HomeMy WebLinkAboutCC RES 80-058RFSOLUTION �TdO. 8�-58
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A RESOLUTION OF THE CITY COUrJCIL OF THE CITY OF
PAL'_`� DESEP.T, CALIFOF.NIA, SETTING FORTH A FUNDIN�
ATdD TIIZING PROGRAAZ TO P4EF.T THE REQUIRFD CONDITIONS
FOR TPE DEVELOPTiEP1T OF A P.EGIOPIAL SHOPPIr1G CENTEP.
AS PROVIDED IN P.�SOLUTIONS 79-124 ArdD 79-125.
WIiEREAS, City Council Resolution No. 79-124 announced findings
and certified a Final EIR for the Palm Desert Town Center; and
WHEREAS, City Council Resolution No. 79-125 made a finding and
issued a statement of overriding considerations pursuant to CEQA, approv-
iilg a development plan for a regional shoppin�; center, a conditional use
permit for a parking lot and fire station, and preliminary desi�n review
case; and
�•JIIEREAS, conditions placed upon the project as a result of
both resolutions contemplated approval of a federal UDAG Grant to the
County of P.iverside, with the City of Palm Desert and the Palm Desert
Redevelopment A�ency as principal beneficiaries; and
[�iEREAS, the City of Palm Desert had planned to meet its
responsibility to provide certain public improvements utilizing said
UDAG Grant funds; and
�dHEREAS, said UDAG Grant has not materialized and is not forth-
comin�, which has resulted in a need to develop an alternate funding and
timin� pro�ram; and
LIHEREAS, the City Council considers it mandatory that all
previously expressed rneasures required to miti;ate adverse environmental
impacts be implemented either as specified or in such a manner as to
nitigate to an equal or greater extent; and
[�-IEREAS, a pro�ram has been developed which carries out such
mitigation and meets conditions imposed upon both the developer and the
City by Resolution Pdo. 79-125.
NOW, THEREFOP.E, BE IT P.ESOLVED as follows:
l. That a funding and timing table for various conditions
previously placed upon the developer and the City, which is attached
hereto and made a part of Exhibit "A", is approved and adopted.
2. That a narrative description of each condition in Exhibit
"A", settin� forth the timing, funding, and method of attaining said
condition, attached hereto and made a part hereof as Exhibit "B", is
a�proved, adopted, and certified correct.
3. That Exhibit "A", to�;ether with Exhibit "B", constitute a
timin� and funding program which shall become a conditiori and require-
ment of development, and that said program, when implemented, will fu11y
meet all previous requirements of City conditions and environmental
impact mitiUations.
PASSED, APPP.OVED, and ADOPTED by the Ci,�y Council of the City
of Palm Desert, California, on this Sth day of June , 1980, by the
following vote, to wit: ,
AYES: rlcPherson,
NOES : idone
ABSErdT : �Vone
ABSTAIN: Puluqi
Newbrander, Snyder & Wilson
ATTEST: _
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" SIiEILA R. GIL�.IGAN , CI CLERK
CITY OF PALI� DESERT, ALIFORNIA
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K�SULU'1'lUN iJU. �U-5t5
�� EXHIBIT "B"
NARRATIVE DESCRIPTION OF CONDITION��
CONDITIONS UPOtd APPLICANT (From City Council �esolution No. 79-125,
Exhibit "A").
Improvements to Highway 111 from Monterey Avenue to Palm Valley
Channel: To be met by applicant.
Improvements to El Paseo from Painters Path to Avenue 44: To be
met by appli�cant.
Intersection Improvements on Hi�;hway 111 at Highway 74 and on
Highway 111 at E1 Paseo: To be met by applicant.
Traffic Signals on Highway 111 at El Paseo, Highway 111 and Plaza
Wa , T'Iontere and San Gor onio, and Avenue 44 and El Paseo when
warrante . A so, tra ic si�nal mo i ications at Highway and
Avenue 44. Also, traffic signal interconnection along Highway 111:
o be met by applicant.
Ir.lprovement of Rancho Grande Road and of Fairhaven Avenue: To be
met by applicant.
Improvements to Avenue 44 from tionterey to Palm Valley Channel
includin� intersection_at Plonterey: To be met by applicant.
Improvement of Palm Valley Channel: Under the ori inal conditions
of Resolution 79-125, the applicant was to make a�50�,000 cash
contribution to be used for unspecified improvements to the Palm
Valley Channel. Said money might have been used for engineering
design of the ultimate channel, for improvement of only a short
portion of the channel, or to be held in trust until sucYi time as
the entire channel can be built. None o.f these alternatives now
seem appropriate.
First, the U. S. Army Corps of Engineers has demonstrated increas-
ing interest in solving the flooding problems of the Whitewater
River basin. Public Hearings have been held, functional plans
selected, and detailed engineering study is underway. It is likely
that construction by the Corps of En�;ineers of the entire length of
the Palm Valley Channel will bebin by 1986. The entire cost of
design, en�ineering and construction is to be borne by the federal
government.
Second, Mr. John Tettemer, the City's own flood control consultant,
advises that it is difficult, expensive, and risky to build only a
portion of such a project. In anticipation of possible heavy flow
through a partially built channel, heavy and expensive protection
would be required to protect the upstream and downstream terminal
areas of the improved section. There is risk that such temporary
sections would not handle the flow, and even if they did, it would
require wasteful demolition and removal when the next section of
channel were built. It is not a practical way to.build a flood
control channel.
Finally, since inception of the Palm Desert.Town Center project,
the Federal Ffood Insurance Administration has issued a new Flood
Insurance P.ate i•1ap effective April 15, 1980. The map shows the
entire Palm Desert Town Center site, as well as all downstream
properties from the site, to fall in the "B-Zone". The B-Zone is
an extremely low risk zone, defined by the federal government as:
"Areas between limits of the 100-year flood and 500-year
flood; or certain areas subject to 100-year floodin�
with avera;e depths less than one (1) foot or where the
contributinp; drainage area is less than one square mile;
or areas protected by levees from the base flood."
In summary, if on-site drainage problems can be solved (see next
headin�), there is little rationale in spending lar�e sums of
noney on portions of the Pa1m Valley Channel now. Accordinly, the
responsibility for such improvement is reassigned to the U. S.
Army Corp's of Engineers for construction in 1986. _
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RESOLUTIOPI N0. 80-58 - ' ,
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EXHIBIT "B" (Continued) ` '
Storm Drain from the Site to Avenue 44 and in Avenue 44 to the
Palm Valley Channel:
Although the EIR suggested that one alternative for on-site drain-
age was the creation of a retention basin for the 25-year storm,
the selected design was to construct a storm drain from the north-
west corner of the site, northerly along El Paseo, thence westerly
along Avenue 44, and into the Palm Valley Channel. In addition to
the cost of the storm drain, the concept would require a$1,950,0�0
expenditure to deepen and improve the Palm Valley Channel from
Avenue 44 to Rancho Las Palmas, to be financed by the UDAG Grant,
since it was not a proper financial burden to be placed upon the
applicant.
The unavailability of UDAG funds now makes it logical to return to
the retention basin concept, since the storm drain, if built,
could not drain into the Palm Valley Channel because of its present
�rade (not deep enough). The applicant proposes to build a substi-
tute storm drain which will Dut on-site runoff water into the Palm
Valley Channel at its intersection with Highway 111. This drain
would take the runoff from the upper (southerly) 2/3 of the site,
including all runoffs from roofs of buildings. Runoff from the
remaining 1/3 of the site would be drained into a retention basin
north of the fire station, or possibly on an area west of E1 Paseo
and south of Avenue 44, adjacent to the Palm Valley Channel.
The retention basin would be on three to four acres of land pur-
chased by the applicant at a cost estimated to be $440,000 (an
amount equal to the original storm drain estimate). At �uch time
as the Palm Valley Channel is improved, estimated to be in 1986,
the applicant will remove the retention basin and build the
originally planned storm drain at the then required capacity.
Accordingly, Exhibit "A" sti11 shows this storm drain as.the
applicant's ultimate responsibility, but with adequate miti�ating
measures in the interim, as provided for in the draft EIR.
Dedication of Land: Al1 dedication requirements of land for
rights-of-way and easements will be met by the applicant.
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KE50LU'il�N N0. 80-58
EXHIBIT "B" (Continued) L �
�
CONDITIONS UPOI� CITY (From City Council Resolution 79-125, Exhibit "B").
Im rovements to Plontere Avenue from Hi hwa 111 to Avenue 44:
These improvements estimated to cost 00,000, now become the
responsibility of the applicant.
tmprovements to Highway 111 from Palm Valley Channel to Parkview:
These improvements, off-site from the pro�ect, were deemed in the
EIR to be desirable but not mandatory. Under the normal develop-
ment process, this widening and improvement would be a responsibil-
ity of developers of contiguous property. On a portion of the road,
this is happening now. The applicant ar�ues that development of
the vacant land along both sides of Highway 111 will follow immedi-
ately behind the shopping center, or quite possibly concurrently
with it. Those developers should assume their share of public
improvements contiguous to their property, just as the applicant is
assumin; his.
Accordingly, responsibility for this improvement is reassibned to
future development, most likely to commence in 1982.
Ri�ht-of-Way Acquisition on Monterey; Exxon Station on west side,
two apartment buildin�;s on east side: The needed right-of-way at
these locations is estimated to cost $1,165,000. This is not the
applicant's property; --.there is no way the applicant can dedicate
the land without buyin� it, and that would be totally impractical
if condemnation or threat of condemnation is necessary. It is a
logical responsibility of a public entity, namely the Palm Desert
Redevelopment Agency. �
The applicant, if necessary, is agreeable to lending the necessary
funds to the Redevelopment Agency at 10% interest, repayable from
Property Tax Increments generated by the Palm Desert Town Center.
Present tax increments, or those from other future development can-
not be used to repay the 1oan. It is estimated that the loan
(total amount $1.5 mil.lion -- see next item) could be repaid in its
entirety from Town Center property tax increments in the first three
years of shopping center operation.
Fire Station: Palm Desert's central fire station is antiquated and
undersized. The applicant has offered the land for a new head-
quarters fire station. Further, the applicant states that reduction
of total ar.ea needed for the center will enable him to spend
$465,000 on a fire station, which he will build. The applicant's
offer to build the fire station is contin�;ent upon approval by the
Planning Commission of a request to be submitted by the applicant to
establish parking requirements at five spaces per 1,000 sq. ft. of
leasable floor space.
Under the zoning ordinance, 5.5 spaces are required, but the
Plannino Commission may approve a 10% variance from that figure, a
potential reduction to 4.95 spaces. With the current reduction in
automobile size, and in a shoppinb center containing; several high-
quality anchor' stores, it is believed that the Planning Commission
would be fully justified-in approving a S.0 ratio which is consistent
with contemporary shopping center design across the country.
Since a new fire station is estimated to cost $800,000, the responsi-
bility for up to $465,000 has been assigned to the applicant, wiCh
the remaining $335,00� assianed to the Redevelopment Agency utiliz-
ing property tax increment funds. As in the case of the property
acquisition, the applicant will lend the Redevelopment Agency
$335,000 at 10% interest, repayable from property tax increment
during the first three years of shopping center operation.
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r� T C` /� T i�T T/\'.T +�t /� (� (�. n
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l I
EXHIBIT "B" (Continued
Aerial Fire Equ�i me�nt: The City has already purchased a Crown
$ST Elevating Platform Snorkel Unit at a cost of $12�,OO�J. The
expenditure was from the unobli�ated balance in the General Fund,
but it is repayable into that fund from Proposition "A" Fire Tax
revenues, expected to be received by the City early in 1981.
Under roundin of Utilities in P'Iontere Avenue: This improve-
ment estimated to cost 45�J,000, becomes the responsibility of
the applicant.
Palm Valley Channel from Hi�hway 111 to Rancho Las Palmas: Refer
to earlier item concerning the Palm Valley Channel under Conditions
Upon Appli.cant. This improvement is assi�ned to the U. S. Army
Corps of Engineers for construction in 1936.
Storm Drains in Pitahaya, Bursera and Homestead from Hi�hway 74
to the Palm Valley Channel: These off-site improvements cannot be
directly or indirectly associated with the Palm Desert Town Center
project. They are assigned to the City's Special Drainage Fund for
correction in 1984 as part of the implementation of the :laster
Draina�e Plan. .
Bridge on �iighway 111 at Palm Valley Channel: This bridae will
require widening to six lanes at an estimated cost of $3��,0�0.
The applicant will contribute the $300,00� cash toward its construc-
tion, but is of the opinion that either the City of Palm Desert or
the State Department of Transportation (CALTP.ANS) should be the
implementing agency, since the applicant has neither desi;n nor
construction capabilities for bridges. Th�refore, responsibility
is assigned to CALTRANS, using applicants fundin¢ of $300,000.
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