HomeMy WebLinkAboutRes No 2176PLANNING COMMISSION RESOLUTION NO. 2176
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
trim OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF A PRECISE PLAN TO ALLOW
THE DEVELOPMENT OF A 689,071 SQUARE FOOT
COMMERCIAL CENTER ON +/- 70 ACRES, A TENTATIVE
PARCEL MAP TO SUBDIVIDE A 70 ACRES INTO 23 PARCELS,
AN— AMENDMENT TO THE EXISTING DEVELOPMENT
AGREEMENT AND CERTIFICATION OF A SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT. PROPERTY IS LOCATED
AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND
DINAH SHORE DRIVE ALSO REFFERED TO AS 34-000
MONTEREY AVENUE AND A.P.N.(s) 653-250-005, 014, 015, 018.
CASE NO. PP 01-30, TPM 30502, SEIR
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 3rd day of December, 2002, hold a duly noticed public hearing, which was continued
to December 17, 2002 and January 7, 2003, to consider a request by RILEY/CARVER,
LLC for the above mentioned; 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. 02-60," in that a Subsequent Environmental Impact Report was prepared
and mitigation measures implemented will reduce all impacts to level less than significant;
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
approval of said precise plan:
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate property
values nor be materially injurious to the properties or improvements in the
vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment
of the 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.
PLANNING COMMISSION RESOLUTION NO. 2176
FINDINGS FOR APPROVAL OF A TENTATIVE PARCEL MAP:
1. That the proposed map is consistent with applicable general and specific
plans.
2. That the design or improvements oflhe proposed map is consistent with
applicable general and specific plans.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the of the parcel map or the proposed improvements are
not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
6. That the design of the parcel or the type of improvements is not likely to
cause serious public health problems.
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT:
1. The S.E.I.R. has been completed in accordance with the requirements of
CEQA.
2. Any potential adverse impacts have been considered as part of the S.E.I.R.
and mitigation measures have been imposed which will reduce any impacts
to a level of insignificance.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, Califomia, as follows:
1. That the Planning Commission does hereby recommend to the City Council
approval of Precise Plan 01-30, TPM 30502, DA 92-3 Amendment No. 1 and
certification of a Subsequent Environmental Impact Report.
2. That the Planning Commission does hereby recommend to the City Council
certification of the Final S.E.I.R. as complete, to include the draft S.E.I.R.:
a. Comments received on the draft S.E.I.R. and related responses by the City.
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PLANNING COMMISSION RESOLUTION NO. 2176
b. Public testimony recitations are true, correct and constitute the findings of
the Planning Commission in this case.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of January, 2003, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP
NOES: FINERTY
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
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CINDY FINERT/Y, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2176
CONDITIONS OF APPROVAL
CASE NO. PP 01-30, TPM 30502, SEIR
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 Review Commission
Riverside County Fire Department
Palm Desert 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. Applicant shall participate in a commercial recycling program as determined by the
City and applicable Waste Disposal Company. 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 the Department of Community
Development.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2176
7 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.
8. All sidewalk plans shall be reviewed and approved by the department of public
works prior to -architectural review commission submittal. - -
9. Final landscape plans shall comply with the City's Parking Lot and Tree Standards
per Ordinance 977 and Resolution 01-06 and must be approved by the City's
Architectural Review Commission.
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. 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.
11. 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.
12. All building setbacks along shall conform standards prescribed with the City of
Palm Desert Zoning Ordinance (Chapter 25 of Palm Desert Municipal Code).
13. All outdoor storage shall be screened from public view.
14. No recreational vehicle parking shall be permitted over night.
15. Outdoor sales and temporary uses shall be subject to standards prescribed in
Chapter 25.64 of the Palm Desert Zoning Ordinance.
16. All future pad buildings shall be subject to review and approval by the City and the
Architectural Review Commission and shall be consistent with the approved
Desert Gateway Design and Signage Guidelines.
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PLANNING COMMISSION RESOLUTION NO. 2176
17. Signage shall be reviewed and approved by the Architectural Review Commission
and shall be consistent with the approved Desert Gateway Design and Signage
Guidelines.
18. Recordation of the parcel map shall be allowed with sufficient assurance to
guarantee that the project will actually proceed. -
19. Applicant shall install a traffic signal on Dinah Shore at the north project entrance.
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. As provided for in Section 26.49.030 of the Palm
Desert Municipal Code , the costs associated with the construction of master
plan drainage facilities may be deducted from the project drainage fees.
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. Project design shall provide for on -site retention areas
to retain stormwaters associated with the increase in developed vs.
undeveloped condition for a 100 year storm. The land -divider shall comply with
all requirements of the Coachella Valley Water District regarding stormwater and
drainage.
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. 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. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
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PLANNING COMMISSION RESOLUTION NO. 2176
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. 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.
Encroachment permits will be required for all offsite improvements.
9. 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.
10. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of a median islands in Monterey Avenue and Dinah Shore Drive shall be
provided. Landscape treatment shall be water efficient in nature and shall be in
accordance with the City of Palm Desert landscape design standards.
11. All project landscaping shall be water efficient in nature and maintenance shall be
provided by the property owners. Landscape plans shall be submitted for review
and approval by the Public Works Department simultaneously with precise grading
plans for each lot.
12. Applicant shall comply with the provisions of Municipal Code Chapter 24.12,
Fugitive Dust Control as well as Chapter 24.20 Stormwater Management and
Discharge Control.
13. The location and permitted movements of all project entry points shall be subject to
the review and approval of the Director of Public Works.
14. Waiver of access rights to all public streets, shall be granted on the parcel map.
Access rights shall be granted during the precise plan process.
15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all
overhead electrical distribution, telephone and cable TV utilities shall be placed
underground per the respective utility provider recommendation.
16. 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/onsite
improvements shall include, but not be limited to the following:
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PLANNING COMMISSION RESOLUTION NO. 2176
* Construction of curb, gutter and paving on all streets throughout the project.
• Dinah Shore Drive shall be constructed to a width of 76' on 100' right-of-way
and shall include a 14' raised median island.
• Monterey Avenue shall be constructed to a half -width of 58' on 70' right-of-
way between Avenue 35 and Market Place Way, providing three northbound
through lanes plus one northbound right tum auxiliary lane. Half -width right-
of-way between Market Place Way and Dinah Shore Drive shall be 70' with
three through lanes plus a right turn acceleration lane at Market Place Way,
transitioning to three through lanes at Dinah Shore Drive. A 20' landscape
buffer shall be provided in addition to the required street right-of-way per the
Circulation Network.
* Lucas Way (Gateway Drive) shall be constructed to a width of 68' on 92'
right-of-way between Dinah Shore Drive and Avenue 35. A 20' landscape
buffer shall be provided in addition to the required street right-of-way per the
Circulation Network.
* Avenue 35 shall be constructed to a half -width of 38' on 50' right-of-way. A
20' landscape buffer shall be provided in addition to the required street right-
of-way per the Circulation Network.
* Construction of sidewalk in an appropriate size and configuration. It is
anticipated that sidewalk will be 8' wide and adjacent to the curb on Dinah
Shore Drive, Lucas Way (Gateway Drive) and Avenue 35, 8' meandering on
Monterey Avenue.
* Construction of transit facilities as may be required by Sunline Transit
Agency.
* Install traffic signals at Dinah Shore Drive and Lucas Way, and Monterey
Avenue and Avenue 35. Modify existing traffic signals as necessary to
accommodate required street improvements.
All of the above improvements shall be completed prior to occupancy of any portion
of the project. Any proposed phasing of improvements shall provide for adequate
vehicular access to all lots and shall conform to the intent and purpose of the
approval. Rights -of -way as may be necessary for the construction of required
public improvements shall be provided on the parcel map.
17. Applicant shall be responsible for the implementation of those traffic impact
mitigation measures identified in the Traffic Impact Study prepared by Urban
Crossroads, as approved by the City of Palm Desert Public Works Department.
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PLANNING COMMISSION RESOLUTION NO. 2176
18. Traffic striping and signing shall be provided to the specifications of the Director of
Public Works. A signing and striping plan must be submitted to, and approved by,
the Director of Public Works prior to the placement of any striping, pavement
markings or signs.
19. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
20. 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 for storm water discharges
associated with construction activity.
21. All applicable provisions, conditions and mitigation measures associated with
County of Riverside Environmental Impact Report 166 as approved by the Board of
Supervisors on July 28, 1992, shall be considered conditions of approval for this
map. The land divider shall demonstrate compliance with applicable mitigation
measures of EIR No. 166, prior to issuance of a grading permit.
22. In accordance with Palm desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project. Preliminary landscape plans shall be submitted concurrently with grading
plans.
23. The property owners association shall be required to enter into a cost sharing
agreement and be responsible for 25% of ongoing traffic signal and safety lighting
maintenance and energy costs in perpetuity for the intersection of Monterey
Avenue and Market Place Way. Total maintenance and energy costs are currently
estimated at $3,000 per year.
24. Street names are subject to review and approval with the parcel map.
25. The main project driveway aligning with Market Place Way shall provide a minimum
of 4 through lanes, two eastbound and two westbound, from Monterey Avenue to
the main north/south drive aisle located directly in front of the Walmart/Sam's Club
buildings. This driveway shall be designated as a fire lane and no parking will be
allowed. Stop controls shall not be placed on this driveway, except as approved by
the City Engineer. All on -site traffic control shall conform to the Manual of Uniform
Traffic Control Devices. Final design of the driveway and circulation shall be as
approved by the Director of Public Works.
26. Size and location of driveways shall be as approved by the City Engineer. The
southerly driveway on Monterey Avenue shall be limited to right tum ingress/egress
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PLANNING COMMISSION RESOLUTION NO. 2176
and left turn ingress. A maximum of two driveways will be allowed on Lucas Way
(Gateway Drive). The westerly driveway on Avenue 35 shall be limited to right tum
ingress and egress. The Dinah Shore Drive driveway shall be limited to right tum
ingress/egress, and left turn ingress; and a traffic signal will not be allowed unless the
developer demonstrated that the signal will not impact traffic delay and capacity on
Dinah Shore Drive.
Riverside County Fire Marshal:
1. With respect to the conditions of approval regarding the above referenced project,
the fire department recommends the following fire protection measures be provided
in accordance with City Municipal Code, NFPA, UFC, and UBC or any 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 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 gpm flow of :
3000 gpm for commercial buildings.
4. 150' from any portion of a commercial building measured via vehicular travel way
5. Water Plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a
3000 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 feet from the building and within 50 feet
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 UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC
extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
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PLANNING COMMISSION RESOLUTION NO. 2176
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single-family residential usage.
11. All building shall be accessible by an all-weather roadway extending to within 150
feet of all portions of the exterior walls of the first story. The roadway shall not be
less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where
parallel parking is required on n both side_ s of the street the roadway must be 36 feet
wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150
feet shall be provided with a minimum 45-foot radius turn -around, 55 foot 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 twelve months.
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