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Home My WebLink AboutPD Town Center Expansison Project DP 12-79 Amendment (.03 INTEROFFICE MEMORANDUM CITY OF PALM DESERT, CALIFORNIA DATE: OCTOBER 21, 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SHEILA R.GILLIGAN DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SUBJECT: PALM DESERT TOWN CENTER EXPANSION PROJECT (CASE NO.DP 12-79 AMENDMENT) Attached is a new resolution provided to me this morning by City Attorney Dave Erwin. This new document includes the conditions covered in the discussion and per the action taken at the Regular City Council/Redevelopment Agency Meetings of October 8, 1998. Please let me know if there is any further information or assistance my office may provide. Respectfully submitted, SHEILA R. GILLIG , C.M.C. DIRECTOR OF COMMUNITY AFFAIRS/CIT CLERK SRG:rdk Attachment (as noted) CITY COUNCIL ACT ION: APPROVED DENIED P,ECEIVED OTHER AS- A-mBivb 1_TI O DATE WFa. qA i, .,ES: r..3SENT: t= PBSTAIN: Nok16 VERIFIED BY: � Original on File wit�h�Aty O'lerk' s Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT TO A DEVELOPMENT PLAN FOR A 183,094 SQUARE FOOT EXPANSION TO THE PALM DESERT TOWN CENTER AND 956 SPACE SINGLE LEVEL PARKING DECK. PROJECT INVOLVES ADDITIONAL RETAIL SPACE, 2,200 SEAT THEATER EXPANSION AND ELIMINATION OF ICE RINK AND CHILD CARE FACILITY. PROJECT LOCATED ON PROPERTY GENERALLY BOUNDED BY HIGHWAY 111 , MONTEREY AVENUE, TOWN CENTER WAY AND RANCHO GRANDE DRIVE. CASE NO. DP 12-79 AMENDMENT WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of August, 1998, hold a duly noticed public hearing to consider the request of TrizecHahn/Palm Desert, Inc., for the above mentioned project; and WHEREAS, the Planning Commission of the City of Palm Desert on August 18, 1998, has recommended approval of said 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. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration of Environmental Impact 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 approval of said amendment: 1 . The project is consistent with goals and objectives of the Commercial Core Area Specific Plan, General Plan and the intent and purpose of the Regional Commercial District section of the Zoning Ordinance. 2. The design of the project will not substantially depreciate property values, nor be materially to properties or improvements in the vicinity. injuriousp p P y 3. The project will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The project will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 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. 2. That the approval of the theater and parking structures is conceptual only, subject to further review of the height, mass and design. 3. That the approval of the location and design of the intermodal center is conceptual only, subject to further review. 4. That the Art in Public Places is subject to further review and approval. 5. That the landscape plan is subject to further review and approval, when available, to take care of gaps in the screening. 6. That approval of DP 12-79 Amendment, except as noted above, and Negative Declaration of Environmental Impact, Exhibit A attached hereto, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. DP 12-79 AMENDMENT Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. 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. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 RESOLUTION NO. 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. 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. 11 . Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 12. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 13. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1 .00 per square foot)? Department of Public Works : s. 1 . 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. 2. Construction of all private driveways and parking lots shall be inspected by the Department and a standard inspection fee paid prior to the issuance of a grading permit. 3. 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. 4 RESOLUTION NO. 4. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. 5. 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. 6. 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. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 8. Those mitigation measures identified in the project Traffic Impact Study as approved by the Department of Public Works shall be considered as project conditions of approval. 9. Applicant shall comply with Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20 Stormwater Management and Discharge Control. Riverside County Fire Department: Applicant/developer shall comply with all conditions imposed by the Riverside County Fire Marshal. 5 RESOLUTION NO. EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: DP 12-79 APPLICANT/PROJECT SPONSOR: TrizecHahn/Palm Desert, Inc. 4350 La Jolla Drive, Suite 400 San Diego, CA 92122-1233 PROJECT DESCRIPTION/LOCATION: Amendment to a development plan for a 183,094 square foot expansion to the Palm Desert Town Center and 956 space single level parking deck. Project involves additional retail space, 2,200 seat theater expansion and elimination of ice rink and child care facility. Project located on property generally bounded by Highway 1 1 1 , Monterey Avenue, Town Center Way and Rancho Grande 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 /tm 6