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HomeMy WebLinkAboutCC RES 98-1170 RESOLUTION NO. 98-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT FOR A 15,120 SQUARE FOOT WALGREENS DRUG STORE, ASSOCIATED PARKING LOT AND GREENBELT LOCATED ON THE EAST SIDE OF MONTEREY AVENUE BETWEEN HIGHWAY 1 1 1 AND SAN GORGONIO WAY. CASE NO. CUP 97-16 AS REVISED WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of May, 1998, hold a duly noticed public hearing to consider a request by MCFADDEN/MCINTOSH ARCHITE�TS for approval of a Negative Declaration of Environmental Impact and Condit��nal Use Permit for a 15,120 square foot commercial building, associated parking lot and greenbelt located on the east side of Monterey Avenue between Highway 1 1 1 and San Gorgonio Way; 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. 95-105," in that the Director of Community Development has determined that the project will not have an adverse impact on the environment and a negative declaration 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 approving said Conditional Use Permit: 1. The proposed use and design of the project is consistent with the goals and objectives of the General Commercial Zone, the Palma Village Commercial Core Area Specific Plan and Palm Desert General Plan. 2. The proposed project represents a substantial improvement for the area and will encourage a general upgrading of existing buildings in the vicinity. 3. The rear parking area specifically implements a program described by the Palma Village and Commercial Core Area Specific Plan and will create a greenbelt adjacent to the residential zone. � 4. The project will therefore not depreciate values, restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. RESOLUTION NO. 98-117 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 a Negative Declaration of Environmental Impact (Exhibit "A") and Conditional Use Permit 97-16 as amended on file in the Department of Community Development Planning are hereby approved, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Councjl, held on this 24th day of September , 1998, by the following vote, to wit: AYES: Ferguson, Kelly, Spiegel NOES: Crites, Benson ABSENT: None ABSTAIN: None � AN M. BENSON, Mayor �EST: —% l� �'' � �� , "/�� .. J/ / � �'' / /� �� I / l , � i� .:�%!`✓� ��.` ��- l.-" � ' SHEILA R.-GILLIGAN, City�Clerk City of Palm Desert, Cali�ornia �� RESOLUTION NO. 98-117 CONDITIONS OF APPROVAL CASE N0. CUP 97-16 AS REVISED Department of Communitv Develoament: 1. The development of the property shall conform substantially with revised exhibits dated September 14, 1998, on file with the Department of Community Development, 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 Review Commission City Fire Marshal Public VJorks 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. Applicant shall participate in a commercial recycling program as determined by the City Environmental Conservation Manager and applicable waste disposal company. 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 and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 RESOLUTION NO. 9s-�1� 7. 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. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 9. Final landscape plans shall comply with the parking lot tree planting master plan and approved by the Architectural Review Commission. 10. 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. The final landscape plan shall include a long-term maintenance program specifying, among other matters, watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 1 1. The project shall be subject to all applicable fees at time of issuance of building permits, including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 12. Delivery hours to the drug store shall be limited to 6:00 a.m. to 10:00 p.m. 13. Store hours for the center shall be limited to 6:00 a.m. to 12:00 a.m. (midnight) seven days a week. 14. That in order to mitigate noise from the loading dock, the following conditions shall be imposed: a. Enclose loading docks to the satisfaction of the Architectural Review Commission. b. Post signs requiring all loading and entrance doors to remain closed at all times except during loading and unloading. n � RESOLUTION NO. 9s-�17 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. e. Require any bridging devices used to bridge the gap between the d,ock 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 external mechanical equipment on any store except trash compactors. j. Prohibit exiting exhausts or location of fans on the east wall of the building. k. Require evaluation of the mechanical equipment designs for compliance prior to issuance of building permits. I. 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 a six-foot (6) wall along the east property line. o. Erect a six-foot (6) wall around the trash compactors, or enclose the hydraulic pump box. 15. That the site plan at the east side of the loading dock be amended and redesigned to screen the loading dock from view from the east to the satisfaction of the Architectural Review Commission. 5 RESOLUTION NO. 98-117 16. That, should the property owner at 44-755 San Antonio Circle so request, the applicant shall install a maximum six-foot (6) high slump stone wall or equivalent along the south property line of said lot to shield the residence from headlights of vehicles exiting the site onto San Gorgonio. 17. That a concrete bus stop pad and paved turnout area at the current bus stop location be provided to the satisfaction of the Sunline Transit Agency. 18. That prior to issuance of a building permit for this project, the property owner shall enter into an agreement with the Palm Desert Parking Authority to grant a public easement over parking on this property in exchange for the property acquired through eminent domain by the Parking Authority for the proposed project. 19. That prior to issuance of any permits for this project, property owner shall record a parcel map consolidating the lots into one. 20. That the south side of San Gorgonio Way between Monterey and the project entry be widened to provide a left turn pocket in San Gorgonio westbound to southbound Monterey. 21. That parking be prohibited on both sides of the Monterey alley. 22. That a three (3) way stop control be established at the intersection of the Monterey alley and the Highway 1 1 1 alley. 23. That the applicant provide on site directional signs directing customers to Monterey Avenue and Highway 1 1 1. 24. That truck traffic and parking restrictions be imposed on the Monterey alley east of the project. 25. That the operation of a 24-hour drive through window (pharmaceutical sales only) be allowed. � RESOLUTION NO. 98-117 Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of grading permits. 2. Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is revie�wed and approved by the Department of Public Works prior to start of construction. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), retail classification. Payment of said fees shall be at the time of building permit issuance. 5. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of a grading permit. 7. Landscape installation on all property frontages shall be water efficient in nature and maintenance shall be provided by the property owner. 8. All 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 any permits associated with this project. � 9. 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 improvements is commenced. Offsite improvement plans to be approved by the Pubtic Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 7 RESOLUTION NO. 98-117 10. Fuli improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to, the following: a. Removal of existing street improvements and the reconstruction of curb, gutter and sidewalk along the Monterey Avenue project frontage, including traffic signal modification, to provide for a minimum of three vehicle travel lanes for northbound traffic. Provisions for transit facilities shall also be addressed. b. Reconstruction of San Gorgonio Way, south side, between Monterey Avenue and San Antonio Circle, to provide for a dedicated left turn lane , for westbound traffic. As an alternative to the reconstruction, removal of all on-street parking on San Gorgonio Way between Monterey Avenue and San Antonio Ci�cle may be utilized subject to the approval of the impacted adjacent property owners. c. Removal of existing driveways and replacement with curb and gutter installation of sidewalk on San Gorgonio Way and San Antonio Circle. d. Rights-of-way as may be necessary for the construction of required public improvements shall be provided prior to permit issuance. 1 1. Building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control. 13. 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 . 14. Applicant shall provide for the undergrounding of all existing overhead utility lines. 15. Size, number and location of driveways shall be to the specifications of the Director of Public Works and the following: E:3 RESOLUTION NO. 98-117 a. Single access point (ingress only) permitted on Monterey Avenue. b. Single access point lingress and egress) permitted on San Gorgonio Way a minimum distance of 150 feet east of Monterey Avenue. c. Two access points (ingress and egress) permitted to the alley adjacent to the southerly property boundary. 16. Prior to the issuance of any permits associated with this project, the applicant shall initiate a process for parcel consolidation. That process shall include provisions for either the pay-off or reapportionment of any existing City assessments against the subject property. Riverside County Fire Department: 1. A fire flow of 1500 gpm for a one-hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 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. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2- 1/2" x 2-1 /2"), located not less than 25' nor more than 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. 4. 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. 5. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 6. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the Fire Marshal. 0 RESOLUTION NO. 98-117 7. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems, systems where any interior devices are required or used. (U.F.C. 14-1031a)). 8. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. 9. 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 be not less than 24' of unobstructed width and 13'6" of vertical clearance. 10. Commercial buildings shall have illuminated addresses of a size approved by the City. 1 1. 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. �[i� ' ,- RESOLUTION NO. 98-117 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083 of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 97-16 APPLICANT/PROJECT SPONSOR: McFadden/Mclntosh Architects 73-929 Larrea, Suite 1 A Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 15,120 square foot Walgreens Drug Store, associated parking lot and greenbelt on 1 1 lots fronting Monterey Avenue and San Antonio Circle. 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. �'i -��.-- ��. PHILIP DR LL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 11