HomeMy WebLinkAboutRes No 2263PLANNING COMMISSION RESOLUTION NO. 2263
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN ADDENDUM TO DEVELOPMENT
AGREEMENT 97-2 TO EXPAND PERMITTED USES IN PLANNING
AREA ONE TO INCLUDE PLANNED INDUSTRIAL USES, A
MASTER PLAN FOR PLANNING AREA 1, A TENTATIVE PARCEL
MAP FOR A 21.86 ACRE COMMERCIAL/OFFICE/INDUSTRIAL
PROJECT, A PRECISE PLAN FOR FIVE (5) TWO STORY
BUILDINGS TOTALING 166,000 SQUARE FEET ON 10.59 ACRES
OF THE SITE AND A HEIGHT EXCEPTION FOR MECHANICAL
EQUIPMENT SCREENING PURPOSES. THE SITE MASTER PLAN
INCLUDES 236,450 SQUARE FEET OF COMMERCIAL/
OFFICE/INDUSTRIAL USES, 14,750 SQUARE FEET OF
RESTAURANTS (INCLUDING 2 DRIVE-THRUS) AND A THREE
STORY HOTEL WITH UP TO 104 ROOMS. THE PROJECT IS
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
COOK STREET AND GERALD FORD DRIVE, MORE
PARTICULARLY DESCRIBED AS APN 653-410-023 THROUGH
025, 653-690-015 THROUGH 019.
CASE NOS. DA 97-2 Addendum #2, TPM 31563 and PP 04-05
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of April, 2004, hold a duly noticed public hearing to consider the request by HOLT
ARCHITECTS, 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.
02-60," in that the Director of Community Development has determined that the project was
previously assessed no further review will be necessary; 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. With the Addendum to the Development Agreement, the proposed addition of
industrial uses to Planning Area 1 are in accord with the objectives of the zoning
ordinance and the purpose of the district in which the site is located.
2. The proposed precise plan will comply with each of the applicable provisions of
this title, except for approved variance or adjustments; and
PLANNING COMMISSION RESOLUTION NO. 2263
3. The proposed the project will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or improvements in the
vicinity.
4. The proposed precise plan complies with the goals, objectives, and policies of the
City's general plan.
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 Tentative Parcel Map 31563 and Precise Plan 04-05 is hereby
recommended to the City Council, subject to conditions attached.
3. That the approval of Addendum #2 of Development Agreement 97-2, attached
hereto as Exhibit A, is hereby recommended for approval to the City Council.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 20'h day of April, 2004, by the following vote, to wit:
AYES: FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, TSCHOPP
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,'Secretary
Palm Desert Planning Commission
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SABBY
, Chairperson
liar
PLANNING COMMISSION RESOLUTION NO. 2263
CONDITIONS OF APPROVAL
CASE NOS. PP 04-05 AND TPM 31563
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. 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 statues now in force, or which hereafter may be in force.
6111.. 4. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permit and/or clearance from the following
agencies:
know
Coachella Valley Water District
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 provisions for recycling.
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. 2263
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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 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. The eastem slope of the Cook Street overpass adjacent to the site shall be considered
a street frontage and landscaping shall be required and installed as part of this project.
9. A detailed parking lot and field lighting plan shall be submitted to staff for approval,
subject to applicable lighting standards. Plan to be prepared by a qualified lighting
engineer.
10. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
moiJ
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, Fringed -Toed Lizard, TUMF, School
Mitigation and Housing Mitigation fees.
12. That the approval of PP 04-05 and TPM 31563 shall not be effective until the related
Development Agreement (DA 97-2 addendum #3) is approved by the City Council.
Department of Public Works
1. The project shall be designed to retain storm waters associated with the increase in
developed vs. undeveloped condition for a 100 year storm. 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. Retention area shall be accommodated by widening
the mid -valley channel in accordance with the drainage study for this project. Widened
area of the channel shall be to the southwest and offered for dedication to the City.
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.
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PLANNING COMMISSION RESOLUTION NO. 2263
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, and approved by, 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. 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 are 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. Landscape installation on the property frontages as well as on -site shall be drought
tolerant in nature and maintenance shall be performed by the property owner(s). This
shall include the slope of the Cook Street overpass.
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. Developer
shall contact the Riverside County Flood Control District for informational materials.
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. Preliminary
landscape plans shall be submitted concurrently with grading plans.
11. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
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
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PLANNING COMMISSION RESOLUTION NO. 2263
city's Circulation Network. Those improvements shall include, but not be limited to the
following:
Installation of an 8' wide concrete sidewalk on Gerald Ford Drive.
Installation of one-half width of a raised median island along the project frontage.
The project may provide a cash payment in -lieu of construction for the required
median island.
Rights -of -way and/or easements necessary for the installation of the above referenced
improvements shall be conveyed to the city prior to the issuance of any permits
associated with this project.
13. The project driveway located at the east property line shall be limited to right turn ingress
and egress only and shall be limited to a maximum of 40' in width or as determined by the
City Engineer. A reciprocal access agreement shall be executed with property located
to the east (and the Mobil Station), providing access to the traffic signal approved with
PP/CUP 01-21. Said agreement shall include provisions for payment of a proportionate
share of maintenance costs on the approved access route.
14. Traffic safety striping on Gerald Ford 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.
15. 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.
16. Existing catch basin on Gerald Ford Drive at the easterly property line shall be relocated
westerly to accommodate the proposed driveway and a drainage pipe shall be installed
to convey this water to the Mid -Valley Storm Channel. City shall reimburse developer for
costs associated with the installation of the drainage pipe only.
17. A 20' minimum drainage easement, or less as approved by the City Engineer, is required
along or near the east property line to accommodate drainage facility described above.
No walls or structures, including trash enclosures, shall be constructed within this
easement.
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PLANNING COMMISSION RESOLUTION NO. 2263
18. Developer shall provide a level, minimum 8' wide easement adjacent to the Cook Street
Overpass, or as approved by the City Engineer, to provide a future connection to a
bikepath along the Mid -Valley Storm Channel.
19. In accordance with City Council Resolution No. 01-5, dead-end parking aisles shall be
eliminated.
20. There shall be recorded on the map a reciprocal easement for; parking and access,
drainage, and use of trash enclosures.
Fire Department Conditions
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, CFC and CBC 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. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2 '/Z" x
2 '/z" located not Tess 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 water
system will produce the required fire flow.
6. Install and 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' from the building within 50' of an approved hydrant. Exempted
are one and two family dwellings.
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PLANNING COMMISSION RESOLUTION NO. 2263
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 3000 square feet and not over 75' from walking distance. A 'K' type fire
extinguisher is required in all commercial kitchens.
10. Install a Hood/Duct automatic fire extinguisher 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' 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. A dead end singe access over 500' will require a secondary access, sprinklers or other
mitigative measures approved by the Fire Marshal. Under no circumstances shall a dead
end over 1300' be accepted.
13. A second access is required. This can be accomplished by two main access points from
a main roadway or an emergency gate from an adjoining development.
14. All buildings shall have illuminated addresses of a size approved by the city.
15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately tot he Fire Marshal for approval prior to construction.
16. 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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PLANNING COMMISSION RESOLUTION NO. 2263
ADDENDUM TO
DEVELOPMENT AGREEMENT DA-97-2
(WONDER PALMS)
This Addendum ("Addendum") to Development Agreement DA-97-2 ("Development
Agreement") is made and entered into this day of , 2004, by and
between the City of Palm Desert, California, a municipal corporation organized and existing
under the laws of the State of California (thc "City"), and
("Developer"), with reference to the following facts, understandings and intentions of the parties:
RECITALS
A. On April 24, 1997, the City adopted Ordinance 838 approving Development
Agreement DA-97-2 (the "Development Agreement"), attached hereto as Exhibit "A", for a
development commonly known as "Wonder Palms". The Development Agreement was recorded
in the records of Riverside County, California, as instrument No. 179687 on May 22, 1997 and
remains in full force and effect.
B. The Development Agreement provides certain assurances that the property
("Property") subject to the Development Agreement as described in Exhibit "B" of the
Development Agreement will be permitted to develop according to the Development Plan and
Existing Land Use Ordinances, as defined by the Development Agreement, for the term of that
Agreement.
C. The Development Plan provides for six enumerated Planning Areas and specific
development parameters for each Planning Area.
D. On day of
Plan for Planning Area 1 attached hereto
industrial/business park development which lies
Plan.
, 2004, the City approved the Master
as Exhibit "C" which provides for an
within Planning Area 1 of the Development
E. Developer(s) owns all the property subject to the Master Plan, as more particularly
described in Exhibit "B" hereto ("Master Plan Property").
F. City and Developer desire to supercede the Development Agreement to expand
allowable uses in Planning Area 1 to include industrial uses with the following
exceptions:
1. Mortuaries
2. Automotive storage and repair
3. Preparation of foodstuffs (bottling, baking, etc.)
4. Adult entertainment uses
RMJ'UR\RW}11225373
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PLANNING COMMISSION RESOLUTION NO. 2263
and to continue in effect the assurances that Planning Area 1 will be permitted to develop
according to the Existing Land Use Ordinances pursuant to the terms of the Development
Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
legislation, as defined in the Development Agreement, and in consideration of the mutual
covenants and promises of the parties therein contained, the parties agree that Development
Agreement DA-97-02 is hereby superceded, with respect to Planning Area 1 only, as follows:
SECTION 1. The property subject to this Addendum shall be Planning Area 1 only.
SECTION 2. The Master Plan shall be the "Development Plan", as defined and described in the
Development Agreement, for the Precise Plan Property. Development within the
Master Plan Property shall be in accordance with the Master Plan and, except as
otherwise provided in the Precise Plan, in accordance with Existing Land Use
Ordinances of the City as defined in the Development Agreement.
SECTION 5. Transfers and Assignments; Effect of Agreement on Title.
5.1 Rights and Interests Appurtenant . The rights and interests conveyed as
provided herein to Developer benefit and are appurtenant to the Property. Developer has the
right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate
and assign any and all of its duties and obligations hereunder. Such rights and interests
hereunder may not be sold, transferred or assigned and such duties and obligations may not be
delegated or assigned except in compliance with the following conditions:
(i) Said rights and interests may be sold, transferred or assigned only
together with and as an incident of the sale, lease, transfer or assignment of the portions of the
Property to which they relate, including any transfer or assignment pursuant to any foreclosure of
a Mortgage or a deed in lieu of such foreclosure. Following any such sale, transfer or
assignment of any of the rights and interests of Developer under this Agreement, the exercise,
use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same
extent as if the purchaser, transferee or assignee were Developer hereunder.
5.2 Covenants Run with Land .
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PLANNING COMMISSION RESOLUTION NO. 2263
(i) All of the provisions, agreements, rights, powers, standards, terms,
covenants and obligations contained in this Agreement shall be binding upon the parties and their
respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees,
lessees, and all other persons acquiring any rights or interests in the Property, or any portion
thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit
of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and
assigns;
(ii) All of the provisions of this Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to applicable law;
(iii) Each covenant to do or refrain from doing some act on the Property
hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs
with such lands, and (C) is binding upon each party and each successive owner during its
ownership of the Property or any portions thereof, and shall benefit each party and its lands
hereunder, and each such other person or entity succeeding to an interest in such lands.
SECTION 6. Notices. Any notice to either party shall be in writing and given by delivering the
same to such party in person or by sending the same by registered or certified
mail, return receipt requested, with postage prepaid, to the following addresses:
RMI'tJWRWI 225373
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
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PLANNING COMMISSION RESOLUTION NO. 2263
If to Developer:
Either party may change its mailing address at any time by giving written notice of such change
to the other party in the manner provided herein. All notices under this Agreement shall be
deemed given, received, made or communicated on the date personal delivery is effected or, if
mailed, on the delivery date or attempted delivery date shown on the retum receipt.
SECTION 7. Except to the extent of any inconsistency with this Addendum, all provisions of
the Development Agreement are incorporated herein by this reference and shall
remain in full force and effect.
RMf'1JB\RWM225373
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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PLANNING COMMISSION RESOLUTION NO. 2263
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year
first -above written.
"DEVELOPER"
RMPL13\RWfi\225373
"CITY"
City of Palm Desert, California, a Municipal
Corporation organized and existing under
the laws of the State of California
By
ATTEST:
Rachelle Klassen, City Clerk
City of Palm Desert
, Mayor
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PLANNING COMMISSION RESOLUTION NO. 2263
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF COUNTY OF RIVERSIDE
On before me,
personally appeared
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary
My commission expires:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
o Corporate Officer
RMPUB\RWIi\225373
Number of Pages:
Signer's Name:
❑ Individual
O Corporate Officer
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PLANNING COMMISSION RESOLUTION NO. 2263
Title(s): Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited n General
O Top of thumb here ❑ Attorney -in -Fact
❑ Trustee ❑ Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
O Other: 0 Other:
Signer is Representing: Signer is Representing:
RMPUB\RWH\225373