Loading...
HomeMy WebLinkAboutCC RES 03-027RESOLUTION NO. 03-27 A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW THE DEVELOPMENT OF A 689,071 SQUARE FOOT COMMERCIAL CENTER ON +/- 70 ACRES, A TENTATIVE PARCEL MAP TO SUBDIVIDE A 70 ACRES INTO 24 PARCELS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE ALSO REFFERED TO AS 34-000 MONTEREY AVENUE AND A.P.N.(s) 653-250-005, 014, 015, 018. CASE NO. PP 01-30, TPM 30502 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of January, 2003, which was continued to February 13, 2003, and February 27, 2003, hold a duly noticed public hearing to consider a request by RILEY/CARVER, LLC for the above mentioned; and WHEREAS, the Planning Commission by its Resolution 2176 has recommended approval of PP 01-30 and TPM 30502; 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 tentative parcel map: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. FINDINGS FOR APPROVAL OF A TENTATIVE PARCEL MAP: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvements of the proposed map is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. RESOLUTION NO. 03-27 4. That the site is physically suitable for the proposed density of development. 5. That the design of the of the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. 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 the approval of the above described Precise Plan 01-30 and Tentative Parcel Map 30502 are hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 27th day of February, 2003, by the following vote, to wit: AYES: KELLY, SPIEGEL, and BENSON NOES: CRITES and FERGUSON ABSENT: NONE ABSTAIN: NONE ATTEST: r.� JEAN M. BENSON, MAYOR RACHELLE D. KLASSEN,"CITY CLESK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 03-27 CONDITIONS OF APPROVAL CASE NO. PP 01-30, TPM 30502 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 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 the restated development agreement, 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 Riverside County Fire Department Palm Desert 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. Applicant shall participate in a commercial recycling program as determined by the City 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 the Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 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. 3 RESOLUTION NO. 03-27 9. Final landscape plans shall comply with the City's Parking Lot and Tree Standards per Ordinance 977 and Resolution 01-06 and must be approved by the City's 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 appropriate 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. 11. 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. All building setbacks along shall conform standards prescribed with the City of Palm Desert Zoning Ordinance (Chapter 25 of Palm Desert Municipal Code) and the restated development agreement. 13. All outdoor storage shall be screened from public view. 14. No recreational vehicle parking shall be permitted over night. The applicant shall provide the City with a signage plan indicating the locations and wording of the signage and shall be approved by the Community Development Director. 15. Outdoor sales and temporary uses shall be subject to standards prescribed in Chapter 25.64 of the Palm Desert Zoning Ordinance. 16. All future pad buildings shall be subject to review and approval by the City and the Architectural Review Commission and shall be consistent with the approved Desert Gateway Design and Signage Guidelines. 17. Signage for the Sam's and Wal-Mart building has been reviewed and approved by the Architectural Review Commission. All future signage for pad buildings shall be consistent with the approved Desert Gateway Design and Signage Guidelines and approved by the Architectural Review Commission. 18. Recordation of the parcel map shall be allowed with sufficient assurance to guarantee that the project will actually proceed. 19. Applicant shall install a traffic signal on Dinah Shore at the north project entrance. 4 RESOLUTION NO. 03-27 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 parcel map or issuance of grading permits. As provided for in Section 26.49.030 of the Palm Desert Municipal Code , the costs associated with the construction of master plan drainage facilities may be deducted from the project drainage fees. 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 on -site retention areas to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 100 year storm. The land -divider shall comply with all requirements of the Coachella Valley Water District regarding stormwater and drainage. 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 or the recordation of the parcel map. 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. 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. Encroachment permits will be required for all offsite improvements. 9. 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. 5 RESOLUTION NO. 03-27 10. In accordance with the Circulation Network of the Palm Desert General Plan, installation of a median islands in Monterey Avenue and Dinah Shore Drive 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. 11. All project landscaping shall be water efficient in nature and maintenance shall be provided by the property owners. Landscape plans shall be submitted for review and approval by the Public Works Department simultaneously with precise grading plans for each lot. 12. Applicant shall comply with the provisions of Municipal Code Chapter 24.12, Fugitive Dust Control as well as Chapter 24.20 Stormwater Management and Discharge Control. 13. The location and permitted movements of all project entry points shall be subject to the review and approval of the Director of Public Works. 14. Waiver of access rights to all public streets, shall be granted on the parcel map. Access rights shall be granted during the precise plan process. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all overhead electrical distribution, telephone and cable TV utilities shall be placed underground per the respective utility provider 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 and the city's Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to the following: Construction of curb, gutter and paving on all streets throughout the project. Dinah Shore Drive shall be constructed to a width of 76' on 100' right-of- way and shall include a 14' raised median island. Developer shall install a free right turn lane on the north side of Dinah Shore Drive from the project's north entrance to Monterey Avenue. Developer shall contribute $100,000.00 to widening the Monterey Avenue embankment from Dinah Shore Drive to the railroad over crossing. The developer shall make a good faith effort to secure all right-of-way and complete the necessary improvements prior to issuance of building permits. The City will cooperate with the developer in acquiring the necessary right-of-way. Monterey Avenue shall be constructed to a half -width of 58' on 70' right-of- way between Avenue 35 and Market Place Way, providing three northbound through lanes plus one northbound right turn auxiliary lane. Half -width right-of-way between Market Place Way and Dinah Shore Drive shall be 70' with three through lanes plus a right turn acceleration lane at 6 RESOLUTION NO. 03-27 Market Place Way, transitioning to three through lanes at Dinah Shore Drive. A 20' landscape buffer shall be provided in addition to the required street right-of-way per the Circulation Network. Gateway Drive (Lucas Way) shall be constructed to a width of 64' on 88' right-of-way between Dinah Shore Drive and Avenue 35. A 20' landscape buffer shall be provided in addition to the required street right-of-way per the Circulation Network. Avenue 35 shall be constructed to a half -width of 38' on 50' right-of-way. A 20' landscape buffer shall be provided in addition to the required street right-of-way per the Circulation Network. Construction of sidewalk in an appropriate size and configuration. It is anticipated that sidewalk will be 8' wide and adjacent to the curb on Dinah Shore Drive, Lucas Way (Gateway Drive) and Avenue 35, 8' meandering on Monterey Avenue. Construction of transit facilities as may be required by Sunline Transit Agency. Install traffic signals at Dinah Shore Drive and Gateway and Dinah Shore Drive at project's entrance. Signal at Monterey Avenue and 35`h Avenue shall be installed by the developer, but shall be reimbursed by the City. Modify existing traffic signals as necessary to accommodate required street improvements. All of the above improvements shall be completed prior to occupancy of any portion of the project. Any proposed phasing of improvements shall provide for adequate vehicular access to all lots and shall conform to the intent and purpose of the approval. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the parcel map. 17. Applicant shall be responsible for the implementation of those traffic impact mitigation measures identified in the Traffic Impact Study prepared by Urban Crossroads, as approved by the City of Palm Desert Public Works Department. 18. Traffic striping and signing shall be provided to the specifications of the Director of Public Works. A signing and striping plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any striping, pavement markings or signs. 19. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code or as approved by the precise plan. 7 RESOLUTION NO. 03-27 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 for storm water discharges associated with construction activity. 21. All applicable provisions, conditions and mitigation measures associated with County of Riverside Environmental Impact Report 166 as approved by the Board of Supervisors on July 28, 1992, shall be considered conditions of approval for this map. The land divider shall demonstrate compliance with applicable mitigation measures of EIR No. 166, prior to issuance of a grading permit. 22. In accordance with Palm desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Preliminary landscape plans shall be submitted concurrently with grading plans. 23. The property owners association shall be required to enter into a cost sharing agreement and be responsible for 25% of ongoing traffic signal and safety lighting maintenance and energy costs in perpetuity for the intersection of Monterey Avenue and Market Place Way. Total maintenance and energy costs are currently estimated at $3,000 per year. 24. Street names are subject to review and approval with the parcel map. 25. The main project driveway aligning with Market Place Way shall provide a minimum of 4 through lanes, two eastbound and two westbound, from Monterey Avenue to the main north/south drive aisle located directly in front of the Walmart/Sam's Club buildings or an alternate design as approved by the Director of Public Works. This driveway shall be designated as a fire lane and no parking will be allowed. Stop controls shall not be placed on this driveway, except as approved by the City Engineer. All on -site traffic control shall conform to the Manual of Uniform Traffic Control Devices. 26. Size and location of driveways shall be as approved by the City Engineer. The southerly driveway on Monterey Avenue shall be limited to right turn ingress/egress and left turn ingress. A maximum of two driveways will be allowed on Gateway Drive (Lucas Way). The westerly driveway on Avenue 35 shall be limited to right turn ingress and egress. 27. The developer shall contribute 50% up to $500,000 towards the cost to reconfigure the Monterey Avenue / Interstate 10 westbound on and off ramps. 8 RESOLUTION NO. 03-27 Riverside County Fire Marshal: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of : 3000 gpm for commercial buildings. 4. 150' from any portion of a commercial building measured via vehicular travel way 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius turn -around, 55 foot in industrial developments. 9 RESOLUTION NO. 03-27 12. All buildings shall have illuminated addresses of a size approved by the City. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 10