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HomeMy WebLinkAboutTPM 35741REQUEST: SUBMITTED BY: APPLICANT: CASE NO(s): DATE: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT Approval of a Tentative Parcel Map to subdivide a 5.3 acre parcel (Parcel 2 of P.M. 31515) into two parcels approximately 2.762 and 2.567 acres in area for a property located on the southwest corner of Gerald Ford Drive and Cook Street at 36891 Cook Street. Renee Schrader, Associate Planner The Evans Company 36891 Cook Street, Suite 6 Palm Desert, CA 92211 TPM 35741 January 15, 2008 I. EXECUTIVE SUMMARY: II. Approval of TPM 35741 would allow the Planning Commission to grant a division of Parcel 2 of TPM 31515 into two approximately equal parcels for the purposes of conveyance and financing. The existing buildings on Parcel 2 have been certified for occupancy. The property line split would entail the recordation of: new building setbacks, the maintenance and reciprocal ownership of a shared archway sign, and a reciprocal parking agreement for tenant/customer parking located in the rear lot. BACKGROUND: A. Property Description: Currently the subject property is developed with retail, restaurant and office uses occupied within two street -facing structures on the corner of Gerald Ford Drive and Cook Street. The commercial center was approved as "The Village at University Park". B. Zoning and General Plan Designation: Zoning: PCD/FCOZ Planned Community Development/Freeway Commercial Overlay Zone Staff Report Case No: TPM 35714 Date: January 15, 2008 Page 2 of 6 General Plan: CC Community Commercial C. Adjacent Zoning and Land Use: North: Service Industrial / Gas station/Hotel South: Service Industrial / Vacant/location of the Vineyard East: Service Industrial / Vacant West: Service Industrial / Vacant D. Precise Plan 03-11, Change of Zone 03-10 and Development Agreement 03-03: On November 4, 2003, the Planning Commission recommended that the City Council approve a Precise Plan, Change of Zone and Development Agreement for the design of 122,000 square feet of gross leasable office space, 110,880 square feet of gross leasable retail space, (including one drive-thru restaurant adjacent to Gerald Ford Drive), and a three-story hotel with up to 130 rooms with a Negative Declaration for 23.6 acres on the southwest corner of Cook street and Gerald Ford Drive. The City Council approved the entitlements on December 11, 2003. Tentative Parcel Map 31515: On April 24, 2004 the Planning Commission approved a request for Tentative Parcel Map (TPM) 31515. The approved parcel map would divide 23.6 acres +/- into fourteen parcels and two Tots. Subsequently, any proposed buildings were designed to conform to standards of the lot lines as presented on TPM 31515. III. PROJECT DESCRIPTION: The request for the new tentative parcel map proposes to subdivide existing Parcel 2 of TPM 31515 into two parcels. (See Exhibit A: Tentative Parcel Map). The Subdivision Map Act requires that a parcel map be recorded in order to further subdivide the property. While the entire site is partially constructed, the portion that has been built is the portion affected by the parcel subdivision request. The splitting of Parcel 2 into two parcels approximately 2.762 and 2.567 acres in size entails building G:\Planning\Renee Schrader\Planing Case Files\Evans TPM 35741\an 15 reformt Planning Commission Staff Report.doc Staff Report Case No: TPM 35714 Date: January 15, 2008 Page 3 of 6 improvements to the southerly building for opening protection and fire wall placement. These required improvements were generated as a result of the proximity of the proposed new lot line. The proposed new lot line avoids the splitting of a water feature in the center of the main entrance. Additionally, the new lot line, closer to the southerly building edge requires certain fire -resistive construction. The Director of Building and Safety has determined that building improvement construction drawings, currently in plan check review, will not impede the TPM 35741 subdivision request from moving forward to approval of the final map by the City Council since the applicant has conferred and complied with conditions in earlier meetings with the Building and Safety Department regarding the fire wall and opening protection setback requirements. In addition, the splitting of the Parcel 2 into two approximately equal smaller parcels would have otherwise entailed consequent demolition of a shared structure consisting of an archway sign that identifies the "University Village" complex. Staff has recommended that the sign not be removed as it is integral to the identity of the facade design and contributes positively to the surrounding streetscape. (See Exhibit Photographs of Existing Conditions). Assisted by the City Attorney, Staff has crafted a condition of approval that requires that the "University Village" archway sign shared by both buildings not be removed and be maintained as per the following language: The existing archway sign connecting Buildings 2A and 2B shall be the only above ground improvement connecting these two buildings. No other archways or other improvements which cross over the property line dividing Parcel 1 and 2 of Parcel Map 35741, nor any replacement of or modifications to the archway sign are permitted without the prior approval of the Planning and Building and Safety Departments. Prior to recordation of the parcel map, applicant shall record a reciprocal maintenance agreement, in form acceptable to the City Attorney, that requires both parcels to cooperate in the maintenance of the archway sign. In addition, a condition of approval requires that the applicant file a reciprocal parking agreement in order to equitably meet future parking demands. IV. ANALYSIS: In the following section, findings consider the effect of subdivision of Parcel 2 into two approximately equal lots and that the resulting new lot line would allow the existing development to remain consistent with the surrounding environment. G:\Planning\Renee Schrader\Planing Case Files\Evans TPM 35741yan 15 reformt Planning Commission Staff Reportdoc Staff Report Case No: TPM 35714 Date: January 15, 2008 Page 4 of 6 Findings of Approval: 1. That the proposed map is consistent with applicable general and specific plans. • The proposed Parcel Map is consistent with the CC -Community Commercial designation of the General Plan University Park Area. • The proposed Parcel Map is consistent with the Wonder Palms Specific Plan and approved precise plan of design. 2. That the design or improvements of the proposed map are consistent with applicable general and specific plans. • The proposed design of the two new parcels would not cause a negative impact to the existing design, would comply with all zoning ordinance requirements and would retain consistency with the type of development stated in the University Park area General Plan designation. • The design of the parcel division contributes positively to the area and remains consistent with the vision stated in the Wonder Palms Specific Plan as a retail and office venue in a village atmosphere. 3. That the site is physically suitable for the type of development. • The site is currently developed with suitable buildings, parking and pedestrian pathways in a manner that incorporates the village ideal stated in the Specific Plan. The proposed splitting of Parcel 2 would not cause change to the existing development pattern. • Improved streets with necessary utilities currently serve the property. 4. That the site is physically suitable for office/retail/commerical development. • The site is within an existing commercial park and all created Tots meet development standards for the City's zoning ordinance and General Plan. G:\Planning\Renee Schrader\Planing Case Files\Evans TPM 35741\jan 15 reformt Planning Commission Staff Report.doc Staff Report Case No: TPM 35714 Date: January 15, 2008 Page 5 of 6 5. That the design of the Parcel Map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The subject property was previously evaluated as part of Precise Plan 03-11 and a Negative Declaration was prepared. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. • The design of the parcel map is consistent with all provisions of the zoning ordinance with respect to public health safety and welfare. Any development on the proposed parcels will meet City development standards and the Uniform Building Code. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. • There are no known public easements traversing through the site that will be affected by the subdivision. V. ENVIRONMENTAL REVIEW: The application is a Class 15 categorical exemption for purposes of CEQA and no further documentation is necessary. VI. CONCLUSION: The request to subdivide a 5.3 acre parcel (Parcel 2 of P.M. 31515) into two parcels approximately 2.762 and 2.567 acres in area for a property located on the southwest corner of Gerald Ford Drive and Cook Street at 36891 Cook Street does not appear to cause any adverse impacts to the designated densities, to the existing presentation of built forms, or to the quality of surrounding environment. VI1. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving Tentative Parcel Map 35714 subject to the conditions attached. G:\Planning\Renee Schrader\Planing Case Files 1Evans TPM 357411ian 15 reformt Planning Commission Staff Report.doc Staff Report Case No: TPM 35714 Date: January 15, 2008 Page 6 of 6 VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Exhibits Submitted by: Renee Scharaider Associate Planner Approval:, ro veto men - Homer C ACM for p t Services Department Head: Lauri Aylaian Director of Community Development G:\Planning\Renee Schrader\ Planing Case Files\Evans TPM 35741\ an 15 reformt Planning Commission Staff Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35741 (TPM 35741) SUBDIVIVING A 5.3 ACRE PARCEL (PARCEL 2 OF P.M. 31515) INTO TWO PARCELS APPROXIMATELY 2.762 AND 2.567 ACRES IN AREA FOR A PROPERTY LOCATED ON THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND COOK STREET AT 36891 COOK STREET. CASE NO. TPM 35741 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January 2008, hold a duly noticed public hearing to consider the request by the EVANS COMPANY for approval of the above noted; 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 will not have a negative impact on the environment and that the application is a Class 15 categorical exemption for purposes of CEQA, and therefore no further documentation is necessary; 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 exist to justify the approval of said request: 1. The proposed tentative parcel map is consistent with the goals and objectives of the City of Palm Desert General Plan 2020 and consistent with the densities designated in the Wonder Palms Specific Plan. The proposed location of the new lot line will not cause or subject the existing development density or uses to change. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance and with the 2001 California Building Code Chapter 5; General Building Limitations. The proposed subdivision has met the minimum lot setbacks, and therefore any ensuing structural opening -protection and fire wall improvements shall comply with the requirements of City's Building and Safety Department. 3. When the precise plan for the Parcel Map 31515 was originally approved, construction plans were submitted illustrating grading to accommodate the existing development and provide for adequate drainage and flood control systems. The approval of the proposed new lot line would not modify the existing drainage and flood control systems. PLANNING COMMISSION RESOLUTION NO. 4. The design of the parcel map subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property in that the site has been approved by the city for residential development. All existing public utility easements on the property, if any, would be reserved. There are no known public easements traversing the subject site that would be affected by the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the Planning Commission does hereby grant approval of Tentative Parcel Map 35741 (Exhibit "A"), and; 2. That the above recitations are true and correct and constitute the findings of the Commission in this case. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission SONIA CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TPM 35741 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. Construction of a portion of said project shall commence within two years from the date of final approval unless an extension of time is granted; otherwise said parcel map approval shall become null, void and of no effect whatsoever. Construction documents must be submitted for review and approval with the Department of Building and Safety and permits must be issued within 180 days from the date of the building permit application, December 27, 2007. 3. The existing archway sign connecting Buildings 2A and 2B shall be the only above ground improvement connecting these two buildings. No other archways or other improvements which cross over the property line dividing Parcel 1 and 2 of Parcel Map 35741, nor any replacement of or modifications to the archway sign are permitted without the prior approval of the Planning and Building and Safety Departments. Prior to recordation of the parcel map, applicant shall record a reciprocal maintenance agreement, in form acceptable to the City Attorney that requires both parcels to cooperate in the maintenance of the archway sign 4. 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. 5. Applicant agrees to maintain the existing landscaping installed pursuant to these conditions. Applicant shall enter into an agreement or revise an existing agreement through a property owners' association 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. 6. All conditions of approval shall be recorded with the Riverside County Clerk before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning 3 PLANNING COMMISSION RESOLUTION NO. Department of Building & Safety 1. A complete plot plan showing lot dimensions, setbacks, street names and width, location of existing buildings complete with their area, occupancy group and type of construction, distances between buildings, building address and number, parking layout, city county boundary line, zone change boundary line, location of all easements, highway dedication, street centerline, area separation walls, sewers existing, cesspools and septic tanks and sewage disposal system is required. 2. Where areas of exterior wall and opening protection changes, these areas must be addressed in detail (i.e., fire resistive construction, percentage of openings, etc.) 3. Where multiple buildings are concerned the utilities, water meters and sewers must be located on the property of the building served, unless an easement is recorded (i.e. sewer laterals, must not be located on an adjacent property). Department of Public Works: 1. Complete parcel map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to issuance of any permits. 2. All underlying conditions from subject precise plans shall apply to parcel map. 3. The map shall record a reciprocal easement for parking, access, drainage, and use of trash enclosure as applicable. Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or any 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. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required Fire flow prior to obtaining building permits. 4 CIJY Of Hill DESERT 73-510 FREn WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 341-7098 info@palm-dcser,-org CITY OF PALM DESERT LEGAL NOTICE CASE NO. TPM 35741 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by The Evans Company for approval of a Tentative Parcel Map to subdivide a 5.3 acre parcel (Parcel 2 of P.M. 31515) into two parcels approximately 2.64 and 2.65 acres in area for a property located on the southwest corner of Gerald Ford Drive and Cook Street at 36891 Cook Street. SAID public hearing will be held on January 15, 2008, at 6:00 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 conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming 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 Planning Commission at, or prior to, the public hearing. PUBUSH: Desert Sun January 2, 2008 LAURI AYLAIAN, Secretary Palm Desert Planning Commission