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HomeMy WebLinkAboutRes No 1873PLANNING COMMISSION RESOLUTION NO. 1873 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 COMMERCIAL CENTER CONTAINING UP TO 87,774 SQUARE FEET IN AREA, LOCATED ON 9.1 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. CASE NOS. GPA 97-6, C/Z 97-1 1, PP 97-12 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of May, 1998, hold a duly noticed public hearing which was continued to June 2 and July 7, 1998, to consider the request of F & M ASSOCIATES 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. 97-18," 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 objective 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. PLANNING COMMISSION RESOLUTION NO. 1873 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 Planning Commission does hereby recommend approval to the City Council of GPA 97-6 Exhibit "A", C/Z 97-1 1 Exhibit "B", PP 97-12 on file in the Department of Community Development, and a Negative Declaration of Environmental Impact Exhibit "C". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of July, 1998, by the following vote, to wit: AYES: BEATY, FERNANDEZ, JONATHAN, CAMPBELL NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Palm Desert PI Secretary nning Commission ''SONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1873 CONDITIONS OF APPROVAL CASE NO. PP 97-12 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. 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. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 PLANNING COMMISSION RESOLUTION NO. 1873 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. Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan based on 9.1 gross acres. 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. 10. 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. That the project provide the main access driveways from Monterey, Country Club and Via Scena to the east across the width of the project with stamped concrete or equivalent to the satisfaction of the Architectural Review Commission. 12. That there shall be no security or parking lot lighting mounted on the north, east or west wall of the supermarket building. Any lighting of the rear (north) driveway area shall be from wall packs mounted on the wall dividing the residential area from the commercial area. No Tight 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 lighting ordinance, Ordinance No. 642. 13. Delivery hours to the center shall be limited to 6:00 a.m. to 10:00 p.m. 14. Store hours for the center shall be limited to 6:00 a.m. to 12:00 a.m. (midnight) 7 days a week. 15. That the drive -through window at Say -On may provide 24-hour pharmaceutical service only. 16. That the loading dock area at the north side of the supermarket be enclosed with a truck tunnel which shall extend across the north side of the building and wrap around the east and west corners of the building. 4 PLANNING COMMISSION RESOLUTION NO. 1873 17. That all mitigation measures prescribed in the acoustical analysis prepared by Gordon Bricken and Associates, dated June 1, 1998 shall be conditions of this approval. 18. That pursuant to the request of the Merano residents and the applicant, F & M Associates, the City shall enforce all the conditions, restrictions and limitations contained in the May 26, 1998 letter from the Merano residents. Applicant to agree in writing to the special conditions. 19. That no building permit may be issued for the new supermarket until and unless the City approves an acceptable replacement tenant for the existing Lucky Supermarket at 73-101 Country Club Drive and suitable improvements to the Plaza de Monterey. 20. That Lucky (American Stores, Inc.) shall provide an irrevocable letter of credit in an amount two times that sufficient to guarantee that the proposed improvements (tenant improvements of the replacement tenant and upgrades to Plaza de Monterey) will be completed. Said letter of credit to be deposited in a form acceptable to the City Attorney prior to Lucky obtaining any certificate of occupancy for the new supermarket. Said letter of credit to be released by the City upon opening for business by the replacement tenant. 21. That prior to the City issuing any Certificate of Occupancy for the new Lucky Supermarket the building permit for the improvements at Plaza de Monterey (tenant improvements and center upgrades) shall be issued. 22. That the applicant shall enter into an agreement with the City stating that it is the intent of the applicant that the replacement tenant at the existing Lucky Store will be open for regular business no later than 180 days after issuance by the City of any Certificate of Occupancy for the new Lucky Supermarket on the northeast corner of Country Club and Monterey. In order to assure the City that the replacement tenant will in fact be open within 180 days of the issuance of any Certificate of Occupancy the applicant agrees to pay to the City a penalty of $500 per day for each day that the replacement tenant is not open for regular business beginning on the 181 st day after issuance of any Certificate of Occupancy by the City. Planning Commission may grant an extension of time to the 180-day stipulation if there is a showing of good faith progress by the applicant. City may use the letter of credit required in condition 20 above to collect said penalty. 5 PLANNING COMMISSION RESOLUTION NO. 1873 If the replacement tenant is not open for regular business as of 270 days after issuance of any Certificate of Occupancy for the new Lucky Supermarket the City may as a penalty draw on the entire letter of credit. Department of Public Works: 1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. The costs associated with the installation of a traffic signal system for this project may be used as a credit against the subject signalization fees. Any such a credit would be subject to the approval of the Palm Desert City Council. 2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 3. 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. 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. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. 7. In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscape median island in 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. 6 PLANNING COMMISSION RESOLUTION NO. 1873 8. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 9. 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. 10. The northerly project access on Monterey Avenue shall be limited to right -turn ingress and egress and left -turn ingress only. The southerly Monterey Avenue access and the Country Club Drive project access shall be limited to right -turn ingress and egress only. 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. 12. 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 Circulation Network. Specific project related offsite improvements shall include, but not be limited to the following: Construction of transit facilities in accordance with Sunline Transit Agency specifications. * Installation of a traffic signal at the Country Club Drive/Via Scena intersection. Construction of meandering sidewalk in an appropriate size and configuration along the Country Club Drive and Monterey Avenue property frontages. * Financial contribution, subject to City Council approval, toward the construction of dedicated right -turn lane for north bound Monterey Avenue at Country Club Drive in an amount not to exceed $40,000.00. 13. Traffic safety striping on Monterey Avenue and Country Club 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. 7 PLANNING COMMISSION RESOLUTION NO. 1873 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Pam Desert Municipal Code. 15. The project design shall provide for the conveyance of offsite storm flows from the property to the north through the site into the existing retention basin located at the northeast corner of Country Club Drive and Via Scena. Stormwater runoff associated with the increase in developed vs. drainage easements as may be necessary for the construction of required storm drain facilities shall be provided prior to the issuance of any permits associated with this project. 16. 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. 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 Codes, appropriate NFPA standards, CFC, CBC, 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 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 structure. 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 fire hydrant(s) (6"x4"x2-1 /2"x2- 1 /2") located not less than 25' or more than 150 feet 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. 8 PLANNING COMMISSION RESOLUTION NO. 1873 5. 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. 6. Comply with Title 24 of the California Code of Regulations for all occupancies. 7. 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 3,000 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. 8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 9. 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 10. 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)) 1 1 . Install portable fire extinguishers per NFPA 10, but not less than 2A1 OBC 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. 12. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 9 PLANNING COMMISSION RESOLUTION NO. 1873 13. 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 Tess 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. 14. 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 even 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". 15. A dead end single access over 50' 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. 16. Commercial buildings shall have illuminated addresses of a size approved by the City. 17. 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. 18. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 10 7 RANCHO WRAC 1 1 IMAM REA TO BE REDESIGNATED IIN THE LAND USE ELEMENT IFROM MEDIUM DENSITY RESIDENTIAL 0 DISTRICT COt•1tIERCIAL COUNYV Oi ntV USIOE P.C.—(2) • • R 2 8,0 (8) O Lo ntr .R.— A.H. Club Drive P.R.-5 [14 a J1 LEY LA r • •!SILVER 2; SANDSjL I, i� '',;R',ACOUECLUB � ;1 \`P.R.-4? CITY OF PALM DESERT Case No. GPA 97-6 MnO A PLANNING COMMISSIO` RESOLUTION NO. 1873 Date JULY 7. 1998 T — — AREA TO BE REZONED FROI.1 PR-7 TO PC-2 COVMrr OF RIVER IDE MQVL r LANE WE r iIf' �: t ve � Its 1/ I per,...;, !SR SANDSILVE • RACOUBI CLUB `,'P .R=4 CITY OF PALM DESERT Case No. C/Z 97-11 PLANNING COMMISSIO Chang® OO g Z©ns -nal[lE117 B RESOLUTION NO.1873 Date JULY 7, 1998 `.. PLANNING COMMISSION RESOLUTION NO. 1873 EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 97-6, C/Z 97-1 1, PP 97-12 APPLICANT/PROJECT SPONSOR: F & M Associates 2041 San Remo Drive Laguna Beach, CA 92651 PROJECT DESCRIPTION/LOCATION: A General Plan Amendment and Change of Zone from Medium Density Residential (PR-7) to PC-2 (District Commercial) on 9.1 acres with a Precise Plan of Design allowing for up to 87,774 square feet of neighborhood center at the northeast corner of Country Club Drive and Monterey Avenue. 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. 1998 PHILIP DRELL DAT DIRECTOR OF COMMUNITY DEVELOPMENT /tm 13