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HomeMy WebLinkAboutCC RES 04-087RESOLUTION NO. 04-87 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 135,152 SQUARE FOOT LOWE'S HOME IMPROVEMENT CENTER WITH A 31,048 SQUARE FOOT GARDEN CENTER, INCLUDING BUILDING AND SIGN HEIGHT EXCEPTIONS, AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND GERALD FORD DRIVE, 35-850 MONTEREY AVENUE. CASE NO. PP 04-13 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of August, 2004, hold a duly noticed public hearing to consider a request by EN Engineering on behalf of Lowe's Home Improvement for approval of Case No. PP 04-13, and WHEREAS, the Planning Commission of the City of Palm Desert, California, by its Resolution No. 2278 has recommended approval of Case No. PP 04-13; 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 a significant effect on the environment and a Negative Declaration 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 and reasons to exist to justify granting approval of said precise plan: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values not be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonable 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. 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. RESOLUTION NO. 04-87 2. That a Negative Declaration of Environmental Impact relating to Case PP 04-13, Exhibit "A" attached, is hereby certified. 3. That a height exception for building and sign heights delineated in the staff report dated August 26, 2004 is hereby approved, subject to the attached conditions. 4. That Precise Plan 04-13 is hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of August, 2004, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, FERGUSON, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA HELLE D. KLASSEIV, City Clerk City of Palm Desert, California 2 ROBERT A. SPIE RESOLUTION NO. 04-87 CONDITIONS OF APPROVAL CASE NO. PP 04-13 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 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 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. 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. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 RESOLUTION NO. 04-87 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. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 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. 1 1. 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. That the east wall of the truck loading dock area shall be a solid masonry wall to the height at least equal to the height of trucks using the facility. 13. That the trash enclosure area shall be of masonry construction for its full height. 14. That the applicant shall install along the east property line a minimum 6' high block wall in a design acceptable to ARC. Said wall may be waived if one has already been installed by the property owner to the east. 15. That there shall be no outdoor storage of any type on the site. 16. That there shall be no gates in the east driveway, unless first approved by the Fire Marshal and the Director of Community Development. 17. That the landscape plan shall provide for screening of the parking area. Said screening to be accomplished by landscaping, berming or garden walls or combination thereof. 4 RESOLUTION NO. 04-87 18. That a bus pullout/shelter shall be provided in a location specified by the City in consultation with Sunline Transit. 19. That the outdoor seasonal sales area shall be limited to three events per year, each with a maximum duration of two weeks, plus the sale of holiday trees between Thanksgiving and New Year's. 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 a 100 year storm and to retain nuisance water on -site. Any off - site drainage shall be preceded with property owner's permission. 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. 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 per City 5 RESOLUTION NO. 04-87 of Palm Desert standards. Owner shall enter into a landscape maintenance agreement with the City of Palm Desert 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 City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 1 1 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Future development pad shown at the northern part of the site shall be lowered to 316'. 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 standards and the city's Circulation Network including the following: • Full improvement of Gerald Ford Drive and Monterey Avenue with 75' dedication to accommodate a 9' half center median, 3 thru travel lanes, a bike lane, and 8' sidewalk within a 24' parkway. • Deceleration lanes shall be installed at the westerly entrance on Gerald Ford Drive and all Monterey Avenue entrances. • Developer shall install a landscaped center median on Monterey Avenue and be reimbursed by the City of Palm Desert for half the cost. • Right -of -way dedication shall be of sufficient width to include dual left turn lanes on southbound Monterey Avenue at Gerald Ford Drive. • Proposed public street at the northern edge of the site shall be improved with a 26' half street section within 38 feet of right-of-way. Intersection of said public street with Monterey Avenue may be signalized in the future if warranted, but shall be left -in, right -in and right -out only at this time (no left - out). Developer shall deposit 25% of the cost for future signal ($50,000). If a signal is not installed within five years of issuance of Certificate of Occupancy, said deposit shall be refunded. • An assessment district may be formed to install some of these improvements. 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 6 RESOLUTION NO. 04-87 13. This project shall be limited to two driveways each on Gerald Ford Drive and Monterey Avenue, and one on the proposed street on the northern end of the project. Driveway and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 30' minimum in width. The minimum length of the driveway throats -the distance between the prolongation of the curb on Monterey Avenue and the first break in the parking lot islands -shall be 100'. 14. Grading shall be co-ordinated with the property to the east so that the property line shall be located at the top of slope. 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 buildings per UFC article 87. 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 buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2- 1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 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 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 and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7 RESOLUTION NO. 04-87 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per CBC Chapter 9. 8. Install a fire alarm system as required by the Uniform Building Code Chapter 3. 9. Install portable fire extinguishers per NFPA10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' 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. 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). 12. Wherever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 13. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 14. All buildings shall have illuminated addresses of a size approved by the city. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // 8 RESOLUTION NO. 04-87 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 04-13 APPLICANT/PROJECT SPONSOR: EN Engineering 1920 Main Street, Suite 850 Irvine, CA 92616 PROJECT DESCRIPTION/LOCATION: A 135,152 square foot Lowe's Home Improvement Center at the northeast corner of Monterey Avenue and Gerald Ford Drive, 35-850 Monterey Avenue. 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. ,1) —° .;us 26. 2004 PHILIP DR LL DAT DIRECTOR OF COMMUNITY DEVELOPMENT 9