HomeMy WebLinkAboutCC RES 79-125• � .'�
RESOLI!T:ON N0. 79-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, MAKING A FINDING AND
ISSUING A STATEMENT OF OVERRIDING CONSIDERATIONS
PERSUANT TO CEQA, FOR THE ACTION CONTAINED HEREIN
APPROVING A DEVELOPMENT PLAN, FOR A REGIONAL
SHOPPING CENTER, A CONDITIONAL USE PERMIT FOR
A PARKING LOT AND FIRE STATION, AND PRELIMINARY
DESIGN REVIEW CASE ON APPROXIMATELY 62 ACRES
LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION
OF HWY 111 AND EL PASEO.
CASE NOS. DP 12-79, CUP 06-79, 120C
WHEREAS, the City Council of the City of Palm Desert,
California, did on this 25th day of October , 1979, hold a
duly noticed Public Hearinc to consider the request of ERNEST W. HAHN,
INC., for approval of a Development Plan for a Regional Shopping Center
on approximately 46 acres in the P.C. (3), S.P. Zone District, a Conditional
Use Permit to allow a commercial parking lot and Fire Station on the pro-
perty proposed to be zoned R-3 (9), S.P. and Preliminary Design Review of
the project on property totaling approximately 62+ acres located at the
northeast corner of the interesection of S.R. 111 and E1 Paseo, more
particularly described as:
Portion of APN 629-030-004
APN 629-060-013
WHEREAS, said applications have complied with the require-
ments of the "City of Palm Desert Environmental Quality Procedure, Resolution
No. 78-32", in that the Director of Environmental Services has determined
that the project may or will have a significant adverse effect on the
environment and an Environmental Impact Report (EIR) has been prepared;
WHEREAS, the City Council has certified the final EIR
which identifies significant effects of the project;
WHEREAS, the City Council does hereby declare its findings
relative to the sic�nificant effects identified, and does state overriding
considerations for project approval;
WHEREAS, the Planning Commission by Resolution No. 536,
has recommended approval of said cases subject to conditions; and,
4JHEREAS, the City's Design Review Board has considered the
design aspects of the project and have recommended several conditions which
have been incorporated into the Conditions of Approval; and,
_ WHEREAS, at said
the testimony and arguments of
said City Council did find the
described below:
1. Development Plan:
Public Hearing, upon hearing and considering
all interested persons desiring to be heard,
following facts to justify their actions as
a) The proposed project conforms to the intent and purposes of
the PC Zone District.
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b) The proposed project is well suited for the specific site
and is compatible with existing and proposed development
in the area.
c) The proposed project will not be detrimental to the health,
safety, and general welfare of the community.
CITY COUNCIL RES01 T �N NO.J��S •,
2. Conditional Use Permit:
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Page -2-
a) The proposed parking lot and Fire Station are compatible
to the objectives of the Zoning Ordinance.
b) The proposed location will not be detrimental to the Public
health, safety or welfare or be materially injurious to
properties or improvements in the vicinity.
c) The proposed uses comply with the goals, objectives and
policies of the City's General Plan.
Design Review:
a) The proposed development conforms to all legally adopted
development standards.
b) The design and location and its relationship to neighboring,
existing or proposed development and traffic is such that
it will not impair the desirability of investment or
occupation in the neighborhood.
c) The design and loc�tion of the proposed development is in
keeping with the character of the surrounding neighborhood
and is not detrimental to the harmonio��s, orderly and
attractive development contemplated by the City Zoning
Ordinance and General Plan of the City.
d) The design and location of the proposed development would
provide a desirable environment for its occupants, as well
as for its neighbors and that it is aesthetically of good
composition, materials textures, and colors.
e) The overall development of the land has been designed to
ensure the protection of the public health, safety and
general welfare.
WHEREAS, the City Council, because of the importance of this
project to the community and the fact that all the applications are so
closely related, has considered all the requests and the Planning Commission's
recommendations and decisions, instead of just a Change of Zone (CZ 08-79)
as specified by the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Palm Desert, California, as follows:
1. That the above recitations are true, correct, and constitute the
findings of the council in these cases.
- 2. That it does hereby approve the above described Development Plan
12-79, Conditional Use Permit 06-79, and Preliminary Design
Review Case 120 C, for the reasons set forth in this Resolution
and subject to the attached conditons labeled Exhibit "A".
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3. That the City Council will assume responsibility for the cons-
truction of the projects listed in Exhibit B attached hereto
subject to the City obtaining a Federal Grant. Approval of
this project shall be conting��nt upon construction of the projects
listed in Exhibit "B".
4. That it does hereby render "findings" as required by the California
Environmental Quality Act, as found in Exhibit "C"; issues a
Statement of Overriding Considerations" contained in Exhibit "D";
and, incorporates the administrative record and environmental
documentation in support of these findings and statement by
reference.
PASSED, APPROVED and ADOPTED at a regular meeting of the
CITY COUNCIL RESOL''T��N N0. 79-125 ,
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Palm Desert City Council held on this 25th
1979, by the following vote, to wit:
Page -3-
daY �� October ,
AYES: Brush, McPherson, Newbrander, Wilson & Mullins
NOES: None
ABSENT: None
ABSTAIN: None
1
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ATTEST:
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7 � / / i ,,l� "7��
SH I A R. GILLIGAN, Cit Clerk
City of Palm Desert, California
/lr
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S, Mayor
CITY COUNCIL RESOLU�IiUN N0. 79-125
EXHIBIT "A"
I. Standard Conditions:
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1. The development of this project shall conform substantially to
all plans submitted in behalf of these cases and as revised
according to the Design Review Board process and/or Planning
Commission action. Any minor changes require approval by the
Director of Environmental Services. Any Substantial change
requires approval by the Planning Commission.
2. All requirements of any law, ordinance, or regulation, of the
State, City, and any other applicable government entity shall
be complied with as part of the development process.
3. This approval is applicable, subject to the development of
this project, commencing a�ithin one year from approval date
and being promptly completed.
4. Any roof mounted, exhaust, or air conditioning equipment shall
be fully concealed from view from any public rights-of-way and
adjoinfng properties by architecturally integrated r�eans.
5. Construction plans shall be submitted for approval to the City
Fire Marshal prior to issuance of building permits. Al1 con-
ditions shall be made a part of construction and no certifi-
cate of occupancy shall be issued until completed.
6. Curb, gutter, sidewalk or approved pathways, and tie-in paving
shall be provided in conformance with City Standards and/or
�s required by the Director of Public blorks.
7. The Fire Protection Requirements as specified in the Fire Mar-
shal's memo dated September 20, 1979
__ , attached hereto, shall apply.
8. 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:
Riverside County Department of Health
Palm Desert Design Revie�•r Qoard Process
Ci ty Fi re ��larshal
Coachella Valley County Water District
Caltrans
Evidence of said permit or clearance from the above agencies
CITY COUNCIL RESOLUTtUN N0. �g-125
EXHIgIT "A"
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Page -2-
shall be presented to the Dept. of Building and Safety at
the time of Issuance of a building permit for the use con-
templated herewith.
9. Applicant shall pay fees into the Palm Desert Planned Local
Drainage Facilities Fund in an amount to be determined by the
provisions of Ordinance No. 175.
10. Prior to the issuance of any City permits for the commencement
of construction on said project, the applicant shall agree in
writing to these Conditions of Approval.
11. No development shall occur on the subject property prior to the
recordation of a Parcel Map.
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5
CTTY COUNCIL RESOLUl �..�r N0. 79-125
EXHIQIT "A" Page -3-
II. SPECIAL COPdDITIONS:
A. Roadway Improvements
1. West of Monterey Avenue to the Palm Valley Channel, S.R. 111
shall be widened to provide a six-lane, divided cross section
in a manner acceptable to the Director of Public Works. The
center median shall be of sufficient width to accomodate east-
bound-to-northbound dual left-turn lanes at the Palm Desert Town
Center entrance opposite Plaza Way and at E1 Paseo. The applicant
shall be responsible for full improvements in this area including
curb, gutter, pedestrian/bicycle path north side only and raised
center median.
2. The applicant shall fully improve E1 Paseo from Painter's Path to
44th Avenue on the basis of a 100 ft. right-of-way. Improvements
south of Hwy 111 shall include center curb, gutter, raised center
median, appropriate controlled left-turn pockets, and appropriate
controlled right-turn pockets, and paving in a manner acceptable
to the Director of Public Works. Improvements north of Hwy 111 shall
include curb, gutter, raised center median, pedestrian/bicycle path
east side only, and paving in a manner acceptable to the Director of
Pub1ic Works.
3. The applicant shall provide the following specific intersection im-
provements in a manner acceptable to the Director of Public Works:
a. At S.R. 111 and Monterey Avenue/S.R. 74, dual left-turn lanes
shall be provided on both the north�ound and southbound inter-
section approaches.
b. At S.R. 111 and E1 Paseo, a separate right-turn lane with
separate turn arrow shall be provided on the southbound approach.
4. The applicant shall provide for the installation of full traffic sig-
nalization of a design acceptable to the Director of Public l�'orks at
the following locations:
a. S.R. 111 and E1 Paseo;
b. S.R. 111 and Plaza 4Jay;
c. Monterey Avenue and San Gorgonio Way;
d. Signal modification at S.R. 111 and S.R. 74; and S.R. 111
and 44th Avenue;
e. 44th and E1 Paseo, when it meets warrants as determined by the City;
CITY COUNCIL RESOLUT�.,., N0. 79-125
EXHIBIT "A"
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Page -4-
f. The interconnection of signals on S.R. 111 at 44th Avenue,
E1 Paseo, Plaza Way, S.R. 74, Bob Hope Drive.
5. The applicant shall improve Rancho Grande Road and Fairhaven for the
full frontage of the subject property. Improvements shall consist of
curb, gutter and pavement in a manner acceptable to the Director of
Public Works. The pavement width shall be 32 feet.
6. All required street improvements listed above which involve street
intersections shall include al1 necessary improvements related to said
intersections including, but not limited to spandrels, cross, gutters,
catch basins, handicap ramps, traffic signs and safety lighting.
*7. The applicant shall install landscap�ng and it�rigat�on system in all
proposed raised center medians required in the conditions. The design
of said improvements shall be subject to the approval of the City's
Design Review Board. Any landscape improvements within the State
Highway right-of-way shall also be subject to the approval of Caltrans.
*8. All proposed or required bicycle/pedestrian paths shall be a minimum
width of eight ft. and shall be a minimum of Portland concrete cement.
9. The applicant shall fully improve 44th Avenue from Monterey Avenue
(including the full intersection) to the Palm Valley Channel on the ba-
sis of 125 ft. right-of-way. Improvemer�ts shall include curb, gutter,
pedestrian/bicycle path south side only, raised center median, appro-
priate left-turn pockets, and paving in a manner acceptable to the
Director of Public Works.
* Recommended by Design Review Board
B. Relocations �
1. The applicant shall be responsible for working with the
C.V.C.1�t.D. to relocate their 800ster facility on Plonterey
Avenue.
C. Offsite Improvements
1. The developer shall contri5ute $500,000 to�•rard the improve-
ment of the Palm Valley Channel.
+ ,
CITY COUNCIL RESOLU�Ii�N N0. 79-125
EXHIBIT "A" Page -5-
2. In conformance with the City's Master Drainage Plan the
developer shall install the follo�•�ing improvements as approved
by the Director of Public 6lorks:
- a. Storm drain, as �esigned by a registered Civil Engineer,
along 44th Avenue from E1 Paseo extended to the Palm
Valley Cahnnel including related appurtenances of suf-
ficient size to provide for a future extension by the
City to the east,
*D. Site Plan Modifications
*l. The Project is considered a single project. All building
pads not constructed upon as a part of the first phase shall
be landscaped as approved by the Design Review Board.
*2. Prior to entering Plan Check, the applicant shall submit de-
tailed construction drawings to the Design Review Board for
consideration and approval. Said dra4�ings shall comply with
the Conditions of Approval herein, to the Conditions of all
related City approvals and all Municipal Codes. Said draw-
ings shall be comprehansive as to their compliance with the
submittal requirements as specified in the Boards application
form. The building permit, when issued, shall include all
� elements reviewed and approved by the Design Review Board.
No certificate of use and/or final clearance sha]] be given by
the Department of Environr�ental Services until construction is
in total compliance with the approved plans, shall have been
completed.
*3. In addition, the applicant shall submit particular detailed
plans, as part of the construction dra�•rings, for the follow-
ing items which the Board feels are of major concern:
a. Wall materials - both on the interior and exterior of
the project.
CITY COUNCIL RESOLUTIv�r N0. 79-125
EXHIBIT "A"
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Page -6-
b. Mechanical equipment locations, such as A/C uni�s.
c. Comprehensive sign program both exterior and interior.
d. Major entrances to the project.
e. Parking lot stripping plan.
f. TBA area including circulation.
g, Detailed study of parking and circulation north of
community facilities area.
*4. A decorative block wal1, 6 ft. in height, shall be provided
surrounding the C.V.C.W.D. Booster Station.
*5. The proposed decorative wall and landscape system along the
northerly boundary of the project shall be extended along
the exterior of the parking lot adjacent to Fairhaven Drive
and along the northerly property line westerly to E1 Paseo,
and southerly along Monterey Avenue a sufficient distance
to buffer the proposed TBA building.
*6. The parking lot lights immediately adjacent to the project
shall be shielded so as to prevent glare on the adjacent pro
per�ies or public streets.
7. Provide parking on the basis of 5.5 spaces/1000 SF GLA or
3,978 spaces except that the Planning Commission does reserve
in flexibility of 10°� of the required spa�es to provide for
additional landscaping and handicap spaces.
*8. Al1 parking spaces shall be a minimum of 9' X 20' in size.
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All traffic circulation aisles shall be a minimum of 16 ft.
for one way drives and 24 ft. for t��o way drives.
*9. Al1 landscape planters in the parking lot shall be a minimum
of 4 ft. in width and shall have a border of a 6" concrete
curb.
*10. Al1 parking spaces shall be stripped with a double or hair-
pin lines.
*11. All light standards shall be a maximum of ten ft. in height,
and utilize lotir or high pressure sodium vapor lights.
CITY COUNCIt RESOLUTT�" N0. 79-125 . Page -7-
EXHIBIT "A" "
*12. The proposed TBA building shall be relocated to ►•rithin ]5 ft.
of the north property line. No open�ngs for said building
shall be permitted on the north face of this building.
*13. A driveti•�ay opening shall be provided from the Sandy's Restau-
rant parking lot to the shopping center parking lot subject
to fihe o�,�ner's of the Sandy's resiaurant agreeing to the modi-
fication of their complex to conform architecturally to the
shopping center.
*14. Submit detailed plan for wall and berm system proposed for
northern perimeter.
E.
*15. The theatres and adjacent parking area shall be restudied and
submitted to the DRB for revie�r.
*16. Department store ho. 4 shall be modified to provide for a
Planter (20 ft. wide desirable) along the east and north ele-
vation.
*17. Parking lot layout shall be modified to provide for all land-
18.
scaping as shown on preliminary landscape plan.
The proposed Fire Station site shall be of sufficicnt size to provide
for a headquarters Fire Station subject to approval of the County of
Riverside.
Landscape Design �'odification
*1. Modify use of Eucalyptus in parking lot and provide alternate
to the DRB for consideration as a part of the final iandscape
- plan.
,
*2. Provide color element (annuals, perennials) along perimeter
berms and around structure.
*3. Utilize Washingtonia Robusta and Filifera on north side of
structures and in end tree wells in south side oarking 1ot
(various heights) and in garden areas.
*4. Consider use of: Pinus t�londell
Pinus Canariensis
Pinus Pinea
Fraxinus Undei
Fraxinus (t•lajestic Beauty)
*5. Utilize ground cover (color) in parking lot tree wells.
CITY COUNCIL RESOLUTIu�� N0. 79-125
EXHIBIT "A"
Page -8-
*6. Prior to issuance of any building permits, a comprehensive
uniform landscape theme shall be developed for the planter
areas adjacent to mall and department szores and shall be
submitted for approval of the DRB. Said landscape planters
shall be designed to include a decorative low block wall, im
mediately adjacent to the sidewalk areas, and shall be mound�..
to a sufficient height adjacent to the building.
*7. The width of the landscaping adjacent to the building eleva-
tion is approved in concept, only. The minimum planter width
on the north and east side of the building complex should be 20
feet. The minimum planted width on the south side should be
10 feet. Said planters should include some raised planters
when necessary to help mitigate the building height.
*8. The TBA building shall be buffered by mature landscaping ad-
jacent to the building.
*9. That the landscaping adjacent to all building elevations sho
consist of mature evergreen and combination deciduous trees.
The landscaping shall be accomplished in such a manner as to
effectively soften building wall elevations.
*10. That the intersections of Highti��ay 111 and E1 Paseo and Plaza
Way and Highway 111 be treated, including extenslve land-
_ scaping, to provide a focal corner of the shopping cent�r.
*11,. That all retaining and screen walls shall consist of a decora-
tive block material complementing the exterior building ele-
vations.
*12. That all transformers for the shopping center shall be place
in screened service areas. All transrormers within parking
lot shall be placed underground.
*13. To provide for effective landscaping in the parking areas, the
following standards shall be met:
a. Adjacent to public streets, a c�inimum af 75`0 of the
trees shall be 24" box or larger in size at time of
installation. The re�ainder shall be a minimum of fif-
teen gallon in size at the time of installation.
CITY COUNCIL RESOLUTi�iV N0. 79-125
EXHIBIT "A"
Page -9-
b. 4Jithin the interior, a minimum of 60" of the trees
shall be 24" box of larger in size at time of in-
stallation. The remainder shall be a minimum of
fifteen gallon in size at time of installation.
F. Building Design Modifications
*1. The TBA building shall be designed as a contained structural
unit with no service bay openings exposed to the exterior.
*2. That a perspective drat•�ing reflecting the architectural
treatment and landscaping theme of the interior mall shall
be submitted to the DRB and Planning Commission.
*3. The TBA building and department stores shall be designed
to architecturally relate with the main building of the
shopping center. Refinement of the design of the specific
department stores shall be processed as an amendment to this
approval.
*4. As a part of the construction dra�,rings the app7icant shal]
provide an alternative material to the proposed Old Mission
Slumpstone (3) to the DRB.
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CITY COUNCIL RESOLUTi,...�VO. 79-125
EX}iIBIT "A"
G. Miscel�aneous Conditions
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Page -1G-
1. The designated community facilities shall be available to or-
ganized community groups at the option of the o�•rner. Said
facilities shall not be utilized or converted to commercial
purposes without the expressed approval of the Planning Com-
mission.
2. The utilization of the parking lot lights shall be limited to
the minimum night-time hours necessary for the operation of
the center.
*3. Signs for the exterior of the project shall conform to the
Municipal Code requirements with the following additional
limitations:
a. Use identification on the building shall be limited to
those uses which have individual, direct public access
to the exterior of the complex.
b. Pedestrian-oriented kiosk as approved by the DRB shall
be utilized to announce the mall tenants and special
events.
c. The Design Review Board will give special consideration
to any proposed theatre marquees to guarantee their in-
tegration into the design of the center.
d. The proposed center identification sign is not approved.
The applicant is directed to resubmit an alternation in
conformance with the hlunicipal Code as �a part of a conp-
,
rehensive exterior sign program.
e. The proposed store identification signs are acceptable
as to size and general configuration. Hoti•�ever, because
of the incomplete submittal they are not approved at t s
time.
f. All exterior signs shall be earth tones.
g. So as to promote imagination and variety, all signs 1Vlth-
in the mall itself shall not be constrainted by the �•luni-
cipal Code provisions of Chapter 25.68 Rather all mall
CITY COUNCIL RESOLUi.�N N0. 79-125
EXHIQIT "A"
Page -11-
signs shall be evaluated through the Design Revie�•� Pro-
cess on the basis of their compatability to the archi-
tectural themP of the specific ren�a] space in conjunc-
tion with the overall center architecture.
*4. The concrete pedestals upon which light standards are affixed
shall be of integral colored concrete or texture approved by
the Design Review Board.
*5. Various key sections of the parking lot area shall be treated
with decorative concrete or other innovative parking lot sur-
face materials.
*6. Each major department store shall have its separate loading
and service areas. Said loading areas shall be accomplished
in such a manner as to restrict visual access into these areas.
In addition, all service areas shall include oversized trash
receptacles and a trash compactor unit. The method of screen-
ing sha11 be subject to approvaT of the Design Review Board.
7. That all loading and unloading of inerchandise and deliveries
for the mall shops shall be conducted during off business
hours. The C.C. & R.'s shall be submitted for revies•� and
approval of the City Attorney and the Director of Environmental
Services.
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CITY COUNCIL RESOLUTlu�� N0. 79'125
EXHIBIT "A"
Page -12-
8. Prior to final Occupancy Permit being granted for any of the uses
contemplated by this epproval, the developer shall have a special
accostical report prepared to evaluate the building modifications
(if any) necessary to mitigate the traffic related noise experienced
by those d�relling units within the 65 DB CNEL roadway noise contour
adjacent to Monterey Avenue (between Hwy 111 and 44th Avenue); and,
the developer shall provide, at his expense, such mitigation measures
as deemed necessary to reduc e the interior noise levels of said dwelling
units to 45 DB ChEL. To this end, the developer shall submit a varified
list of the owners of all identified dwelling units to the Director of
Environmental Services; who shall contact those owners to coordinate
and gain permission for inspections and work to be accomplished. If
a property owner fails to give permission for inspection or work, the
developer shall be relieved of responsibility for that specific
property. The Director of Env�ronemntal Services shall have final �..
authority relative to the acceptance of the accustical analysis, and
the Director of Building and Safety shall have final approval authority
over any work which is to be accomplished as a mitigation measure.
AGREE`�ENT
I accept and agree, prior to use of this permit or approval, to co:�ply with all
the conditions set forth, and understand that the Department of Building and
Safety will not issue a building perc;it or allow occupanc)� on the use per^�itted
until this signed confirmation has been received by the Department of Environ-
mental Services.
(Date)
(�pplicant�s Signature)
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' CITY COU;�CIL RESOLUTI
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). 79-125'� '
RIVEP.SIC'E CCUNTY
FIRE DEPARTMENT
IN CUvPERATION WITH THE
CALIFORNIA DEPARTMENT OF FpRESTRY
DAVID L. FLAKE
COUNTY FiRE WAFDEN
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
September 20, 1979
Re: Case No: DP 12-79, CUP 06-79
C/2 08-79, 12o C.
Palm Desert Town Center
Dear Mr. Williams:
Page -13-
210 WEST SA�I JACINTO STREET
PERRIS. CALIFORNIA 92370
TELEPHONE (7t41 657-3t83
The following fire protection requirements are based on preliminary information
and may be subject to change as complete plans are received.
As you are aware, we have previously stated that a project of this size will
� have significant impact on our existing fire protection system,
In addition to the mitigation measures proposed in the Environmental Impact
Report, section 4.7.2, the Planning Commission and City Council should consider
the following:
�
l. Requiring the developer to provide adequate funding for construction of
the new fire station.
2. Requiring the developer to provide total or partial funding for the needed
fire apparatus
In addition to the above the following requirements shall apply:
1. Install a water system capable of delivering 5000 GPM fire flow for a
(five (5) hour duration in addition to domestic or other supply. The
computation shall be based upon a minimum of 20 psi residual operating
pressure in the supply main from which the flow is measured at the time
of ineasurement.
Continued
CITY COUNCIL RESOLUTI�..��0. 79-125 • Page -14-
Paul A. Williams
Director of Environmental Services
City of Paim Desert
9/20/79
Page 2.
2. Install Riverside County super fire hydrants so that no point of any
building is more than 150 feet from a fire hydrant measured along
approved vehicular travel ways.
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps sha]1 be painted green.
C. Curbs (if installed) shall be painted red 15 feet in either direction
from each hydrant.
D. Hydrants shall also be installed within 50' of all Fire Department
sprinkler and standpipe connections.
3. Prior to issuance of a building permit, the developer shall furnish the
original and three (3) copies of the water system plan to the Fire Marshal
for review. Upon approval, one copy will be sent to the Building Department,
and the original will be returned to the developer.
4. The water system plan shall be signed by a registered civil engineer and
approved by the water company, with the following certification: " I certify
that the design of the water system in Case Number DP 12-79 is in accordance
with the requirements prescribed by the Fire Marshal."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
6. All buildings shall be fully protected with an automatic sprinkler system
installed in accordance with N.F.P.A. �13.
7. A dry standpipe system shall be installed throughout the interior of the
pro�ect.
Other requirements will be established as detailed plans are received.
Sincerely,
DAVID L. FLAKE
County Fire Warden
, ,�_
BY � i�lc.,�y -/� �CC�"�^
David J. Ortegel�
Fire Marshal
te
cc: C.V.C.W.D. - J. Zimmerman
B. Cowie
M. Limon
CITY COUNCIL RESOLU�.�N N0. 79-125 '
EXHIBIT "B"
Page -1-
Exhibit B
PROJECTS TO BE DONE BY THE CITY SUQJECT TO
U.D.A.G. GRANT
1. Improve Monterey Avenue from S.R. 111 northerly to 44th Avenue on
the basis of 110 ft. right-of-way. Improvements shall include curb,
gutter, pedestrian/bicycle path, raised center median, appropriate
left-turn pockets and pavement in a manner acceptable to the Director
of Public Works.
2. West of Palm Valley Channel to Parkview, S.R. 111 shall be widened to
provide a six-lane, divided cross section in a manner acceptable to
the Director of Public Works. The center median shall be of sufficient
width to accomodate eastbound-to-northbound dual left-turn lanes at
44th Avenue for southbound to eastbound traffic. The full improvements
shall include curb, gutter, pedestrian/bicycle path north side only,
raised center median, and bridge widening.
3. To provide for the necessary widening on Monterey Avenue the City shall
acquire the following properties:
a. The service station at the northwest corner of the intersection
of Highway 111 and Monterey Avenue.
b. The two apartment buildings on the east side of Monterey
Avenue bet4reen Guadalupe Avenue and Catalina Way.
4. The City will construct the proposed fire station. Said construction
shall include full site and building improvements inclusive of landscaping
and adjacent street improvements,
5. The City shall acquire aerial fire fighting equipment as approved by
the County of Riverside Fire Marshal.
6. Existing utilities along the west side of hlonterey Avenue will
be placed underground by the City. Said undergrounding will extend
from the south side of the intersection of Highway 111 and Highti•tay 74
to the interesection of 44th Avenue and ��lonterey Avenue.
CITY COUNCIL RESOLUTI��� ��0. 79-125
EXHIBIT "B"
Page -2-
7. The Palm Valley Channel shall be improved to project flood standard
as approved by C.V.C.W.D, and the City from Hwy 111 to Rancho Las
Palr�as. Said improvements shall include, but not be limited to
reinforced concrete sides and bottom; and bridge crossing at Parkview
�rive.
8. Tn conformance with the City's Master Drainage P1an the City will
install the following improvements as approved by the Director of
Public Works: Intercept storm drains, as designed by a registered
Civil Engineer, from Highway 74 to the Palm Valley Channel along
Bursera Way and Pitahaya and at Homestead Road - including all
necessary appurtenances such as catch basins, curb and gutter, etc.
CITY COUIICIL RESOLUT N0. 79'i75 -
EXHIBIT "C" '
EXHIBIT "C"
Findings relative to significant effects identified in the Environmental
Impac t � eport .
I.
II.
III
IV
AIR QUALITY
Findings:
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the
final EIR.
Alternatives to the proposed project which would mitigate the
adverse effect on air quality include: a) No Project (avoid the
effect); and b) Project at a smaller scale (partial mitigation).
Both of these alternatives are deemed infeasible because: a) The
City of Palm Desert, the Desert Sands Unified School District and
County of Riverside would not benefit from the accrual of sales
tax and property tax revenues under the no project alternative;
and the benefit would be significantly reduced if the project was
reduced to a smaller scale; b) Valley residents would continue
to have an unmet demand for retail goods and services; and
c) Other air pollution control measures are beyond the scope of
the project.
TRANSPORTATIOPd/CIRCULATION
Findings:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR.
Traffic related impacts have partially been mitigated by incorpora-
tion of ineasures in the project proposal (see pages 35 to 39 of
the EIR); these, and additional measures necessary to establish
an adequate level of service are found in this Resolution:
Exhibit "A" , Special Condition Nos. A. 1 to 9; and, Exhibit "B",
Project items 1 to 3.
SURFACE WATER RUNOFF
Findings:
Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant environ-
mental effects thereof as identified in the final EIR
Measures to mitigate adverse project effects are indicated in the
EIR text revisions to pages 3 and 49; these measures are further
specified in this Resolution: Exhibit "A", Standard Condition
No. 9, Special Condition C.l and 2; and, Exhibit"B", Project items
7 and 8.
ENERGY
Findings:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR.
Energy consumption mitigation as a par
outlined in the EIR pages 3 to 4; and,
Code Requirements in this Resolution,
Condition No. 2, and Special Condition
t of the project, is briefly
addressecl'�y :"I�inici�al/Building
Exhibit "A", Standard
No. D.11.
- 1 -
CITY COUNCIL RESOLUTION N0. 79-125
E?�:HIBIT "C"
V. ECONOMIC LOSS (Seismic Activit
Finding:
Page two
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR.
Mitigation of economic loss from seismic activity is required by
the operation of current Municipal/Building Code requirements as
supported by this Resolution, Exhibit "A", Standard Condition No. 2.
VI. NOISE
Finding:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR. -
On-site and traffic related noise mitigation is partially addressed
by measures incorporated into the project in EIR pages 46-47; and,
further mitigated by this Resolution, Exhibit "A", Special Condition
No. D.S, 12 and 14� �nd P�iscellaneous Condition No. 8.
VII. LAND USE
Finding:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR.
Land use impact mitigation incorporated as a part of the project
proposal is indicated in the EIR, pages 26 and 27; and further
requirements are specified in this Resolution, Exhibit "A", Special
Condition No. D.S, 6, 12, 14, and F.1; Miscellaneous Condition No. 8.
VIII. POLICE
Finding:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIR.
Impacts on Police service are addressed by project measures found
in the EIR, pages 50 and 51; additional financial impacts are
mitigated by revenues received as described in the EIR and displayed
in the Initial Study Appendix, Page 120.
IX. FIRE
Finding:
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the final EIP,.
Project features related to the mitibation of fire impacts are sum-
marized in the EIR, page 6; other mitigation conditions are found
in this Resolution, E�hibit "A", Standard Condition Nos. 5, 7 and 8;
Special Condition No. D.18; and Exhibit "B", Project item nos. 4 and
5.
. - �•.
CITY COUNCIL RESOLUTI0�1 N0. 7g-125
EXHIBIT "C"
X. AESTHETICS
Finding:
Page three
Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant
environmental effects thereof as identified in the final EIP,.
Aesthetic mitigation considerations incorporated into the project
are indicated in the EIR, Page 29; other related aesthetic
conditions are contained in this Resolution, Standard Condition
No. 4, Special Condition No. D.3, S, 6, 13 and 16, E.1 to 13,
F.l to 4, rtiscellaneous Conditions No. 2 to 6; and Exhibit "B",
Project item no. 6.
. ,. �-.
CITY COUNCIL RESOLUTION N0. 79-125
EXHIBIT "D"
EXHIBIT "D"
STATET4ENT OF OVERRIDING CONSIDERATIONS
Page 1
The City Council of the City of Palm Desert, California, mindful of
its responsibility to balance the benefits of a proposed project
against its unavoidable environmental risks in determining whether
to approve the project, has considered the Environmental Impact Report
prepared in conjunction with the proposed Re�ional Shopping Center,
known by its project name "Palm Desert Town Center". The Council is
aware of documented adverse environmental affects which cannot be
avoided if the proposed shopping center is implemented; and, those
measures incorporated into or required of the project which minimize
adverse effects. In view of total set of ineasures required to mitigate
project impacts, the Council finds and determines that the social
benefit of a balanced community providing compatible and adjoining
residential, commercial, and civic facilities; the economic benefits
of increases in employment opportunities, tax revenues and centralized
commercial development as envisioned in the City P.edevelopment Plan;
and other benefits resulting from the implementation of the subject
P.egional Shopping Center, will outweigh any adverse environr�ental
effects which cannot be avoided or mitigated.
The City Council is aware of, and has considered, the alternatives
to the proposed regional center as set forth in the Environmental
Impact Report. In oeneral, the alternatives to the proposed project
are a center at a smaller scale, and no project. The Council finds
and determines that the social, economic, regional environmental and
other benefits of the proposed project, as approved, will prove more
advantageous and beneficial to the City, the subregional environs,
and the residents thereof, than the alternatives set forth.
The City Council finds that the proposed Regional Shopping Center,
with the imposition of conditions contained in this Resolution, wi11
not be materially injurious or detrimental to the oublic health,
safety or welfare, or to property in the vicinity of the regional
center.
1