HomeMy WebLinkAboutRes No 27091
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PLANNING COMMISSION RESOLUTION NO. 2709
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF
DESIGN AND TENTATIVE PARCEL MAP TO CONSTRUCT A NEW 6,800-
SQUARE-FOOT RETAIL BUILDING ON A NEW .18-ACRE PARCEL; AND
APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NOS. PP 16-396 AND TPM 37320
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of October 2017, hold a duly noticed public hearing to consider the request by
PCG Palm Desert, LLC, for approval of the above -noted project request; 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, a 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 this project is categorically exempt, under Class 32: In -fill Development
Projects, of the CEQA. Because of the categorical exemption, no further environmental
review is necessary; and
WHEREAS, the proposed project conforms to the Subdivision Map Act; and
WHEREAS, the project conforms with the Planned Commercial (PC-3) zone and
Scenic Preservation Overlay with the type of retail in -fill development; and
WHEREAS, the project maintains a land use pattern that provides an attractive
building design that will help update the shopping center. The project will also provide retail
options for the surrounding area and for the hotel guest within the Springhill Suites by
Marriott; and
WHEREAS, the General Plan encourages retail development along and around
major intersections such as Fred Waring Drive and Highway 111; and
WHEREAS, the project meets the intent and purpose of the Regional Retail District
within the General Plan by providing retail development along and around major
intersections such as Fred Waring Drive and Highway 111 that will serve the residents of
the community; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2709
Findinas of Approval:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The property is designated Regional Retail (RR) within the General Plan. The
designation is to provide a variety of large -format retail, commercial services, lodging,
entertainment, and restaurant activity along or around major intersections. The
proposed in -fill project falls within the intent of purpose of the RR designation by adding
a retail building along Fred Waring Drive within a large retail center that will serve the
residents of the community and the hotel on -site.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the proposed subdivision have been reviewed by the
Planning Department, Economic Development, Fire Department, and Public Works
Department for consistency with the General Plan and emergency services. The project
is part of a developed shopping center where all street and utility improvements,
circulation patterns, and drainage improvements have been constructed and meet all
requirements of the General Plan. All existing perimeter streets are in conformance with
the General Plan. There are no specific plans for the property.
3. That the site is physically suitable for the type of development.
The existing commercial site has been developed and in operation for over 20 years,
and the new .18-acre parcel will be suitable for the new retail building proposed.
Environmental and traffic studies were prepared for the original development and the
new project will not require additional studies. In addition, existing commercial
developments have successfully constructed similar types of development in the
immediate vicinity. No obstacles to development of surrounding sites were experienced
and, due to the proximity and similarity of the proposed development, it's reasonable to
conclude that the site is physically suitable for it.
4. That the site is physically suitable for the proposed density of development.
The property allows for in -fill commercial developments and the proposed density is
minor with a 6,800-square-foot building. Directly north, south, east, and west are
properties with similar uses, site layout, and density are consistent with surrounding
development.
5. That the design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injury to fish
or wildlife or their habitat.
For purposes of CEQA, the project is categorically exempt, under Class 32: In -fill
Development Projects. 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 land uses. In addition, the project will pay into the Coachella Valley
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PLANNING COMMISSION RESOLUTION NO. 2709
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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 are in compliance with all grading requirements and the
properties will be developed in accordance with the Uniform California Building Code.
Pedestrian access is provided along Fred Waring Drive.
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 parcel map identifies the use of this area, and the applicant is responsible for the
maintenance of the retention. Surrounding perimeter City streets are built -out to the
General Plan designation and the developer will complete minor improvements within
the existing commercial parking lot.
NOW, THEREFORE, BE IT ORDAINED 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 the Precise
Plan of design and Tentative Parcel Map 37320, as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 17t'' day of October 2017, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
NANCY DEL.UNA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2709
CONDITIONS OF APPROVAL
CASE NOS: PP 16-396 and TPM 37320
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. The applicant shall record Tract Map 37320 within two (2) years of project approval
unless a time extension is granted; otherwise, said approval shall become null, void and
of no effect whatsoever.
3. The Precise Plan shall expire, if construction of said project shall not 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 will require an amendment to the
application, which will result in a new public hearing.
5. 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 project and all Palm
Desert Municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
6. 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.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. 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.
9. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
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PLANNING COMMISSION RESOLUTION NO. 2709
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DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Parcel Map and any permits:
10. The final parcel map shall be submitted to the City Engineer for review and approval.
11. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to City of Palm Desert specifications.
12. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
13. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
14. 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.
15. Identify all proposed and existing utilities on the precise grading plan.
16. 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.
17. 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.
18. Prior to City Council approval of a final parcel map, 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 an ADA compliant ramp on Fred Waring Drive.
19. The street adjacent sidewalk on Fred Waring Drive shall remain 8 feet and the internal
sidewalk adjacent to the building shall be 6 feet.
20. The applicant shall make traffic modifications at the intersection of Desert Crossings
and Highway 111, which shall consist of removals of striping and loop detectors as well
as restriping for ingress and egress as directed by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2709
BUILDING AND SAFETY DEPARTMENT:
21. This project shall comply with the latest adopted edition of the following codes.
A. 2016 California Building Code and its appendices and standards.
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.
22. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
23. An accessible access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
24. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
25. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11B-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.
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 the 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.
29. Please contact Cherie Williams, Building and Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
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PLANNING COMMISSION RESOLUTION NO. 2709
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FIRE DEPARTMENT:
30. 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.
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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