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Case No. MP/PP 01-16, TPM 30226 Amendment 2 - Redevelopment Agency, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 2089 REMOVING PORTIONS OF DEPARTMENT OF PUBLIC WORKS CONDITIONS NUMBER THREE AND NINE, REFERENCING A PROPOSED TRAFFIC SIGNAL AT El PASEO AND PAINTERS PATH REQUIRING A $150,000 FEE IN LIEU OF CONSTRUCTION SUBMITTED BY: Missy Grisa, Assistant Planner APPLICANT: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, CA 92260 DATE: March 16, 2010 CASE NO: MP/PP 01-16, TPM 30226 CONTENTS: Draft Resolution Legal Notice Redevelopment Request for Removal of Condition Planning Commission Resolution 2089 Recommendation That the Planning Commission adopt Planning Commission Resolution No. amending Resolution No. 2089 by removing portions of the Department of Public Works Conditions Number Three and Nine, which required a cash payment of $150,000 in-lieu of construction for a proposed traffic signal at the intersection of El Paseo and Painters Path. Executive Summary In September 2001, the Planning Commission approved a resolution allowing a master plan of development and precise plan to develop 11.96 acres located at the southwest corner of Highway 111 and El Paseo, including 9,000 square feet of office use, two 8,000 square foot restaurants, a memorial garden, and tentative parcel map to allow the subdivision of the parcel into 12 individual lots, now commonly referred to as Entrada del Paseo.A condition was placed upon this project for a traffic signal at the intersection of El Paseo and Painters Path,which has proved unnecessary.The Palm Desert Redevelopment Agency, as applicant, would like to recover the $150,000 in-lieu of construction fee for this traffic signal. Background Upon project approval of the subject case, conditions of approval were provided from the required city departments. Public Works required the following condition: Staff Report Resolution 2089 Amendment Page 2 of 2 March 16, 2010 The project shall provide cash payment in the amount of $150,000 in-lieu of construction for the proposed traffic signal at the intersection of El Paseo and Painters Path. If construction of the proposed traffic signal is not commenced within 10 years of certificate of occupancy of the fourth and final building on this site; and upon written request, these funds shall be refunded to the applicant. To date, four buildings have been built on-site, and one pad remains undeveloped. It is undetermined at this time what will be built upon the last pad. Based on the small size of the pad, staff does not anticipate large volumes of traffic and has determined a traffic signal at Painters Path and El Paseo is not necessary. Currently the two restaurants,the Henderson Community Building, and the Palm Desert Visitors Center have not reported traffic issues at this intersection.Ten years have not expired, but the Director of Public Works, at the request of the Redevelopment Manager, has determined that this condition may be removed from Planning Commission Resolution 2089 upon Planning Commission approval. The Director of Public Works has determined that the full scope of traffic impact associated with this site is known at this time.The traffic signal is not needed now and will never be needed due to this development. Fiscal Analysis There is no fiscal impact to the City for adoption of the amendments to Planning Commission Resolution No. 2089 removing the conditions requiring a cash payment of $150,000 in-lieu of construction for a proposed traffic signal at the intersection of El Paseo and Painters Path. Submitted by: Department Head: Mi Grisa Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Missy Grisa\Misc\Resolution 2089 Amenment\Staff Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 2089 BY REMOVING PORTIONS OF DEPARTMENT OF PUBLIC WORKS CONDITIONS NUMBER THREE AND NINE, REFERENCING A PROPOSED TRAFFIC SIGNAL AT EL PASEO AND PAINTERS PATH AND THE $150,000 FEE IN-LIEU OF CONSTRUCTION. CASE NOS. MP/PP 01-16, TPM 30226 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of March 2010, hold a duly noticed public hearing to consider a request by the PALM DESERT REDEVELOPMENT AGENCY for approval to remove portions of Public Works Conditions Number Three and Nine referencing, a proposed traffic signal at El Paseo and Painters Path and the $150,000 fee in-lieu of construction; 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. 06-78," in that the Director of Community Development has determined that the request is not a project under CEQA; 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 approve said request: 1. The conditions referencing the $150,000 in lieu of construction fee state that if, construction of the traffic signal has not commenced within 10 years of the certificate of occupancy of the fourth and final building, the funds will be returned to the applicant upon written request. The fourth building has been built and received a certificate of occupancy. 2. The Director of Public Works has determined that the traffic signal in this location will not be necessary based on current and projected traffic volumes from the associated development, despite the 10 year time period condition. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby amend Resolution No. 2089 removing portions of Department of Public Works Conditions Number Three and Nine, referencing a proposed traffic signal at El Paseo and Painters Path and the $150,000 fee in-lieu of construction. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of March 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M.CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. MP/PP 01-16, TPM 30226 Amendment #2 Department of Public Works: 1. All other conditions of approval from Planning Commission Resolution No. 2089 shall remain in effect. 3 CiIY OF P � � 1 EE ,�r�'!+� 73-5,0 f'Rl•DD WARIM, DRIAI ' j ,),A,,, DI [iRI.CAI 1101ZNIA 92260—2578 ti� Iii ` TEL:76o 346—o611 .4' IAX:760 341-7098 t`V?�. inioC'p.d m-dcsr rt org CITY OF PALM DESERT , LEGAL NOTICE CASE NOS. MP/PP 01-16,TPM 30226 AMENDMENT#2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the Palm Desert Redevelopment Agency amending Planning Commission Resolution No. 2089 removing portions of Department of Public Works Conditions Number Three and Nine, which required a cash payment of $150,000 in-lieu of construction for the proposed traffic signal at the intersection of El Paseo and Painters Path. a ii 4% APN 640330004 O Z. 0 Housed 44495 444111 4 ~ = 4PN.640140024 9.4 w Q Ilouse,72780 170010 � u � j _� APN'.640140024 4 0 3 House*.72760 APN:640370003 Ilouse4:0 ( APN:640370002 } 10 s House t 0 - 4 HAHN ROAD_ APN 640370004 APN.640370001 APN-.640140024 House*:0 Nvvsa4.0 Hous.72780 �' . 9y Q' APN 640140024 / ` y, ~RQ Housee 72760 APN:640370003 47 .O} Nouse N:72595 �v 77 ' AP......370009 'S,444 ROAD APN 640160017 p�'Nt // Hus oee.72605 I4. f�s py AT 'Cy..4Y s L: f AP N.640160018 Nouse4:0 SAID public hearing will be held on Tuesday, March 16, 2010 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 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 Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary March 5, 2010 Palm Desert Planning Commission PALM DESERT REDEVELOPMENT AGENCY rel 'ti. MEMORANDUM TO: MELISSA GRISA, ASSISTANT PLANNER FROM: MARTIN ALVAREZ, REDEVELOPMENT MANAGER DATE: FEBRUARY 19, 2010 SUBJECT: ENTRADA DEL PASEO RESOLUTION NO. 2089 The Redevelopment Agency requests an amendment to Planning Commission Resolution No. 2089. Specifically, the Agency requests the deletion of a portion of Public Works Condition No. 9 (see attached). The Redevelopment Agency has consulted with the Public Works Director, and confirmed that this condition is no longer required or applicable. If the Condition of Approval is removed, the Agency will seek reimbursement of the $150,000 deposit. Thank you for your consideration of this matter. If you have any questions, please feel free to contact me at your convenience. Attachment cc: John M. Wohlmuth, City Manager Justin McCarthy, Assistant City Manager for Redevelopment Mark Greenwood, P.E., Director of Public Works Paul Gibson, Director of Finance Lauri Aylaian, Director of Planning Veronica Tapia, Redevelopment Accountant G:VdalMartin Alvarez120101Memos\Bnlrada Del Paseo Res 2089.doc PLANNING COMMISSION RESOLUTION NO. 2089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MASTER PLAN OF DEVELOPOMENT AND A PRECISE PLAN TO 01.0 DEVELOPMENT OF 11.96 ACRES LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND EL PASEO INCLUDING 9,000 SQUARE FEET OF OFFICE USE, TWO 8,000 SQUARE FOOT RESTAURANTS, A MEMORIAL GARDEN AND TENTATIVE PARCEL MAP TO ALLOW THE SUBDIVISION OF THE PARCEL INTO 12 INDIVIDUAL LOTS. PROPERTY IS ALSO REFERRED TO AS PASEO ENTRADA AND A.P.N. 640-080-011. CASE NO. MP/PP 01-16, TPM 30226 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 2001, hold a duly noticed public hearing to a consider a request by the PALM DESERT REDEVELOPMENT AGENCY for the above mentioned; 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. 00-24," in that the Director of Community Development has determined that the project is fall within the scope of the approved 1989 EIR prepared for this site, also referred to as the Ahmanson Commercial Development Plan. No further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and Imo 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 granting approval of said master plan/precise plan and tentative tract map: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. FINDINGS FOR APPROVAL TENTATIVE PARCEL MAP: 1. That the proposed map is consistent with applicable general and specific plans. PLANNING COMMISSION RESOLUTION NO. 2089 2. That the design or improvements of the proposed rnap are consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. 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 approval of the Master Plan/Precise Plan 01-16 and Tentative Parcel Map 30226 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of September, 2001, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TSCHOPP, LOPEZ NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE J OPEZ, erson ATTEST: tiAt 0 ct PHILI DRELL, ecretary { Palm Desert Pla ning Commission t 2 PLANNING COMMISSION RESOLUTION NO. 2089 t... CONDITIONS OF APPROVAL CASE NOS. MP/PP 01-16, TPM 30226 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 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 Iwo following agencies: Coachella Valley Water District Palm Desert Architectural Review 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. Applicant shall provide a trash enclosure or area that meets that screen all trash bins from public view and meet the requirements of the City Trash Enclosure Ordinance. 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 in Section 25.58 of the zoning ordinance. tow 3 PLANNING COMMISSION RESOLUTION NO. 2089 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. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to architectural review commission submittal. 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. 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. 10. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF and School Mitigation fees. 11. The project's setbacks shall conform to standards in Section 25.25 of the City's Zoning Ordinance. 12. The applicant must receive approval of a separate precise plan for the design of the individual buildings. All building designs are subject to review and approval from the City's Architectural Review Commission. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Any drainage facilities construction required for 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 prior to start of construction. 3 Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this 4 PLANNING COMMISSION RESOLUTION NO. 2089 ir.• project. The costs associated with the modification of the existing signal system as well as the proposed signal at Painters Path/EI Paseo for this project may be used as a credit against the subject signalization fees. Such a credit shall be subject to approval by the Palm Desert City Council. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. 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 a grading permit. 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. Public improvements within the State Highway 111 right-of-way shall be subject to Caltrans review, approval and permit issuance. 7. 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 *sr approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscaping maintenance on the property frontages shall be provided by the property owner. 9. 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/State standards. Improvements shall include, but not be limited to the following: ► Construction of auxiliary acceleration/deceleration lane on Highway 111 with free right turn on to El Paseo, including traffic signal modification as necessary. Construct minimum 8' wide sidewalk on Highway 111. ► Widening of El Paseo to accommodate an auxiliary acceleration/deceleration lane between Highway 111 and Painters Path. Modification of raised median island on El Paseo between Highway 111 and Painters Path. Construct minimum 8' wide sidewalk on El Paseo. 5 PLANNING COMMISSION RESOLUTION NO. 2089 ► Construction of full improvements including curb, gutter, sidewalk, landscaping and asphalt paving on Painters Path, per the Proposed Street Plan and Proposed Street Section drawings by Interactive Design Corporation, dated June 5, 2001. Construct minimum 6' wide sidewalk on the south side of Painters Path. ► Modification of existing drainage systems as necessary to accommodate roadway improvements. ► Installation of sidewalk in an appropriate size and configuration together with full landscape improvements along all property frontages. ► The project shall provide cash payment in the amount of $150,000 in-lieu of construction for the proposed traffic signal at the intersection of El Paseo and Painters Path. If construction of the proposed traffic signal is not commenced within 10 years of certificate of occupancy of the fourth, and final, building on this site; and upon written request, these funds shall be refunded to the applicant. ► Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to the issuance of any permits associated with the project. In addition, those Project-Specific Traffic Mitigation Measures and Site Specific Project Improvements identified in the project Traffic Impact Analysis, dated February 15, 2001, (including all associated addenda) as approved by the Department of Public Works and Caltrans shall be considered as project conditions of approval. Where conflicts exist between these conditions and Traffic Impact Analysis, these conditions shall take precedence. 10. Project access locations on State Highway 111 and El Paseo shall be limited to right-turn ingress and egress. 11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues. 4 6 PLANNING COMMISSION RESOLUTION NO. 2089 +w.. 12. Traffic safety striping on El Paseo and Painters Path shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. Highway striping/signing shall be subject to Caltrans approval. 13. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works and/or Caltrans. 14. Proposed building pad elevations are subject to review and approval in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit for storm water discharges associated with construction activity. 16. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. wrr 17. Applicant shall comply with the provisions of Municipal Code Section 24.08, Transportation Demand Management. 18. The Traffic Impact Analysis Report for this project shall be submitted to Caltrans for review and approval prior to approval of any improvements on Highway 111. Riverside County 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, UFC, and UBC 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. Afire flow of 1500 gpm fora 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. taw PLANNING COMMISSION RESOLUTION NO. 2089 3. Provide or show there exists a water system capable of providing a gpm 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 feet nor more than: 150 feet 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. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. 7. 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 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 8. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 9. Install a fire alarm system as required by UBC Chapter 3. 10. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75 feet walking distance. A "K"type fire extinguisher is required in all commercial kitchens. 11. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 12. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet 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 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 8 PLANNING COMMISSION RESOLUTION NO. 2089 feet shall be provided with a minimum 45-foot radius turn-around, 55 foot in industrial developments. law 13. 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 inches with a minimum vertical clearance of 13'6". 14. All buildings shall have illuminated addresses of a size approved by the city. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal Office at 760-346-1870; 70-801 Hwy. 111, Rancho Mirage, CA 92270. roar taw