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HomeMy WebLinkAboutRes No 1695PLANNING COMMISSION RESOLUTION NO. 1695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND TENTATIVE PARCEL MAP TO ALLOW CONSTRUCTION OF A 135,600 SQUARE FOOT RETAIL CENTER AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE IN THE PC(3) ZONE. CASE NOS. PP 95-3 and PM 28196 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of June, 1995, hold a duly noticed public hearing to consider the request of MONTEREY CENTRE, INC., for approval of the above; 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 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 granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements 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. 4. That the proposed map is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. 8. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. PLANNING COMMISSION RESOLUTION NO. 1695 9. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 10. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 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 Precise Plan 95-3 and Parcel Map 28196 are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of June, 1995, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, WHITLOCK, BEATY NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE PAUL BEATY, Vice Chaerson ATTEST: PHIL DRELL, Acting Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1695 CONDITIONS OF APPROVAL CASE NOS. PP 95-3 AND PM 28196 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. 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. Recordation of the parcel map shall occur within two years 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. 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 Palm Desert Water & Services District Sunline Transit Agency 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. 6. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 7. The applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance 3 PLANNING COMMISSION RESOLUTION NO. 1695 No. 612, said enclosure subject to approval of Environmental Conservation Manager. 8. An organized recycling program shall be implemented in the center with required tenant participation as a condition of lease. 9. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 10. 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. 11. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 12. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 13. 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. 14. 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, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 15. The project shall be limited to a maximum of 5000 square feet of restaurant area. 16. Parcel map shall not include parcel 7. Parcel 7 shall be subject to a street right-of-way vacation process when the Monterey Avenue realignment occurs and the property becomes available. Applicant shall apply for, and the city shall process, the subject street vacation. Upon completion of the vacation process, the applicant shall provide parking improvements as indicated in the precise plan. 4 PLANNING COMMISSION RESOLUTION NO. 1695 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 parcel map or issuance of grading permits. 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 or the recordation of the parcel map. 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. Applicant shall comply with the provisions of Municipal Code Section 24.08, Transportation Demand Management. 6. 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. 7. Complete parcel 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. 8. 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. 9. 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 PLANNING COMMISSION RESOLUTION NO. 1695 10. 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 any permits associated with this project. 11. In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Dinah Shore Drive (Tamarisk Row Drive) shall be provided. Landscape shall be water efficient in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. Landscaping maintenance for the required Dinah Shore Drive median island shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district or annexation into existing maintenance district. 12. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided by the developer. 13. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control. 14. The westerly project access location on Dinah Shore Drive (Tamarisk Row Drive) 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. Waiver of access rights to Dinah Shore Drive (Tamarisk Row Drive) and Monterey Avenue except at approved locations shall be granted on the parcel map. 17. 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. The applicant is granted an extension to June 1, 2000 to meet the undergrounding requirement as set forth above. 18. 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 and the city's 6 PLANNING COMMISSION RESOLUTION NO. 1695 Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to the following: * Construction/reconstruction of curb, gutter and paving as well as sidewalk in an appropriate size and configuration along Dinah Shore Drive (Tamarisk Row Drive) and Monterey Avenue with consideration of expanded intersection improvements for the existing signalized intersection. * Construction of acceleration/deceleration lanes for the project entries. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the parcel map. 19. Traffic safety striping on Dinah Shore Drive (Tamarisk Row Drive) 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. 20. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 21. Applicant shall agree to participate in the proposed Monterey Avenue and I-10 Interchange benefit assessment/roads and bridges benefit district to the extent determined appropriate. This condition shall not supersede previous agreements on this subject. 22. 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 activity. 23. The proposed storm water retention areas shall be designed to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 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, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. 7 PLANNING COMMISSION RESOLUTION NO. 1695 The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structures. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 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 150' from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. 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 150' from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. 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 for a field inspection by the fire department prior to scheduling for a 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 civil engineer or 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. The system has been designed to provide a minimum flow of 3000 8 PLANNING COMMISSION RESOLUTION NO. 1695 gallons per minute." (Refer to min. flow requirement(s) noted in item #3) 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. 9. Comply with Title 24 of the California Code of Regulations, 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 of the building, not less than 25' from the building and within 50' of an approved Super 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 as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 11. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for fire sprinkler system(s). Install supervisory (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 as approved by the fire marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: a) No Parking Fire Lane - PDMC 15.16.090. 13. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103(a)) 14. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. 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 9 PLANNING COMMISSION RESOLUTION NO. 1695 fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 16. Install a dust collecting system as per the California Building Code, Sec. 910 and California Fire Code, Art. 76, if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. 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 be not 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. 18. Contact the fire department for a final inspection prior to occupancy. 19. Commercial buildings shall have illuminated addresses of a size approved by the city. 20. 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. 21. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 10 PLANNING COMMISSION RESOLUTION NO. 1695 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: PP 95-3, PM 28196 APPLICANT/PROJECT SPONSOR: Monterey Centre, Inc. 41-557 Armanac Court Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 135,600 square foot retail center at the northeast corner of Monterey Avenue and Dinah Shore Drive in the PC(3) zone. 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. *am Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. June 20, 1995 PHIL DRE L DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 11