HomeMy WebLinkAboutCC RES 99-107RESOLUTION NO. 99-107
� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE
�� DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE
PLAN OF DESIGN FOR A 166,725 SQUARE FOOT SPORTS
FACILITY AND A MASTER PLAN FOR A 70-ACRE SITE (643,971
SQUARE FEET TOTAL BUlLDING AREA) !N THE PCD (PLANNED
COMMUNITY DEVELOPMENT) ZONE AT 35-250 MONTEREY
AVENUE.
CASE N0. PP 99-18
WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th
day of November, 1999, hold a duly noticed public hearing to consider the request of
DESERT SPORTS GROUP, for approval of the above; and
WHEREAS, the Planning Commission by adoption of its Resolution No. 1956 has
recommended approval; 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. 97-18," in that the director of community development has determined that the project
�— will not have a significant impact on the environment and a negative declaration has been
prepared; and
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WHEREAS, at said public hea�ing, upon hearing and considering all testimony and
arguments, if any, of al! 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/master plan:
1. The design of the project will not substantially depreciate property values, nor
be materially injurious to properties or improvements in the vicinity.
2. The project will not unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes.
3. The project will not endanger the public peace, health, safety or general
welfare.
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4. That the project is consistent with applicable general and specific plans.
5. That the design or improvement of the proposed project is consistent with
applicable general and specific plans.
6. That the site is physically suitable for the type of development.
�"' 7. That the site is physically suitable for the proposed density of development.
RESOLUTION NO. 99-107
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8. That the design of the project or the proposed improvements are not like{y to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
9. That the design of the project or the type of improvements is not likely to
cause serious public health problems.
10. That the design of the project or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed project.
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12.
The proposed land uses identified in the master plan remain substantially in
conformance with the pre-annexation agreement.
Overall intensity of the conceptual master plan is less than that identified in
the annexation agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
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That the above recitations are true and correct and constitute the findings of
the council in this case.
That Precise Plan 99-18 and the master plan of development are hereby
approved, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 18th day of Noveober , 1999, by the following vote, to wit:
AYES: Benson,
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ferguson, Relly, Spiegel, Crites
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BUFO�D A. CRITES, Mayor
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�� SH ILA R. GILLIGA , City Clerk
City of Palm Desert, California
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RESOLUTION NO. 99-107
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CONDITIONS OF APPROVAL
CASE NO. PP 99-18 AND MASTER PLAN
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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 two years 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
Sunline Transit Agency
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 a�eas.
Said placement shall be approved by applicable trash company and department of
community development.
6. The applicant shall provide for installation of solid waste and recycling enclosures
� serving all public buildings, per Ordinance No. 612, said enclosure subject to approval
of Environmental Conservation Manager.
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RESOLUTION NO. 99-107
7. An organized recycling program shall be implemented in the center with required
tenant participation as a condition of lease. �
8. The overall project shall have a minimum of 4.675 parking spaces per 1,000 square
feet of gross floor area, consistent with the regional shopping center parking
requirements of the zoning, with the exception of the hotels which shall be required
at 1.1 spaces per room.
9. 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.
10. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
1 1. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree
planting master plan.
12. Applicant agrees to maintain the landscaping required to be installed pursuant to �,,,�
these conditions. Applicant will enter into an agreement to maintain said landscaping x
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.
13. 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.
14. Project shall conform to all requirements of the approved pre-annexation agreement
(City Council Ordinance 695).
15. Until the 2,500 parking space threshold is reached, additional parking for each phase
may be required based on the mix of uses as determined by the Director of
Community Development.
16. Final design of the public road along the north property line shall be completed in
consultation with the adjacent property owner.
17. Planning Commission shall be given the opportunity to review and comment on the ,�
traffic study and all subsequent refinements to the design.
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RESOLU710N NO. 99-107
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�., 18. Project shall be subject to all subsequent mitigation requirements which are included
in an approved multi-species habitat conservation plan.
DeQartment 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 any permits associated with this
project.
2. Any drainage facility 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. The project shall be
designed to retain storm waters associated with the increase in developed vs.
undeveloped condition for a 100 year storm.
3. Prior to the issuance of any permits associated with this project, applicant shall submit
a Traffic Impact Analysis for review and approval by the Director of Public Works. The
subject study shall include both on-site circulation as well as off-site project impacts and
�^ associated mitigation measures.
.,,.., 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 project. The costs
associated with the installation of a trafflc signal ( if required by the project Traffic Impact
Analysis) for this project may be used as a credit against the subject signalization fees.
Such a credit would be subject to approval by the Palm Desert City Council.
5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment
of said fees shall be at the time of building permit issuance.
6. A complete preliminary soils investigation, conducted by a registered soils engineer, shal(
be submitted to, and approved by, the Department of Public Works prior to the issuance
of a grading permit.
7. 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
Public Works Department and a surety posted to guarantee the installation of required
�^ offsite improvements prior to permit issuance.
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 grading permits.
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RESOLUTION NO. 99-107
9. In accordance with the Circulation Nefinrork of the Palm Desert General Plan, installation
of a landscaped median island in Monterey Avenue along the project frontage shall be
provided. Applicant may submit cash payment in lieu of actual construction of the median
island subject to the approval of the Director of Public Works.
10. Landscape installation on the property frontages shall be drought tolerant in nature and
maintenance shall be provided by the property owner.
11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust
Control as well as Section 24.20, Stormwater Management and Discharge Control.
12. 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.
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. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all
existing overhead utilities shafl be placed underground per the respective utility district
recommendation.
16. 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 standards. Those
improvements shall include, but not be limited to the following:
" Installation of concrete curb, gutter and ac paving on Monterey Avenue at
55' from centerline.
* Installation of acceleration/deceleration lanes for project entry (Monterey
Avenue).
* Installation of half-street improvements (curb, gutter and ac paving) on the
proposed east/west street. The specific roadway geometrics for the main
project entry from the proposed east/west roadway shall provide for a
future northerly roadway extension. ,�
'` Installation of a concrete sidewalk in an appropriate size and
configuration on the Monterey Avenue and proposed east/west street. �
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RESOLUTION NO. 99-107
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� y " Installation of transit facilities in accordance with Sunline Transit Agency
recommendations.
In addition to the above noted items, all traffic impact mitigation measures
identified in the project Traffic Impact Analysis shall be considered as conditions
of approval for this project. The subject report and proposed mitigation measures
shall be approved by the Public Works Department. Rights-of-way as may be
necessary for the construction of required public improvements shall be provided
prior to the start of construction.
17. Traffic safety striping on Monterey Avenue and ihe proposed easbwest street shall be
provided to the specifications of the Director of Public Works. A traffic control plan must
be submitted to, and approved by, the Director of Public Works prior to the placement of
any pavement markings.
18. Prior to start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Works of intended compliance with the National Pollutant Discharge
Elimination (NPDES) General Constnaction Permit for storm water discharges associated
— - with construction.
�, . 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 Code, 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. 10.301 C.
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. 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. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1 /2" x
2-1 /2"1, located not less than 25' nor more than 150' commercial from any portion
of the building(s) as measured along approved vehicular travel ways. Hydrants
`~ installed below 3000' elevation shall be of the "wet barrel" type.
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RESOLUTION NO. 99-107
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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 for
a field inspection by the fire department prior to scheduling for a final inspection.
6. 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. Exempted
are one and two family dwellings.
7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803
for fire sprinkler system(s). Install tamper alarms on all supply and control valves for
sprinkler systems.
8. 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.
9. 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. (U.F.C.
14.103(al)
10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC
in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000
square feet of floor area. In addition to the above, a 40BC fire extinguisher is
required for commercial kitchens.
1 1. 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)
12. 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. 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.
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RESOLUTION NO. 99-107
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�'� 13. Commercial buildings shall have illuminated addresses of a size approved by the city.
14. 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.
15. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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RESOLUTION NO. 99-107
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
�ASE NO: PP 99-18 and Master Plan
APPLICANT/PROJECT SPONSOR:
Desert Sports Group
620 Herndon Parkway, Suite 200
Herndon, VA 20170
PROJECT DESCRIPTION/LOCATION: A 643,971 square foot multi-use center at 35-250
Monterey Avenue in the PCD (Planned Community Development) zone.
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.
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PHIL DRELL DA E
DIRECTOR OF COMMUNITY DEVELOPMENT
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