HomeMy WebLinkAboutRes No 1591PLANNING COMMISSION RESOLUTION NO. 1591
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE
PLAN OF DESIGN FOR A RETAIL/COMMERCIAL CENTER
INCLUDING A SUPERMARKET AND MOVIE THEATER FOR A
25.7 +/- ACRE SITE AT THE NORTHWEST CORNER OF
COUNTRY CLUB DRIVE AND COOK STREET.
CASE NO. PP 92-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 15th day of September, 1992, hold a duly noticed
public hearing which was continued to October 6 and 20, 1992, to
consider the request of COOK PARTNERS LIMITED PARTNERSHIP for the above
mentioned 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. 80-89," in that the director
of community development has determined that the project will not have
a significant impact on the environmental 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 to
justify its actions, as described below:
1. The design of the precise plan will not substantially
depreciate property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use
or enjoyment of 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.
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 Negative Declaration of Environmental Impact Exhibit
"A" attached is hereby recommended to the city council for
certification.
3. That Precise Plan PP 92-6 on file in the department of
community development is hereby recommended to the city
council for approval, subject to conditions (Exhibit "B").
PLANNING COMMISSION RESOLUTION NO. 1591
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 20th day of October, 1992, by
the following vote, to wit:
AYES: DOWNS, JONATHAN, WHITE, WHITLOCK, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAMON A. DIAZ,l7
eceary
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PLANNING COMMISSION RESOLUTION NO. 1591
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NO: PP 92-6
APPLICANT/PROJECT SPONSOR:
Cook Partners Limited Partnership
110 W. Las Tunas Drive, Suite B
San Gabriel, CA 91776
PROJECT DESCRIPTION/LOCATION: Precise plan of design for a retail
center for property at the northwest corner of Country Club Drive and
Cook Street.
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.
+g1OW'' October 20, 1992
RA. DIAZ DATE
DIRECTOR OF COMMUN4Y DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 1591
EXHIBIT B
CONDITIONS OF APPROVAL
CASE NO. PP 92-6
Department of Community Development/Planning:
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. 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.
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4. Prior to issuance of a building permit for construction of any use
contemplated by this approval, the applicant shall first obtain ..r
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 fee per Ordinance No.
473.
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PLANNING COMMISSION RESOLUTION NO. 1591
7. 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).
8. That the landscaping in the parking lot comply with the provisions
of the Master Parking Lot Tree Plan.
9. That a light plan shall be required confirming compliance with the
city's parking lot lighting restrictions.
10. Delivery hours to the Ralph's supermarket as well as the rest of
the center shall be limited to 6:00 a.m. to 10:00 p.m.
11. Store hours for the Ralph's market shall be limited to 6:00 a.m.
to 12:00 p.m. (midnight) 7 days a week. Other businesses in the
center shall also be limited to the same hours delineated above.
12. That the day care center building be turned so that the building
will act as a wind screen for the outside play area.
13. That the building colors will be consistent with those shown on
the material sample board and as approved by the architectural
review commission.
14. That all restaurants on the site shall provide an effective means
of odor control from cooking units satisfactory to the Director of
Community Development/Planning prior to issuance of building
permit.
15. That the site plan be revised to provide parking in compliance
with the 5.5/1000 requirement without benefit of reduction.
16. That all signs on site be approved by the architectural review
commission and conform with ordinance requirements (i.e. maximum
height of wall sign 20 feet and two center identification signs).
17. That the grading and/or street plans provide for compliance with
Sunline comments.
18. Applicant and/or their successor shall pay all city fees in effect
when building permits for this development's project are issued.
19. Payment of fringe -toed lizard mitigation fee ($600/acre).
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
PLANNING COMMISSION RESOLUTION NO. 1591
issuance of any permits associated with this project or
recordation of the parcel map, whichever occurs first.
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 project.
4. 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 to be
approved by the public works department and a surety posted to
guarantee the installation of required offsite improvements prior
to permit issuance.
5. 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.
6. Landscaping maintenance on the property frontage shall be provided
by the property owner.
7. 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. Improvements shall
include, but not be limited to the following:
* Construction of full width deceleration/acceleration
lanes for all project entry points along both Cook
Street and Country Club Drive, including existing and
proposed roadway intersections.
* Construction of left turn bay on eastbound Country Club
Drive at Desert Springs Drive.
* Provisions for the conversion of the existing 3-way
traffic signal at the intersection of Country Club Drive
and Desert Springs Drive to a 4-way configuration.
* Construction of perimeter sidewalk in an appropriate
size and configuration along all property frontages.
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PLANNING COMMISSION RESOLUTION NO. 1591
* Construction of bus bay in accordance with Sunline
Transit Agency specifications.
* Dedication of any right-of-way required to accommodate
these improvements shall be provided prior to the
issuance of any permits associated with this project.
In addition to the above noted items, those traffic mitigation
measures identified in the project Traffic Impact Study prepared
by Weston Pringle & Associates shall be provided. The subject
report and proposed mitigation measures shall be approved by the
public works department.
8. Project access shall be limited to right -turn ingress and egress
for the Country Club Drive entry and the most southerly Cook
Street entry. The northerly Cook Street access may include left -
turn ingress in addition to right -turn ingress and egress.
9. In accordance with City of Palm Desert Reimbursement Agreement No.
00-221, payment for the construction of one-half of the existing
landscaped median island and associated street improvements in
Country Club Drive shall be provided prior to the issuance of any
permits associated with this project. In addition, applicant
shall provide for the reimbursement of costs associated with the
installation of existing landscaped median island in Cook Street.
10. 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.
11. Traffic safety striping on Cook Street, Country Club Drive, Desert
Springs Drive and the proposed east/west connector street 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.
12. 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.
13. Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
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PLANNING COMMISSION RESOLUTION NO. 1591
14. A complete preliminary soils investigation, conducted by a a*
registered soils engineer, shall be submitted to, and approved by,
the department of public works prior to the issuance of a grading
permit.
15. Applicant shall agree to participate in the proposed City of Palm
Desert Cook Street Assessment District to the extent determined by
proceedings of the City of Palm Desert.
16. The proposed storm water retention areas shall be designed to
retain stormwaters associated with the increase in developed vs.
undeveloped condition for a 25 year storm. In addition, the
project shall provide for interim storm water retention for a 100
year storm until such time as the installation of a master plan
storm drain system to serve the subject property.
17. Waiver of access to Country Club Drive, Cook Street, Desert
Springs Drive and the proposed east/west connector street except
at approved locations shall be granted on the parcel map.
18. 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 (Permit # CAS 000002) for storm water
discharges associated with construction activity.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above
referenced plan check, the Fire Department recommends the
following fire protection measures be provided in accordance with
City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire
Protection Standards:
The fire department is required to set a minimum fire flow for the
remodel or construction of all commercial buildings per Uniform
Fire Code Sec. 10.301C.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible
material is placed on the job site.
3. Provide, or show there exists a water system capable of providing
a potential gallon per minute flow of 1500 for single family, 2500
for multifamily, and 3000 for commercial. The actual fire flow
available from any one hydrant connected to any given water main
shall be 1500 gpm for two hours duration a 20 psi residual
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PLANNING COMMISSION RESOLUTION NO. 1591
operating pressure. 1500 gpm is all buildings are fire
sprinklered.
4. The required fire flow shall be available from a Super hydrant(s)
(6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more
than 200' single family, 165' multifamily, and 150' commercial
from any portion of the building(s) as measured along approved
vehicular travelways. Hydrants installed below 3000' elevation
shall be of the "wet barrel" type.
5. A combination of on -site and off -site Super fire hydrants (6" x 4"
x 2-1/2" x 2-1/2") will be required, located not less than 25' or
more than 200' single family, 165' multifamily, and 150'
commercial from any portion of the building(s) as measured along
approved vehicular travelways. The required fire flow shall be
available from any adjacent hydrant(s) in the system.
6. Provide written certification from the appropriate water company
having jurisdiction that hydrant(s) will be installed and will
produce the required fire flow, or arrange field inspection by the
fire department prior to request for final inspection.
7. Prior to the application for a building permit, the developer
shall furnish the original and two copies of the water system plan
to the County Fire Department for review. No building permit
shall be issued until the water system plan has been approved by
the County Fire Chief. Upon approval, the original will be
returned. One copy will be sent to the responsible inspecting
authority.
Plans shall conform to fire hydrant types, location and spacing,
and the system shall meet the fire flow requirements. Plans shall
be signed by a Registered Civic Engineer and may be signed by the
local water company with the following certification: "I certify
that the design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire Department."
"System has been designed to provide a minimum gallon per minute
flow of 1500, 2500, 3000."
8. The required fire flow may be adjusted at a later point in the
permit process to reflect changes in design, construction type,
area separations, or built-in fire protection measures such as a
fully fire sprinklered building. (Only if all buildings are
sprinklered including C & E).
9. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
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PLANNING COMMISSION RESOLUTION NO. 1591
10. Install a complete fire sprinkler system per NFPA 13. The post ore
indicator valve and fire department connection shall be located to
the front, not less than 25' from the building and within 50' of
an approved hydrant. This applies to all buildings with 3000
square feet or more building area as measured by the building
footprint, including overhangs which are sprinklered per NFPA 13.
The building area of additional floors is added in for a
cumulative total. Exempted are one and two family dwellings.
Consider building C & E for reduced fire flow as in Item #8. May
include all trellis shade structure.
11. Install a fire alarm (water flow) as required by the Uniform
Building Code 3803 for sprinkler system. Install tamper alarms on
all supply and control valves for sprinkler systems.
12. Certain designated areas will be required to be maintained as fire
lanes and shall be clearly marked by painting and/or signs
approved by the fire marshal.
13. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum requirement is UL central
station monitoring of sprinkler system per NFPA 71 and 72. Alarm
plans are required for all UL central station monitored systems,
systems where any interior devices are required or used. (U.F.C.
14-103(a))
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but
not less than 2A10BC in rating. Fire extinguishers must not be
over 75' walking distance. In addition to the above, a 40BC fire
extinguisher is required for commercial kitchens. (Restaurants)
15. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to, deep
fryers, grills, charbroilers or other appliances which produce
grease laden vapors or smoke. NFPA 96, 17, 17a. (Restaurants)
16. Install a dust collecting system as per the Uniform Building Code,
Section 910a and Uniform Fire Code Section 76.102, if conducting
an operation that produces airborne particles. A carpenter or
woodworking shop is considered one of several industrial processes
requiring dust collection. Unknown tenants.
17. 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 not be less than 24' of
unobstructed width and 13'6" of vertical clearance. Where
parallel parking is allowed, the roadway shall be 36' wide with
parking on both sides, 32' wide with parking on one side. Dead-
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PLANNING COMMISSION RESOLUTION NO. 1591
end roads in excess of 150' shall be provided with a minimum 45'
radius turn -around (55' in industrial developments). Fountains or
garden islands placed in the middle of these turn-arounds shall
not exceed a 5' radius or 10' diameter. City standards may be
more restrictive.
18. Whenever access into private property is controlled through use of
gates, barriers, guard houses or similar means, provision shall be
made to facilitate access by emergency vehicles in a manner
approved by the fire department. All controlled access devices
that are power operated shall have a Knox Box over -ride system
capable of opening the gate when activated by a special key
located in emergency vehicles. Devices shall be equipped with
backup power facilities to operate in the event of power failure.
All controlled access devices that are not power operated shall
also be approved by the fire department. Minimum opening width
shall be 16' with a minimum vertical clearance of 13'6".
19. A dead end single access over 500' in length will require a
secondary access, sprinklers or other mitigative measure approved
by the fire marshal. Under no circumstances shall a single dead
end access over 1300 feet be accepted. OK with five points of
access.
20. A second access is required. This can be accomplished by two main
access points from main roadway or an emergency gated access into
an adjoining development. OK with five points of access.
21. Contact the fire department for a final inspection prior to
occupancy.
22. This project may require licensing and/or review by State
agencies. Applicant should prepare a letter of intent detailing
the proposed usage to facilitate case review. Contact should be
made with the Office of the State Fire Marshal (818-960-6441) for
an opinion and a classification of occupancy type. This
information and a copy of the letter of intent should be submitted
to the fire department so that proper requirements may be
specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
23. Commercial buildings shall have illuminated addresses of a size
approved by the city.
24. All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior to
construction. Subcontractors should contact the fire marshal's
office for submittal requirements.
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PLANNING COMMISSION RESOLUTION NO. 1591
25. Conditions subject to change with adoption of new codes, wi
ordinances, laws, or when building permits are not obtained within
12 months.
OTHER:
1. Civil engineer to schedule meeting with fire marshal to
resolve/correct fire department access problems for buildings M,
N, Q, P R, S, T, U, V. Minor curb radius adjustments needed on
interior driveways.
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