HomeMy WebLinkAboutCC RES 00-049RESOLUTION NO. 00-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF
DESIGN FOR A 200,000 SQUARE FOOT SPORTS COMPLEX
(AND HEIGHT EXCEPTION) WITH MISCELLANEOUS PADS ON
21 ACRES. THE PROPERTY IS ZONED PLANNED COMMUNITY
DEVELOPMENT (PCD) AND IS LOCATED AT THE NORTHEAST
CORNER OF COOK STREET AND GERALD FORD DRIVE.
CASE NO. PP 00-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of April, 2000, hold a duly noticed public hearing and continued public hearing on April
27, 2000, to consider the request of LANDMARK SPORTS AND ENTERTAINMENT, INC.,
for approval of the above; and
WHEREAS, the Planning Commission has recommended approval by adoption of
Resolution No. 1982; 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. 00-24," in that the director of community development has determined that the project
will not have a significant impact on the environment and has been previously assessed; 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/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.
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. 00-49
8. That the design of the project or the proposed improvements are not likely 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.
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 Precise Plan 00-03 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 27th day of April, 2000, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE K A-tN, Acting City Clerk
City of Palm Desert, California
2
BUFORD . CRIT S, Mayor
RESOLUTION NO. 00-49
CONDITIONS OF APPROVAL
CASE NO. PP 00-03
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 areas.
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.
3
RESOLUTION NO. 00-49
7. An organized recycling program shall be implemented in the center with required
tenant participation as a condition of lease.
8. 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.
9. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
10. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree
planting master plan.
11. 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.
12. 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.
13. Project shall conform to all elements of Development Agreement DA 97-2, City of
Palm Desert Ordinance 838.
14. Planning Commission shall be given the opportunity to review and comment on the
traffic study and all subsequent refinements to the design.
15. Each miscellaneous pad (restaurant, hotel, and offices) shall be required to process
a precise plan application.
16. Landscape plans shall be reviewed and modified as necessary throughout the
development process to insure that the planting plan provides maximum screening
of the building.
Department of Public Works:
1. 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
4
RESOLUTION NO. 00-49
designed to retain storm waters associated with the increase in developed vs.
undeveloped condition for a 100 year storm.
2. 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 be limited to an analysis of the previously approved land uses for the
subject properties in comparison to the current proposal.
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. 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.
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. In accordance with the Circulation Network of the Palm Desert General Plan, installation
of a landscaped median island in Gerald Ford Drive along the project frontage 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. Landscape
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 be recorded with the County Recorder. The declaration shall 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 (3) the
aforementioned landscaping shall be the responsibility of the property owners
association.
5
RESOLUTION NO. 00-49
9. Landscape installation on the property frontages as well as on -site shall be drought
tolerant in nature and maintenance shall be provided in the same manner specified
above.
10. Complete parcel map shall be submitted as required by ordinance to the Director of Public
Works for review and approval prior to the issuance of any permits associated with this
project.
11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust
Control, Section 24.20, Stormwater Management and Discharge Control, as well as
Section 24.08, Transportation Demand Management.
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 Paim 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. 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 Gerald Ford Drive
at 43' from centerline.
* Installation of full improvements (curb, gutter, and ac paving) on the
proposed access/cul-de-sac street with a minimum curb -to -curb width as
approved by the Director of Public Works. The specific roadway design for
this roadway shall be subject to the review an approval of the Director of
Public Works.
* Installation of a concrete sidewalk in an appropriate size and
configuration on Gerald Ford Drive and the proposed access/cul-de-sac
street.
* Installation of transit facilities in accordance with Sunline Transit Agency
recommendations.
6
RESOLUTION NO. 00-49
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.
16. 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 Construction 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. 10.301C.
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"), located not Tess 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.
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
7
RESOLUTION NO. 00-49
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(a))
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.
11. 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 Tess
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.
13. A second access is required. This can be accomplished by two main access points
from main roadway or an emergency gated access into an adjoining development.
14. Commercial buildings shall have illuminated addresses of a size approved by the city.
8
RESOLUTION NO. 00-49
15. 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.
16. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
9