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HomeMy WebLinkAboutCC RES 04-026RESOLUTION NO. 04-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO, FOR 122,000 SQUARE FEET OF GROSS LEASABLE OFFICE SPACE, 110,880 SQUARE FEET OF GROSS LEASABLE RETAIL INCLUDING ONE DRIVE-THRU RESTAURANT ADJACENT TO GERALD FORD DRIVE, AND A THREE- STORY HOTEL WITH UP TO 130 ROOMS AT THE SOUTHWEST CORNER OF COOK STREET AND GERALD FORD DRIVE, 37-001 COOK STREET. CASE NO. PP 03-11 WHEREAS, the City Council of the City of Palm Desert, California, did on the 1 1 th day of December, 2003, hold a duly noticed public hearing to consider the request by RICK EVANS for approval of the above described project; and WHEREAS, the Planning Commission by its Resolution No. 2231 has recommended approval of said precise plan; 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. 02-60," 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 of Environmental Impact is warranted based on the data provided as part of the University Village Master Plan, the General Plan Update and EIR; 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 request: 1. The proposed precise plan will comply with each of the applicable provisions of this title, except for approved exceptions permitted through the development agreement process. 2. The proposed location of the office / retail / hotel complex 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. RESOLUTION NO. 04-26 3. The proposed precise plan complies with the goals, objectives, and policies of the City's General Plan and all alternatives considered in the General Plan Update. 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, attached hereto as Exhibit "A", is hereby certified 3. That the City Council does hereby approve Case No. PP 03-11, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this _8th day of April, _2004_, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE Algt,4a, ROBERT A. SPIEGEL4lf'OR ATTEST: cSe,Ar- RACHELLE D ASSEN, CITY CLERk City of Palm Desert, California 2 RESOLUTION NO. 04-26 CONDITIONS OF APPROVAL CASE NO. PP 03-11 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 one year from the date of final approval or the term provided for in Development Agreement 03-03 (DA 97-2 as amended), whichever is greater. 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 statues 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 permit and/or clearance from the following agencies: Coachella Valley Water District City Fire Marshal 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. 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 and shall include provisions for recycling. 6. All future occupants of the buildings shall comply with parking requirements provided in DA 03-03. 3 RESOLUTION NO. 04-26 7. 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 Tong -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. 8. A detailed parking lot and field 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. 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, Fringed -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 11. That the project shall be permitted medical office use provided said medical office use shall be parked at a rate of six parking spaces per 1,000 square feet per Municipal Code Section 25.56.310. 12. That the approval of PP 03-1 1 shall not be effective until the related Development Agreement (DA 03-03) is approved by the City Council. 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 designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 2. 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. Modification of existing signals at Gerald Ford and Technology Drive, and 4 • RESOLUTION NO. 04-26 at Cook and Berger Circle West, may be used as credit against these fees, at the discretion of the City Council. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. 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. 5. 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. 6. 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. 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. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 10. 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. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. 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 5 RESOLUTION NO. 04-26 standards, the city's Circulation Network, and the University Village Offsite Street Site Plan dated November 4, 2003 including the following: • Curb, gutter, paving sidewalk on Gerald Ford Drive, Cook Street, Technology Drive, Spine Road, and Berger Drive. • Gerald Ford Drive shall be constructed to a half -street width of 45' on 75' right of way minimum, plus free right turn lane onto Cook Street. • Cook Street shall be constructed to a half -street width of 51' on 75' right of way minimum, plus free right tum lane from Gerald Ford Drive. Landscaped center median on Cook Street, Gerald Ford Drive, and Berger Circle. Signal modifications at Cook and Berger Circle West, Gerald Ford and Technology Drive. Right turn lanes at all entrances. Construct continuous auxiliary right tum acceleration/deceleration lane from Gerald Ford Drive to Berger Circle West. Construction of a bus facility with turnout as required by Sunline Transit Agency. Construct a free right turn lane with deceleration and acceleration lanes on the southwest corner of Cook Street and Gerald Ford Drive. Ultimate street improvements on Cook Street and Gerald Ford Drive shall be installed prior to the issuance of any certificate of occupancy for Phase 1. Ultimate Street improvements on Technology Drive, Spine Road, and Berger Drive shall be installed prior to the issuance of any certificate of occupancy for any subsequent phase. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 13. This project shall be limited to one driveway on Gerald Ford Drive, one driveway on Cook Street and one driveway on Berger Circle, with right turn ingress and egress. The Cook Street driveway may also be provided with left tum ingress subject to final design and approval by the City Engineer. The Gerald Ford Drive driveway may also be provided with left turn ingress subject to final design and approval by the City Engineer. Two full access driveways may be permitted on Spine Road. Driveways and parking Tots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 6 RESOLUTION NO. 04-26 14. Proposed Berger Drive shall match the width of Berger Drive to the east. Proposed Technology Drive shall be constnicted to a width of 52' on 76' right of way to match Technology Drive to the north. Spine Road shall be constructed to a half street width of 26' on 38' right of way minimum, with a 12' raised, landscaped median island. Spine Road shall be widened to provide a minimum of four traffic lanes at key intersections, as determined by the City Engineer. Interim street widths shall conform to the approved rough grading plan. 15. Parcel Map shall be required to erase existing property lines, establish new property lines and make dedications for future street widening. 16. A traffic study has been prepared and accepted for this project. Fire Department Conditions 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, CFC and CBC 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, 3000 gpm for commercial buildings and 150' from any portion of a commercial building measured via vehicular travelway. 3. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 4. Install and 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' from the building within 50' of an approved hydrant. Exempted are one and two family dwellings. 5. All valves controlling the water supply for automatic sprinkler systems and Water - flow switches shall be monitored and alarmed per UBC chapter 9. 6. Install a fire alarm system as required by the UBC Chapter 3. 7 RESOLUTION NO. 04-26 7. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' from walking distance. A `K' type fire extinguisher is required in all commercial kitchens. 8. Install a Hood/Duct automatic fire extinguisher system per NFPA 96 in all public and private cooking operations except single-family residential usage. 9. All building 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 not be less than 24' 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' wide and 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. 10. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstances shall a dead end over 1300' be accepted. 11. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 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 tot he 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. 15. Verify all turning radii are a 45 degree radius. 8 RESOLUTION NO. 04-26 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 03-1 1 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Rick Evans 57745 Interlachen La Quinta, CA 92253 A Precise Plan of Design, and a Negative Declaration of Environmental Impact as it relates thereto, for 122,000 square feet of gross leasable office space, 110,880 square feet of gross leasable retail including one drive-thru restaurant adjacent to Gerald Ford Drive, and a three-story hotel with up to 130 rooms at the southwest corner of Cook Street and Gerald Ford Drive, 37-001 Cook Street. 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. x-—� 4/8/04 PIILIP DRE L DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9