avenue and Dinah Shore Drive to confirm that all roof -mounted equipment is properly screened from the surrounding roadways. 11. Parcels 1, 2, 8, 9, 10, and 11, may propose alternative land uses and site design other than those identified in Tentative Parcel Map 37157. Land uses and site design shall conform to the language provided for in the Specific Plan, including that any alternative land uses or site design does not exceed the P.M. Peak trip budget identified in the Traffic Impact Analysis prepare for this Specific Plan. Any alternative plans shall be reviewed in accordance with the Specific Plan and by the Director of Community Development. 12. All drive -through restaurant queues, and automotive service and repair bays, shall be screened from public views along Dinah Shore Drive and Monterey Avenue. Screening methods shall include block walls, landscape mounding, and landscape hedges. Screening methods for these uses shall be identified in the Architectural Review application. 13. Final landscape plans shall be prepared by a registered and licensed landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. b. Planting plans must show the location of proposed and existing utilities. c. Must match approved civil plans. d. All specifications and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. f. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 14. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on -site public art G \Plarning\Enc Cep \Case Files\Monterey Crossings\City Counc'\CC - PP _CUP Reso. c�, 4 RESOLUTION NO. 2017-38 project within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 15. Lighting and photometric plans shall be submitted in accordance with the Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural. street, parking lot, or other lighting types within the project area. 16. Any stand-alone hotels within parcels 2 and 9 shall have architectural details, massing, articulation, and forms appropriate for a stand-alone building. Architectural details shall be reviewed by the City's Architectural Review Commission in accordance with this condition. 17. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: 18. Tentative Parcel Map 37157 shall retain to the 100-year storm. 19. 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. 20. Identify all proposed and existing utilities on the precise grading plan. 21. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 22. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 23. 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 Public Works Department. 24. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. G `.P;anrnnq\Pnc Ceta'Case foes\Monterey Cross,ngs\Cdy Ccunc \CC - PP_CUP Reso. :orr 5 RESOLUTION NO. 2017- 38 BUILDING AND SAFETY DEPARTMENT: 25. Development of 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. 26. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 27. A disabled 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 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 28. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 29. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-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. 30. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 31. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to the Department of Building and Safety. Pools and Spas for public use are required to be accessible. 32. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 33. 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. G'\Ponr ng'.Er.c Cep \Case Files',Momerey Crossngs\Cty Counc:\CC - PP_CUP Reso. -i 6 RESOLUTION NO. 2017- 38 34. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from 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 PDMC Section 15.28 from the Department of Building and Safety counter staff. 35. Please contact Cherie Williams, Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 36. The project may have a cumulative adverse impact to the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increases presence of structures, traffic and population. This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 37. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to the building permit issuance. 38. Fire Department water systems(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. G..Pianning\Enc Ceta,Case Rles',Monterey Crossings,Cty Counc CC - PP_CUP Reso. : 7 RESOLUTION NO. 2017- 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37157 TO SUBDIVIDE 18 ACRES INTO ELEVEN PARCELS FOR THE MONTEREY CROSSING SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE CASE NO: TPM 37157 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April, 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted and adopted Planning Commission Resolution 2693 recommending approval of the Monterey Crossing Specific Plan and supporting applications, including the Tentative Parcel Map, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of May 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted Tentative Parcel Map; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The Monterey Crossing Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossing Specific Plan is compatible with adjacent properties and surrounding uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossing Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. RESOLUTION NO. 2017- 39 4. That the proposed Tentative Parcel Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a Mitigated Negative Declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The project includes a mix of commercial uses and intensities ranging from drive -through restaurants, pad buildings, general retail, and automotive services. In addition, hospitality facilities for up to three hotel sites are provided within the project area. The General Plan identifies the project area as being within the "Regional Retail District" and encourages the mix of "large -format retail, commercial services, and lodging." As it relates to General Plan Land Use Goal 1 and 2, the project provides a scale of development suitable for the Monterey Avenue corridor and provides a pedestrian focus by providing interconnecting pedestrians paths and sidewalks both internally to the project and externally to the surrounding developments. Specifically, the project complies with Land Use policy 2.9 "Commercial Requirements" in that building frontages are sidewalk adjacent, vehicle intrusions across sidewalks are minimized, and an outdoor plaza and dining areas are provided. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for the type of development. The 18-acre site located at the northeast corner of Monterey Avenue and Dinah Shore Drive is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the project site. No environmental issues were identified that would indicate that development G'.Planning••Enc CetatCase Fles'•Monterey Crossrgs\City Council \CC - TPM Reso docx 2 RESOLUTION NO. 2017- 39 in this area would be unsuitable. In addition, existing regional commercial centers in the vicinity have successfully constructed similar types of development and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the Initial Study and Mitigated Negative Declaration. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by regional commercial centers to the south, southwest, and west, and the Union Pacific Railroad to the north. As proposed, the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan includes commercial and hotel development within the project area at heights and intensities similar to existing commercial and hotel uses in the vicinity and along Interstate 10 in the City of Palm Desert. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration of Environmental Impact has been prepared. 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 densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley 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 of the parcel map are in compliance with all grading, drainage, shared vehicle access and parking requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways. Mitigation measures are also in place to minimize air and noise impacts from the adjoining railroad and freeway. G',Planning\Enc Ceta\Case Files Monterey Cross.ngs\Cdy CouncilCC - TPM Reso.docx 3 RESOLUTION NO. 2017-39 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 proposed project will utilize and enhance existing drainage and electrical distribution easements located within and adjacent to the project site. The parcel map identifies existing easements within the project area and will record an easement for drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will make modifications to Dinah Shore Drive for project access. In addition, the developer and the City will make modifications to the existing signalized intersection of Monterey Avenue and Dinah Shore Drive to accommodate any increased traffic demand. Pedestrian connections are provided throughout the project area and an enhanced pedestrian plaza is provided at the intersection of Monterey Avenue and Dinah Shore Drive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Tentative Parcel Map 37157as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of May, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN C. HARNIK, MAYOR GnPlanningEnc Ceta,Case Files,Monterey Crossings`C ty Council\CC - TPM Reso docx 4 RESOLUTION NO. 2017- 39 CONDITIONS OF APPROVAL CASE NO: TPM 37157 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all building pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record Tentative Parcel Map 37175 within two (2) years of project approval. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. 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 Specific Plan and all Palm Desert 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 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. 5. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: 6. The parcel map shall be submitted to the City Engineer for review and approval. 7. Easements for drainage, reciprocal access, parking, sidewalk and public utility purposes shall be required on the parcel map. 8. Right-of-way, as may be necessary for the construction of required public improvements, shall be provided on the parcel map. G.\.Planr,ng\Erc Ce;a'Casc Nes\Monterey Crossings\City Council\CC - TPM Reso docx 5 RESOLUTION NO. 2017- 39 9. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to the City of Palm Desert specifications. 10. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code; however, the Specific Plan allows modifications of the pads of plus or minus 2'0" as approved by the Community Development and Public Works Departments. 11. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 12. Prior to City Council approval of final parcel map 37157, 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: a. The traffic signal modification at Toni Way and Dinah Shore Drive. b. Construction of an 8' curb adjacent sidewalk on Dinah Shore. c. Median modification on Dinah Shore Drive per design approved by the Department of Public Works. d. Traffic signal vehicle detection and striping modification on Dinah Shore Drive for an eastbound triple left turn and dual westbound left turn lanes on Monterey Avenue. G \Plannirg,Enc Ceja\Case F Ies'Monterey Crossings•.City Courcil\\CC - TPM Reso docx 6 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of March 21, 2017. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Case No. TT 36342 (WSI Mojave Investments, LLC, Irvine, California, Applicant). Rec: By Minute Motion, approve a one-year extension for Case No. TT 36342 until May 3, 2018. On a motion by Vice Chair Pradetto, second by Commissioner Greenwood, and a 4- 0-1 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. RE, UEST FOR•CONSIDERATION.of a recommendation to the City Council to apprawe:.a Mitigated Negative Declaration, Specific Plan, Precise Plan, Conditional Use 'Permit, and Tentative Parcel Map 37157 for Monterey Crossings, a01,8-acre commercial development located at the northeast corner of Monterey Avenue and. Dinah Shore Drive. Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157 (Fountainhead Shrugged, LLC, Newport Beach, California, Applicant). Mr. Eric Ceja, Principal Planner, presented the staff report (staff report is available at www.citvofoalmdesert.ora). He referred to Condition of Approvals No. 32. He said that park fees are not applicable to commercial projects; therefore, staff recommended to strike Condition of Approval No. 32. At the end of his presentation, he showed a video of the proposed project. Staff recommended that the Commission approve the project and allow it to move forward to a public hearing with the City Council. He offered to answer any questions. Commissioner Lindsay Holt asked what the City's hotel occupancy rates are. 2 G \Planning\Monica OReilly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Mr. Stendell responded that the City's annual occupancy average is below 70 percent; however, it is on the rise. He commented that the applicant may have more market data. Commissioner Holt inquired if the traffic improvements would be done in phases. Mr. Ceja replied that traffic improvements would begin when construction starts on the project. Commissioner Holt asked if there is a timeline for the leasing or sale of the lots in the development. When would construction begin? Mr. Ceja said he did not know and would let the applicant..answer that question. • Vice Chair Joseph Pradetto asked what would happen if the: Planning Commission did not strike Condition of Approval No. 32. Mr. Ceja responded that it would move forward to the City Council, and the applicant would not have to pay the fee since it does not apply to commercial projects. He noted that Condition of Approval No. 32 is a correction item by staff. Chair DeLuna commented . that . the applicant .proposed three left -turn lanes eastbound on Dinah Shore Drive. However, the video only shows two left -turn lanes. Mr. Ceja said that the video was prepared for the Architectural Review Commission (ARC) before the Traffic Impact Analysis was accepted by the City. Chair DeLuna :asked what the height is of the proposed hotel that would extend above from the.Monterey Avenue grade. Mr. Ceja: respondedthat the height...would look similar to the Marriott Fairfield currently being built `onCook Street next to Interstate 10 (1-10). Chair DeLuna mentioned that the video does not show the architecture of the hotel and how it fits in with the other buildings. She asked if the second proposed hotel sitewould be along the railroad tracks. Mr. Ceja replied that is correct. Chair DeLuna inquired if the second hotel is intended to be 60 feet. Mr. Ceja replied that the second proposed hotel would fall under the same development standards as the first hotel, which is a height of 50 feet. The video was shown again to show the hotel building. Chair DeLuna pointed to the video and asked if the hotel height shown above Monterey Avenue is to scale. Mr. Ceja replied yes. 3 G \ Planning \Monica ORelly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Chair DeLuna said that there would be automotive uses. She inquired if automotive uses would include a car wash or a gas station. Mr. Ceja replied potentially yes. It could allow for any number of automotive related uses. He noted that there are conditions in place such as, if there is an automotive repair area, bays cannot be visible from Dinah Shore Drive. Commissioner Greenwood referred to the northeast area of the site where there seems to be a two-lane road; however, the road terminates at the property line. He asked if the road is for a farther connection or a receptacle access when the adjacent parcel gets developed. Mr. Ceja explained that there are several easements that crisscross the site plan. One is a sewer easement along the northern property line._Therefore, the applicant is providing a two-way road over the sewer easement. He noted that the area behind the auto dealer location is not only for the sewer easement. If the use changes, there would still be a road that connects to the backside of that parcel. Commissioner Greenwood pointed to pads 3 and:4. He said from looking at the renderings, it appears you are able to look into the roofs. He asked if there were any discussions with the applicant in terms of providing sight studies from the Monterey Avenue overpass through multiple stages at pads1, 3, 4, and 5. Mr. Ceja responded that staff did ,not request sight studies from the roofs near the roadways. He stated that the ARC :echoed: Commissioner Greenwood's concern. He said the applicant has updated their drawings that:show parapet walls at a sufficient height and well. above the equipmenUHe also said that some of the returns on the architecture are four sided to help hide the roof equipment. In terms of the ::SpecificPlan.and the language pertaining to the height increase, Commissioner Greenwood asked `if.<:the 'language in the Specific Plan should be adjusted if:a secondary hotel is proposed. He noted that ARC would review the first hotel becauseof the architecture and the context of the site. In his opinion, he felt the architecture of the secondary hotel would be more substantive, more massing and more articulation because it stands alone and would read a little different on the site. Mr. Ceja :replied that the hotel site shown in the corner is partially screened by Monterey Avenue so a stand-alone building at that hotel height might read differently at parcel 2C He:believed that the Planning Commission could add a condition to have language added to the Specific Plan to address Commissioner Greenwood's concern, and the ARC would review the second hotel under the added guidelines. Chair DeLuna asked if the Planning Commission discusses signage such as height, color, and logos. Mr. Ceja stated that a master sign program for the proposed development has been approved by the ARC. 4 G \Planning\Monica ORelly\Planning Commission \2017\Minutes\4-4-17 tlocx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Chair DeLuna asked what the allowed height of freestanding signs along the freeway is. Mr. Ceja replied that there are no criteria for these signs along the freeway because they are prohibited at this time. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. VASANTHI OKUMA, representative for Fountainhead Shrugged, Newport Beach, California, thanked staff for working with them. They were very clear on what they wanted to see at Monterey Crossings such as high quality architecture and a good site design, which coincided with their vision` for'the project. She noted that they have a tremendous amount of interest in the site from various high -quality national tenants (hotel, food, and retail), and felt that it would be a successful project for Palm Desert. She said that other members of their team are present to answer questions: the planning consultant, the landscape architect, the California Environmental Quality Act (CEQA) consultant, and the civil engineer. Ms. Okuma hoped for the Planning Commission's recommendedapproval to the City Council. She added that they hope to start construOtion;.in;2018, and have the first phase open in the middle of 2018. She offered to answer<any questions. Commissioner Greenwood asked Ms. Okuma to elaborate on the phasing of the project. MS. OKUMA replied that they expect to have the'two pads along Dinah Shore Drive and the plaza to be completed in the>frst phase, as well as the pad immediately to the north at the'corner and the tire store (to the right of the main driveway). The hotel would be part of the second phase. Commissioner Greenwood inquired :if the site improvements and landscaping are part of:the first phase. MS. OKUMA replied that everything south of the main driveway that goes east and west up to the hotel would be constructed as part of the first phase, as well as the landscaping. Commissioner Greenwood asked how much time between the completion of the first phase and the beginning of the second phase. MS. OKUMA believed that the time between phases would be six months. They are still actively marketing the site. Commissioner Greenwood stated that it is a beautiful project. He noted that there is a lot going on at pads 3 and 4. He voiced his concern with the functionality of the drive -through on pad 3, with cars stacking up in the drive -through and cars not able to back out of the parking stalls. In addition, the applicant has done a great job with the line of sights from the overpass along Monterey Avenue in maintaining and continuing the integrity of the architecture on all four sides. However, he is concerned with seeing equipment, even with the screening and parapet elevations. 5 G \Planning\Mon,ca OReilly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 He is interested in looking at some sight section studies, stacked from north to south looking and cutting directly east and west from Monterey Avenue heading east from pads 1, 2, 3, 4, and 5 to really understand if there are impacts. He stated that some renderings might be deceiving. He noted that same comment would apply from the Gateway development on the south, cutting through Dinah Shore Drive heading directly north. MS. OKUMA replied that they are valid concerns and concerns that were raised by the ARC. She would have Mr. John Loper address the site design. She said the architects could also address the parapets. She noted when they prepared the animation; all of the rooftop equipment was modeled into that animation, which cannot be seen. MR. JOHN LOPER, Palm Tree Communities Consulting, Inc., Irvine, California, stated that he wrote the Monterey Crossings. Specific Plan; :and assisted with the entitlement process and planning of the project for over a year. He also stated that the City of Palm Desert has a wonderfulstaff, which have guided them through the process and to make sure the projectis a high -quality development. He first addressed the elevations, and noted that they are .still working with tenants on each of the buildings. Therefore, they designed. a., vernacular architecture with the elevations. The retail buildings would probably be built first, but each individual building may get modified as. 'they find an actual tenant to take the space. He explained that Monterey Avenue starts.:a couple of feet higher than Dinah Shore Drive at the corner, with the plaza slightly lower to help lessen the wind. As Monterey Avenue travels up to the hotel pad;: the street is approximately 20 feet above grade of their proposed': project. Pads 5 . and .6 building elevations are shown in the animation and plans, which range from 22 to 24 feet for the main parapets. This gives the applicant four to six feet frorttthe roof elevation to the top of the parapet to have equipment; most of the equipment is. three to four feet tall. Mr. Loper said they also made sure the elevation. in the back, where most of the kitchen equipment is located,. is tall enough to cover the:.equipment. The architectural elements would go up to 30 feet so you should not to see any of the equipment. In regard to the height of the hotel, the applicant envisioned the majority of the hotel to be 50 feet and allow for architecturati atures to go up 60 feet. He noted that a 50-foot hotel allows for the flexibility to design. a nice hotel, and believed the hotels would be four-story. He referred to the driveway located at the northeast quadrant of the site plan. He said that the applicant has put the water quality basin along the rear between the property line, adjacent to the: railroad tracks, and a Coachella Valley Water District (CVWD) main sewer trunk line. The applicant is required to pave above the sewer trunk line so that the CVWD could maintain the sewer line. The driveway would also provide for fire truck and auto sales access. Mr. Loper stated that traffic improvements would be built in the very beginning, with the entrance to Toni Way. The applicant would provide dual left -turn lanes into the shopping center from Tony Way, dual left -turn lanes for westbound traffic on Dinah Shore Drive, and the Monterey Avenue and Dinah Shore Drive intersection would be modified to accommodate triple left -turn lanes for eastbound traffic on Dinah Shore Drive. Lastly, he addressed the drive - through restaurant(s). He explained that the drive -through would have a dual ordering facility, which there could be two cars stacked with two separate ordering booths and a pick-up window farther up of the drive -through. However, the drive- 6 G \Planning\Monica OReilly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 throughs are subject to change based on the actual tenants. He offered to answer any additional questions from the Planning Commission. Chair DeLuna asked how close the buildings are from the railroad tracks. MR. LOPER replied that the buildings are approximately 50 feet from the railroad tracks. Chair DeLuna inquired if there have been any sound mitigations done. MR. LOPER responded that when they start the construction drawings for the building(s) nearest to the railroad tracks, the applicant would have to meet the sound requirements. Commissioner Greenwood inquired if the applicant considered additional restaurant lots throughout the site. MR. LOPER replied that many of : the pads shown are potentially fast food restaurants. However, he potentially could see a restaurant use along Dinah Shore Drive. Commissioner Greenwood pointed .to the rendering for pad 5, and voiced his concern because it seems you ere looking, below the parapet level. MR. LOPER remarked that he would .let:.the..archltect address Commissioner Greenwood's concern. MR. JIM BICKEL, Bickel Group Architecture, Newport Beach, California, he referred to the building: 5 rendering,..and noted that the dotted black line depicts the roof line level. The dotted boxes above the dotted Tine depict the heating, ventilation, and air conditioning units.,(I-IVAC). He' stated:: that their typical shop building design would have a roof height of approximately 15 feet, and normally target the parapet at 20 feet. He felt confident that between the placement of the architectural towers and the extra deep roof wells, the equipment would be hidden well. He commented that they have many years of experience designing drive-throughs, and was also confident the tandem drive -through system would lessen the queue demand. Again, the design could get modified depending on the tenant. He mentioned that there are codes that they must meet to mitigate sound. In conclusion, his goal is to satisfy his client and create a special place where the general public would like to go. Commissioner Greenwood commented that pads 3 and 4 did not go through the ARC. When pads 3 and 4 go to the ARC, he inquired if the Planning Commission could make a recommendation to add a condition that the applicant provides sight section studies from various angles: high, middle, and low on the pads to determine everything is efficiently screened. Mr. Stendell remarked that a Specific Plan equals flexibility. Instead of referencing a specific pad/parcel, he suggested that the Planning Commission take a broad approach since the buildings and the pads could change, and gave the following 7 G \Planning\Monica OReilly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 example, ". . . that sight lines from Monterey Avenue and Dinah Shore Drive are included as part of the ARC's review." MR. BICKEL interjected that the applicant is willing to do sight studies from Monterey Avenue and Dinah Shore Drive. Commissioner Greenwood pointed to the median by building 4, and asked if there were water meters or utilities in the median. MR. BICKEL replied that they are grease interceptors. Commissioner Greenwood asked Mr. Bickel if he was comfortable with the amount of trash enclosures. MR. BICKEL responded that they discussed trash enclosures at length. He stated that they have one trash enclosure for every parcel. He said that he usually advises his clients to schedule multiple trash pickups in a week to minimize the amount of trash enclosures so that they stay cleaner. Commissioner Greenwood asked where there is the closest mass transit location (Sunline Transit Agency). MR. LOPER said that the closest bus:line is located on Monterey Avenue between Interstate 10 and Highway 111, which includes two bus stops (one on each side) on Monterey Avenue near the intersection of Dinah Shore Drive. Commissioner Greenwood . asked staff if a lighting photometric plan has been reviewed. Mr. Ceja responded that; typically a lighting photometric plan is reviewed during the building plan submittal. He noted that. the City does have an Outdoor Lighting Ordinance: Commissioner Greenwood inquired if there have been any discussions in regard to security lighting along the northern part of the project adjacent to the railroad. MR: LOPER responded that as a general rule when they design a shopping center, they would have lighting in paved areas, they would maintain a minimum foot candle, and provide lighting in the pedestrian areas. He mentioned that the paved driveway for CVWD would also have lighting. Generally, they provide lighting photometric plans at the time of construction drawings for the parking lots. Commissioner Greenwood asked if the applicant would have an issue providing lighting in the parking lots if the Planning Commission were to add it as a condition of approval. MR. LOPER replied that he does not think it would be an issue since they intend to provide lighting for the parking Tots and pedestrian walkways. 8 G \ Planning \Monica ORedly\Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Chair DeLuna pointed to an area northeast of building 1, and asked if it was a trash enclosure. MR. LOPER replied yes. It is the trash enclosure for the hotel. Chair DeLuna asked where the trash enclosures are located in buildings 2A, 2B, and 2C. She also asked where the trash enclosures are located potentially for the auto uses or car dealership. MR. LOPER referred to the site plan and pointed to the trash enclosure locations. Commissioner Holt inquired if there is a block wall proposed for the northern boundary of the project site. MR. LOPER said that they do not have a plan to have a block wall at the northern boundary of the project site; however, they do plan on having some type of fencing. Chair DeLuna asked if not having a solid wall would affect the sound 'mitigation. MR. LOPER responded that generally with .a multi -story building, a solid wall only helps mitigate sound for the ground floor. When they design hotels, they provide sound mitigation through the exterior of the building, such as walls and windows. Commissioner Greenwood inquired if the wall (fencing) would be reviewed by City staff in terms of design and articulation. Mr. Ceja replied.yes. Chair DeLuna commented that there is usually wind in the northern area of Palm Desert. She asked if blowing sand has been addressed. Mr. Ceja responded that he does not believe anyone has been successful from keeping sand from blowing on a project since it is a desert. Commissioner Greenwood asked the landscape architect if there is a plan for improvements at the western boundary of the project at the slope going up Monterey Avenue. MR. ROBERT CURLEY, Cummings Curley and Associates, Inc., Long Beach, California, replied yes, only within the boundary of the proposed project. Commissioner Greenwood asked what the current condition of the slope is. Mr. Ceja said that it is compacted dirt. All freeway interchanges were never required to be landscaped due to challenges with the California Department of Transportation (Caltrans). Commissioner Greenwood voiced his concern with people walking down the slope, and asked if anyone has looked at it. 9 G \Planning\Monica OReilly\Planning Commission\2017\Minutes14-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Mr. Ceja replied no. He felt that the City should look at all the interchanges in Palm Desert and have discussions with Caltrans to find out if the dirt could be stabilized or other improvements could be made. Chair DeLuna mentioned that the City spent years updating the City's General Plan, and one of the items they focused on were walking trails and outdoor uses. She asked if there were any plans to include walking trails. MR. LOPER said that the proposed project has an internal pedestrian system. MS. OKUMA thanked the Planning Commission for their time and consideration of the proposed project. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Greenwood commented that.the proposed project is going to be great for the City. There was an incredible :.amount of attention to detail and the architecture is beautiful, which would complement the City. However, he proposed a couple of conditions for discussion: 1) add a condition to provide a` site lighting photometric plan for the Planning Department's .review; 2) in regard to the second hotel site, add language to the Specific Plan that the proposed hotel must go back to the ARC for review; 3) when future pads go to the ARC for review, provide the ARC with line of sight studies for the Monterey Avenue overpass, anything adjacent to Monterey Avenue, and anything on Dinah Shore Drive from the southern parcel at its higher elevation; and 4) strike Condition of Approval No. 32, as recommended by staff. Commissioner. Holt seconded Commissioner Greenwood's motion. She commented that it is a great project, and thanked the applicant for the work they have put into the project. She also thanked staff for a job well done working with the applicant. Commissioner Greenwood asked if he should restate his motion for the record. Mr. Stendell replied yes. With the assistance from Mr. Ceja restating the motion, Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2693, recommending approval of Case Nos. SP/PP/CUP/EA 16-188 & TPM 37157 to the City Council, with the following amendments)/condition(s): 1) add a condition for a line of sight study from Monterey Avenue and Dinah Shore Drive for the ARC's review at the time the applications are submitted; 2) add a condition that the applicant provide a parking lot lighting photometric plan for the Planning Department's review; 3) when the second hotel is presented to the ARC, that they pay special attention to architecture (massing, building depth, etc.); and 4) strike Condition of Approval No. 32. Commissioner Greenwood asked if the Planning Commission needs to add a condition for the wall (fencing) along the northern boundary of the project. Mr. Ceja responded that the wall (fencing) would be reviewed by City staff. 10 G \Planning\Monica \Planning Commission\2017\Minutes\4-4-17 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 4, 2017 Motion was seconded by Commissioner Holt and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). Chair DeLuna thanked the applicant for their time, attention, care, and concern working with City staff. She said the City worked years to update the City's General Plan. The General Plan focused on the northern sphere of the City and the University Village, which is east of the proposed project. As a result of a high -quality project, she hoped that this would attract future development in the area. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION : None XII. COMMENTS XIII. ADJOURNMENT ; With the Planning Commission concurrence, Chair DeLuna adjourned the meeting at 7:25 p.m. NANCY DE LUNA, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 11 G \Planning\Monica \Planning Commission \2017\Minutes\4-4-17 docx PLANNING COMMISSION RESOLUTION NO. 2693 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A SPECIFIC PLAN, PRECISE PLAN, A CONDITIONAL USE PERMIT, AND A TENTATIVE PARCEL MAP TO ESTABLISH THE MONTEREY CROSSINGS COMMERCIAL CENTER LOCATED ON 18 ACRES NORTH OF DINAH SHORE DRIVE, EAST OF MONTEREY AVENUE, AND BOUND BY UNION PACIFIC RAILROAD TO THE NORTH AND EAST CASE NOS: SP/PP/CUP/EA 16-188 & TPM 37157 WHEREAS, the Planning Commission of the City of Palm Desert, California. did on the 4th day of April 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75. in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 the Planning Commission did find the following facts and reasons exist to justify the approval of said request: 1. The Monterey Crossings Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossings Specific Plan is compatible with adjacent properties and surrounding uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossings Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. 4. That the proposed Tentative Parcel Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. PLANNING COMMISSION RESOLUTION NO. 2693 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a mitigated negative declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. Findings for Approval: 1 That the density of the proposed subdivision is consistent with applicable general and specific plans. The project includes a mix of commercial uses and intensities ranging from drive-thru restaurants, pad buildings, general retail, and automotive services. In addition, hospitality facilities for up to two hotel sites are provided with the project area. The General Plan identifies the project area as being within the "Regional Retail District'. and encourages the mix of "large -format retail, commercial services. and lodging." As it relates to General Plan Land Use Goal 1 and 2, the project provides a scale of development suitable for the Monterey Avenue corridor and provides a pedestrian focus by providing interconnecting pedestrians paths and sidewalks both internally to the project and externally to the surrounding developments. Specifically, the project complies with Land Use policy 2.9 '`Commercial Requirements" in that building frontages are sidewalk adjacent, vehicle intrusions across sidewalks are minimized, and an outdoor plaza and dining areas are provided. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel map has been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for the type of development. The 18-acre site located at the northeast corner of Monterey Avenue and Dinah Shore Drive is suitable for the proposed development. Environmental, cultural, traffic. and other special studies were prepared for the project site. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing regional commercial centers in the vicinity have successfully constructed similar types of development and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, its reasonable to conclude that the site is physically 2 PLANNING COMMISSION RESOLUTION NO. 2693 suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Mitigated Negative Declaration. 4. That the site is physically suitable for the proposed density of development The project site is surrounded by regional commercial centers to the south, southwest, and west, and the Union Pacific Railroad to the north. As proposed. the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan includes commercial and hotel development within the project area at heights and intensifies similar to existing commercial and hotel uses in the vicinity and along Interstate 10 in the City of Palm Desert. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration of Environmental Impact has been prepared. 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 densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley 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 of the parcel map is in compliance with all grading. drainage. shared vehicle access and parking requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways. Mitigation measures are also in place to minimize air and noise impacts from the adjoining railroad and freeway. 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 proposed project will utilize and enhance existing drainage and electrical distribution easements located within and adjacent to the project site. The V•• parcel map identifies the use of this area and will record an easement for 3 PLANNING COMMISSION RESOLUTION NO. 2693 drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will make modifications to Dinah Shore Drive for project access. In addition, the developer and the City will make modifications to the existing signalized intersection of Monterey Avenue and Dinah Shore Drive to accommodate any increased traffic demand. Pedestrian connections are provided throughout the project area and an enhanced pedestrian plaza is provided at the intersection of Monterey Avenue and Dinah Shore Drive. 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 Planning Commission in this case. 2. That the Planning Commission does hereby approve SP/PP/CUP/EA 16-188 and TPM 37175, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4th day of April 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: NANCY D62L.UNA, CHAIRPERSON - r ��r RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2693 CONDITIONS OF APPROVAL CASE NOS. SP/PP/CUP/EA 16-188 and TPM 37157 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development. and as modified by the following conditions. 2. The applicant shall record Tentative Parcel Map 37175 within two (2) years of project approval. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. 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 Specific Plan and all Palm Desert 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 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. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to the State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. PLANNING COMMISSION RESOLUTION NO. 2693 Land uses identified in the City's Planned Regional Commercial zoning district and Freeway Commercial Overlay Zone are permitted within the Specific Plan boundaries. 8. Each developable building pad shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 9. All building pads shall develop in a manner consistent with the development standards contained in the Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code. 10. All future building development within the project site shall generally conform to the architectural renderings provided in the Specific Plan and Precise Plan applications. Building design deviations are permitted, but shall conform to the architectural guidelines and colors and material samples provided for in the Specific Plan. 11. Architectural plans for Buildings 5, 6 and 8, and the pedestrian plaza at the intersection of Monterey Avenue and Dinah Shore Drive were approved by the City's Architectural Review Commission. All other buildings within the Specific Plan shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for final approval. 12. All Architectural Review applications shall include a line of sight study from high, medium, and low points along Monterey Avenue and Dinah Shore Drive to confirm that all roof -mounted equipment is properly screened from surrounding roadways. 13. Parcels 2, 9, 10, and 11, may propose alternative land uses and site design other than those identified in Tentative Parcel Map 37157. Land uses and site design shall conform to the language provided for in the Specific Plan, including that any alternative land uses or site design does not exceed the P.M. Peak trip budget identified in the Traffic Impact Analysis prepare for this Specific Plan. Any alternative plans shall be reviewed in accordance with the Specific Plan and by the Community Development Director. 14. All drive -through restaurant queues, and automotive service and repair bays, shall be screened from public views along Dinah Shore Drive. Screening methods shall include block walls, landscape mounding, and landscape hedges. Screening methods for these uses shall be identified in the Architectural Review application. 15. Final landscape plans shall be prepared by a registered and licenses landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: 6 PLANNING COMMISSION RESOLUTION NO. 2693 A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. B. Planting plans must show the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications and details must be site specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 16. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on -site public art project within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 17. Lighting and photometric plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural. street, parking lot, or other lighting types within the project area. 18. Any stand-alone hotels within parcels 2 and 9 shall have architectural details, massing, articulation, and forms appropriate for a stand-alone building. Architectural details shall be reviewed by the City's Architectural Review Commission in accordance with this condition. 19. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development. and operation of the project. DEPARTMENT OF PUBLIC WORKS: 20. The parcel map shall be submitted to the City Engineer for review and approval. 21. Easements for drainage, reciprocal access, parking, sidewalk and public utility purposes shall be required on the parcel map. 22. Right-of-way, as may be necessary for the construction of required public improvements, shall be provided on the parcel map. 23. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 24. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 25. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 7 PLANNING COMMISSION RESOLUTION NO. 2693 26. Prior to City Council approval of final Tentative Parcel Map 37157, 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: A. The traffic signal modification at Toni and Dinah Shore Drive. B. Construction of an 8' curb adjacent sidewalk on Dinah Shore Drive. C. Median modification on Dinah Shore Drive per design approved by the Public Works Department. D. Traffic signal vehicle detection and striping modification on Dinah Shore Drive for an eastbound triple left turn and dual westbound left turn lanes on Monterey Avenue. 27. Tentative Parcel Map 37157 shall retain to the 100-year storm. 28. 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. 29. Identify all proposed and existing utilities on the precise grading plan. 30. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 31. 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. 32. 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. 33. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. BUILDING AND SAFETY DEPARTMENT: 34. Development of this project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. 8 PLANNING COMMISSION RESOLUTION NO. 2693 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. Vary 35. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 36. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 37. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 38 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. 39. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 40. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 41. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 42. 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. 43. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from 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 PDMC Section 15.28 from the Department of Building and Safety counter staff. 9 PLANNING COMMISSION RESOLUTION NO. 2693 44. Please contact Cherie Williams, Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 45. The project may have a cumulative adverse impact to the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increases presence of structures, traffic and population. This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 46. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to the building permit issuance. 47. Fire Department water systems(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to building permit issuance, the required water system, including all fire hydrant(s). shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. 10 ;;- i:!:1.1) \'. i i:,,, 1)1:1\'I P.AIAI I)1,I.1:1, l.AI II:)I:VIA 02260 27,78 IE1.: 760 346-0611 lA\: 760 j.l 7008 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. SPIPP/CUP/EA 16-188 & TPM 37157 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR A PRECISE PLAN, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP 37157 FOR A SPECIFIC PLAN DOCUMENT FOR MONTEREY CROSSINGS. AN 18-ACRE COMMERCIAL DEVELOPMENT BOUNDED BY DINAH SHORE DRIVE TO THE SOUTH. MONTEREY AVENUE TO THE WEST, AND UNION PACIFIC RAILROAD TO THE NORTH AND EAST The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has reviewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a less than significant level and a mitigated negative declaration has been prepared for this project Project Location/Description: Project' Location: The project is located at the northeast corner of Dinah Shore Drive and Monterey Avenue and is bounded by Dinah Shore Drive to the south, Monterey Avenue to the west, and Union Pacific Railroad to the north and east. Proiect Description: The ,project consists of 18 acres bounded by Dinah Shore Drive to the south, Monterey Avenue to the west, and Union Pacific Railroad to the north and east A Specific Plan has been submitted to establish design criteria, provide development flexibility and to establish permitted uses, including drive -through restaurants, hotels. automotive service and sale facilities, and general retail uses. A total of 73,200 square feet of commercial space is proposed for the site. A four-story hotel. at a maximum height of fifty (50) feet, is proposed at the northwest corner of the site. Planning Commission Recommendation: The City of Palm Desert Planning Commission reviewed the project at their meeting on April 4, 2017 The Planning Commission voted in favor (4-0-1) recommending approval of the Mitigated Negative Declaration, Specific Plan, Precise Plan. Conditional Use Permit and Tentative Tract Map for the Monterey Crossings commercial development to the City Council Recommendation: Staff is recommending that the City Council approve the project and supporting documents, as presented and subject to conditions Public Hearing: The public hearing will be held before the City Council on April 4, 2017, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from April 29, 2017 to May 11, 2017. Public Review: The Mitigated Negative Declaration, Specific Plan, and supporting documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert. CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH DESERT SUN April 29, 2017 RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California 73-5I0 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-06 i I info@'cityofpalmdeserc.org December 16, 2016 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION CASE NO: SP/CUP/PP/EA 16-188 TTM 37157 APPLICANT AND ADDRESS: FOUNTAINHEAD SHRUGGED, LLC, c/o Vasanthi Okuma, 1401 Quail Street, Suite 100, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve the specific plan for; Monterey Crossings. LOCATION: NEC Monterey Avenue and Dinah Shore Drive ZONE: P.C. (3) F.C.O.Z. Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval of the Specific Plan, site landscaping, and architecture for Buildings 5, 6, and 8 as submitted subject to: 1) consider a wind defense on the west elevation in an architecturally compatible manner; 2) review the canopy on the north elevation of Building #6 and aligning it rather than having a staggered step; and 3) quality of materials to relatively remain as submitted. Date of Action: December 13, 2016 Vote: Motion carried 6-0-2, with Commissioners McIntosh and Vuksic absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. ce unnIo v.ru ARCHITECTURAL REVIEW COMMISSION MINUTES December 13, 2016 3. CASE NO: CUP 16-188 APPLICANT AND ADDRESS: FOUNTAINHEAD SHRUGGED, LLC, c/o Vasanthi Okuma, 1401 Quail Street, Suite 100, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve the specific plan for; Monterey Crossings. LOCATION: NEC Monterey Avenue and Dinah Shore Drive ZONE: P.C. (3) F.C.O.Z. Mr. Eric Ceja, Principal Planner, reminded the Commission that this project was here at the November 22, 2016 meeting and was continued subject to: 1) recessing the hotel windows: 2) submit roof and floor plans for all buildings; 3) making the hotel tower more iconic; 4) show 4-sided parapets where necessary to screen roof mounted equipment; and 5) review the service bay doors on Building 5. Mr. Ceja showed an animated presentation of the project and said the applicant is looking for approval of Buildings 5, 6, and 8 today. Staff asked the applicant to show the entire site design to include some architectural renderings of the buildings they may not fill for which will come back for architectural review at a later date. He reminded the Commission that they will see final drawings for any of the buildings approved today. These architectural drawings will be incorporated into the Specific Plan so any future developer will understand the language used and the design that was approved conceptually to design something similar. Mr. Ceja pointed out that the applicant was also asked to show roof plans and ensure the screening for the roof mounted equipment. MS. OKUMA said they took a real hard look at this because of the Commission's concern. They went around each building and everything is modeled. MS. JESSICA STEINER, Architect, explained everything that was revised. On Building 1, there will be no changes to the hotel conceptual drawings. On Building 2, they didn't make any changes to the floor plan but included a roof plan to show heights and drainage, tower returns. On the elevation they shortened down the landscape trellises that will no longer break the parapet line. On Building 4, the roof plan was adjusted per the tenant's prototype and will remain conceptual. They included a roof plan provided from the prototype and changed a couple of the trim colors on the elevations. Building 5 has evolved since the last time it was here to show the proposed demising locations for the tenants, the electrical room for the switch gear has G `P'anning\Janine Judy'ARC\1Minutes\2013-2016'2016`,161213min docx Page 8 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES December 13, 2016 been adjusted in size, they changed the location of the east back -of - house doors based on the new demising wall locations and addressed the comments regarding screening some of the doors, added a fire riser, and included a roof plan. On the elevation, the floor plan was revised for the new demising walls on the east side, the landscape trellis screens were also reduced to 10' and along the western facade they played with the proportions of the trellis along the back -of -house doors to make sure those doors are better hidden and screened from view. Building 6 was updated to show the potential demising locations for the tenants in play, the switch gear room and the revision for the roof ladder room. They beefed up the articulation along the southern wall to give a little more shadow line on that elevation and included a roof plan with fully enclosed towers. On the elevations, they updated the doors and signage locations. The landscape trellises were brought down to 10' and storefront height will match up to all that. She indicated where the rooftop equipment was located. Building 8 includes the floor plan and roof plan provided by the Tire tenant. There were some revisions on Building 8 to show the return of the tower at the main entrance, a revision of a parapet, and the stone on the customer service entry tower was adjusted based on Commission's feedback. Commissioner Clark asked about the roof plan on Building 2 and asked if the middle parapet met the Commission's requirement of a 2/3 return. MS. STEINER stated she would take a look at that. Commissioner Clark reminded the architect that the plaza area is in a wind belt area and suggested they provide some type of a wind defense on the west elevation that will be architecturally compatible. Commissioner Levin asked if there was a limit of work as far as what will be fully improved at this point. MR. JOHN LOPER, Consultant, said the main entrance drive and the long access drive between Building 2 and the pads will all go in on the first phase and the entire parking lot from Buildings 3, 4, 5, 6, 7 and 8 will ultimately be built at once. The hotel, Building 2 and parcel 9 will be future phases as they get tenants signed up. MS. OKUMA said they are looking at this being built in Phase 1 as the drainage basins and all the landscaping will go in. Commissioner McAuliffe referred to the color elevation for Building 5 and suggested that the quality of materials should relatively remain as submitted and on Building 6 he suggested aligning the staggered eyebrow rather than having a staggered step. G\Planning'JanineJudy \ARC\1Minutes\2013-2016‘2016\161213min.docx Page 9 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES December 13, 2016 ACTION: Commissioner McAuliffe moved to preliminarily approve the Specific Plan, site landscaping, and architecture for Buildings 5, 6, and 8 as submitted subject to: 1) consider a wind defense on the west elevation in an architecturally compatible manner; 2) review the canopy on the north elevation of Building #6 and aligning it rather than having a staggered step; and 3) quality of materials to relatively remain as submitted. Motion was seconded by Commissioner Clark and carried by a 6-0-2 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, and Van Vliet voting YES and McIntosh and Vuksic absent. C. Miscellaneous Items: None VI. COMMENTS The Commission and staff discussed the construction status for Springhill by Marriott. VII. ADJOURNMENT Commissioner Lambell moved to adjourn the Architectural Review Commission meeting at 3:05 p.m. ERIC CEJA PRINCIPAL PLANNER SECRETARY JANINE JUDY RECORDING SECRETARY G.'Piann,ng\Janine Judy\ARC\1 Minutes\2013-2016\2016\161213min docx Page 10 of 10