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HomeMy WebLinkAboutRes No 2040PLANNING COMMISSION RESOLUTION NO. 2040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM LOW -DENSITY RESIDENTIAL (R-1) TO DISTRICT COMMERCIAL AND A PRECISE PLAN OF DESIGN FOR A MIXED USE COMMERCIAL COMPLEX LOCATED ON 12 ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE. CASE NOS. GPA 00-06, C/Z 00-09, PP 00-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of November, 2000, hold a duly noticed public hearing which was continued to December 5 and December 19, 2000, to consider the request of RICHARD HUGHES for approval of the above noted cases; 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 will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact 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 recommending to City Council approval of said request: 1. The site is suitable for the District Commercial General Plan designation. 2. The zone change to PC-2 will be consistent with the general plan amendment. 3. The land use resulting from the change of zone would be compatible with adjacent proposed land uses. 4. The precise plan is consistent with the intent and purpose of the district commercial zone. 5. The design of the precise plan and the manner in which it will be operated will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 6. The precise plan of design will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. PLANNING COMMISSION RESOLUTION NO. 2040 7. The precise plan 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 approval of General Plan Amendment 00-06 (Exhibit B attached hereto), Change of Zone 00-09 (Exhibit C attached hereto) and Precise Plan 00-21 are hereby recommended to City Council, subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact (Exhibit A attached hereto), is recommended for certification. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of December, 2000, by the following vote, to wit: AYES: CAMPBELL, LOPEZ, BEATY NOES: NONE ABSENT: FINERTY ABSTAIN: JONATHAN ATTEST: PHILIP DRELL Secretary Palm Desert P nning Commission 2 Q BEATY Chair erso R. PAUL p PLANNING COMMISSION RESOLUTION NO. 2040 CONDITIONS OF APPROVAL CASE NOS. GPA 00-06, C/Z 00-09, PP 00-21 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 following agencies: Coachella Valley Water District Palm Desert Architectural 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. 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 and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 7. 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 3 PLANNING COMMISSION RESOLUTION NO. 2040 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. 8. That all requested mitigation measures included in the WPA traffic study dated December 12, 2000 shall be conditions on this project. 9. Hours of operation for commercial uses shall be as follows: a. Gas station/convenience store: 5:00 a.m. to 11:00 p.m. b. Bowling Center: 10:00 a.m. to 10:00 p.m. Sunday through Thursday 10:00 a.m. to 11:00 p.m. Friday and Saturday c. Restaurants: 7:00 a.m. to 11:00 p.m. After one full year of operation applicant may request modification of operational limits. 10. Project shall include onsite security per recommendation of the Palm Desert Police Department insuring that activity in the center does not threaten the public peace. 11. This approval will be subject to submission of applications by owner changing designation of adjacent golf course from R-1 Single Family Residential to Open Space. Department of Public Works: 1. Any drainage facility 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 project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 25 year storm. 2. 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. Costs associated with the installation of a traffic signal system 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 PLANNING COMMISSION RESOLUTION NO. 2040 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to the Department of Public Works prior to the issuance of a grading permit. 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. 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. 7. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature. 8. 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. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20 Stormwater Management and Discharge Control. 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. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. 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 System (NPDES) General Permit for stormwater discharges associated with construction. 13. Traffic safety striping on Cook Street and Sheryl Drive shall be provided to the specification of the Director of Public Works. A traffic control plan must be 5 PLANNING COMMISSION RESOLUTION NO. 2040 submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 14. 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. Those improvements shall include, but not be limited to the following: * Removal and reconstruction of concrete curb, gutter and paving at 43 feet from centerline on Cook Street and 22 feet on Sheryl Drive. Widening on Sheryl Drive shall begin approximately 100 feet westerly of the proposed project access point. * Installation of dedicated right turn pocket, approximately 80 feet in length with a 90 foot reverse curve, for the proposed Cook Street access. * Installation of a concrete sidewalk in an appropriate size and configuration on Sheryl Drive and Cook Street. * Installation of traffic signal at the intersection of Cook Street and Sheryl Drive and the removal of existing traffic signal at Cook Street and Merle Drive. * Construction of raised landscaped median island in Cook Street between Merle Drive and the southerly project limits. The design of the median island at Merle Drive shall prohibit left turn movements from Merle Drive onto Cook Street. The cost of construction of the portion of the median between Merle Drive and Sheryl Drive shall be subject to reimbursement upon completion and acceptance of the improvement. * Existing overhead utilities shall be converted to underground facilities in accordance with Palm Desert Municipal Code. * Installation of transit facilities in accordance with Sunline Transit Agency recommendations. Street rights -of -way necessary to accommodate the required improvements shall be provided prior to the issuance of any permits associated with this project. 6 r.. PLANNING COMMISSION RESOLUTION NO. 2040 Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, 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 buildings per UFC article 87. 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 gpm flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2- 1/2" x 2-1 /2"), located not less than 25' nor more than 150' 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 la.r water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3,000 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' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 7 PLANNING COMMISSION RESOLUTION NO. 2040 11. 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 required on both sides of the street the roadway must be 36' wide and 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). 12. All buildings shall have illuminated addresses of a size approved by the city. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. Other: All turning radiuses around outside of parking Tots must have a 31' inside and a 51' outside radius. 8 PLANNING COMMISSION RESOLUTION NO. 2040 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 1 5070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 00-06, C/Z 00-09, PP 00-21 APPLICANT/PROJECT SPONSOR: Richard Hughes 73-550 Alessandro, Suite 200 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A mixed use commercial complex located on 7.87 acres at the southwest corner of Cook Street And Sheryl 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. +PHILIP D DIRECTO OF COMMUNITY DEVELOPMENT ember 19, 2000 9