HomeMy WebLinkAboutRes No 2501PLANNING COMMISSION RESOLUTION NO. 2501
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF AMENDMENT #1 TO A PREVIOUSLY APPROVED
PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT WITH
RELATING DEVELOPMENT AGREEMENTS, ADOPTING AN ADDENDUM
TO THE MITIGATED NEGATIVE DECLARATION, AMENDING THE EL
PASEO VILLAGE PUBLIC PARKING EASEMENT AGREEMENT AND
RELATED PARKING MANAGEMENT PLAN TO REVISE THE NEW EL
PASEO VILLAGE CENTER AND SAKS 5111 AVENUE EXPANSION.
SUBJECT PROPERTIES ARE LOCATED AT 73-545 EL PASEO AND 73-
425 EL PASEO (APN'S: 627-261-006 & 627-252-004, 005)
CASE NOS: PP 07-10, CUP 07-18, DA 07-03, DA 07-04 AMENDMENTS #1
WHEREAS, upon the recommendation of the Architectural Review Commission
and the Planning Commission and after duly noticed public hearings, the City Council of
the City of Palm Desert, California, adopted Resolution 08-42 on May 22, 2008. This
Resolution approved three items:
1. Precise Plan of Design PP 07-10 for (a) an expansion of the existing Saks
5th Avenue at the existing Gardens on El Paseo center (73-545 El Paseo;
APN: 627-261-006) and (b) replacement of the existing El Paseo Village
shopping center with a new retail, restaurant and office complex with one-
story parking structure; and
2. Conditional Use Permit 07-18 permitting restaurants within the new El
Paseo Village center; and
3. A Mitigated Negative Declaration (MND) prepared in compliance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and
the City's procedures for implementing CEQA.
WHEREAS, after a duly noticed public hearing, the City Council of the City of
Palm Desert adopted Ordinance No. 1156 on June 12, 2008 approving Development
Agreement DA 07-03 between the City and El Paseo Land Company, LLC providing
vested rights to the new El Paseo Village Shopping Center and Development
Agreement DA 07-04 between the City and Gardens SPE II, LLC providing vested rights
to the Saks 5th Avenue expansion project; and
WHEREAS, on September 8, 2008, the City Council executed the El Paseo
Village Public Parking Easement Agreement and Parking Management Plan to provide
limited public parking at the new El Paseo Village Shopping Center. These documents
satisfied certain conditions of the Development Agreements.
PLANNING COMMISSION RESOLUTION NO. 2501
WHEREAS, a reduced -size El Paseo Village Shopping Center has been
proposed through modifications to Precise Plan No. PP 07-10, and Conditional Use
Permit No. CUP 07-18 together with first amendments to Development Agreement 07-
03, Development Agreement 07-04, the El Paseo Village Public Parking Easement
Agreement (as shown on Exhibit "A") and a First Amendment to Parking Management
Plan for the El Paseo Village Shopping Center Public Parking Easement (as shown on
Exhibit "B"). The major features of the revised project are a one-story development to
accommodate the restaurants and retail uses with a surface parking lot. The developer
also proposes to maintain section 5f of Development Agreement 07-03 intact, which
proposal shall be considered by the City Council.
WHEREAS, an Addendum to the previously adopted MND has been prepared,
as shown on Exhibit "C", which the Director of Community Development has determined
complies with the requirements of the California Environmental Quality Act including the
"City of Palm Desert Procedure for Implementation of the California Environmental
Quality Act", Resolution No. 06-78; and
WHEREAS, the Architectural Review Commission recommended approval of the
revised project at its May12, 2009 meeting.
WHEREAS, at the Planning Commission's 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 the revised project:
PP 07-10, CUP 07-18, DA 07-03, & DA 07-04 AMENDMENTS #1:
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 enhancement of the El Paseo Corridor. The proposed
retail and restaurants are 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. The project as proposed helps fulfill
objective 25.02.020B 1 of the Zoning Ordinance by producing sales tax
and property revenue to the City over time.
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 revised project will improve the aesthetics and overall quality of the
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PLANNING COMMISSION RESOLUTION NO. 2501
area and will be constructed in accordance with the California Building
Code and all relevant safety standards and regulations so as to 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
revised project blends with and enhances the neighboring Gardens on El
Paseo center.
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. The project as conditioned complies with all provisions of the Zoning
Ordinance including the precise plan, except to the extent that those
standards are superseded by standards provided in the development
agreements.
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.
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 Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the
City Council of the Addendum to the Mitigated Negative Declaration
utilizing its independent judgment. A Notice of Determination shall be filed
with the County Clerk.
3. That the Planning Commission does hereby recommend approval to the
City Council of the First Amendment to El Paseo Village Public Parking
Easement Agreement.
4. That the Planning Commission does hereby recommend approval of the
First Amendment to Parking Management Plan ("PMP") for the El Paseo
Village Shopping Center Public Parking Easement.
5. That the Planning Commission does hereby recommend approval of
Precise Plan 07-10 as amended, Conditional Use Permit 07-18 as
amended, First Amendment to Development Agreement 07-03, and First
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PLANNING COMMISSION RESOLUTION NO. 2501
Amendment to Development Agreement 07-04, applying the conditions of
approval set forth in Resolution No. 08-42 with the following changes:
• Condition No. 11 is no longer applicable due to the June 26, 2008
Palm Desert Redevelopment Agency Resolution No. 550 approving
a Second Addendum to Parking Easement Agreement for the
Gardens on El Paseo.
• Condition No. 12 is amended to read as follows:
"The applicants shall enter into amendments to the two existing
development agreements for the approval of the above noted
project, one agreement for the expansion of the Saks Fifth Avenue
and one agreement for the El Paseo Village portions of the project.
The development agreements shall address items including but not
limited to: full reciprocity of parking between existing Gardens on
El Paseo and the El Paseo Village remodel and designated parking
for hybrid vehicles at the El Paseo Village portion of the project."
6. The applicant shall provide a first amendment to El Paseo Village Public
Parking Easement Agreement for the new surface parking lot.
7. That the City Council's earlier approvals of Precise Plan 07-10 and CUP
07-18 through Resolution 08-42 remain in force and applicable to the
Gardens on El Paseo Shopping Center Saks 5th Avenue expansion project
and the restaurant uses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of May, 2009, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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VAN G. TANNER, Chairperson