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HomeMy WebLinkAboutRes No 2693PLANNING COMMISSION RESOLUTION NO. 2693 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A SPECIFIC PLAN, PRECISE PLAN, A CONDITIONAL USE PERMIT, AND A TENTATIVE PARCEL MAP TO ESTABLISH THE MONTEREY CROSSINGS COMMERCIAL CENTER LOCATED ON 18 ACRES NORTH OF DINAH SHORE DRIVE, EAST OF MONTEREY AVENUE, AND BOUND BY UNION PACIFIC RAILROAD TO THE NORTH AND EAST CASE NOS: SP/PP/CUP/EA 16-188 & TPM 37157 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 the Planning Commission did find the following facts and reasons exist to justify the approval of said request: 1. The Monterey Crossings Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossings Specific Plan is compatible with adjacent properties and surrounding uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossings Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. 4. That the proposed Tentative Parcel Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. PLANNING COMMISSION RESOLUTION NO. 2693 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a mitigated negative declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. Findings for Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The project includes a mix of commercial uses and intensities ranging from drive-thru restaurants, pad buildings, general retail, and automotive services. In addition, hospitality facilities for up to two hotel sites are provided with the project area. The General Plan identifies the project area as being within the "Regional Retail District" and encourages the mix of "large -format retail, commercial services, and lodging." As it relates to General Plan Land Use Goal 1 and 2, the project provides a scale of development suitable for the Monterey Avenue corridor and provides a pedestrian focus by providing interconnecting pedestrians paths and sidewalks both internally to the project and externally to the surrounding developments. Specifically, the project complies with Land Use policy 2.9 "Commercial Requirements" in that building frontages are sidewalk adjacent, vehicle intrusions across sidewalks are minimized, and an outdoor plaza and dining areas are provided. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel map has been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for the type of development. The 18-acre site located at the northeast corner of Monterey Avenue and Dinah Shore Drive is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the project site. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing regional commercial centers in the vicinity have successfully constructed similar types of development and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically 2 PLANNING COMMISSION RESOLUTION NO. 2693 suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Mitigated Negative Declaration. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by regional commercial centers to the south, southwest, and west, and the Union Pacific Railroad to the north. As proposed, the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan includes commercial and hotel development within the project area at heights and intensities similar to existing commercial and hotel uses in the vicinity and along Interstate 10 in the City of Palm Desert. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the parcel map is in compliance with all grading, drainage, shared vehicle access and parking requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways. Mitigation measures are also in place to minimize air and noise impacts from the adjoining railroad and freeway. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will utilize and enhance existing drainage and electrical distribution easements located within and adjacent to the project site. The parcel map identifies the use of this area and will record an easement for 3 PLANNING COMMISSION RESOLUTION NO. 2693 drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will make modifications to Dinah Shore Drive for project access. In addition, the developer and the City will make modifications to the existing signalized intersection of Monterey Avenue and Dinah Shore Drive to accommodate any increased traffic demand. Pedestrian connections are provided throughout the project area and an enhanced pedestrian plaza is provided at the intersection of Monterey Avenue and Dinah Shore Drive. 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 approve SP/PP/CUP/EA 16-188 and TPM 37175, 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 4th day of April 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: NANCY D LUNA, CHAIRPERSON RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2693 CONDITIONS OF APPROVAL CASE NOS. SP/PP/CUP/EA 16-188 and TPM 37157 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record Tentative Parcel Map 37175 within two (2) years of project approval. Construction of improvements, in accordance with the approved Specific Plan and Precise Plan, shall commence within two (2) years from the date of approval unless a time extension 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 the approved Specific Plan and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire 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. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to the State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 5 PLANNING COMMISSION RESOLUTION NO. 2693 7. Land uses identified in the City's Planned Regional Commercial zoning district and Freeway Commercial Overlay Zone are permitted within the Specific Plan boundaries. 8. Each developable building pad shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 9. All building pads shall develop in a manner consistent with the development standards contained in the Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code. 10. All future building development within the project site shall generally conform to the architectural renderings provided in the Specific Plan and Precise Plan applications. Building design deviations are permitted, but shall conform to the architectural guidelines and colors and material samples provided for in the Specific Plan. 11. Architectural plans for Buildings 5, 6 and 8, and the pedestrian plaza at the intersection of Monterey Avenue and Dinah Shore Drive were approved by the City's Architectural Review Commission. All other buildings within the Specific Plan shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for final approval. 12. All Architectural Review applications shall include a line of sight study from high, medium, and low points along Monterey Avenue and Dinah Shore Drive to confirm that all roof -mounted equipment is properly screened from surrounding roadways. 13. Parcels 2, 9, 10, and 11, may propose alternative land uses and site design other than those identified in Tentative Parcel Map 37157. Land uses and site design shall conform to the language provided for in the Specific Plan, including that any alternative land uses or site design does not exceed the P.M. Peak trip budget identified in the Traffic Impact Analysis prepare for this Specific Plan. Any alternative plans shall be reviewed in accordance with the Specific Plan and by the Community Development Director. 14. All drive -through restaurant queues, and automotive service and repair bays, shall be screened from public views along Dinah Shore Drive. Screening methods shall include block walls, landscape mounding, and landscape hedges. Screening methods for these uses shall be identified in the Architectural Review application. 15. Final landscape plans shall be prepared by a registered and licenses landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: 6 PLANNING COMMISSION RESOLUTION NO. 2693 A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. B. Planting plans must show the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications 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. 16. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on -site public art project within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 17. Lighting and photometric plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, parking lot, or other lighting types within the project area. 18. Any stand-alone hotels within parcels 2 and 9 shall have architectural details, massing, articulation, and forms appropriate for a stand-alone building. Architectural details shall be reviewed by the City's Architectural Review Commission in accordance with this condition. 19. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: 20. The parcel map shall be submitted to the City Engineer for review and approval. 21. Easements for drainage, reciprocal access, parking, sidewalk and public utility purposes shall be required on the parcel map. 22. Right-of-way, as may be necessary for the construction of required public improvements, shall be provided on the parcel map. 23. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 24. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 25. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 7 PLANNING COMMISSION RESOLUTION NO. 2693 26. Prior to City Council approval of final Tentative Parcel Map 37157, the applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements including but are not limited to: A. The traffic signal modification at Toni and Dinah Shore Drive. B. Construction of an 8' curb adjacent sidewalk on Dinah Shore Drive. C. Median modification on Dinah Shore Drive per design approved by the Public Works Department. D. Traffic signal vehicle detection and striping modification on Dinah Shore Drive for an eastbound triple left turn and dual westbound left turn lanes on Monterey Avenue. 27. Tentative Parcel Map 37157 shall retain to the 100-year storm. 28. 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. 29. Identify all proposed and existing utilities on the precise grading plan. 30. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 31. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 32. 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 a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County's Recorder Office and a conformed copy shall be provided to the Department of Public Works. 33. 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. BUILDING AND SAFETY DEPARTMENT: 34. Development of this project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. 8 PLANNING COMMISSION RESOLUTION NO. 2693 B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 35. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 36. 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 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 37. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 38. 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. 39. 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. 40. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 41. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 42. 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. 43. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 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 PDMC Section 15.28 from the Department of Building and Safety counter staff. 9 PLANNING COMMISSION RESOLUTION NO. 2693 44. Please contact Cherie Williams, Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 45. The project may have a cumulative adverse impact to 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 increases presence of structures, traffic and population. This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 46. 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 the building permit issuance. 47. Fire Department water systems(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. Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. 10