HomeMy WebLinkAboutCC RES 99-014RESOLUTION NO. 99-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A MASTER PLAN OF DEVELOPMENT AND
TENTATIVE PARCEL MAP FOR A 20.52 ACRE SITE ON THE
NORTH SIDE OF COUNTRY CLUB DRIVE, 340 FEET WEST OF
WASHINGTON STREET.
CASE NOS. CUP 98-19 AND TPM 29068
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
day of January, 1999, hold a duly noticed public hearing to consider the request of SELECT
PROPERTIES LLC for approval of a master plan of development and tentative parcel map;
and
WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay
Zone some of the uses in the master plan require approval of a conditional use permit; 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 Dectaration 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 to justify its actions, as described below:
1. The proposed location of the conditional use master plan of development is in
accord with the objectives of the Zoning Ordinance and the purpose of the
district in which the site is located.
2. The proposed location of the conditional use master plan of development and
the conditions under which it will be operated and maintained will not be
detrimental to the public health, safety or general welfare, or be materially
injurious to properties or improvements in the vicinity.
3. The proposed conditional use and tentative parcel map will comply with each
of the applicable provisions of this title, except for approved variances or
adjustments.
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4. The proposed conditional use and tentative parcel map complies with the
goals, objectives and policies of the City's adopted General Plan.
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RESOLUTION NO. 99-14
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 Council in this case.
2. That Conditional Use Permit 98-19 for the master plan of development for
Desert Country Center and Tentative Parcel Map 29068 are hereby approved,
subject to the attached conditions, and a Negative Declaration of
Environmental Impact, Exhibit "A", is hereby certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 28th day of January, 1999, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIE L, a o�
T:
SHEILA R. GiLNGAN, Ci�fji Clerk
City of Palm Desert, Calr{ornia
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CONDITIONS OF APPROVAL
CASE NOS. CUP 98-19 AND TPM 29068
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the fol(owing conditions.
2. The arrangement, location, size, proposed heights and other such matters are
conceptual only and all future development on this site shall first obtain approval of
a precise plan of design for that portion of the project. Said precise plans to be
consistent with the provisions of this master plan of development as modified by the
following conditions.
,,,,� 3. The development of the property described herein shall be subject to the restrictions
and limitations set forth which are in addition to all municipal ordinances and state
and federal statutes now in force, or which hereafter may be in force.
4. That prior to approval of any precise plan on any parcel the applicant must
demonstrate compliance with all code provisions (i.e., parking, setbacks, height and
other such matters), conditions contained in this resolution and adequate access to
that portion of the site.
5. That prior to approval of a precise plan for the industrial portion of this master plan
the City shall complete approval of a change of zone to S.I. (Service Industrial) of
that property.
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6. That prior to approval of a precise plan of design for the self storage portion of this
master plan the City shall complete amendment of the Zoning Ordinance as it applies
to parking for self storage facilities. Said precise plan shall comply with the
provisions of said amendment.
7. That the landscaping adjacent to Country Club Drive and Desert Country Circle shall
be installed as part of the first phase of development on this master plan.
8. That all access points from public streets shall provide enhanced decorative paving
to a minimum depth of 75 feet.
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RESOLUTION NO. 99-14
9. That the building architecture as given conceptual approval by Architectural Review
Commission November 24, 1998 shall be the architectural theme for the remainder
of the master plan.
10. Recordation of at least one phase of this tentative parcel map shall occur 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.
Final approval of all or portions of this parcel map may only occur upon approval by
the City of a precise plan of design for that portion of the parcel map.
11. That this project shall pay a day care mitigation impact fee of 560,000 to be
assessed 50% on retail portion, 40% on hotel portion, 10% on industrial portion and
zero percent on mini storage.
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12. That the applicant shall contribute S3,000 to fund for the preparation of the Multi-
Species Habitat Conservation Plan. Said payment to be paid at time of Fringe-Toed
Lizard mitigation fee. ^
13. That pursuant to Resolution No. 90-130 this development shall pay the appropriate �.r
commercial development low income housing mitigation fee.
14. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10. The art fees collected from this property shall be pooled for the
benefit of the entire property. Said art shall be placed to afford maximum visibility
and enjoyment.
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 recordation of the parcef map or 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 reviewed and approved
by the Department of Public Works prior to start of construction. The subject study
shall include analysis of the upstream drainage conditions as they impact this project.
Project design shall provide for the on-site retention of the 100 year storm event. ^►
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RESOLUTION NO. 99-14
3. 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.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
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. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
7. Complete parcel map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits.
,,,,,, 8. Any and all offsite improvements shall be preceded by the app�oval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
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 Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
10. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shali be paid prio� to issuance of any permits
associated with this project.
11. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of a median island in Country Club Drive from Harris Lane to Washington
Street including prohibition of left turn movements at Desert Country Circle shall be
provided. Landscape treatment shall be water efficient in nature and shall be in
accordance with the City of Palm Desert landscape design standards. Landscaping
maintenance for the required median island shall be provided through a property
„�,,, owners association. Applicant shall be responsible for executing a declaration of
Conditions, Covenants and Restrictions, which declaration shall be approved by the
City of Palm Desert and recorded with the County Recorder. The declaration shall
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RESOLUTION NO. 99-14
specify: (a) the applicant shall oversee the formation of a property owners
association; (b) the property owners association shall be formed prior to the
recordation of the Parcel Map; and (c) the aforementioned landscaping shall be the
responsibility of the property owners association.
12. Landscape installation on the property frontages shall be water efficient in nature and
maintenance shall be provided in the same manner specified above.
13. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control and Section 24.20 Stormwater Management and Discharge Control.
14. The location and permitted movements of all project entry points shall be subject to
the review and approval of the Director of Public Works and shall include right turn
only ingress/egress at the westerly access point, full access (with traffic signal) at
the main access point and right turn only ingress at ihe easterly access point.
15. 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
Pubfic Works fo� 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 including on-site traffic flow and delivery/service vehicle
routing as well as roadway/driveway interface with existing development to the west.
In the event that on-site development proceeds in phases, site improvements shall
be constructed in such a manner to facilitate inter-parcel movement by means of
"hard surface" improvements, coordination of drainage improvements and overall site
grading.
16. Waiver of access rights to Country Club Drive and Desert Country Circle except at
approved locations shall be granted on the parcel map.
17. 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
and the city's Circulation Network. Specific project related offsite/onsite
improvements shall include, but not be limited to the following:
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� Construction of curb, gutter and paving as well as sidewalk in an
appropriate size and configuration along Desert Country Circle and
sidewalk along Country Club Drive. �+
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* Construction of acceleration/deceleration lanes for the Country Club
Drive project entries.
* Construction of transit facilities in accordance with Sunline Transit
Agency specifications.
* Installation of traffic signal at the main Country Club Drive entry
including interconnect from Washington Street to Park Center Drive and
provisions for cost sharing (25%j for future energy and maintenance
costs.
* Rights-of-way as may be necessary for the construction of required
public improvements shall be provided on the parcel map.
18. Traffic safety striping shal! 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.
19. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
20. 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 Permit (Permit # CAS000002) for storm water
discharges associated with construction activity.
Riverside Counri Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, UFC, and UBC
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 fo� a 1 hour duration at 20 psi residual operating pressure
must be available before any combustible materials are placed on the job site.
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RESOLUTION NO. 99-14
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 two hours
duration at 20 PSI residual operating pressure.
4. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2-1 /2"x2-
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.
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.
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6. 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. This applies to all buildings with
3000 square feet or more building area as measured by the building footprint, �1
including overhangs which are sprinklered per NFPA 13. The building area of
additional floors is added in for a cumulative total. Exempted are one and two family �
dwellings.
7. 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.
8. 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.
9. Install a fire alarm as required by the Uniform Building Code, but not less than
2A106C in rating. 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 �equired or used. (U.F.C.
14-1031a1)
10. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In
addition to the above, a 40BC extinguisher is required for commercial kitchens. "'�►
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RESOLUTION NO. 99-14
11. Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not (imited to, deep fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a.
12. Install a dust collecting system as per the Uniform Building Code, Section 910a and
Uniform Fire Code Section 76.102, if conducting an operation that produces airborne
particles. A carpenter or woodworking shop is considered one of several industrial
processes requiring dust collection.
13. 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.
14. Whenever access into private property is cont�olled through use of gates, barriers,
guard houses or similar means, provision shall be made to facilitate access by
eme�gency vehicles in a manner approved by the Fire Department. AI( controlled
access devices that are power operated shall have a Knox Box over-ride system
capable of opening the gate when activated by a special key located in emergency
vehicles. Devices shall be equipped with backup power facilities to operate in the
event of power failure. All controlled access devices that are not power operated
shall also be approved by the Fire Department. Minimum opening width shall be 16'
with a minimum vertical clearance of 13'6".
15. Commercial buildings shall have illuminated addresses of a size approved by the city.
16. 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.
17. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within 12 months.
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RESOLUTION NO. 99-14
18. All turning radius identified on plan A 1.1 (on file in the Community Development
Department) must meet fire department requirements of 31 ' inside and 51 ' outside
radius.
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RESOLUTION NO. 99-14
EXHIBIT A
Pursuant to Title i 4, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: CUP 98-19 and TPM 29068
APPLICANT/PROJECT SPONSOR: Select Properties LLC
c/o Dave Osman
515 W. Lambert Road, Suite C
Brea, CA 92621
PROJECT DESCRIPTION/LOCATION:
A conditional use permit for a 302,300 square foot master plan of development including
retail uses, restaurants including drive-thru, self storage, industrial building and a 100-room
hotel on a 20.52 acre site on the north side of Country Club Drive, 340 feet west of
Washington Street. (APN 626-320-029)
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.
'� f ar 28 1999
PHILIP DRE L DAT
DIRECTOR F COMMUNITY DEVELOPMENT
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