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HomeMy WebLinkAboutRes 02-128 /GPA 02-02, CZ 02-02 and PP 02-06 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of a general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (O.P.), a precise plan of design allowing up to 33,310 square feet of office professional use and negative declaration of environmental impact as it pertains thereto for 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. III. APPLICANT: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 • IV. CASE NOS: GPA 02-02, C/Z 02-02 and PP 02-06 V. DATE: September 12, 2002 VI. CONTENTS: A. Staff Recommendation B. Discussion VII. ATTACHMENTS: A. Draft Resolution No02-114 , Ordinance No.1020 , Draft Resolution No. 02-115 B. Planning Commission Minutes C. Planning Commission Resolution No. 2148 D. Planning Commission Staff Report dated August 6, 2002 E. Related maps and/or exhibits A. STAFF RECOMMENDATION: 1 . That City Council adopt Resolution No. 02-114 approving GPA 02-02. 2. That City Council pass Ordinance No. 1020 to second reading approving Change of Zone 02-02 from PR-5 to O.P. (Office Professional). 3. That City Council adopt Resolution No.02-115 approving PP 02-06. CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 B. DISCUSSION: 1 . CURRENT PROPOSAL: The applicant seeks approval of a general plan amendment and change of zone from low density residential to office professional to permit approval of a precise plan of design which proposes a series of seven one-story professional office buildings. 2. PLANNING COMMISSION ACTION: At the Planning Commission hearing on this matter August 6, 2002 (continued at the applicant's request to August 20, 2002) no one spoke in support or opposition. Commission was very supportive of the proposed general plan amendment and change of zone. Commission discussed at length the necessity of the Portola access driveway and the possible pass-thru traffic problems. The Public Works Director in response to commission questions supported the project as proposed. Planning Commission on a 5-0 vote recommended approval of the general plan amendment, change of zone and precise plan of design as proposed. 3. BACKGROUND: The site is vacant desert at the northwest corner of Portola and Frank Sinatra. The site slopes from north to south. In 1998 a request to permit a nine-acre office complex on this lot and the lot to the west was rejected due to neighborhood opposition. The five- acre lot to the west has been developed with single family dwellings. ADJACENT ZONING AND LAND USE: North: PR-5 / Vacant South: PC-2 / Vacant East: PR-5 / Vacant / Rancho Portola West: PR-5 / Single Family Dwellings 2 CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 4. ANALYSIS: a. GENERAL PLAN AMENDMENT AND CHANGE OF ZONE: The General Plan currently designates the property low density residential and it is zoned PR-5. The General Plan Advisory Committee reviewed this request and determined that it was a matter of local concern and that it should be reviewed through the normal planning process. Residential Concerns: i. Geometry Development with residential units would be difficult due to the limited north to south property dimension which is only 280 feet. Assuming a 60-foot wide public street running east-west would leave 220 feet or 110 feet of lot depth on each side of the street. On lots which back onto arterial streets extra deep rear yards are desirable which would not be available for these units. ii. Noise Dwellings this close to arterial streets have the potential to result in long-term noise problems as traffic volumes increase in the area. Portola and Frank Sinatra both have the potential to carry high volumes of traffic in the future. Portola is designated "major thoroughfare" in the Circulation Element and Frank Sinatra is a designated "arterial." iii. Corner Design The typical residential layout which would create an east- west street extending easterly from Shepherd Lane would place one dwelling unit right at the intersection. There would be a six-foot masonry wall 20 feet from curb face similar to Hovley Lane and Monterey. There is very limited 3 CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 opportunity for open space and significant landscape statement. Office use on this site would allow us to achieve a situation similar to the Cornerstone complex at Country Club and Portola with an open landscaped area at the corner. The site plan of this site is very similar to the Cornerstone complex and will result in an open, landscaped corner (see description of precise plan later). iv. Features Supporting Office Professional Land Use Throughout the city office professional zoning has been used as an effective buffer between high traffic volume streets and more intense land uses. In this instance the office professional property will buffer the residential to the north from the traffic on Frank Sinatra and provide a suitable transition from the neighborhood commercial zoned property on the south side of Frank Sinatra. The office professional land use allows us to create an open landscaped area at the corner of two major streets which would not be possible with a typical residential layout. The general plan amendment and change of zone from low density residential to office professional is appropriate. b. PRECISE PLAN: The applicant proposes a "Cornerstone" like office complex with seven (7) single story building (five adjacent to Frank Sinatra, one facing Portola, and one on the interior of the lot). Buildings will range in size from 3,100 square feet to 6,600 square feet and total 33,310 square feet. The plan provides a total of 143 parking spaces generally located along the north half of the lot. 4 CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 The corner of the site at Portola and Frank Sinatra provides an open landscaped area with a water feature which may be part of the public art program. The setback areas along Frank Sinatra, Portola and Shepherd will be landscaped from the back of sidewalk to the buildings a total of 29 feet. Differences in grade will be handled with retaining walls and terraces. i. Architecture The plans show a low profile contemporary desert architecture for the complex. June 11 , 2002 ARC granted preliminary approval subject to the applicant creating more roof line variety by revising selected parapet elements with adequate thickness and returns and submitting a roof plan illustrating the design. Altering the parapet height will also assure that roof- mounted equipment will not be visible. ii. Site Plan/Access The project has three access points - one on Portola at the north end of the site and one on Frank Sinatra at the mid point, and one at the west end of the site onto Shepherd Lane. Generally the buildings are located adjacent to Frank Sinatra and parking is located on the north side of the site. The accesses on Portola and on Frank Sinatra will be limited to right in/ right out only. No left movement exiting the site will be permitted. Persons wishing to go eastbound Frank Sinatra or south on Portola will exit the site from the Portola access. The Shepherd Lane access provides direct access for the residential area to the north. The site layout is similar to the Cornerstone office complex at Country Club and Portola. 5 CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 iii. Parking Office professional uses have a basic parking requirement of four spaces per 1 ,000 square feet. The applicant is proposing total building area of 33,310 square feet which has a parking requirement of 133 spaces. The site plan provides 143 spaces. The extra 10 parking spaces can be applied to medical / dental uses. Accordingly, we will condition that medical / dental uses not exceed 5,000 square feet. Thirty-eight (38) parking spaces will be covered with a carport structure. PROJECT DATA O.P. PROJECT ORDINANCE Site Area 3.90 acres 15,000 square foot min. Building Area 33,310 --- Building Setbacks: Front (Frank Sinatra) 25 feet 15 feet Side 25 feet 20 feet Rear 20 feet 20 feet Street Side 25 feet 15 feet Height to Setback Ratio 37 feet from curb 18 foot building equals 18 feet from curb Maximum Coverage 20% 50% Building Height: A 18 feet 18 feet - 25 feet B 18 feet 18 feet - 25 feet C 18 feet 18 feet - 25 feet D 18 feet 18 feet - 25 feet E 18 feet 18 feet - 25 feet F 18 feet 18 feet - 25 feet G 18 feet 18 feet - 25 feet Parking Spaces 143* 133 * Medical/dental offices/clinics require six spaces per 1 ,000 square feet. Therefore, these uses would be limited to a maximum of 5,000 square feet. Height limit is 18 feet with a minimum 20 foot setback to residential zone. 6 CITY COUNCIL STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 SEPTEMBER 12, 2002 5. ENVIRONMENTAL IMPACT: The initial study did not identify any significant impacts which could not be mitigated to a level of insignificance. (See attached Environmental Checklist Form and Initial Study.) A Negative Declaration of Environmental Impact will be submitted for certification. 6. CONCLUSION: The proposed general plan amendment and change of zone can be supported. The property would be difficult to develop residentially and future traffic levels could negatively impact on residential units this close to the intersection. Planning an office park in this location would buffer the residential areas to the north and west. The office park would be an acceptable transition use from the district commercial on the south side of Frank Sinatra. From an urban design consideration, moving neighborhood services closer to residences is desirable in that it will reduce traffic to the core of the city. The precise plan as proposed is consistent with the O.P. zone standards which is the requested zoning. Staff and Planning Commission recommend approval of the request. Prepared by: Revigwed an Approved: S MITH P ILIP DREL PLANNIN MANAGE DIRECTOR OF COMMUNITY DEVELOPMENT Revi and Conc . Review and Concur: 1/Aer1 HO ER CRO CARLOS L. ORTE ACTING ASSIS CITY MANAGER CITY MANAGER FOR DEVELOPMENT SERVICES 7 CITY COUNCIL ACTION:� i � J / APPROVED ✓ RECEIVED OTHER MEETING DATE Q- I a -O AYES: �inf, NOES: G O r i iCS, 31E.Sc 1 (Soeff I Ke t 1y/ ABSENT:A ABSTAIN: ; ,. VERIFIED BY: KM .0)1 f Original on File th,JCity Clerk' s Office RESOLUTION N0.02-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO (O.P.) OFFICE PROFESSIONAL AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NO. GPA 02-02 WHEREAS, the City Council of the City of Palm Desert did on the 12th day of September, 2002, hold a duly noticed public hearing to consider the request of NBNA Unique Properties LLC for approval of a general plan amendment as described above; and WHEREAS, the Planning Commission by its Resolution No. 2148 has recommended approval of GPA 02-02; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its actions, as described below: 1 . Office Professional designation at the proposed location is consistent with the General Plan policy of providing convenient office professional services at major arterial intersections. 2. The site provides for adequate design buffers to insure compatibility with adjacent land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 02-114 2. That the City Council hereby approves GPA 02-02 as shown on Exhibit "A" attached and a Negative Declaration of Environmental Impact, Exhibit "B" attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of September 2002, by the following vote, to wit: AYES: NONE NOES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY ABSENT: NONE ABSTAIN: NONE RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 J P.R.-5 LU Q P.R.-5 el col • 5 O F aitAD4 d o �• KO •PELL .R P.R.-5 d. .74 A z r-� A @ C -C nI•i EC-F w E COI LEGS ° U V-EW IR g VIEW CIR -III it . rTl 7* ESON 1 LN.1RD TID • AI •INF N N .._______-- ---______ FF1'HLR IS ' ' • ISYI 1 P.R.- FRANK SINATRA DR P.C.-(2) O.S. Proposed 44 GPA ,a R-1-M _ M • - Low Density Residential •• To Office Professional "aim- eoexl �� Case No. GPA 02-02 CITY COUNCIL GENERAL PLAN AMENDMENT RESOLUTION NO. 02-114 EXHI II IT A Date: September 12, 2002 RESOLUTION NO. 02-114 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: GPA 02-02 APPLICANT/PROJECT SPONSOR: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 PROJECT DESCRIPTION/LOCATION: A general plan amendment from low density to office professional (O.P.) for 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 4 ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 (PLANNED RESIDENTIAL FIVE UNITS PER ACRE) TO O.P. (OFFICE PROFESSIONAL) FOR 3.90 ACRES AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND FRANK SINATRA DRIVE. CASE NO. C/Z 02-02 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1 : That a portion of Ordinance No. 107 as amended is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: That a Negative Declaration of Environmental Impact, Exhibit "B" attached, is hereby certified. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the city of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California P.R.-5 a P.R.-5 c 4I-I�O>�Q 5 O di— v�CU ' DR �fr, C P.R.-5 d <KO PF.L 1. R, - NW- 5 IIIIE. C'C]I1 GF -2 ccGI✓111 'ir" IEWIR w VIEW R cl 7 dDRYON L 1 T• . • Lo �• � � �UI51;K D i�vi.I 1 — — FRANK SINATRA DR P.C.-(2) / 0.S. '�� " R-1 -M / Proposed / Zoning Change PR-5 -\----- To Office Professional eity of"aim.Deoert Case No. C/Z 02-02 CITY COUNCIL ,r.. .17.0.-m,,, Change of Zone ORDINANCE NO. EXILE it IT A Date: ORDINANCE NO. 1020 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: C/Z 02-02 APPLICANT/PROJECT SPONSOR: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 PROJECT DESCRIPTION/LOCATION: A change of zone from PR-5 (planned residential five dwellings units per acre) to office professional (O.P.) for 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 02-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN OFFICE PARK CONTAINING UP TO 33,310 SQUARE FEET OF BUILDING AREA, LOCATED ON 3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NO. PP 02-06 WHEREAS, the City Council of the City of Palm Desert did on the 12th day of September, 2002, hold a duly noticed public hearing to consider the request of NBNA Unique Properties LLC for approval of a general plan amendment as described above; and WHEREAS, the Planning Commission by its Resolution No. 2148 has recommended approval of PP 02-06; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its actions, as described below: 1 . The design of the project is consistent with the goals and objective of the O.P. zone and the amended Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 02-115 2. That the City Council does hereby approve PP 02-06 and a Negative Declaration of Environmental Impact, Exhibit "A" attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of September, 2002, by the following vote, to wit: AYES: NONE NOES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY ABSENT: NONE ABSTAIN: NONE RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 02-115 CONDITIONS OF APPROVAL CASE NO. PP 02-06 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 RESOLUTION NO. 02-115 7. That pursuant to Resolution No. 90-130 this development shall pay the appropriate office development low income housing mitigation fee. 8. Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan based on 3.90 gross acres. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 10. Applicant shall emphasize drought resistant and water conserving plant materials and irrigation technologies into the landscape plan. Parking lot shall conform to shade tree ordinance requirements. 11 . A parking lot lighting plan prepared by a lighting engineer shall be required confirming compliance with the city's lighting ordinance, Ordinance No. 642. 12. That the project shall pay statutory school fees for commercial/industrial development. 13. That the applicant shall pay a one time fee of $1 ,000 which shall be forwarded to CVAG to be directed to Multi Species Habitat Conservation Plan funding. 14. That the applicant shall provide for a bus shelter/stop pad and electricity to the pad on Portola with plans to be approved by the City. Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 4 RESOLUTION NO. 02-115 3. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. All landscaping shall conform to Section 24.04 "Water-Efficient Landscape" of the Palm Desert Municipal Code. Landscaping maintenance on the Portola Avenue and Frank Sinatra Drive project frontages shall be the responsibility of the property owner. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 8. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 9. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to the following: ► Construction of acceleration/deceleration lanes at all project entries. 5 RESOLUTION NO. 02-115 ► Construction of dedicated right turn lane for westbound Frank Sinatra Drive at Shepherd Lane. ► Construction of dedicated right turn lane for southbound Portola Avenue at Frank Sinatra Drive. ► Construct Shepherd Lane paving, curb, gutter and sidewalk to half-street width of 20'. ► Installation of a street light on the northwest corner of Portola Avenue and Frank Sinatra Drive. Electrical service for this street light shall include service for future traffic signal at this intersection. ► Construction of a minimum eight foot wide concrete meandering sidewalk on all project frontages. ► Installation of appropriate landscape improvements within the existing Frank Sinatra Drive median island. • A minimum 20' landscape buffer(measured from curb face)shall be provided on all project frontages. Rights-of-way/easements as necessary to accommodate the above noted improvements shall be provided prior to the issuance of any permits associated with this project. "As-built" plans shall be submitted to the Director of Public Works prior to the acceptance of the improvements by the City. 10. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Preliminary landscape plans shall be submitted concurrently with grading plans. 11. Size, number and location of driveways to the specifications of the Department of Public Works with three driveway approaches serving this property, one each on Portola Avenue, Frank Sinatra Drive, and Shepherd Lane. The Portola and Frank Sinatra access points shall be limited to right-turn ingress and egress only. The Shepherd Lane driveway shall align with Daisy Lane. 6 RESOLUTION NO. 02-115 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards. The fire department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide or show there exists a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-1/2"x2-1/2", located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7 RESOLUTION NO. 02-115 7. All valves controlling the water supply for automatic sprinkler systems and water-flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 11 . Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. All buildings shall have illuminated addresses of a size approved by the City. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 8 RESOLUTION NO. 02-115 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 02-06 APPLICANT/PROJECT SPONSOR: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 PROJECT DESCRIPTION/LOCATION: A precise plan of design allowing up to 33,310 square feet of office professional use on 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9 PLANNING COMMISSION RESOLUTION NO. 2148 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (PR-5) TO OFFICE PROFESSIONAL, PRECISE PLAN, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN OFFICE PARK CONTAINING UP TO 33,310 SQUARE FEET IN AREA, LOCATED ON 3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NOS. GPA 02-02, C/Z 02-02, PP 02-06 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of August, 2002, hold a duly noticed public hearing to consider the request of NBNA UNIQUE PROPERTIES, LLC, for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its actions, as described below: General Plan Amendment/Change of Zone 1 . Office Professional designation at the proposed location is consistent with the General Plan policy of providing convenient office professional services at major arterial intersections. 2. The site provides for adequate design buffers to insure compatibility with adjacent land uses. Precise Plan 1 . The design of the project is consistent with the goals and objective of the O.P. zone and the amended Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2148 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of GPA 02-02 Exhibit "A," C/Z 02-02 Exhibit "B", PP 02-06 on file in the Department of Community Development, and a Negative Declaration of Environmental Impact Exhibit "C." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of August, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE CINDY FINE Y, hairperson ATTEST: AA—Qt PHILIP DRELL, ecretary. - Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2148 CONDITIONS OF APPROVAL CASE NO. PP 02-06 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 PLANNING COMMISSION RESOLUTION NO. 2148 7. That pursuant to Resolution No. 90-130 this development shall pay the appropriate office development low income housing mitigation fee. 8. Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan based on 3.90 gross acres. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 10. Applicant shall emphasize drought resistant and water conserving plant materials and irrigation technologies into the landscape plan. Parking lot shall conform to shade tree ordinance requirements. 11 . A parking lot lighting plan prepared by a lighting engineer shall be required confirming compliance with the city's lighting ordinance, Ordinance No. 642. 12. That the project shall pay statutory school fees for commercial/industrial development. 13. That the applicant shall pay a one time fee of $1 ,000 which shall be forwarded to CVAG to be directed to Multi Species Habitat Conservation Plan funding. 14. That the applicant shall provide for a bus shelter/stop pad and electricity to the pad on Portola with plans to be approved by the City. Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4 PLANNING COMMISSION RESOLUTION NO. 2148 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. All landscaping shall conform to Section 24.04 "Water-Efficient Landscape" of the Palm Desert Municipal Code. Landscaping maintenance on the Portola Avenue and Frank Sinatra Drive project frontages shall be the responsibility of the property owner. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 8. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 9. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to the following: ► Construction of acceleration/deceleration lanes at all project entries. ► Construction of dedicated right turn lane for westbound Frank Sinatra Drive at Shepherd Lane. ► Construction of dedicated right turn lane for southbound Portola Avenue at Frank Sinatra Drive. ► Construct Shepherd Lane paving, curb, gutter and sidewalk to half-street width of 20'. 5 PLANNING COMMISSION RESOLUTION NO. 2148 ► Installation of a street light on the northwest corner of Portola Avenue and Frank Sinatra Drive. Electrical service for this street light shall include service for future traffic signal at this intersection. ► Construction of a minimum eight foot wide concrete meandering sidewalk on all project frontages. ► Installation of appropriate landscape improvements within the existing Frank Sinatra Drive median island. ► A minimum 20' landscape buffer (measured from curb face) shall be provided on all project frontages. Rights-of-way/easements as necessary to accommodate the above noted improvements shall be provided prior to the issuance of any permits associated with this project. "As- built" plans shall be submitted to the Director of Public Works prior to the acceptance of the improvements by the City. 10. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Preliminary landscape plans shall be submitted concurrently with grading plans. 11. Size, number and location of driveways to the specifications of the Department of Public Works with three driveway approaches serving this property, one each on Portola Avenue, Frank Sinatra Drive, and Shepherd Lane. The Portola and Frank Sinatra access points shall be limited to right-turn ingress and egress only. The Shepherd Lane driveway shall align with Daisy Lane. 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 6 PLANNING COMMISSION RESOLUTION NO. 2148 Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards. The fire department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide or show there exists a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1/2"x2-1/2", located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 PLANNING COMMISSION RESOLUTION NO. 2148 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 1 1 . Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. All buildings shall have illuminated addresses of a size approved by the City. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 8 P.R.-5 fil < P.R.-5 eima I. O viictiWib U 14 gt r- KO .'ELL CrR P.R.-5 d v _ Illtaime �r a VIE K ac::, , • 4 bokl•N L— ` T• ► . • .1 IL% • ' R •• ; )41,gy - - FRANK SINATRA DR P.C.-(2) O.S. Proposed 44 GPA R-1-M Tr Low Density Residential • To • Office Professional eli/°5"al"t. en Case No. GPA 02-02 PLANNING COMMISSION GENERAL PLAN AMENDMENT RESOLUTION NO. 2148 r EXTTI 1IT A Date: August 20 , 2002 P.R.-5 la < P.R.-5 CH OOK cir ' J O vIIM O �--�g KO oPFLLt c R P.R.-5 P.=Y--� / w v ni.t RC:F. P E CCLLEGEO •- -----mow �� a ,- �-- VIEW CIR a VIEW CI R '- �- = (- . - ii_i �Y�N . 1d, TON . ATPINFJN ___- _____ „„. . . .- I ) \ *A) 7 ) 15 — —4 FRANK SINATRA DR P.C.-(2) O.S. 44/ R-1-M Proposed gr(____, Zoning Change M PR-5 To Office Professional eliy a/9a6n 17eeI Case No. C/Z 02-02 PLANNING COMMISSION 7 Change of Zone RESOLUTION NO. 2148 EXHI 1IT It Date: August 20 , 2002 � g PLANNING COMMISSION RESOLUTION NO. 2148 EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 02-02, C/Z 02-02, PP 02-06 APPLICANT/PROJECT SPONSOR: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 PROJECT DESCRIPTION/LOCATION: A general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (O.P.) and a precise plan of design allowing up to 33,310 square feet of office professional use on 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. st 0, 2002 PHILIP DRE L DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 11 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 6, 2002 CASE NOS: GPA 02-02, C/Z 02-02 and PP 02-06 REQUEST: Approval of a general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (O.P.), a precise plan of design allowing up to 33,310 square feet of office professional use and negative declaration of environmental impact as it pertains thereto for 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. APPLICANT: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 I. BACKGROUND: The site is vacant desert at the northwest corner of Portola and Frank Sinatra. The site slopes from north to south. In 1998 a request to permit a nine-acre office complex on this lot and the lot to the west was rejected due to neighborhood opposition. The five-acre lot to the west has been developed with single family dwellings. ADJACENT ZONING AND LAND USE: North: PR-5 / Vacant South: PC-2 / Vacant East: PR-5 / Vacant / Rancho Portola West: PR-5 / Single Family Dwellings II. CURRENT PROPOSAL: The applicant seeks approval of a general plan amendment and change of zone from low density residential to office professional to permit approval of a precise plan of design which proposes a series of seven one-story professional office buildings. STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 AUGUST 6, 2002 III. ANALYSIS: A. GENERAL PLAN AMENDMENT AND CHANGE OF ZONE: The General Plan currently designates the property low density residential and it is zoned PR-5. The General Plan Advisory Committee reviewed this request and determined that it was a matter of local concern and that it should be reviewed through the normal planning process. 1 . RESIDENTIAL CONCERNS: a. Geometry Development with residential units would be difficult due to the limited north to south property dimension which is only 280 feet. Assuming a 60-foot wide public street running east-west would leave 220 feet or 110 feet of lot depth on each side of the street. On lots which back onto arterial streets extra deep rear yards are desirable which would not be available for these units. b. Noise Dwellings this close to arterial streets have the potential to result in long-term noise problems as traffic volumes increase in the area. Portola and Frank Sinatra both have the potential to carry high volumes of traffic in the future. Portola is designated "major thoroughfare" in the Circulation Element and Frank Sinatra is a designated "arterial." c. Corner Design The typical residential layout which would create an east-west street extending easterly from Shepherd Lane would place one dwelling unit right at the intersection. There would be a six-foot masonry wall 20 feet from curb face similar to Hovley Lane and Monterey. There is very limited opportunity for open space and significant landscape statement. 2 STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 AUGUST 6, 2002 Office use on this site would allow us to achieve a situation similar to the Cornerstone complex at Country Club and Portola with an open landscaped area at the corner. The site plan of this site is very similar to the Cornerstone complex and will result in an open, landscaped corner (see description of precise plan later). d. Features Supporting Office Professional Land Use Throughout the city office professional zoning has been used as an effective buffer between high traffic volume streets and more intense land uses. In this instance the office professional property will buffer the residential to the north from the traffic on Frank Sinatra and provide a suitable transition from the neighborhood commercial zoned property on the south side of Frank Sinatra. The office professional land use allows us to create an open landscaped area at the corner of two major streets which would not be possible with a typical residential layout. The general plan amendment and change of zone from low density residential to office professional is appropriate. B. PRECISE PLAN: The applicant proposes a "Cornerstone" like office complex with seven (7) single story building (five adjacent to Frank Sinatra, one facing Portola, and one on the interior of the lot). Buildings will range in size from 3,100 square feet to 6,600 square feet and total 33,310 square feet. The plan provides a total of 143 parking spaces generally located along the north half of the lot. The corner of the site at Portola and Frank Sinatra provides an open landscaped area with a water feature which may be part of the public art program. The setback areas along Frank Sinatra, Portola and Shepherd will be landscaped from the back of sidewalk to the buildings a total of 29 feet. Differences in grade will be handled with retaining walls and terraces. 3 STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 AUGUST 6, 2002 1 . Architecture The plans show a low profile contemporary desert architecture for the complex. June 11 , 2002 ARC granted preliminary approval subject to the applicant creating more roof line variety by revising selected parapet elements with adequate thickness and returns and submitting a roof plan illustrating the design. Altering the parapet height will also assure that roof-mounted equipment will not be visible. 2. Site Plan/Access The project has three access points - one on Portola at the north end of the site and one on Frank Sinatra at the mid point, and one at the west end of the site onto Shepherd Lane. Generally the buildings are located adjacent to Frank Sinatra and parking is located on the north side of the site. The accesses on Portola and on Frank Sinatra will be limited to right in/ right out only. No left movement exiting the site will be permitted. Persons wishing to go eastbound Frank Sinatra or south on Portola will exit the site from the Portola access. The Shepherd Lane access provides direct access for the residential area to the north. The site layout is similar to the Cornerstone office complex at Country Club and Portola. 3. Parking Office professional uses have a basic parking requirement of four spaces per 1 ,000 square feet. The applicant is proposing total building area of 33,310 square feet which has a parking requirement of 133 spaces. The site plan provides 143 spaces. The extra 10 parking spaces can be applied to medical / dental uses. Accordingly, we will condition that medical / dental uses not exceed 5,000 square feet. Thirty-eight (38) parking spaces will be covered with a carport structure. 4 STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 AUGUST 6, 2002 PROJECT DATA O.P. PROJECT ORDINANCE Site Area 3.90 acres 15,000 square foot min. Building Area 33,310 --- Building Setbacks: Front (Frank Sinatra) 25 feet 15 feet Side 25 feet 20 feet Rear 20 feet 20 feet Street Side 25 feet 15 feet Height to Setback Ratio 37 feet from curb 18 foot building equals 18 feet from curb Maximum Coverage 20% 50% Building Height: A 18 feet 18 feet - 25 feet B 18 feet 18 feet - 25 feet C 18 feet 18 feet - 25 feet D 18 feet 18 feet - 25 feet E 18 feet 18 feet - 25 feet F 18 feet 18 feet - 25 feet G 18 feet 18 feet - 25 feet Parking Spaces 143* 133 * Medical/dental offices/clinics require six spaces per 1 ,000 square feet. Therefore, these uses would be limited to a maximum of 5,000 square feet. Height limit is 18 feet with a minimum 20 foot setback to residential zone. IV. ENVIRONMENTAL IMPACT: The initial study did not identify any significant impacts which could not be mitigated to a level of insignificance. (See attached Environmental Checklist Form and Initial Study.) A Negative Declaration of Environmental Impact will be submitted for certification. 5 STAFF REPORT CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 AUGUST 6, 2002 V. CONCLUSION: The proposed general plan amendment and change of zone can be supported. The property would be difficult to develop residentially and future traffic levels could negatively impact on residential units this close to the intersection. Planning an office park in this location would buffer the residential areas to the north and west. The office park would be an acceptable transition use from the district commercial on the south side of Frank Sinatra. From an urban design consideration, moving neighborhood services closer to residences is desirable in that it will reduce traffic to the core of the city. The precise plan as proposed is consistent with the O.P. zone standards which is the requested zoning. Staff recommends approval of the request. VI. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of Case Nos. GPA 02-02, C/Z 02-02 and PP 02-06, and a Negative Declaration of Environmental Impact as it relates thereto. VII. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Reviewed and Approved by: Steve Smith Phil Drell Planning Manager Director of Community Development /tm 6 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (PR-5) TO OFFICE PROFESSIONAL, PRECISE PLAN, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN OFFICE PARK CONTAINING UP TO 33,310 SQUARE FEET IN AREA, LOCATED ON 3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NOS. GPA 02-02, C/Z 02-02, PP 02-06 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of August, 2002, hold a duly noticed public hearing to consider the request of NBNA UNIQUE PROPERTIES, LLC, for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its actions, as described below: General Plan Amendment/Change of Zone 1 . Office Professional designation at the proposed location is consistent with the General Plan policy of providing convenient office professional services at major arterial intersections. 2. The site provides for adequate design buffers to insure compatibility with adjacent land uses. Precise Plan 1 . The design of the project is consistent with the goals and objective of the O.P. zone and the amended Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. PLANNING COMMISSION RESOLUTION NO. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of GPA 02-02 Exhibit "A," C/Z 02-02 Exhibit "B", PP 02-06 on file in the Department of Community Development, and a Negative Declaration of Environmental Impact Exhibit "C." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of August, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP 02-06 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 PLANNING COMMISSION RESOLUTION NO. 7. That pursuant to Resolution No. 90-130 this development shall pay the appropriate office development low income housing mitigation fee. 8. Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan based on 3.90 gross acres. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 10. Applicant shall emphasize drought resistant and water conserving plant materials and irrigation technologies into the landscape plan. Parking lot shall conform to shade tree ordinance requirements. 1 1 . A parking lot lighting plan prepared by a lighting engineer shall be required confirming compliance with the city's lighting ordinance, Ordinance No. 642. 12. Hours of operation for the office park shall be limited to 8:00 a.m. to 7:00 p.m. seven days a week. 13. That the project shall pay statutory school fees for commercial/industrial development. 14. That the applicant shall pay a one time fee of $1 ,000 which shall be forwarded to CVAG to be directed to Multi Species Habitat Conservation Plan funding. 15. That the applicant shall provide for a bus shelter/stop on Portola with plans to be approved by the City including design, color and materials. Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of a grading permit. 4 PLANNING COMMISSION RESOLUTION NO. 3. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. All landscaping shall conform to Section 24.04 "Water-Efficient Landscape" of the Palm Desert Municipal Code. Landscaping maintenance on the Portola Avenue and Frank Sinatra Drive project frontages shall be the responsibility of the property owner. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 8. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 9. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to the following: ► Construction of acceleration/deceleration lanes at all project entries. ► Construction of dedicated right turn lane for westbound Frank Sinatra Drive at Shepherd Lane. 5 PLANNING COMMISSION RESOLUTION NO. ► Construction of dedicated right turn lane for southbound Portola Avenue at Frank Sinatra Drive. ► Construct Shepherd Lane paving, curb, gutter and sidewalk to half-street width of 20'. ► Installation of a street light on the northwest corner of Portola Avenue and Frank Sinatra Drive. Electrical service for this street light shall include service for future traffic signal at this intersection. ► Construction of a minimum eight foot wide concrete meandering sidewalk on all project frontages. ► Installation of appropriate landscape improvements within the existing Frank Sinatra Drive median island. ► A minimum 20' landscape buffer (measured from curb face) shall be provided on all project frontages. Rights-of-way/easements as necessary to accommodate the above noted improvements shall be provided prior to the issuance of any permits associated with this project. "As- built" plans shall be submitted to the Director of Public Works prior to the acceptance of the improvements by the City. 10. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Preliminary landscape plans shall be submitted concurrently with grading plans. 11. Size, number and location of driveways to the specifications of the Department of Public Works with three driveway approaches serving this property, one each on Portola Avenue, Frank Sinatra Drive, and Shepherd Lane. The Portola and Frank Sinatra access points shall be limited to right-turn ingress and egress only. The Shepherd Lane driveway shall align with Daisy Lane. 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 6 PLANNING COMMISSION RESOLUTION NO. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards. The fire department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide or show there exists a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1 /2"x2-1 /2", located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 7 PLANNING COMMISSION RESOLUTION NO. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 1 1 . Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. All buildings shall have illuminated addresses of a size approved by the City. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 8 /-\ P.R.-5 W -a P.R.-5 - - O 1- WOOD /--- KO PF.T.i:, riw P.R.-5 13- Mai0 -- '�Cr Cal i F ,w — V:Ey41 C,IR a VIEW CI K • . 1 I r'"'" . ik_ _ • ....N L ` T• ► AT I11 JN limI , \ ._.__---------------- _ m P.R.- ) . ) 1r1j1 : \ FRANK SINATRA DR P.C.-(2) O.S. Proposed GPA ,� R-1-M ; • • • Low Density Residential To Office Professional L'rlj(.51✓a6ir.1)en'rf Case No. GPA 02-02 PLANNING COMMISSION e ). GENERAL PLAN AMENDMENT RESOLUTION NO. IAHIBIT A Date: \ • -.-\. P.R.-5 , W < P.R.-5 a CHh[I I , O LPUNATIMI 4 —\ KO •PFI-1 d CT P.R.-5 a RIM• Ei F— 4 ',\w 2 E CC_ --� —� Cn1-LFCG = -- _cc__ - V[EWCIR a VIEW CMillik sY E--- ca = ik_ __------ __ __— col Iti .`{IN A Lula Pik ' • NEJ In IN • DIF '' ' •• 1 II ' *WITT III :.. _ ; . - - FRANK SINATRA DR I P.C.-(2) O.S. A R-1-M Proposed T Zoning Change / PR-5 I To Office Professional I <'ife/re/.%afm_Owed Case No. C/Z 02-02 PLANNING COMMISSION Chan._e of Zone RESOLUTION NO. EXHI ICE IT It Date: PLANNING COMMISSION RESOLUTION NO. EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 02-02, C/Z 02-02, PP 02-06 APPLICANT/PROJECT SPONSOR: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 PROJECT DESCRIPTION/LOCATION: A general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (O.P.) and a precise plan of design allowing up to 33,310 square feet of office professional use on 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. August 6, 2002 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 11 INTEROFFICE MEMORANDUM RECEI\TAD TO: Department of Community Development/Planning JUL 3 1 2U31 Attention: Steve Smith COMMUNITY �E r 1." EL'-' ME\T DEPART.1fE rT CITY OF PALM DESERT FROM: Joseph S. Gaugush, Director of Public Works/City Engineer SUBJECT: PP 02-06, GPA 02-02, CZ 02-02, DESERT WILLOW CORPORATE CENTER DATE: July 30, 2002 The following should be considered conditions of approval for the above-referenced project: (1) Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading permit. (2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. (3) Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. (4) Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. (5) All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. (6) All landscaping shall conform to Section 24.04 "Water-Efficient Landscape" of the Palm Desert Municipal Code. Landscaping maintenance on the Portola Avenue and Frank Sinatra Drive project frontages shall be the responsibility of the property owner. (7) Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. (8) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. (9) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to the following: ► Construction of acceleration/deceleration lanes at all project entries. ► Construction of dedicated right turn lane for westbound Frank Sinatra Drive at Shepherd Lane. ► Construction of dedicated right turn lane for southbound Portola Avenue at Frank Sinatra Drive. ► Construct Shepherd Lane paving, curb, gutter and sidewalk to half-street width of 20'. ► Installation of a street light on the northwest corner of Portola Avenue and Frank Sinatra Drive. Electrical service for this street light shall include service for future traffic signal at this intersection. ► Construction of a minimum eight foot wide concrete meandering sidewalk on all project frontages. ► Installation of appropriate landscape improvements within the existing Frank Sinatra Drive median island. ► A minimum 20' landscape buffer (measured from curb face) shall be provided on all project frontages. Rights-of-way/easements as necessary to accommodate the above noted improvements shall be provided prior to the issuance of any permits associated with this project. "As- built" plans shall be submitted to the Director of Public Works prior to the acceptance of the improvements by the City. (10) In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Preliminary landscape plans shall be submitted concurrently with grading plans. (11) Size, number and location of driveways to the specifications of the Department of Public Works with three driveway approaches serving this property, one each on Portola Avenue, Frank Sinatra Drive, and Shepherd Lane. The Portola and Frank Sinatra access points shall be limited to right-turn ingress and egress only. The Shepherd Lane driveway shall align with Daisy Lane. (12) Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. (13) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at time of building permit issuance. (14) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. JOSEPH S. GAUGUSH, P.E. G:\PubWorks\Conditions of Approval\PPLANS\PP 02-06 GPA 02-02 CZ 02-02 Desert Willow Corporate Center.wpd CALIFORNIA RIVERSIDE C0,1TY EY 0PE PROITC00i9 FIRE DEPARTMENT C r°RESTrY �rIRE DF Sit"°aky In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 LLB®77 fl"E °"""'POINT Cove Fire Marshal's Office Torn Tisdale 70801 Highway 111 Fire Chief Rancho Mirage CA 92270 7/0 — (760)346-1870 Proudly serving the unincorporated areas of Riverside TO: / J C County and the / G ✓ ,j cities of: Banning REF: fi° L" th(z'/ b r" C)2-- U �) U— Beaumont Calimesa If circled, conditions apply to project Canyon Lake 1' With respect to the conditions of approval regarding the above Coachella referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Desert Hot Springs Code, NFPA, UFC, and UBC or any recognized Fire Protection Indian Wells Standards: The Fire Department is required to set a minimum fire flow for the Indio remodel or construction of all buildings per UFC article 87. Lake Elsinore . A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual LaQuinta pressure must be available before any combustible material is place on the job site. Moreno Valley Provide or show there exists a water system capable of providing a Palm Desert gpm flow of: Perris 3. 1500 gpm for single family dwellings 4. 2500 gpm for multifamily dwellings Rancho Mirage 3000 gpm for commercial buildings San Jacinto The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x2 'h"x2 'A", located not less than 25' nor more than: Temecula 6. 200' from any portion of a single family dwelling measured via vehicular travelway 7. 165' from any portion of a multifamily dwelling measured via Board of Supervisors vehicular travelway Bob Buster 8 150' from any portion of a commercial building measured via District 1 vehicular travelwa John Tavaglione 9 Water Plans must be approved by the Fire Marshal and include District 2 verification that the water system will produce the required fire flow. Jim Venable 10. Please be advised the project maynot be feasible since the District 3 proposed p existing water mains will not meet the required fire flow. Roy Wilson District 4 Tom Mullen District 5 40 Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exem ted are one and two family dwellin s. 12 All valves controlling the water supply for automatic sprinkler systems and Water-flow switches shall be monitored and alarmed per UBC Chapter 9. 0 Install a fire alarm system as required by the UBC Chapter 3.014 Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 15. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per UFC Chapter 76 if conducting an operation that produces airborne particles.017 All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. r 8 Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. ************** CITY OF PnLffl DESERT • -• 73-5to FRED WARING DRIVE q �;. PALM DESERT, CALIFORNIA 9 2 260-2 5 7 8 •'� :: TEL: 760 346-061 t t/ Y FAX: 760 341-7098 q.��.. info C palm-desert.org Da REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL TO: Building,Public Works,Martin Alverez,Waste Management, Fire, Police, and CVWD, rie/few/mr ,e/a_ , CiTNY CASE NO: PP 02-06, GPA 02-02, and CZ 02-02 PROJECT: Seven building office complex totaling 33,310 square feet. APPLICANT: NBNA UNIQUE PROPERTIES, LLC 5302 189th Avenue, N.E. Sammamish, WA 98074-6201 Enclosed please find materials describing a project for which the following is being requested: Approval of a Precise Plan, General Plan Amendment and Change of Zone requesting to build seven individual office buildings in a complex totaling 33,310 square feet. The project site is located on the northeast corner of Portola and Frank Sinatra Drive. The current zone is P.R. 5, the applicant is requesting a general plan amendment and change oz zone to allow will convert P.R. 5 into O.P. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval. The city is interested in the probable impacts on the environment (including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and or recommended conditions of approval based on your expertise and area of concern. This office prior to 5:00 p.m. May 31, 2002 must receive your comments and recommended conditions of approval, to the attention of Tony Bagato, Planning Technician or Steve Smith, Planning Manager in order to be considered. If you have any questions, please contact me at (760) 346-0611, ext. 279. Sincerely, • Tony Bagato , Planning Technician Attachment 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 21. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 022All buildings shall have illuminated addresses of a size approved by the city. 2 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. ( Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870 Location: 70801 Highway 111, Rancho Mirage CA 92270 Other: L , Sincerely, Michael H. Wilson Fire Marshal INTEROFFICE MEMORADUM City of Palm Desert RECEIVED JUN - 5 2002 TO: TONY BAGATO, PLANNING TECHNICIAN O1UNITy DEVELOPMENT DEPARTMENT CITY OF PALM DESERT FROM: FRANKIE RIDDLE, MANAGEMENT ANALYST SUBJECT: PP 02-06, GPA 02-02, CZ 02-02 DATE: JUNE 4, 2002 I have reviewed the attached Site Plan for possible placement of a bus shelter(s) and discussed future bus service in this area, specifically along Portola, with Leslie of SunLine Transit Agency. There is planned future bus service in this area and since this will be one of serviced intersection a bus shelter/stop should be conditioned for this project. Plans for the intended bus shelter outlining the design, color, and materials • should be submitted to me for review. 1 _ FRANKIE RIDDLE MANAGEMENT ANALYST Jun-04-02 03:29pm From-WATER DI;"—T/COACHELLA VALLEY +7603993711 T-569 P.02/03 F-962 AT E'R ESTAOLISHED IN 1918 AS A PUBLIC AGENCY • kir/ ESTRIG COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058• COACHELLA, CALIFORNIA 92236•TELEPHONE(760)388-2851 DIRECTORS OFFICERS JOHN w.McFADDEN.PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER RUSSELL KITAHARA,VICE PRESIDENT BERNARDINE BUTTON,SECRETARY TELUS CODEKAS STEV N 8.ROBBINS,ASSISTANTTO GENERAL MANAGER PATRICIA A.LARSON June 4, 2002 REDWINE AND$nERRILL,ATTORNEYS PETER NELSON File: 0163.1 040632-4 RECEIVED Department of Community Development City of Palm Desert 73-510 Fred Waring Drive rpit'�tC�ITY DE�'EL��`,1E`P DEPARTStENT Palm Desert, California 92260 c(T�ol:PAL?1 DESERT Gentlemen: Subject: PP 02-06, GPA 02-02, CZ 02-02 This area lies on the sandy area in the northern portion of Palm Desert and is considered safc from regional stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. Drainage from this area is contributory to the Mid-Valley Stormwater Project. The city shall require mitigation measures to be incorporated into the development to prevent flooding of the sire or downstream properties. These measures shall include on-site retention of water from the 100-year storm, dedication of right-of-way for regional flood control facilities or other participation in the financing of regional flood control facilities. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District Nos. 53 and 80 of the district for sanitation service. Plans for grading, landscaping and irrigation systems shall be submitted to the district for review. This review is for ensuring efficient water management. TRUE CONSERVATION USE WATER WISELY Received Jun-04-2002 02:33pm From—+7603993711 To—PALM DESERT PUBLIC W Page 002 Jun-04-02 03:29pm From-WATER DI'--'1T/COACHELLA VALLEY +7603963711 T-569 P.03/03 F-962 Department of Community Development City of Palm Desert -2- June 4, 2002 If you have any questions please call Dan Charlton, stormwater engineer, extension 316. Yours very mal ,rl f-.: korn Levy General Manager-Chief Engineer cc: Don Park Rivcrside County Department of Public Health 82-675 Highway 1 I I, CAC Building, Second Floor, Room 209 Indio, California 92201 DC:jl\cng\sw\jun\pp02-06 COACHELLA VALLEY WATER DISTRICT Received Jun-04-2002 02:33pm From-+7603963711 To-PALM DESERT PUBLIC W Page 003 LI I 1 U1 fflLlll UC ) CII I y� '� 73- rn WARING DRIVE � '^a -1,�p 1 PALI RT,CALIFORNIA 92 260-2 3 78 I c� y TRL:700 346-061 I •.•.��` �• FAX 760 341-7098 tai CITY OF PALM DESERT LEGAL NOTICE • CASE NO.:GPA 02-02,C/Z 02-02,PP 02-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by NBNA UNIQUE PROPERTIES,LLC for approval of a General Plan Amendment and • Change of Zone from Planned Residential(PR-5)to Office Professional and approval of a a Precise Plan of Design for up to 33,310 square feet of professional office buildings and a Negative Declaration of Environmental Impact as it relates thereto for 3.9 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive,74-150 Frank Sinatra Drive. I P.R.-5 - e„ ; G - I red MI� � _ II, P.R.-5 _O� 01_ip. - alil11111 MIEN - -�liaEll. Ili&i NINO ' o.s. 14' R-1-M f . , SAID public hearing will be held on Tuesday,August 6,2002 at 7:00 p.m.in the Council Chamber at the Palm Desert Civic Center,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development/Planning at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Council at,or prior to,the public hearing. • PUBLISH: Desert Sun PHILIP DRELL,Secretary July 23,2002 Palm Desert Planning Commission tNVIRONMENTAL CHECKLIST FOrsivi 1 . Project Title: Desert Willow Corporate Center 2. Lead Agency and Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 3. Contact person and Phone Number: Stephen R. Smith, Planning Manager Department of Community Development (760) 346-061 1 ext. 486 4. Project Location: Part of the east half of Section 32, T4S R6E at the northwest corner of Frank Sinatra Drive and Portola Avenue. 5. Project Sponsor's Name and Address: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98071-6201 6. General Plan Designation: Low Density Residential 7. Zoning: PR-5 (planned residential five units per acre) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) Approvals necessary to construct seven professional office buildings. Building area not to exceed 33,310 square feet. Approvals include a general plan amendment, change of zone and precise plan of design. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings. Attach additional sheet(s) if necessary.) The subject property is gently sloping vacant desert. To the north is vacant land. To the west is a single family residential tract of homes. To the east is vacant land except at the southeast where site overlooks the Desert Willow Golf Course. To the south is vacant commercial zoned land. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): N/A CITY/RVPUB/1998/32095 PAGE 1 OF 14 FORM "J" ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics 0 Agriculture Resources 0 Air Quality 14 Biological Resources 0 Cultural Resources 0 Geology/Soils O Hazards& Hazardous Materials 0 Hydrology/Water Quality 0 Land Use/Planning • O Mineral Resources 0 Noise 0 Population/Housing ❑ Public Services 0 Recreation 0 Transportation/Traffic O Utilities/Service Systems 0 Mandatory Findings of Significance DETERMINATION(To be completed by the Lead Agency): On the basis of this initial evaluation: El I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. O I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. O I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. Signature- _ Date • Printed Name For CITY/RVPUB/1999/313785 FORM "I" Page 2 of 14 9) The explanation of each is! hould identify: a) the significance cntena or threshold, if any,used to evaluate each question; and b) the mitigation measure identified, if any,to reduce the impact to less than significance. SAMPLE QUESTION Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ ❑ b) Substantially damage scenic resources,including,but not ❑ ❑ ❑ 0 limited to,tress,rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality ❑ ❑ ❑ ❑ of the site and its surroundings? d) Create a new source of substantial light or glare which ❑ ❑ ❑ ❑ would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland,Unique Farmland,or Farmland of ❑ ❑ ❑ a Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b) Conflict with existing zoning for agricultural use,or a ❑ ❑ ❑ Williamson Act contract? CITY/RVPUB/1 999/3 1 3785 FORM"T' Page 4 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact c) Involve other changes in the existing environment which, ❑ ❑ ❑ due to their location or nature,could result in conversion of Farmland,to non-agricultural use? III. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable ❑ ❑ ❑ ❑ air quality plan? b) Violate any air quality standard or contribute substantially ❑ 0 ❑ to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any ❑ ❑ ❑ Q criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect,either directly or through ❑ ❑ ❑ habitat modifications,on any species identified as a candidate, sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? CITY/RVPUB/1999/313785 FORM "T' Page 5 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No impact Impact Incorporated Impact b) Have a substantial adverse effect on any riparian habitat or ❑ Cl ❑ 71' other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected ❑ ❑ ❑ ❑ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to,marsh,vernal pool,coastal, etc.)through direct removal, filling,hydrological interruption,or other means? d) Interfere substantially with the movement of any native ❑ ❑ ❑ 0 resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ❑ ❑ ❑ biological resources,such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ D Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ O. historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ • 0 archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ❑ ❑ ❑ ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside ❑ 0 0 .0. of formal cemeteries? CITY/RVPUB/1999/313785 FORM "I" Page 6 of 14 Lcss Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact incorporated Impact VI. GEOLOGY AND SOILS --Would the project: a) Expose people or structures to potential substantial adverse ❑ ❑ ❑ 0 effects,including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the ❑ ❑ ❑ ❑ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ 0 iii Seismic-related ground failure,including liquefaction? ❑ ❑ ❑ CI iv Landslides? ❑ ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable,or that ❑ ❑ ❑ would become unstable as a result of the project, and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of ❑ ❑ ❑ 0 the Uniform Building Code(1994),creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ ❑ a septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment ❑ ❑ ❑ through the routine transport,use, or disposal of hazardous materials? CITY/RVPUB/1 999/3 1 3 7 85 FORM "J" Page 7 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact b) Create a significant hazard to the public or the environment ❑ ❑ ❑ G through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑ Q hazardous materials,substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous ❑ 0 ❑ 0 materials sites compiled pursuant to Government Code section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ❑ CI Q where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would ❑ ❑ ❑ the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ❑ ❑ ❑ ;i adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, ❑ CI ll injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ❑ ❑ ❑ I• requirements? CITY/RVPUB/1999/313785 FORM"T' Page 8 of 14 Less Than Issues Significant Potentially With Less Than Significant Mingation Significant No impact Impact Incorporated Impact b) Substantially deplete groundwater supplies or interfere ❑ ❑ ❑ n substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or ❑ ❑ ❑ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or ❑ ❑ ❑ 0 area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the ❑ ❑ ❑ ❑ capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ 0 0 0 g) Place housing within a 100-year flood hazard area as ❑ ❑ ❑ '0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which ❑ ❑ ❑ 0 would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, ❑ ❑ ❑ 0 injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 0 CITY/RVPUB/1 999/3 1 3785 FORM"T' Page 9 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? E E ❑ 0 b) Conflict with any applicable land use plan,policy,or CI 0 E 0 regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan, local coastal program,or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or E 0 0 0 natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral E E D El resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important El CI 0 0 mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in E E 0 Q excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive El ❑ 0 E groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in E E E 0 the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient E 0 D 0 noise levels in the project vicinity above levels existing without the project? CITY/RVPUB/1999/313785 FORM "J" Page 10 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact e) For a project located within an airport land use plan or, ❑ ❑ ❑ where such a plan has not been adopted, within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would ❑ ❑ ❑ ❑ the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area,either ❑ ❑ ❑ 0 directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ ❑ ❑ 0 necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? XIII. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ • CI Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ 0 CITY/RVPUB/1999/313785 FORM"J" Page 11 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact Parks? ❑ ❑ ❑ `�1 Other public facilities? ❑ ❑ ❑ a XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional ❑ ❑ ❑ Ej parks or other recreational facilities such that substantial physical detenoration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ ❑ 0 the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation ❑ ❑ 0 ❑ to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed,either individually or cumulatively, a level of ❑ ❑ i=j ❑ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns,including either ❑ ❑ ❑ Q an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature CI ❑ 0' (e.g., sharp curves or dangerous intersections)or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ Q CITY/RVPUB/1 999/3 1 3 7 85 FORM"J" Page 12 of 14 Less Than Issues: Significant Potentially With Lcss Than Significant Mitigation Significant No Impact Impact Incorporated Impact f) Result in inadequate parking capacity? D D D 0 g) Conflict with adopted policies,plans,or programs D D D supporting alternative transportation(e.g.,bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the D D _El E applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or D D D a wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water D D D Q drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the D D 0 project from existing entitlements and resources,or are Q new or expanded entitlements needed? e) Result in a determination by the wastewater treatment D D 0 D" provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0Be served by a landfill with sufficient permitted capacity D D D Q` to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and D D 0 a regulations related to solid waste? CITY/RVPUB/1999/313785 FORM"T' Page 13 of 14 Less Than Issues: Significant Potentially With Less Than Significant Mitigation Significant No Impact Impact Incorporated Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality tJ of the environment,substantially reduce the habitat or a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually � limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current project,and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? • CITY/RVPUB/1 999/3 1 3785 FORM"T' Page 14 of 14 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 AND PP 02-06 ENVIRONMENTAL EVALUATION CHECKLIST COMMENTS AND POSSIBLE MITIGATION MEASURES (CATEGORIES PERTAIN TO ATTACHED CHECKLIST) I. AESTHETICS a, b & c. The site has a scenic vista to the mountains to the west. Frank Sinatra and Portola are not scenic highways. The site in the present condition can be termed as aesthetically offensive due to blow sand problems. The proposed development must be approved by the Palm Desert Architectural Commission. d. New light will be produced but the project will be required to prevent lighting spill over. In addition, the requirement for an engineered lighting plan per Ordinance No. 826 will assure that this condition is fulfilled. II. AGRICULTURAL RESOURCES The subject site is vacant desert. There is no agricultural use on the site nor is there any agricultural use in the area. III. AIR QUALITY a, b & c. During construction, particularly grading, a potential dust problem is a short term impact. Requiring that the ground be moistened during days in which grading occurs will mitigate this problem. This is required by City of Palm Desert Grading Ordinance. Because the site is already an urbanized setting, its development will not result in an overall deterioration of ambient air quality. This conclusion is supported by the discussions relating to air quality contained in a draft environmental impact report prepared for the North Sphere Specific Plan. Completed development of the site will result in less dust leaving the site then currently occurs with the site's vacant condition. Development of this site will not result in any climatic changes. This is due to its size and identified uses. d. The proposed office use will not result in substantial pollutant concentrations. INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 e. The proposed development does not call for any odorous land uses. IV. BIOLOGICAL RESOURCES a. The property is in the designated area of the Coachella Valley Fringe-Toed Lizard. This project will eliminate all fringe-toed lizards within the project boundaries. Pursuant to the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan the loss of lizards and habitat can be mitigated by payment of a $600 per acre fee for each acre developed. Project will be conditioned to pay said fee. Mitigation fee will be used by Nature Conservancy to purchase land in special preserves. The Coachella Valley Preserves which will create suitable habitat for lizards as well as other species. The site may contain other dune species which are of statewide concern (i.e., Coachella Valley Milk Vetch). A multi species habitat conservation plan is being prepared by CVAG which will establish preserves and conservation practices to insure the future survival of these dune species. To assist in this process, the project shall contribute $1 ,000 to CVAG to be directed to MSHCP funding. b. No riparian habitat or other sensitive natural area located on site. c. No wetland habitat on site. d. See (a) above. The dune species of concern are not migratory in nature. The site has been designated for development with mitigation fees within the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan. e. No tree preservation policy in effect. f. No conservation plan in effect. V. CULTURAL RESOURCES a-d. The cultural resource study performed as part of the North Sphere Specific Plan found no evidence of any cultural, archeological or historical significance on this site. In addition, state law requires that should any evidence be found during construction, construction must cease and the site cleared. 2 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 VI. GEOLOGY AND SOILS a. Project is not in a fault rupture zone. b-e. The project will result in grading. Such grading will not result in any alterations to geologic substructures. The site is relatively flat so that grading will not create unstable earth conditions. As part of the normal grading activity soil will be moved, displaced, over- covered and compacted. This activity will be done per permit and approved grading plans to assure that the site is properly prepared for the structural developments which will take place on the site. The site is relatively flat but does slope from north to south and changes in topography and surface relief will be required to assure proper drainage to accommodate the office park design and avoid increased runoff to adjoining properties. The after condition of the property will result in less water runoff from the property to adjoining properties and better direction. The site does not contain any unique geologic or physical features. The project as stated previously will result in less potential water damage to the site through proper grading, resulting in the appropriate directing of runoff from the site. MITIGATION MEASURES The City of Palm Desert grading and building permits procedures required detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on site soils. All structures must be designed to UBC requirements to insure that buildings are constructed within the acceptable level of risk set forth herein for the type of building and occupancies being developed. VII. HAZARDS AND HAZARDOUS MATERIALS a. An office project as proposed will not create a significant hazard to the public or the environment through routine transport, use or disposal of hazardous materials. 3 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 Medical office users will dispose of medical waste pursuant to state and federal regulations. b. See (a) above. c. No school within one quarter mile. d. Site is not tested. e. No airport within two miles. f. No airstrip in vicinity. g. Project will not interfere with city's emergency response or evacuation plan. h. Project will not increase the fire hazard in area with flammable brush, grass or trees. VIII. HYDROLOGY AND WATER QUALITY a-j. The office project will not violate any waste quality standards or waste discharge requirements or deplete groundwater supplies. The office park will use substantial water. The Coachella Valley Water District has indicated sufficient water is available to serve the project. This project will not impact on groundwater recharge capability. The site will absorb less water due to ground coverage, however, the landscaped areas will absorb more water because of the plant material. The alterations in drainage patterns will result in a benefit to adjoining property as it is directed in a controlled manner. There is no surface water on the site. Water will be redirected to drainage facilities designed and constructed to accept the water from the site. There is no ground water present on the site. 4 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 IX. LAND USE AND PLANNING The project will alter the present developed and proposed land use in the area. The planned land use for the property is residential; the project includes a general plan amendment and change of zone to office professional and a precise plan of design for up to 33,310 square feet of office building. The plan does not conflict with any habitat conservation plan or natural community conservation plan. X. MINERAL RESOURCES Project will not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of this state. Xl. NOISE a-d. Construction and subsequent operation of office professional use will increase ambient noise level. The increase is not expected to create an annoyance to adjacent residential properties. All uses on the site will be required to comply with the city noise ordinance. e. No airport within two miles. f. No private airstrip within two miles. MITIGATION MEASURES Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise to be mitigated so that noise levels set in the General Plan Noise Element are not exceeded. XII. POPULATION AND HOUSING The project is a professional office park on vacant land and will not result in changes in location, distribution, density, or growth rate of the city's population. Phasing of development of the office park will parallel normal growth in city population. 5 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 The project is located on vacant land north of Palm Desert Greens development and as such represents a logical extension of the city. Any growth induced by this project will be consistent with the General Plan and Zoning Ordinance of the City of Palm Desert. Site is vacant - site is not designated for affordable housing. XIII. PUBLIC SERVICES The property is presently vacant and serves no productive use. A commitment to urban uses was made as the area surrounding the study area has been developed, and the general plan and zoning maps designated for residential development which is to be changed to office professional as part of this project. Infrastructure improvements (i.e., storm channel, streets, utilities) have been made and are adequate to serve the proposed development. The proposed land use would increase the economic productivity of the land in terms of land efficiency and greater economic return generated from these uses, versus the current state of the land. The project will result in a net increase on fiscal flow to the Palm Desert Redevelopment Agency and the City of Palm Desert. All property tax generated on the site after 1979 including those generated by the improvement of this project will go to the Palm Desert Redevelopment Agency. The city will receive 1 % of the 6% state sales tax collected from the sales on the property. SCHOOLS The property is located within the service area of the Palm Springs Unified School District. The "district" requests that the applicant be required to pay the statutory school fees for commercial/industrial development, currently $.31 per square foot. The project if approved will not include any residential uses. Therefore, staff will recommend a condition requiring payment of the statutory school fees for commercial/industrial development. XIV. RECREATION a & b. The project is an office park. No impacts are expected on existing recreational facilities. 6 INITIAL STUDY CASE NOS. GPA 02-02, C/Z 02-02 and PP 02-06 XV. TRANSPORTATION / TRAFFIC a. The project will generate additional vehicular movements. The existing 3.90 acre site could be developed with 16 dwelling units which would be expected to create 160 trips per day per ITE Trip Generation Manual. An office park is expected to create 11 .42 trips per 1 ,000 square feet. This project would create 380 vehicle trips per day per ITE Trip Generation Manual. Street capacity is adequate to accept this traffic. b. Traffic level of service on Portola and Frank Sinatra will continue to operate at an acceptable level of service. c. No airport within two miles. d. No increased hazards due to a design feature or incompatible uses. e. No negative emergency access impacts. f. There will be a demand for additional parking facilities which will be supplied by the project on site in compliance with city code. g. Project will be conditioned to make land available for future bus turnouts and will provide onsite bicycle racks. XVII. UTILITIES AND SERVICE SYSTEMS a-g. All service providers have indicated the ability to serve the site. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a. See Section IV (a). b. No cumulative impacts identified. c. Project will not have negative environmental effects on humans directly or indirectly. 7 Ill Of PDLDI DESE - 1 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92 260-2 5 7 8 4\ ti f TEL: 760 346-061 i .':''''''i-fi :: FAX: 760 341-7098 A info@palm-desert.org CJTY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA 02-02, C/Z 02-02, AND PP 02-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by NBNA UNIQUE PROPERTIES, LLC for approval of a General Plan Amendment and Change of Zone from Planned Residential (PR-5) to Office Professional and approval of a Precise Plan of Design for up to 33,310 square feet of professional office buildings and a Negative Declaration of Environmental Impact as it relates thereto for 3.9 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive, 74- 150 Frank Sinatra Drive. < P.R.-5 - ►alIIIII R uI_IERNIMME ■r��llllll . ._____.._.__ .I;I I...1'II I gi^:i ii�M.I. .I� P.R.-5 zem_..mi owl Il11111'. - ibraira VIII1111llirnir111,11111 -��•� �Y���� Cam*�� � s.. .... 111111 y1�.Y. gV15RIil SFI ��AC�.` 1 : :11ii: :►r111111 ■� ■uuu■. r'.'" �_ --- lciIiII Iii■I � , 14 0.s. • -`' R-1-M ,e • • SAID public hearing will be held on Thursday, September 12, 2002, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk August 30, 2002 City of Palm Desert, California