HomeMy WebLinkAboutA. 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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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