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HomeMy WebLinkAboutCC RES 95-103RESOLUTION NO. 95-103 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 207,000 SQUARE FOOT RETAIL COMMERCIAL/RESTAURANT CENTER (WITH LIQUOR LICENSES) AND BUILDING HEIGHT VARIANCE LOCATED ON 10.68 ACRES ON THE SOUTH SIDE OF EL PASEO BETWEEN SAN PABLO AVENUE AND LARKSPUR AVENUE. CASE NOS. PP 95-5 AND VAR 95-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of November, 1995, hold a duly noticed public hearing to consider the request of MADISON MARQUETTE for approval of the above mentioned project; and WHEREAS, the Palm Desert Planning Commission unanimously recommended approval by adoption of Planning Commission Resolution No. 1708; 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 project as mitigated will not have a significant adverse impact on the environment as determined by Environmental Impact Report SCH #88122603 certified November 16, 1989, and a Negative Declaration of Environmental Impact has been prepared; 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 and reasons to exist to justify approval of said precise plan and variance: PRECISE PLAN: 1. The project is consistent with the General Plan and specifically implements goals of the Commercial Core Area Specific Plan. 2. With the exception of approved variances the project will comply with all requirements of the Zoning Ordinance. • 3. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 4. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 5. The precise plan will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 95_1,03 VARIANCE: 1. The strict or literal interpretation of height restrictions would preclude a project design which is necessary for the implementation of the Commercial Core Area Specific Plan • goals and major specialty department store requirement of the Development Agreement. 2. The 10 acre site size is unique in the C-1 zone and allows for architectural design mitigation of building heights. 3. The strict and literal interpretation of the height restrictions would deprive the project of standards afforded to similar projects in the Highway 111 commercial area. 4. Approval of a height variance will not endanger the public 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 city council in this case. 2. That approval of Case Nos. Precise Plan 95-5 and Variance 95- 2 are hereby granted. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of November , 1995, by the following vote, to wit: AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES NOES: NONE ABSENT :-NONE ABSTAIN: NONE ATTEST: BUFORD CRITES, Mayor SHEILA . FILLIGAN, City CYerk- City of Palm Desert, California 2 RESOLUTION NO. 95-103 CONDITIONS OF APPROVAL CASE NOS. PP 95-5 AND VAR 95-2 Department of Community Development: 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. Construction of a portion of said project 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. 3. The development of the property described herein shall be subject 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. 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 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. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company, department of community development and shall provide for recycling. 6. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 3 RESOLUTION NO. 95-103 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 10. Project shall comply with all site specific mitigation measures identified in EIR SCH #88122603, including preparation of a Transportation Demand Management Plan per Section,24.08 of the Municipal Code. 11. Project shall comply with all requirements and exactions identified in the Ahmanson Commercial Development Plan Amended and Restated Development Agreement. 12. The following issues shall be subject to further planning commission review if, as a result of staff concern or public complaint, are identified as problems: merchandise deliveries, trash pickup (hours and general logistics), exterior lighting, restaurant odor control, hours of operation, and unforeseen noise impacts. Department of Public Works: 1. All applicable provisions, conditions and requirements contained within that certain Amended and Restated Development Agreement between the City of Palm Desert and the Madison Realty Partnership, as approved by the City Council on December 8, 1994, as Ordinance No. 764, as well as the associated Environmental Impact Report as certified by the City Council on November 16, 1989, as Resolution No. 89-120, shall be considered as conditions of approval for this project. Specific requirements include, but are not limited to, the following: *Street Improvements, Traffic Signals and Drainage All street improvements are subject to the review and approval of construction documents pertaining thereto by the City of Palm Desert Department of Public Works. All of the following street improvements are to be located adjacent to the project. A. South side of El Paseo between San Pablo Avenue and Larkspur Lane -- completion of all pedestrian amenities including 4 RESOLUTION NO. 95-1 ni street lighting, landscaping, bus stations, sidewalks, benches, and decorations. B. West side of Larkspur Lane between El Paseo and Shadow Mountain Drive -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. C. East side of San Pablo Avenue between El Paseo and Shadow Mountain Drive -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. Reconfiguration of northbound approach to provide an exclusive right turn lane at El Paseo including on -street parking prohibition along the project San Pablo Avenue frontage. D. North side of Shadow Mountain Drive between Larkspur Lane and San Pablo Avenue -- completion of all pedestrian amenities including street lighting, landscaping, and sidewalks. E. In lieu of actual construction of street widening and associated improvements on San Pablo Avenue between El Paseo and Highway 111, the City has agreed to accept the sum of $75,000 from the Developer in full satisfaction of the foregoing obligation payable at the time the building permit for one or more buildings in the project is issued. The payment of this $75,000 shall be in addition to all other circulation or traffic impact mitigation fees which may be lawfully imposed against the Project in accordance with the terms of the Development Agreement. F. Modification of existing median left turn pockets at El Paseo/San Pablo Avenue and El Paseo/Larkspur Lane to provide additional vehicle stacking capacity. G. New traffic signal and related improvements at the intersection of El Paseo and Larkspur Lane and traffic signal modifications and related improvements at El Paseo and San Pablo Avenue, as required by the EIR and the Director of Public Works. Costs for the traffic signal modifications and related improvements at the intersection of El Paseo and San Pablo Avenue shall be credited against the Developer's signalization fee obligations. H. Construction of all necessary drainage systems with respect to the Project and the facilities necessary to connect such systems to the existing underground storm drain systems in the public streets, all as required by the EIR and Director of Public Works 5 RESOLUTION NO. q5-103 *Fees: A. Payment of mitigation fees including but not limited to: * T.U.M.F. Fee * Signalization Fee * Drainage Fee * The usual and customary fees of general application charged for processing of applications for permits and approvals pertaining to the development of this project. 2. Prior to the issuance of any permits associated with this project, the applicant shall provide for the dedication of public street right-of-way (30-foot minimum half -street width) along the San Pablo Avenue property frontage. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 4. A combination of on -site and off -site Super fire hydrants, wet barrel (6"x4"x2-1/2"x2-1/2") will be required, located not less than 25' or more than 150 feet from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. The require fire flow shall be available from any adjacent hydrant(s) in the system. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) willbe installed and will 6 RESOLUTION NO. 95-103 produce the require fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a final inspection. 6. 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. 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 or 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. The system has been designed to provide a minimum flow of 3000 gallons per minute." 7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. 8. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. 10. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 11. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the fire marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: No Parking Fire Lane - PDMC 15.16.090. 7 RESOLUTION NO. g5_lni 12. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103(a)) 13. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 14. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 15. Install a dust collecting system as per the California Building Code, Sec. 910 and California Fire Code, Art. 76, if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. 16. All building 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 be not 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. City standards may be more restrictive. 17. Contact the fire department for a final inspection prior to occupancy. 18. Commercial buildings shall have illuminated addresses of a size approved by the city. 19. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal's office for submittal requirements. 8 RESOLUTION NO. g5_ln3 20. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 9 RESOLUTION NO. 95-103 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: PP 95-5, VAR 95-2 APPLICANT/PROJECT SPONSOR: Madison Marquette c/o Altoon & Porter 5700 Wilshire Boulevard Los Angeles, CA 90036 PROJECT DESCRIPTION/LOCATION: A 207,000 square foot retail commercial/ restaurant center (with liquor licenses) and building height variance located on 10.68 acres on the south side of El Paseo between San Pablo Avenue and Larkspur Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project 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 project to avoid potentially significant effects, may also be found attached. November 9, 1995 PHILIP ELL 'DATE ACTING DgRECTOR "O' COMMUNITY DEVELOPMENT 10