HomeMy WebLinkAboutRes No 2688PLANNING COMMISSION RESOLUTION NO. 2688
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
AND APPROVING A PRECISE PLAN AND CONDITIONAL USE PERMIT TO
DEMOLISH AN EXISTING RETAIL BUILDING AND CONSTRUCT A NEW
13,526-SQUARE-FOOT THREE-STORY MIXED -USE RETAIL/RESIDENTIAL
BUILDING LOCATED AT 73-690 EL PASEO
CASE NO: PP/CUP 16-194
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of January 2017, hold a duly noticed public hearing to consider the request by
Miguel Ruiz for approval of the above noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 25th day of October 2016, approved the architectural building design of
the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental
Quality Act," Resolution No. 2015-75, in the Director of Community Development has
determined that the proposed project is an Article 19 Class 32: In -fill Development Projects
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the Downtown (D) zoning district, the
Scenic Preservation Overlay, and the EI Paseo Overlay District; and
WHEREAS, the proposed project is compatible with the uses along El Paseo and
provides an upscale building design that will attract tourists and shoppers with the retail
uses, and residents who desire to live in an urban setting along El Paseo. The residential
units will also increase pedestrian traffic along EI Paseo by providing a year-round or
seasonal renter for shopping and dining experiences; and
WHEREAS, the proposed project conforms to the "City Center/Downtown"
designation within the General Plan by creating a walkable neighborhood building along El
Paseo; 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, which are outlined in the staff report reasons to
approve the said request:
PLANNING COMMISSION RESOLUTION NO. 2688
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 the site is located.
The site is located within the Downtown (D) zone, the Scenic Preservation Overlay
District (S.P), and the El Paseo Overlay District (E.P.). The Downtown zone
introduces urban, mixed -use buildings up to three -stories tall along El Paseo where
the ground floors accommodate retail and restaurant uses, while upper floors
accommodate residential and office uses, subject to a Conditional Use Permit
(CUP). The zoning districts are also designed as a pedestrian specialty
retail/personal services that attracts and sustains pedestrian interest. The proposed
project establishes a land use that provides an upscale building design that will
attract tourists and shoppers with the retail uses, and residents who desire to live in
an urban setting along El Paseo. The residential units will also increase pedestrian
traffic along El Paseo by providing a year-round or seasonal renter for shopping and
dining experiences. The proposed project is in keeping with the zone and overlay
districts, adjacent uses, and meets the City's Strategic Plan by creating a walkable
neighborhood building along El Paseo. The building as designed offers an upscale
architectural design that reflects the vision of El Paseo. The retail businesses will
operate in the same manner as the other retail uses along the street. The residential
uses will not interfere with parking as determined by staff and the proposed use
would complement the adjacent retail business uses and the other restaurants along
El Paseo and in the vicinity. Furthermore, the project does not physically divide an
existing community.
It can be determined that the approval of this CUP is consistent with the existing
uses of the site, is consistent with the permitted and conditionally permitted uses
listed for the zoning district, and conforms to all development standards contained in
the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under which it
would 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 conditional use is adjacent to properties with similar zoning
designations and commercial uses. The surrounding area, which was improved with
existing buildings and parking lots, has been operating for years with various
commercial retail uses. The proposed mixed -use building is the first of its kind along
El Paseo, but is a permitted use identified within the zone. The residential uses
should be compatible and will not create a negative impact such as noise to the
adjacent businesses. Additionally, based on the amount of parking within Presidents
Plaza east, staff believes that there is adequate parking available, and the need for
overnight parking will not create a public nuisance.
Building improvements and site operations will comply with all building, life safety
and environmental standards during construction and continued operations,
including: dust mitigation, storm water discharge, health licensing, and fire
prevention strategies. All building and site improvements will comply with the
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PLANNING COMMISSION RESOLUTION NO. 2688
Americans with Disabilities Act (ADA). Therefore, the conditional use, building and
site improvements will not be detrimental to public health, safety, or welfare, and will
enhance surrounding properties rather than detract from them.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed CUP to allow residential units on the second and third floors and
construction of the new three-story building will comply with all applicable
development standards for building setbacks and height restrictions, parking
requirements, and operational standards contained in the zoning code. The
proposed use does not require approval of any variances or adjustment.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's general plan.
The City's General Plan designates this property as "City Center/Downtown", which
allows a variety of civic, cultural, entertainment, retail, restaurants, and other
commercial services organized along walkable streetscapes. Staff believes that the
proposed project will attract tourists and shoppers with the retail uses, and residents
who desire to live in an urban setting along El Paseo and will create pedestrian
traffic year-round or seasonal renter for shopping and dining experiences. The
proposed project is in keeping with the General Plan by creating a walkable
neighborhood building along El Paseo. Furthermore, the project does not physically
divide an existing community, and does not conflict with any applicable land use
plan, policy, or regulation outlined in the General Plan.
Additionally, the General Plan includes a Commercial Core Area Specific Plan that
includes commercial properties along El Paseo and other parts of the City. The
overarching goal of the Specific Plan is to "maximize the project area's potential for
high quality economic development compatible with Palm Desert's overall
community goals and self image." The proposed use complies with the Commercial
Core Specific Plan as they make a substantial investment into the building along El
Paseo.
The City's Strategic Plan also states priorities for El Paseo identified in the City's
Strategic Plan, including the following:
Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining,
lodging, and housing."
Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle."
Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm
Desert that would include residential, retail, services and employment centers, and
parks, recreation and open space to reduce the use of low occupancy vehicles."
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PLANNING COMMISSION RESOLUTION NO. 2688
The proposed use is in keeping with the General Plan and the vision within the
General Plan, and meets the City's Strategic Plan and emphasizes on creating a
"city center/downtown."
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve PP/CUP 16-194, subject to
conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 17th day of January 2017, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
AO- )
NANCY DECUNA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2688
CONDITIONS OF APPROVAL
CASE NO: PP/CUP 16-194
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. 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.
3. Construction of said project shall commence within two years 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.
4. Any proposed changes to this Precise Plan and Conditional Use Permit will require an
amendment to the application, which will result in a new public hearing.
5. 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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
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.
6. 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.
7. Parking for the residential units, including overnight parking shall only occur within
Presidents Plaza east. At no time, can the applicant or renter post signage stating
renter(s) parking only.
8. Any storage, displays, or items on the residential balconies that are determined by the
City as public nuisances as defined in the Palm Desert Municipal Code shall be
removed.
9. The Planning Department must approve the final design of the east elevation wall before
any building permits are issued.
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PLANNING COMMISSION RESOLUTION NO. 2688
10. The small dedicated landscape pocket areas within the balconies facing El Paseo shall
not be removed for additional patio area and must be used for decorative landscaping
materials.
11. The applicant shall add decorative lighting fixtures on the rear of the building facing
Presidents Plaza east. The lighting must be reviewed and approved by the Planning
staff, and the building mounted lighting fixtures shall conform to the City's Outdoor
Lighting Ordinance.
12.If the ceiling heights within the building must be raised to accommodate ducting,
mechanical equipment, and all other related building materials; the building must be
reviewed and approved by the City's Architectural Review Commission.
DEPARTMENT OF PUBLIC WORKS:
13. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
14. The grading plan shall identify all proposed and existing utilities.
15. The applicant shall 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.
16. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
17. Changes to the approved site plan may generate additional conditions of approval.
18. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
19. The applicant shall ensure that the sidewalk on El Paseo is ADA compliant and shall
make modifications as needed.
DEPARTMENT OF BUILDING & SAFETY:
20. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Plumbing Code and its appendices and standards.
C. 2013 California Mechanical Code and its appendices and standards.
D. 2013 California Electrical Code.
E. 2013 California Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24, California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2688
H. 2013 California Fire Code and its appendices and standards.
21. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
22. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
23. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building & Safety for plan review of the site accessibility requirements as
per 2013 BCB Chapters 11A & B (as applicable) and Chapter 10.
24. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. 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.
25. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
26. 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.
27. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
28. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
DEPARTMENT OF FIRE:
29. Fire Department Plan Review. Final fire and life safety conditions will be addressed
when building plans are reviewed by the Fire Prevention Bureau. These conditions will
be based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
30. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
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PLANNING COMMISSION RESOLUTION NO. 2688
31. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
32. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
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