HomeMy WebLinkAboutRes No 1653PLANNING COMMISSION RESOLUTION NO. 1653
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT,
CHANGE OF ZONE FROM MEDIUM DENSITY (PR-7) TO
DISTRICT PLANNED COMMERCIAL (PC-2), PRECISE PLAN,
AND MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR A RETAIL/RESTAURANT
COMMERCIAL CENTER UP TO 86,220 SQUARE FEET IN
AREA, LOCATED ON 9.1 ACRES AT THE NORTHEAST CORNER
OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE.
CASE NOS. GPA 93-4, C/Z 93-4, PP 93-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of May, 1994, hold a duly noticed
public hearing which was continued to June 21, 1994, to consider the
request of ROBERT L. MAYER TRUST for approval of the above described
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 as mitigated
will not have a significant impact on the environment 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 and
reasons to exist to justify its actions, as described below:
General Plan Amendment/Change of Zone
1. District Commercial designation at the proposed location is
consistent with the General Plan policy of providing
convenient neighborhood commercial services at major arterial
intersections.
2. The site provides for adequate design buffers to insure
compatibility with adjacent land uses.
Precise Plan
1. The design of the project is consistent with the goals and
objectives of the PC-2 zone and the amended Palm Desert
General Plan.
2. As conditioned, the project will be compatible with adjacent
uses and will not depreciate property values in the vicinity.
3. The precise plan will not endanger the public health, safety
or general welfare.
PLANNING COMMISSION RESOLUTION NO. 1653
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Imo
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 planning commission does hereby recommend approval
to the city council of GPA 93-4 Exhibit "A", C/Z 93-4 Exhibit
"B", and Precise Plan 93-6 on file in the department of
community development/planning, and a Declaration of
Environmental Impact Exhibit "C".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 21st day of June, 1994, by the
following vote, to wit:
AYES: BEATY, WHITLOCK, SPIEGEL
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
01,0461f)d
RAMON A. DIAZ, ary
___Z-1.5',a.,
ROBERT A. SPIEGEL
Palm Desert PlanniCommission
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PLANNING COMMISSION RESOLUTION NO. 1653
CONDITIONS OF APPROVAL
CASE NO. PP 93-6
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the department of community
development/planning, as modified by the following conditions.
2. 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.
4. prior to issuance of a building permit for construction of any use
contemplated by this approval, the applicant shall first obtain
permits and/or clearance from the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
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 and shall be designed so as not
to be visible from Country Club Drive or Monterey Avenue.
6. Project is subject to Art in Public Places fee per Ordinance No.
473.
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).
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PLANNING COMMISSION RESOLUTION NO. 1653
8. Project shall be responsible for the following traffic mitigation Imo
as recommended per the Linscott, Law and Greenspan Traffic Impact
Report dated March 11, 1994:
i. All improvements recommended for the Country Club/Monterey
Avenue intersection.
ii. Proportional cost share of other impacted intersections as
described in the report. Project responsibility shall be
based upon refined intersection improvement estimates
including all costs approved by the City of Palm Desert.
iii. Full payment of TUMF.
9. Project shall pay mitigation fee of $600 per acre in conformance
with the Coachella Valley Fringe -Toed Lizard Habitat Conservation
Plan based on 40 gross acres.
10. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
an agreement to maintain said landscaping for the life of the
project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors
and assigns.
11. Applicant shall emphasize drought resistant and water conserving
plant materials and irrigation technologies into the landscape
plan. Parking lot shall conform to shade tree ordinance
requirements.
12. That the project provide the main access driveways from Monterey,
Country Club and the street to the east across the width of the
project with stamped concrete or equivalent to the satisfaction of
the architectural review commission.
13. That the applicant shall have prepared for city approval, a noise
impact analysis report prepared by a qualified acoustical engineer
identifying the noise impacts to be expected from the center and
their impacts on the residential units to the north, west and
east.
14. That the recommended noise mitigation measures resulting from the
noise impact analysis report shall become conditions of this
approval.
15. That there shall be no security or parking lot lighting mounted on
the north wall of the supermarket building. Any lighting of the
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PLANNING COMMISSION RESOLUTION NO. 1653
rear driveway area shall be from wall packs mounted on the
property line wall dividing the residential area from the
commercial area. No light shall exceed the height of the
perimeter wall. In addition, a parking lot lighting plan prepared
by a lighting engineer shall be required confirming compliance
with the city's parking lot lighting restrictions.
16. Delivery hours to the center shall be limited to 6:00 a.m. to
10:00 p.m.
17. Store hours for the center shall be limited to 6:00 a.m. to 12:00
a.m. (midnight) 7 days a week.
18. That the perimeter driveway behind the buildings shall have speed
bumps installed at 100-150 foot intervals.
19. Albertson's elevations shall be modified pursuant to the comments
of commission to the satisfaction of staff/architectural review
commission.
20. The applicant shall install all street improvements adjacent to
both the proposed commercial and residential development prior to
the issuance of a certificate of occupancy within the commercial
portion.
Department of Building and Safety:
1. All new and existing overhead electrical distribution lines,
telephones, cable antenna television and similar service wires or
cables, which are adjacent to the property being developed, shall
be installed underground as part of development from the nearest
existing pole not on the property being developed per Palm Desert
Municipal Code Section 25.56.110. The developer or owner is
responsible for complying with these requirements per Palm Desert
Municipal Code Section 25.56.130.
2. The applicant shall submit a digitized map in an ARC/INFO format
to include all property lines, utility lines, right of ways, and
building footprint outlines within the subdivision. The
subdivision boundaries shall be digitized format to current
industry standards.
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
recordation of the final map.
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PLANNING COMMISSION RESOLUTION NO. 1653
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. The subject study
shall include analysis of the upstream drainage conditions as they
impact this project.
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. The costs associated
with the installation of new traffic signal and modification of
existing signal systems for this project may be used as a credit
against the subject signalization fees. Such a credit would 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. Complete tract map shall be submitted as required by ordinance to __
the Director of Public Works for checking and approval prior to
the issuance of any permits.
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 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. 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.
9. In accordance with the Circulation Network of the Palm Desert
General Plan, installation of one-half landscaped median island in
Country Club Drive and Monterey Avenue shall be provided.
Landscape shall be drought tolerant in nature. A cash payment in
lieu of actual installation may be submitted at the option of the
Director of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 1653
10. Landscape installation on the property frontages shall be drought
tolerant in nature and maintenance shall be provided by the
property owner. Landscaping maintenance for the proposed Country
Club Drive and Monterey Avenue median islands as well as the
proposed detention basin and tennis court areas shall be
provided through a landscape and lighting maintenance district.
Applicant shall be responsible for the formation of said district.
11. 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. In addition to the
above noted items, those traffic impact mitigation measures
identified in the project Traffic Impact Analysis prepared by
Linscott, Law & Greenspan shall be provided. The subject report
and proposed mitigation measures shall be approved by the Public
Works Department. Residential street sections shall be as shown
on the tentative tract map with a minimum width of thirty-six
feet. Rights -of -way as may be necessary for the construction of
required public improvements shall be provided on the Tract Map.
12. Applicant shall comply with the provisions of Municipal Code
Section 12.12, Fugitive Dust Control.
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.
14. The northerly two project access locations on Monterey Avenue
shall be limited to right -turn ingress and egress and left -turn
ingress only with the southerly access being restricted to right -
turn ingress and egress. The main Country Club Drive project
access shall include traffic signalization with no movement
restrictions. The secondary Country Club Drive access shall be
limited to right -turn ingress and egress only.
15. 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.
16. Traffic safety striping on Monterey Avenue, Country Club Drive and
the proposed residential streets 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.
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PLANNING COMMISSION RESOLUTION NO. 1653
17. Proposed building pad elevations are subject to review and __
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
18. Applicant shall agree to participate in the proposed City of Palm
Desert Monterey Street benefit assessment district to the extent
determined appropriate by proceedings of the City of Palm Desert.
19. As required under Sections 26.32 and 26.40 of the Palm Desert
Municipal Code, all existing overhead utilities shall be placed
underground per the respective utility district recommendation.
If determined to be unfeasible, applicant shall agree to
participate in any future undergrounding district.
20. Waiver of access rights to Country Club Drive and Monterey Avenue
except at approved locations shall be granted on the Tract Map.
21. 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 # CAS000002) for storm water
discharges associated with construction.
22. The proposed storm water detention 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 design shall provide for the acceptance of off -tract flows
from the property to the north. Storm flows associated with the
proposed commercial area shall be mitigated as part of the site
development of that area. Drainage easements as may be necessary
for the construction of required storm drain facilities shall be
provided of the Tract Map.
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.
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PLANNING COMMISSION RESOLUTION NO. 1653
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
operating pressure.
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 measure such as a
fully fire sprinklered building.
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PLANNING COMMISSION RESOLUTION NO. 1653
9. Comply with Title 24 of the California Code of Regulations, .rr
adopted January 1, 1990, for all occupancies.
10. Install a complete fire sprinkler system per NFPA 13. The post
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.
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)) May be required per type of occupancy classification.
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.
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.
16. 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-
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.
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PLANNING COMMISSION RESOLUTION NO. 1653
17. 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".
18. 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. *Cul-de-sac to north needs
emergency access from end of cul-de-sac into project.
19. Contact the fire department for a final inspection prior to
occupancy.
20. All new residences/dwellings are required to have illuminated
residential addresses meeting both city and fire department
approval. Shake shingle roofs are no longer permitted in the
cities of Indian Wells, Rancho Mirage or Palm Desert.
21. Commercial buildings shall have illuminated addresses of a size
approved by the city.
22. 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.
23. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
12 months.
OTHER:
1. Streets C-E-G require a 45' radius turn around.
2. All turning radiuses must be 31' inside, 52' outside radius.
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PLANNING COMMISSION RESOLUTION NO. 1653
EXHIBIT C lost
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NOS: GPA 93-4, C/Z 93-4, PP 93-6
APPLICANT/PROJECT SPONSOR:
Robert L. Mayer Trust
P.O. Box 8680
Newport Beach, CA 92656-8680
PROJECT DESCRIPTION/LOCATION: 40 acres at the northeast corner of
Monterey Avenue and Country Club Drive to be developed with up to 136
single family units and a 9.1 acre neighborhood commercial site
supporting approximately 89,970 square feet.
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. N/
Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
OW1060% • June 21, 1994
RAMON A. DIAZ DATE
DIRECTOR OF COMMUN DEVELOPMENT
SRS/tm
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