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HomeMy WebLinkAboutCC RES 91-005 , RESOLUTION NO. 91-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN OF DESIGN FOR A 194, 000 SQUARE FOOT RETAIL/CONII�IERCIAL CENTER FOR A 20+/-ACRE AREA AT THE NORTHEAST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE. CASE NO. PP 90-13 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of December, 1990, hold a duly noticed public hearing, which was continued to January 10, 1991, to consider the request of DSL SERVICE COMPANY for the above mentioned pro�ect; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the pro�ect will not have a significant impact on the environmental and a negative declaration has been prepared; and WHEREAS, the proposed mix of uses in the center as delineated in the DSL Service Company letter dated December 18, 1990 provides an appropriate mix to ,justify a parking reduction of up to 10 percent as provided for in municipal code section 25. 58.311 (B) ; 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 city council did find the following facts to �ustify its actions, as described below: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or en�oyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 and correct and constitute the findings of the cauncil in this case. 2. That the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. RESOLUTION NO. 91-5 t: 3. That a parking ad�ustment of up to 10$ is hereby granted subject to conditions 20 and 21 of Exhibit "B" . 4. That Precise Plan PP 90-13 dated 10-24-90 on file in the department of community development is hereby approved, sub�ect to conditions (Exhibit "B" ) . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of February, 1991, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE � � ��� //���� �� � L� � WALTER H. SNYDER, Mayor L / - A�TE �': /�� j i � � — •/`�C '` � � �` SHEILA R. GI IGAN, C Clerk � City of Palm Desert, lifornia SRSJtm 2 � RESOLUTION N0. 91-5 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO• PP 90-13 APPLICANT/PROJECT SPONSOR: DSL Service Company 3501 Jamboree Road, Suite 5000 N Newport Beach, CA 92658-6030 PROJECT DESCRIPTION/LOCATION: Precise plan of design for a 194, 000 square foot retail center for property at the northeast corner of Fred Waring Drive and Highway 111. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described pro�ect will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the pro�ect to avoid ! potentially significant effects, may also be found attached. � " . ' Februa 14 1991 RAM N A. DIAZ DATE DIRECTOR OF COMMiJN DEVELOPMENT SRS/tm 3 RESOLUTION N0. 91-5 EXHIBIT „B" ' CONDITI�NS OF APPROVAL CASE NO. PP 90-13 Department of Coramunity Development/Planning: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2 . The development of the property described herein shall be sub�ect to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3 . Construction of a portion of said pro�ect shall commence within one year 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. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said 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. That the wall along the east property line, ad�acent to the single family residences be moved six feet onto the DSL site and landscaping be placed on both sides of the wall. 6. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures sub�ect to approval of Environmental Conservation Manager. 7 . Project is sub�ect to Art in Public Places fee per Ordinance No. 473. 4 RESOLUTION NO. 91-5 , 8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ( $1 .00 per square foot) . 9 . That the landscaping in the parking lot comply with the provisions of the Master Parking Lot Tree Plan. 10. That the center shall not include a supermarket. 11 . That direct access from Highway 111 shall be limited to right turn in and right turn out. No median break or left turn movements shall be permitted. 12. That security and parking lot lighting shall be mounted on the east perimeter wall and directed downward and toward the DSL site. In addition a light plan shall be required confirming compliance with the city' s parking lot lighting restrictions. 13. Delivery hours to the center shall be limited to 6:00 a.m. to 10:00 p.m. 14. Store hours for the center shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) 7 days a week. 15. That the perimeter driveway behind the buildings shall have speed bumps installed at 100-150 foot intervals. ' 16. That the south end of Joshua Road be cul-de-sacced to prevent access to or from Fred Waring Drive and that for the convenience of residents of the Joshua Road area (i.e. residents on Joshua Road, Manzanita Drive, Brushwood Drive, Cactus Drive and Cholla Drive) DSL shall install an automatic gate in the wall at the west end of Manzanita Drive and issue to residents of the area remote ! control devices to operate said gate. 17. That pursuant to the noise study prepared by Gordon Bricken and Associates, the following conditions shall be imposed: a. Enclose loading docks at the ma�ors and market. b. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. c. Require all engines to be shut off if a truck is parked more than five ( 5) minutes. Post accordingly. d. Install bumpers on docks to cushion impacts of trucks when backing up. � 5 i I i RESOLUTION NO. 91-5 � e. Require any bridging devices used to bridge the gap between ` the dock and the truck, to be designed to be put in place and removed without impact. f. Prohibit all horn blowing. Post accordingly. g. Prohibit loud talking and radios. Post accordingly. h. Prohibit use of forklifts except within the closed section of the docks. i. Prohibit all the external mechanical equipment on any store except trash compactors. j . Prohibit exiting exhausts or location of fans on the east wall of the shops. k. Require evaluation of the mechanical equipment designs for compliance prior to issuance of the building permits. 1 . Prohibit parking of trucks or trailers overnight within 500 feet of the residences or in the alley. m. Require all refrigeration equipment mounted on trucks or trailers to be shut down if not required for on-board contents, and in no event, to remain longer than one hour. n. Erect an eight ( 8 ) foot wall along the east property line (this must be re-evaluated after the grading plans are complete) ad�acent to residences on lot nos. 1, 2, 3, and 4 ( see Exhibit 2) . o. Erect an eight foot (8' ) wall around the trash compactors, or enclose the hydraulic pump box. 18. That the deveioper (owner) shall agree to participate in any district formed to facilitate construction and/or operation of a people mover system to the extent that the sub�ect property benefits. 19. That a six foot high masonry wall be constructed along the north side of Fred Waring Drive between the Whitewater Channel and the east limit of the DSL site. Said wall to include a keyed gate for pedestrian access from Joshua Road. Said wall and gate shall be maintained by the applicant and/or his successors. 20. That the mix of types of uses and their sizes shall generally conform to those delineated in the letter from DSL Service Company, dated December 18, 1990 (attached Exhibit "C" ) . 6 RESOLUTION N0. 91-5 , 21 . That deviation from the type of use and/or specific tenant delineated in Exhibit "C" shall be permitted sub�ect to approval of the Director of Economic Development. Department of Public Works: 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 shall be paid prior to issuance of any permits associated with this project. 2 . Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the department of public works prior to start of construction. 3 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city and Caltrans standards. Improvements shall include, but not be limited to the following: * Construction of a deceleration/acceleration lane for the Highway 111 pro�ect entry. * Construction of a deceleration/acceleration lane for the Fred Waring Drive entries. * Provisions for the installation of a raised, landscaped median island in Fred Waring Drive and Fred Waring Drive entry. * Construction of perimeter sidewalk in an appropriate size and configuration along all property frontages. * Construction of bus bays in accordance with Sunline Transit Agency specifications. * Dedication of any right-of-way required to accommodate these improvements shall be provided prior to the + issuance of any permits associated with this pro�ect. In addition to the above noted items, those traffic mitigation measures identified in the pro�ect Traffic Impact Study prepared by ASL Consulting Engineers shall be provided. The sub�ect report and proposed mitigation measures shall be approved by the public works department. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this pro�ect. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the director of ` public works for checking and approval before construction of any 7 RESOLUTION NO. 91-5 � improvements is commenced. Offsite improvement plans to be � approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 6 . Al1 public and private improvements shall be inspected by the department of public works and a standard inspection fee shall be paid prior to issuance of grading permits. Those improvements impacting state right-af-way shall be constructed and permitted in accardance with Caltrans standards. 7 . Landscaping maintenance on the property frontages shall be provided by the property owner. 8 . In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues. 9 . Traffic safety striping on Highway 111, Fred Waring Drive and Park View Drive shall be provided to the specifications of the director of public works and Caltrans and shall include the use of approved thermoplastic paint and raised pavement markers. A traffic control plan must be submitted to, and approved by, the director of public works prior to the placement of any pavement markings. " � 10. Applicant shall provide for the design of a raised, landscaped median island in Fred Waring Drive. The design shall be to the specifications of the director of public works. 11 . Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the department of public works and Caltrans. 12. Prior to the issuance of any permits associated with this pro�ect applicant shall provide for a minimum dedication of additional right-of-way of five feet on State Highway 111 and fifteen feet on Fred Waring Drive. 13. Proposed building pad elevations are sub�ect to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check the fire department recommends the following 8 � � RESOLUTION NO. 91-5 � fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC andjor recognized Fire Protection Standards. 2. Provide, or show there exists a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. 3 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant( s ) ( 6" x 4" x 2-1 j2" x 2-1/2" ) , located not less than 25 ' nor more than 200 ' single family, 165 ' multifamily, and 150' commercial from any portion of the building( s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant( s ) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. ' 6 . A combination of on-site and off-site Super fire hydrants, ( 6" x 4" x 2-1/2" x 2-1/2" ) , will be required, located not less than 25 ' or more than 200' single family, 155 ' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s ) in the system. 7 . Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. On next submittal of site or water plans be sure to include existing super hydrants. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 9 � RESOLUTION NO. 91-5 - 8 . Comply with Title 19 of the California Administrative Code. All � buildings with occupant load 50+. 9 . Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25 ' from the building and within 50 ' of an approved hydrant. All buildings over 5000 square feet. 10. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803 for sprinkler system. All sprinklered buildings. 11 . Install tamper alarm on supply valve for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Fire extinguishers must not be over 75' walking distance. 15. Install hood/duct automatic fire extinguishing system. Commercial cooking facilities. 16. All buildings shall be accessible by an all-weather roadway extending to within 150 ' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn- around ( 55 ' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. It appears this condition has been met. 17 . Contact the fire department for a final inspection prior to occupancy. City Council Conditions: 1 . That the sign program come back to the city council for review as well as parking lot requirements. 2. That the city have the ability to use the corner of Highway 111 and Park View Avenue for a public art entry statement that is acceptable both to the city and to the property owner. 10 RESOLUTION NO. 91-5 T 3 . Reaffirm that the fountain in the courtyard near Highway 111 and Park View Avenue be designed to be interactive with people in the courtyard. 4. That the stamped concrete be brought in from Fred Waring Drive to Mervyn' s and continued along the store fronts over to Park View Drive. 5 . That the developer and/or the landscape firm hold discussions with the Living Desert Reserve or the Coachella Valley Water District in terms of asking for a living garden to see if they would pick up the maintenance and maybe the planting. SRS f tm 11 RESOLUTION N0. 91-5 � EXHIBIT "C" � �� DSL SERVICE C�1VI1'�1 N Y A aubsidiary of Downey Savings and I,oan Assuciation. December 18, 1990 Mr. Steve Smith � Planning Department City of Palm Desert � 73-510 Fred Waring Drive Pal.m Desert, CA 92260 �. Re: Fred Waring Plaza Fred Waring Drive & Highway lIl Dear Steve: The fol].ow�.ng tenants have received business proposal letters and have approved the referenced site as new store lacations: Use SQUARE FOOTAGE 1) Mervyns Dept. Store 77 , 500 2) Bookstar Book Sales I0,800 3� Blockbuster Video Video Rental/Sales 6, 000 4j T.J. Maxx Clothinq 25, 000 5) Ross Stores Ciothi.ng 25, 000 6) Red Lobster R�staurant 8,000 7j oshman's Sporting Goods 10,000 8) Bed & Bath Linens 8, OQ0 9) Silo Appliance/Electronics 25, UVU tenants who have expressed interest in locating in our proposed development include. 1) Chris & Pitts Restaurant 6, 000 2) Calif. Pizza Restaurant 3,800 Eiitchen 3) Anna ' s Linens Linens 6, 000 4) Circuit City Appliance/Electronics 25, 000 5) Sportmart Sporting Goods 20, 000 6) Strauds Linens 10, 000 7) Service Merchandise 50, 00� 8) Trader Joes Specialty Foods ].8, OQ0 9) Cal Stores Sporting Goods 17 , 04Q DBL Ber�ice f.ompanJ� � 3501 Jamboree Koad • P.O. Box 603Q� Newpnrt Be�ch, CA 9265$-b030 • 714/854-360Q RL'SOLIITION N0. 91-5 � � /� Mr. Steve Smith City of Palm Desert December 18, 1990 Page Two The foregoing represents a partial list of regional and national tenants who have interest in locating in Fred Waring Plaza. � t :�! Si erely, i , �� �� �t � ,,� � � ��, :, Wendell E. Hindley � Senior Pro�ect Manag�� WH/cc WH-L352b