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HomeMy WebLinkAboutCC RES 86-093RESOLUTION N0. 86-93 A RESOLUT(ON OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP AND NEGATIVE DECLARATION OF ENVIRONMENTAL 1MPACT TO ALLOW CONSTRUCTION OF A RETAIL/RESORT COMMERCIAL DEVELOPMENT OF SOME 90,636 SQUARE FEET ON A NINE ACRE SITE, ZONED PC (4) AND LOCATED AT THE NORTHEAST CORNER OF FRED WARING DR[VE AND HIGHWAY lll. CASE N0: PP 86-21 � TT 21624 WHEREAS, the City Council of the City of Palm Desert, Californla did on the 14th day of August, 1986 hold a duly noticed public hearing and subsequent continued public hearings on November 13, December 11, 1986 and January 8, 1987, for the above noted cases. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of June 1986 hold a duly noticed public hearing to consider a request by SANTA ANITA DEVELOPMENT for approval of a precise plan of design, tentative tract map and negative declaration of environmental impact to allow constructton of a retail/resort commercial development of some 90,636 square feet on a nine acre site, zoned PC (4) and located at the northeast corner of Fred Waring Drive and Highway 111, more particularly described as: � APN 640-020-010, 011,012 640-032-001, 006, 011, 012, 013 WHEREAS, the planning commission did at its July l, 1986 meeting adopt its resolution no. 1157 approving the cases subject to conditions. WHEREAS, said applicatton has complied with the requirements of the "City of Palm Desert Procedures for lmplementation of the California Environmental Quality Act, Resolutlon No. 80-89", in that the director of community develop- ment has determined that the project will have a significant impact on the envlronment and a negative declaration has been prepared. WHEREAS, at said public hearfng upon hearing and considerfng all testtmony and arguments, if any, of all tnterested persons desiring to be head, satd city council did find the following facts and reasons as specified in the staff report dated July 1, 1986 to exist to justlfy the approval of satd precise plan of design. 1. The design of the precise plan as revised will not substantlally deprectate property values in the vicinity. 2. The precise plan as revised will not unreasonably interfere with the use or enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. RESOLUTION N0. 86-93 3. The precise plan as revised will not endanger the public peace, health, safety or general welfare. WHEREAS, at said publlc hearing, upon hearing and considering all testi- mony and arguments, if any, of ali persons desiring to be heard, said city council did find the following facts and reasons as justified in the staff report dated July 1, 1986 on file in the department of community development, to extst to approve the tentative tract map. 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or subst�ntially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements w111 not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivlsion. 8. That the design of the subdfvision will not restrict solar access. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as foliows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That approval of Precise Plan 86-21 and Tentative Tract Map 21624 is hereby granted for reasons subject to the attached conditions. 3. That a negative declaration of environmental lmpact is hereby certified. 2 RESOLUTION N0. 86-93 PASSED, APPROVED and AUOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of Januarv, 1987, by the following vote, to wit: AYES: CRITES, SNYDER, WILSON, AND KELLY NOES: BENSON ABSENT: NONE ABSTAIN: NONE ATTEST: /dlg lerk rnia R HARD S. KELLY, Mayor 3 RESOLUTION N0. 86-93 CONDITIONS OF APPROVAL CASE NOS. PP 86-21 a Tf 21624 Department of Comm�nitv Development: 1. The development of the property shall conform substantially with exhibits on file with the department of cortmunity development, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the appllcant shall first complete all the procedural requtrements of the clty whlch included, but are not limited to, architectural review and building permit procedures. 3. Construction of a portion of said project shail commence within one year from the date of flnal approval unless a time extension is granted, other- wise satd approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a bullding permtt for construction of any use contem- plated by this approval, the applicant shall first obtain permits•and/or clearance fram the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Evidence of sald permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. MaJor truck deliveries and trash pick-up for market and other buslnesses to be only between 8:00 a.m. to 9:00 p.m. Monday through Friday only. 6. Only delivery diesel trucks bu11t after 1974 shall be used. 7. Al1 architecture of future buildings to be compatibie with architectural commission approval of plans. S. Trash enclosures for each detached buiiding and the main building to be provided; with design and location to be approved by city and local trash company. 9. All conditions of the architectural commission shall be met. 4 RESOLUTION N0. 86-93 10. Detailed parking lot and building lighting plan shall be submitted to staff for app�oval, subject to applicable lighting standards; plan to be prepared by qualified lighting engineer and pay particular attention in the area of the east driveway. 11. Parking space and aisles shall comply with Palm Desert design standards for off-street parking facilities. 12. Three to 3.5 foot decorative wall and/or mounding shall be provided to sufficiently screen parking lot area from streets. 13. Market operator to submtt letter indicating that he has read the conditions of approval and will abide by same; letter to be submltted prior to issuance of building permit. l4. Parki�g lot directional strtping and safety sig�s to be provided; plan to be submftted with final working drawings for approval. l5. That the easteriy {andscape strip adjacent to the existing single family dwellings be planted with a variety of coniferous planting materials to provide an effective barrier and yet not create leaf problems for adjacent owners. � 16. That the applicant shall install a masonry wall along the east property 11ne adjacent to the single family dweliings. Said wall to be installed irtmediately upon certification of the rough grading in this area. No building permit far any building on the site shall be issued until the easterly wall is completed. 17. That the applicant shall comply strictly with the provisions of Ordinance 294, specifically municipal code section 27.12.067 entitled "Blow sand and dust control". 18. That any compact parking spaces or spaces designated for employee only parking be so designated by appropriate signing. 19. That the parking spaces located in the east and northerly loading areas be designated employee only parking areas to limit parking turnover. 20. That building permits for the main building, including the "farmer's market" must be issued and substantial construction activity (i.e.: foundatlon work) commenced prior to issuance of building permlts for any of the satellite pads. 21. That if the development is constructed in phases each phase must fully comply with all code requirements prior to issuance of any certificate of occupancy. [f the development is to be constructed in phases, the director of cortmunity development must give his prior approval to the phasing. 22. Service station building to be setback a minimum of 30 feet from Highway lll and Fred Waring Drive property lines per municipal code requirements. 5 RESOLUTION N0. 86-93 23. Raised landscape center median shall be provided to satisfaction of city in both Highway I11 and Fred Waring Drive. 24. The service station facility shall not provide repair or service work. 25. Items to be sold in the service station facllity shall be strictly limited to those normally and customarily associated with the sale of gasoline and automotive products. The faciiity shall not operate as a mini-market or convenience store. 26. The applicant shall have twenty-four (24) month from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time as permitted by code is granted by planning commission. 27. All on-site utilfties shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the director of cortxnunity development. 28. All dedicated land and/or easements required by this approval if any shall be granted to the City of Palm Desert, without cost to the city and free of all liens and encumbrances. •` 29. The CCBR's for this development shall be submitted to the director of community development for review and final approvai by the city attorney prior to the issuance of any building permits except for a permit for construction of the easterly wall which may be constructed as soon as the rough grading is certified. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners/operators of the businesses in the project. 30. Any revisions to tentative tract map reguired by approval of PP 86-21 shall be made prior to recordation of final map. 31. That change of zone, Case No. C/Z 84-15, recommended for approval by the planning cortmission to the city council on October 16, 1984 for the south east portion of the subject property be forwarded to the city council and approved prior to issuance of any permits on this proJect. Deaartment of Public Norks: 1. Drainage and signalization fund fees, as required by city ordlnance, shall be paid prtor to recordation of the final map. 2. Drainage facilitles shall be provided, per Ordlnance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 0 0 RESOLUTION N0. 86-93 3. Storm drain constructlon shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements, including trafflc safety lighting as required by ordinance and the dfrector of public works, shall be installed in accordance with city standards. 5. Complete improvement plans and specifications shall be submitted, as requlred by ordlnance, to the city engineer for checking and epproval before construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. All private streets and parking areas shall be inspected by the engineering department and a standard inspection fee shall be paid prior to recordation of the final map. 7. Landscaping maintenance on Highway 111 and Fred Waring Drive shall be provided by the property owner. 8. Existing utilities on Highway 111 and Fred Waring Drive shall be undergrounded per each respective utility district's recommendation. 9. Traffic safety striping on Highway 111 and Fred Waring Drive shall be provlded to the speclfications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 10. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 11. Dedication of 60 feet of right-or-way on Highway !ll and Fred Waring Drive shall be done prior to issuance of any permits and approval of plans. 12. Installation of curb and gutter, matching paving and sidewalk on Highway 111 and Fred Waring Drive, said streets shall be constructed to the satisfactton of the Director of Public Works. 13. Walver of access to Highway 111 and Fred Waring Drive except at approved locattons shall be granted on the final map. 14. Close unused drfveway with full height curb and gutter. 15. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 16. Installatlon of one-half landscaped medtan 1n Fred Waring Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 7 RESOLUTION N0. 86-93 17. Complete tract maps shall be submitted as required by ordinance to the city englneer for checking and approval and be recorded before issuance of any permits associated with this project. 18. The most westerly driveway on Fred Waring Drive shall be restricted to right turn only ingress-egress by means of raised P.C.C. curb. 19. The most easterly driveway on Fred Waring Drive shall be designed so as to a11gn with approved access points for Parcel Map 20894. 20. Brushwood Drive and Manzanita Qrive shall be cul-de-saced to the satisfactlon of the city engineer. Cul-de-sacs shall be designed to city standards. 21. Parcel Map 21412 shall be recorded prior to filing of the final map for Tract 21624. 22. Reciprocal access agreements between PM 21412 and Tract 21624 shall be recorded prfor to the issuance of any permits assoctated with thls project. 23. Prior to map recordation Brushwood Drive and Manzanita Drive shall be vacated. 24. All improvements relating to State Highway lll shall be per state standards and speciffcations. Citv Fire Marshal: 1. Install a water system capable of delivering 3000 GPM flre flow from any fire hydrant for a 3 hour duration in addition to domesttc supply. The computation shall be based upon a minimum of ZO psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surface of hydrant barrels and heads shall be patnted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in elther directton from each hydrant. c. hydrants shall not be located closer than 25 feet to any bullding. 3. Prior to issuance of a building permit, the developer shall furnish the original and three coples of the water system plan to the flre marshal for review. Upon approval, one copy will be sent to the bufldfng department and the original wili be returned to the developer. 0 0 RESOLUTION N0. 86-93 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 PP 86-21 is in accordance wlth the requtrements 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. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. All buildings over 5.000 square feet require an approved fire sprinkler system. Citv Council: 1. Construction of the project, excePt for grading, shall not commence until foundatlons for the Raffles Notel are placed. 2. There shall not be a convenience store on the site and the only non-automotive products at the service station shall be limited to products normally sold in vending machines, a description of which must be approved by the city; sale of alcoholic beverages from the service station site is expressly prohibited. 3. The landscape plans at the corner of Fred Waring Drive and Highway 111 shall include a water element. /dlg E