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HomeMy WebLinkAboutRes No 2467PLANNING COMMISSION RESOLUTION NO. 2467 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A PRECISE PLAN OF DESIGN. INCLUDING A CONDITIONAL USE PERMIT AND VARIANCE, TO ALLOW A 27,000 SQUARE FOOT ADDITION (SITE PLAN ONLY) TO THE EXISTING SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND DEMOLITION OF THE EXISTING EL PASEO VILLAGE (LOCATED BETWEEN SAN PABLO AND LUPINE LANE) AND CONSTRUCTION OF A 72,474 SQUARE FOOT TWO-STORY RETAIL, OFFICE, AND RESTAURANT DEVELOPMENT WITH PARKING STRUCTURE AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO. SUBJECT PROPERTIES ARE LOCATED AT 73-545 EL PASEO (GARDENS ON EL PASEO, APN: 627-261-006) AND 73-425 EL PASEO (EL PASEO VILLAGE, APN: 627-252-004, 005) CASE NOS. PP 07-10, CUP 07-18, VAR 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of February, 2008, hold a duly noticed public hearing to consider the request by Davis Street Land Company, for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Mitigated Negative Declaration, and the Planning Commission recommends approval of the Mitigated Negative Declaration in substantially the form as shown in Exhibit `A'; 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 the recommendation to the City Council of said request: Precise Plan/Conditional Use Permit: 1. The proposed location of the project is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The proposed project is located in a C-1, General Commercial zone, with a Scenic Preservation overlay and is covered by the Palm Desert Commercial Core Area Specific Plan which encourages the retail/restaurant and second story office enhancement of the El Paseo Corridor. The proposed retail, restaurant and office project is in accordance with the district in which it is located and the superior architecture and design meets the intent of the Scenic Preservation overlay district. PLANNING COMMISSION RESOLUTION NO. 2467 2. The proposed location of the project and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. The redevelopment will improve the aesthetics and overall quality of the area and will not be materially injurious to properties or improvements in the vicinity or be detrimental to public health, safety or general welfare of the City. The Conditional Use Permits for the restaurant uses in the C-1 zone assure that they are operated in a manner that is not detrimental to the surrounding uses. 3. The proposed project will comply with each of the applicable provisions of this title. The project complies with all standards of the C-1, General Commercial zone, with exception to the recommended variances. The project as conditioned complies with all provisions of the Zoning Ordinance including the precise plan and conditional use permit. 4. The proposed project complies with the goals, objectives, and policies of the city's adopted General Plan. The proposed project is consistent with the General Plan designation of Community Commercial and also the goals outlined in the Palm Desert Commercial Core Area Specific Plan of keeping the El Paseo area as a unique, pedestrian -oriented high -end retail shopping area. Variance: 1. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. Davliaht triangle: Given that the height of the building is proposed to be 42', requiring the property owner to comply with a 2:1 setback ratio would create an unnecessary hardship inconsistent with the objectives codified in the Zoning Ordinance and inconsistent with other properties on the El Paseo corridor. Every two-story building on El Paseo does not comply with the Code Section. Building Height: The goals and objectives of the Commercial Core Area Specific Plan are to continue to bring very high -end shops to El Paseo district. In order to achieve this goal the strict interpretation of the height requirements in the General Commercial zone create an unnecessary hardship inconsistent with the General Plan and the Commercial Core Area Specific Plan. The very high -end retail market demands the heights being proposed as illustrated by the existing Gardens on El Paseo. The proposed 2 PLANNING COMMISSION RESOLUTION NO. 2467 height of the El Paseo Village is lower than the height of the existing Gardens on El Paseo. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The intended use of the property is consistent with the Commercial Core Area Specific Plan. The site size and geometry preclude the project from meeting the requirements of the daylight triangle requirements. The superior architectural building design and massing of the buildings will serve as mitigation of building height. 3. That strict or literal interpretations and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. Daylight triangle: The strict and literal enforcement of C-1 Code Section 25.28.060 would deny the applicant privileges enjoyed by the owners of other properties in the El Paseo district. While the subject property is not technically unusual as compared with other properties along El Paseo, conformance to the 2:1 ratio street frontage setback ratio is not applicable to any property fronting El Paseo and would be inconsistent with economic and architectural intent for this district. Where other properties have been granted variances, successful and attractive two story businesses along El Paseo have been constructed. It would appear that not granting the variance would deny the applicant privileges enjoyed by other property owners along El Paseo. These exceptional circumstances make it unfeasible to deny the variance. Building Height: The strict and literal enforcement of C-1 Code Section 25.28.060 would deny the applicant privileges enjoyed by the owners of other properties in the El Paseo district. Where other properties have been granted a variance in the past architecture and massing of the buildings have been the mitigating factor. 4. That the granting of the variance or adjustment will not be detrimental to public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The proposed project variances relate to building height and daylight triangle requirements. The proposed variances are consistent with developments in the area which have shown no adverse effects on public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The variances will help preserve the overall aesthetics and retail environment of the El Paseo area. 3 PLANNING COMMISSION RESOLUTION NO. 2467 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 to City Council approval of PP 07-10, CUP 07-18, VAR 07-02, and a Mitigated Negative Declaration of Environmental Impact, attached hereto as Exhibit "A", subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of February, 2008, by the following vote, to wit: AYES: CAMPBELL, TANNER, TSCHOPP NOES: LIMONT, SCHMIDT ABSENT: NONE ABSTAIN: NONE ATTEST: OkURI AYLAIAN, Secretary Palm Desert Planning Commission --E s DAVID E. TSCHOPP, Chairpersbrf 4 PLANNING COMMISSION RESOLUTION NO. 2467 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the Califomia Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NOS: PP 07-10, CUP 07-18, VAR 07-02 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Approval of a Precise Plan of Design including a Conditional Use Permit and Variance to allow a 27,000 square foot addition (site plan only) to the existing Saks 5th Avenue at the existing Gardens on El Paseo and demolition of the existing El Paseo Village (located between San Pablo and Lupine Lane) and construction of a 72,474 square foot two-story retail, office, and restaurant development with parking structure and an adoption of a Mitigated Negative Declaration as it relates to the project thereto. Subject properties are located at 73-545 El Paseo (Gardens on El Paseo, APN: 627-261-006) and 73-425 El Paseo (El Paseo Village, APN: 627-252-004, 005) 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. g� F-& zcce '�LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5 PLANNING COMMISSION RESOLUTION NO. 2467 CONDITIONS OF APPROVAL CASE NOS. PP 07-10, CUP 07-18, VAR 07-02 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 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 waste company and Department of Community Development and shall include a recycling program. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 7. 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. 8. 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. 6 PLANNING COMMISSION RESOLUTION NO. 2467 9. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 10. The owner shall be responsible for installation and maintenance of landscaping on the east side of the property, surrounding the cul-de-sac as indicated on the approved landscape plan. 11. All conditions of approval shall be recorded before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 12. Prior to issuance of permits for the Saks expansion the applicant shall, work with the City Attorney to review and amend as necessary the current public parking documents for the existing Gardens on El Paseo parking deck to reflect the loss of parking spaces due to the Saks Fifth Avenue expansion. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner who shall maintain the landscaping per the City approved landscape document package for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801). 2. 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. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 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 standard inspection fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 6. Storm drain design and construction 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 taking into account the possible overflow of San Pablo and Lupine into the parking area incorporating preventative measures. 7 PLANNING COMMISSION RESOLUTION NO. 2467 7 Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to 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. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 10. Landscape installation shall be drought tolerant in nature and in accordance with the Citys Water Efficient Landscape Ordinance (24.04). 11. Landscape, grading, and utility plans shall be submitted for review concurrently. 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. CONSTRUCTION REQUIREMENT 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 14. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 15. Prior to the 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 Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 16. Drainage study shall take into account the possible overflow of San Pablo and Lupine into the lower level parking area incorporating preventative measures. 8 PLANNING COMMISSION RESOLUTION NO. 2467 Riverside County Fire Department: 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 Codes, 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 fire flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1 /2"x2-1 /2", located not less than 25' nor more than 150' feet 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 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' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. (13 R and attic protector) 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 less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. 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 less 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. 11. All buildings shall have illuminated addresses of a size approved by the city. 9 PLANNING COMMISSION RESOLUTION NO. 2467 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 14. Fire Department ground floor access radius shall be not less than 31-feet inside and 52-feet outside. // 10