HomeMy WebLinkAboutRes No 2595PLANNING COMMISSION RESOLUTION NO. 2595
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
FOR CONSIDERATION OF A REMODEL AND EXPANSION TO THE
EXISTING 111 TOWN CENTER TO ACCOMMODATE A NEW
GROCERY STORE AND RETAIL USE. THE PROJECT IS LOCATED AT
44459 TOWN CENTER WAY.
CASE NO. PP/CUP 12-223
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of December 2012, hold a duly noticed public hearing to consider the request
by Aubrey Cook McGill Architects 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. 2012-20, in the Director of Community Development has determined that
the project 111 Town Center was subject to a comprehensive CEQA review at the time it
was initially approved in 1986. The project was constructed and provided mitigation
measures for all the impacts to the vacant land at that time. The 15.2-acre site was
divided into 17 commercial lots. The current approval takes place on 2.4 acres and
merely reaffirms the prior approvals, and does not change in any way. Staff has
reviewed the prior CEQA analysis and current conditions, and confirmed that there are
no changes in circumstances or the project that would warrant additional CEQA review
at this time. The proposed project is categorically exempt under CEQA Section 15332
infill development projects Class 32 on sites smaller than five acres in size; 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:
FINDINGS:
1. That the proposed location of the conditional use is in accordance with the
objectives of the zoning ordinance and the purpose of the district in which it is
located.
The proposed location of the project is located in a PC (3), Planned
Commercial Regional zone. The purpose the PC (3) Regional Commercial
Center is to provide a unified area for commercial uses which offer a wide
range of goods and services. Chapter 25.30 of the City of Palm Desert's
Zoning Ordinance Section 25.30.026 states a supermarket having sixty
thousand gross square feet or less and a department store are permitted
uses within the PC (3) zone. The conditional uses in the Regional
Commercial PC (3) zone, would comply with the Zoning Ordinance. The City
PLANNING COMMISSION RESOLUTION NO. 2595
of Palm Desert currently has neighborhood supermarkets such as Vons,
Albertsons, and Ralphs that are more affordable and diverse of customer
products. There is a need for the specialty neighborhood -oriented markets,
including such businesses as Bristol Farms, Trader Joe's and Jensen's.
Larger retail discount centers are also needed within communities to provide
diversity. The City will be able to better serve its residents and assure that
these businesses can compete in coming years. Additional conditions have
been added to the project to ensure that all the minimum requirements of the
Palm Desert Municipal Code are met, including Public Works, Building and
Safety, and the Fire Department Conditions.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
The proposed project as a conditional use is consistent with the intent of the
City's Zoning Ordinance as described above. The project has been
conditioned to address public health and safety and will require permits from
the City's Building and Safety Department, Finance Department, Riverside
County Fire Marshal, as well as other local agencies. The project will not
physically divide an established community or neighborhood. Based on
consideration of the whole, the proposed project does not appear to conflict
with any applicable land use plan or policies.
The site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements such that it will not be
detrimental to the public interest, health, safety, welfare and will not be
materially injurious to properties or improvements in the vicinity as described
in more detail in the staff report.
A condition of approval has been placed on the project that will require the
project proponent to construct all necessary on and off -site infrastructure to
provide utilities to the proposed project prior to the issuance of building
permits. Water, sanitation and public utilities and services are available in
Highway 111, a public street.
The loading docks for the project are located along a storm channel, over 230
feet from the nearest receptors, so the sound generated by the project as
conditioned will not be materially injurious to surrounding properties.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
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PLANNING COMMISSION RESOLUTION NO. 2595
The proposed use is consistent with the intent of the Zoning Ordinance. The
use of a grocery store and department store with a Conditional Use Permit
(for the land use), is consistent with the intent of the City's Zoning Ordinance
as described in the staff report. The nature of the proposed uses and building
square footages are compatible with surrounding land uses, and is a part of
and complements and supports the existing commercial center.
Additionally, conditions have been added to the project to ensure that all the
minimum requirements of the Palm Desert Municipal Code are met, including
building, landscaping, public works, and the fire department conditions.
No variances or adjustments are proposed or are necessary for this project.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
The General Plan land use designation for the site is C-R (Regional
Commercial). A primary objective stated in the General Land Use Goals,
Policies and Programs is:
Goal 2, which states "a diverse resort residential community of desirable
residential neighborhoods and resorts, full commercial services, and
institutional uses that complement the employment base and provide a variety
of community services and facilities."
Palm Desert was developed as the premier commercial retail center of the
Coachella Valley, with the Westfield Mall, Desert Crossings, and a variety of
other retail commercial centers. It is also the home of the premier high -end El
Paseo commercial corridor, which has evolved as a unique and unrivaled
premier shopping district of the City. The City has also emerged as a highly
diverse residential community with residential product to appeal to a broad
socio-economic cross section. The proposed Whole Foods and Nordstrom
Rack fulfills an important need for City residents, fills a currently vacant retail
space, enhances the function and desirability of 111 Town Center, and
complement the local employment base of the City.
Goal 3 of the General Land Use Goals, Policies, and Programs states "an
appropriate mix of commercial, resort and other revenue -generating land
uses that will continue to fund a high level of community development
activities, services and facilities in the City."
The proposed project addresses a current need of the City and vicinity in that
it brings two new businesses to occupy space in the community in a currently
vacant building and commercial center. It will also have important direct and
indirect impacts on City revenues by generating retail sales and enhancing
the sales potential of the existing and future 111 Town Center businesses.
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PLANNING COMMISSION RESOLUTION NO. 2595
Policy 3 of the General Land Use Goals, Policies, and Programs states "the
City shall integrate land use analysis and planning with economic and fiscal
analysis as an essential part of development of a master strategic plan for
economic development."
In considering the appropriateness of the proposed uses, the City balances
the land use and planning issues with those associated with maintaining a
strong local economy that generates a revenue stream to support community
facilities and services. The proposed uses, broadens and strengthens the City
economic base and is consistent with the City's economic development
strategies.
Policy 4 of the General Land Use Goals, Policies, and Programs states "every
opportunity shall be exploited to enhance the character and viability of the
City's commercial areas, including Highway 111, El Paseo, the University
Park planning area and the Interstate 10 corridor by integrating nearby higher
density residential uses with retail and office/business park land uses."
The proposed project is expected to have a very positive effect on the
business district comprised on 111 Town Center, Waring Plaza, Desert
Crossings, and other City commercial areas in the vicinity. The project has
the potential to enhance the viability of this part of the City's commercial area.
Goal 2 of the Residential Land Use Goals and Policies states "the
preservation and enhancement of the City's existing neighborhoods."
The proposed uses do not separate or significantly affect existing
neighborhoods in the planning area. Residential developments to the east
and north are all composed of internally oriented one-story, single-family
neighborhoods. Project traffic, including delivery trucks, should have no
impact on existing neighborhoods. The proposed project does not separate or
divide an existing neighborhood but rather helps to provide convenient access
is needed neighborhood commercial services.
Policy 3 of the Residential Land Use Goals and Policies states "the City shall
encourage in -fill development on lands located adjacent to or near existing
residential areas and utilities to maximize the efficient utilization of land and
infrastructure."
Shopping centers constitute the commercial infrastructure that supports the
residents and their needs. Over the past two decades, the subject property
has seen a variety of retail users, which includes businesses that have not
been able to remain viable in the long-term. In addition to providing a much -
needed boost to retail activity at 111 Town Center, the project also provides
needed day-to-day commercial services and associated amenities that will
also be conveniently available to local residents.
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PLANNING COMMISSION RESOLUTION NO. 2595
Goal 1 of the Commercial Land Use Goals and Policies states "an integrated
and complementary mix of commercial land uses that meet the day-to-day
needs of local residents, fully exploit opportunities to serve the regional retail
commercial market, and provide hospitality and tourist commercial
development opportunities."
The proposed project appears to be an appropriate integration of
neighborhood, residential -serving commercial services within easy walking
distance of homes to the north and east. Both the residents and others
working in the vicinity are also expected to make expenditures at the new
Whole Foods and Nordstrom Rack, along with future retailers and keep
associated retail sales revenues in the City.
Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of
commercial land uses conveniently and appropriately distributed throughout
the City, meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses."
As a part of the Town Center Way, Fred Waring, and Highway 111
commercial corridors, the proposed uses should compliment and create
synergies with the other retail businesses at 111 Town Center and the
vicinity. This enhanced mix of commercial services provides vertical
integration between general retail, dining and neighborhood commercial uses
supports the City's overall retail commercial and strengthens local fiscal
conditions.
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 of PP/CUP
12-223, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of December 2012, by the following vote, to
wit:
AYES: CAMPBELL, DASH, DE LUNA, and LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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PLANNING COMMISSION RESOLUTION NO. 2595
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ONIA CAMPBELL, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2595
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CONDITIONS OF APPROVAL
CASE NO. PP/CUP 12-223
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. That the proposed two 45-foot tower elements be reduced to 42 feet 6 inches.
3. 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
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
5. The applicant shall submit design development plans to the Architectural Review
Commission before review of the construction drawings by the City.
6. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted to
the Department of Community Development/Planning.
7. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
8. 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.
9. All Delivery trucks and vehicles shall enter the premises via Town Center Way and
Highway 111 only, no access from Fred Waring Drive.
10. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m. (midnight)
seven days a week.
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PLANNING COMMISSION RESOLUTION NO. 2595
11. That the building colors be consistent with those shown on the material sample
board and the design is consistent as approved by the Architectural Review
Commission.
12. That any future restaurants on the site shall provide an effective means of odor
control from cooking units satisfactory to the Planning and Building Departments
prior to issuance of building permit.
13. That all signs on site be approved under a sign program by the Architectural Review
Commission and conform to the sign program requirements.
14.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.
15. 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.
16. All Landscaping and lighting for the facility shall be strictly on site and will not intrude
onto surrounding properties.
17. The owner shall be responsible for installation and maintenance of landscaping of
the property, as indicated on the approved landscape plan.
18. All HVAC roof -mounted mechanical equipment must be screened from public view.
19. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the Palm
Desert Municipal Code.
20. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be
provided where necessary on outdoor equipment, whether roof or pad -mounted,
including but not limited to cooling towers, air-cooled condensers, refrigeration
compressors/condenser units, and air intake and discharge openings for building
ventilation.
DEPARTMENT OF PUBLIC WORKS:
The applicant shall:
1. Not locate or relocate utilities in the paved portion of Highway 111.
2. Construct a left turn ingress left turn pocket on Highway 111 and restore landscaping
to the Highway 111 median.
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PLANNING COMMISSION RESOLUTION NO. 2595
3. Be responsible for the maintenance of all proposed and existing landscaping. Trees
missing from planters shall be replaced in the parking lot areas for buildings with
tenant improvement permits.
4. Retain the existing eucalyptus trees along the Palm Valley Storm Channel except for
the trees marked for removal by the City of Palm Desert Landscape Manager.
5. Be responsible for the maintenance of the proposed subsurface infiltration basins and
proposed retention basin in accordance with the approved preliminary WQMP.
6. Provide for ADA compliant sidewalks and path of travel leading from Town Center
Way to the proposed building and building 445. Handicap ramps shall be installed as
needed along these paths. In the future if the applicant is going to
construct/reconstruct in the building 419 location they shall be required to add a path
of travel to that building as well.
7. Record a Parcel Map Waiver for lot line adjustment prior to Building Permit issuance.
Prior to the issuance of grading permits the applicant shall:
8. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a copy
of the NOI stamped by the State Water Resources Control Board or the Regional
Water Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
9. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP
shall identify the Best Management Practices (BMPs) that will be used on the site to
control predictable pollutant runoff. Prior to the issuance of grading permit, the
Operation and Maintenance Section of the approved final WQMP shall be recorded
with County's Recorder Office and a conformed copy shall be provided to the Public
Works Department.
10. Storm drain/retention area 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.
11. Submit a PM10 application for approval. The applicant shall comply with all provisions
of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
12. Identify all proposed and existing utilities on the precise grading plan.
13. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide when
designing plans. Landscape plans must meet the following criteria:
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PLANNING COMMISSION RESOLUTION NO. 2595
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
g. Landscape to be maintained into perpetuity per approved landscape document
package.
14. Any deviation from the approved plans shall be reviewed for approval by the City
Engineer prior to work commencing.
15. Proposed easement quitclaims/abandonments and new easements shall be
recorded before building permits are issued.
DEPARTMENT OF BUILDING AND SAFETY:
1. This project shall comply with the latest adopted edition of the following codes:
A. 2010 California Building Code and its appendices and standards.
B. 2010 California Plumbing Code and its appendices and standards.
C. 2010 California Mechanical Code and its appendices and standards.
D. 2010 California Electrical Code.
E. 2010 California Energy Code.
F. 2010 California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. 2010 California Fire Code and its appendices and standards.
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
3. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safety for plan review of the site accessibility requirements
as per 2010 CBC Chapters 11A & B (as applicable) and Chapter 10.
4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
5. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
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PLANNING COMMISSION RESOLUTION NO. 2595
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
7. Public pools and spas must be first approved by the Riverside County Dept of
Environmental Health and then submitted to Dept of Building and Safety. Pools and
Spas for public use are required to be accessible.
8. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
9. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
10.Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
RIVERSIDE COUNTY FIRE DEPARTMENT:
1. The Fire Department requires the following fire protection measures be provided in
accordance with the City of Palm Desert Municipal Code, 2007 California Building
and Fire Codes with applicable NFPA and or any other nationally recognized Fire
Protection Standards. The Fire Department shall set the minimum fire flow for the
remodel or construction of al buildings per California Fire Code Appendix B.
2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi
residual pressure from a permanently installed Fired Hydrant before any combustible
material is placed on the job site.
3. The applicant shall provided proof the existing water system is capable of providing
the minimum necessary gpm fire flow for 3000 gpm for commercial buildings prior to
any project approvals.
4. The applicant shall provide the required fire flow from a permanent wet Barrel Super
Hydrant with 1-4" and 2-2'/2" discharge outlets located not less than 25' and no more
than 150' from any portion of a commercial building prior to any building permits
approvals.
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PLANNING COMMISSION RESOLUTION NO. 2595
5. The applicant shall submit water plans to be reviewed and approved by the Fire
Marshal and include verification that the water system is capable of providing the
required fire flow.
6. The applicant shall 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 fire appliances including Post Indicator Valves, Fire
Department Connections and Fire Hydrants. All Fire Appliances shall not be within
25 feet of a building and all Fire Department Connections shall be within 50 feet of a
Fire Hydrant.
7. All valves controlling the water supply for automatic sprinkler systems and water -flow
switches shall be monitored and alarmed per the 2007 California Building and Fire
Code.
8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring
system as required by the 2007 California Building and Fire Code.
9. The applicant shall install portable fire extinguishers as per NFPA 10. The applicant
shall install a minimum of 1-2A1OBC Fire Extinguisher for every 3,000 square feet, 3'
to 5' above grade with no more than 75' walking distance from any point of the
business to the extinguisher. The applicant shall install a "K" class fire extinguisher
as required for commercial kitchens within 30' of the hazard area.
10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96 for
all public commercial and private cooking operations with the exception of a single-
family residence.
11. The applicant shall install an all weather Fire Department accessible roadway
extending to any portion of the building where as a 150' hose lay can be utilized for
the inaccessible building perimeter. Construction type of the same shall be approved
by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be accepted. Fire
lane access roadway minimum width is 20' and height clearance is 13'6" Public
roadway minimum unobstructed width is 36' with parking on both sides. A Fire
Apparatus Turn around shall be provided for dead end streets in excess of 150' in
length with approved cul-de-sac or hammer head dimensions.
12. Knox access devices shall be provided as follows:
• A Knox Padlock for every manual gated entrance.
• A Knox Box for each individual commercial building.
13.The applicant shall install an illuminated building address in accordance to the city
standards for size and location. The building address shall be installed on the
building in an unobstructed locale and the color shall be contrasting to background.
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PLANNING COMMISSION RESOLUTION NO. 2595
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14.The applicant shall submit three sets of the following plans for review including
tenant improvement:
• Fire Alarm System
• Sprinkler System
• Fire Main Underground
• Hood Suppression System
• Site Plan to Scale
15. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within 12 months.
16.Construction plans must reflect all new or relocated hydrants, PIV and FDC
locations.
17.The applicant shall provide secondary access for a dead end single access roadway
exceeding 500' and or mitigate with sprinklers or other means approved by the Fire
Marshal. Under no circumstances, shall dead end roadways over 1,300' be
accepted. Secondary access can be accomplished by two main access points from
a main roadway or an emergency gate from an adjoining development.
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