HomeMy WebLinkAboutCC RES 08-030RESOLUTION NO. 08-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A PRECISE PLAN AMENDMENT FOR AN
EXTENSIVE REMODEL AND MINOR ADDITION TO AN EXISTING
76,195 SQUARE FOOT RETAIL CENTER ON A 5.15-ACRE SITE
BOUNDED BY HIGHWAY 111, LARKSPUR LANE AND EL PASEO. THE
REMODEL INCLUDES THREE ARCHITECTURAL ELEMENTS FORTY
FEET IN HEIGHT. THE PROJECT WOULD INCLUDE THE FOLLOWING
ADDRESSES: 73-547-73-613 HWY 111, 45051 LARKSPUR LANE, AND
73540- 73580 EL PASEO. FA?ADE REMODELING WOULD INCLUDE THE
FOLLOWING EXISTING BUILDINGS: JENSEN'S MARKET AND ADJACENT
SHOPS FACING HIGHWAY 111, THREE DOG BAKERY FACING
LARKSPUR LANE, AND VARIOUS SHOP TENANTS IN 3 BUILDINGS THAT
FACE EL PASEO LOCATED DIRECTLY BEHIND (SOUTH) OF THE
JENSEN'S SHOPPING PLAZA CENTER.
CASE NO. PP 07-14
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of
May, 2008, hold a duly noticed public hearing to consider the request by the BILL
LANG/COMMERCE REALITY, for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of April, 2008, hold a duly noticed public hearing to consider the said
request, and by its Resolution No. 2472 recommended approval of PP 07-14; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution
No. 06-78, in that the Director of Community Development has determined that the project is
a Class 3 Categorical Exemption per Section 15303 (New Construction or Conversion of
Small Structures) of the California Environmental Quality Act (CEQA) and no further
environmental review is necessary; 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 that:
1. In accordance with Municipal Code Section 25.73 Precise Plan, the City
Council finds that if the proposed precise plan would substantially depreciate
property values in the vicinity or would unreasonably interfere with the use or
enjoyment of property in the vicinity by the occupants thereof for lawful
purposes or would endanger the public peace, health, safety or general
welfare, such plan shall be rejected or shall be so modified or conditioned
before adoption as to remove said objections.
The proposed plan, as designed, rather than degrade the vicinity would
upgrade and renew the weary facades on the Hwy 111 corridor, unify
architecturally the El Paseo and Hwy 111 buildings, promote marketability to
RESOLUTION NO. 08-30
existing and new tenants and remain consistent with the highest visual quality
expectations for the El Paseo shopping district. In addition the project
proposes to improve accessibility by conforming to the latest handicap access
standards, and proposes to provide a bus turn out and new landscaping.
Finally, parking to address proposed improvements as well as respond to the
requirements of the existing shops is satisfied. An additional 2 net parking
spaces have been provided.
2. In addition to the foregoing grounds of rejection, the City Council may also
consider and take into account the exterior architectural design, general
exterior appearances, landscape, color, texture of surface materials and
exterior construction, shape and bulk and other physical characteristics
including location and type of public utility facilities, and if it is found that the
proposed precise plan of design, including the considerations enumerated in
this chapter would interfere with the orderly development in the vicinity of the
precise plan area, or with the existing or proposed use thereof, such precise
plan of design shall be rejected or shall be so modified or conditioned before
approval as to remove the objections.
The proposed architectural style is iterated to convey a rich mixture of
individual storefronts and has been specified with maximum attention to
detailing of the architectural language in such a manner as to provide a
lasting positive contribution to the built environment. Where an approval to
exceed the 30 foot height limit is required, the architectural elements enhance
the street presence. The proposed materials and forms will render and
updated appearance.
3. The proposed Precise Plan complies with each of the applicable provisions of
the zoning ordinance and is consistent with the City's General Plan.
4. The proposed project will not be detrimental to the public health, safety or
general welfare, or materially injurious to properties or improvements in the
vicinity.
5. The proposed project will be an improvement and is consistent with the
surrounding uses and complies with the goals, objectives and policies of the
City's General Plan.
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
Commission in this case.
2. That it does hereby approve Precise Plan 07-14, subject to conditions
attached.
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RESOLUTION NO. 08-30
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 8th day of May, 2008, by the following vote, to wit:
AYES: FINERTY, KELLY, SPIEGEL, and BENSON
NOES: FERGUSON
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHELLED. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
M. BENSON„POIAYOR
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RESOLUTION NO. 08-30
CONDITIONS OF APPROVAL
CASE NO. PP 07-14
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 said project shall commence within one (1) 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. 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:
i. Coachella Valley Water District
ii. Palm Desert Architectural Commission
iii. City Fire Marshal
iv. 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.
4. Designated preferential parking for 2 alternative-fuel/hybrid vehicles and golf
carts shall be allocated in the Marketplace parking lot.
5. 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.
6. 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.
7. The project is subject to the Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
8. Four preferential parking spaces located in front of Jensen's Marketplace entrance
shall be demarcated as follows: Three shall be marked for Golf Cart and
Hybrid/Alternative Fuel Vehicle Use only, and one shall be marked for Golf Cart Use
only.
9. All decorative cupolas shall be removed from facade improvement proposal and
decorative height finishes on all structures shall not exceed 30 feet in height
measured from the grade on El Paseo on the El Paseo elevations, and measured
from the curb at the existing Jensen's entrance grade on elevations facing Larkspur
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RESOLUTION NO. 08-30
and Hwy 111. Decorative architectural height element 32 feet in height to be installed
over the Jensen's market entrance shall be allowed as per the conceptual exhibit
dated June 2, 2008 and approved by Mayor Benson and Council member Finerty
and the Director of Planning on June 3, 2008.
10. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted to
the Department of Community Development/Planning.
Department of Public Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner who shall
maintain the landscaping per the City approved landscape document package for the
life of the project, consistent with the Property Maintenance Ordinance (Ord. 801).
2. 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.
BONDS AND FEES
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF)which
shall be due at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
6. Complete grading and improvement plans and specifications on electronic files shall
be submitted to the Director of Public Works for checking and approval prior to
issuance of any permits for areas of new construction.
7. 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.
8. Pad elevations are subject to review and modification in accordance with Chapter 26
of the Palm Desert Municipal Code.
9. Landscape installation shall be drought tolerant in nature and in accordance with the
City's Water Efficient Landscape Ordinance (24.04).
10. Landscape, grading, and utility plans shall be submitted for review concurrently.
11. Full public improvements, as required by Section 26 of the Palm Desert Municipal
Code, shall be installed in accordance with applicable City standards including:
Construction of bus bay/deceleration lane on Hwy. 111 which shall be 10' in
width to allow for increased landscaping.
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RESOLUTION NO. 08-30
Construction of 5' wide sidewalk west of Hwy. 111 entrance and 6' wide
sidewalk east of entrance -decreasing in width adjacent to palm trees and
drainage facility.
Rights -of -way necessary for the installation of the above referenced
improvements shall be reviewed by the city prior to the issuance of any
permits associated with this project.
CONSTRUCTION REQUIREMENTS
12. All public and private improvements shall be inspected by Public Works and a
standard inspection fee shall be paid prior to issuance of grading permits. No
occupancy permit shall be granted until public improvements have been completed.
13. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
14. Prior to the start of construction, the applicant shall submit satisfactory evidence to
the Director of Public Works of intended compliance with the National Pollutant
Discharge Elimination System (NPDES) General Construction Permit for storm water
discharges associated with construction. Developer must contact Riverside County
Flood Control District for informational materials.
SPECIAL CONDITIONS
15. Project shall not block off the parking space of the neighboring property to the west
unless proof of an agreement is furnished to the City.
16. Relocation and necessity of any new handicap parking shall be determined by the
Building and Safety Department. No on -street handicap parking on El Paseo will be
allowed to serve this project.
Building & Safety Department:
1. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
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RESOLUTION NO. 08-30
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054)
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2005 California Energy Standards. Please
obtain a copy of the Ordinance for further information.
4. A disabled access is required to be submitted to the Dept of Building and Safety for
plan review of the site accessibility requirements as per 2001 CBC Chapter 11 B and
Chapter 10.
5. All exits must provide an accessible path of travel to the public way. (CBC 1006.1 &
1127B.1)
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5(8). The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
8. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
9. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm Desert
Municipal Code 15.04.110 through 15.04.160). Compliance with Ordinance 1006
regarding street address location, dimension, stroke of line, distance from street,
height from grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable shall
be addressed during the plan review process. You may request a copy of Ordinance
1006 from the Department of Building and Safety counter staff.
10. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites
Riverside County Fire Department:
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:
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RESOLUTION NO. 08-30
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. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2 "x
2'/2", located not less than 25' nor more than 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' from the building and within 50' 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 CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per MFPA 10, but not less than one 2A10BC
extinguisher per 3000 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 use.
11. 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 Tess 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.
12. All buildings shall have illuminated addresses of a size approved by the city.
13. Provide fire riser access across front exterior of building.
14. Fire Department radius shall be not less than 31' inside and 52' outside.
15. These buildings require full fire alarm systems.
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RESOLUTION NO. 08-30
16. Add three (3) Fire hydrants to service front of Jensen's Market.
17. New building shall be fully sprinklered.
18. Existing buildings may be progressed with sprinklers.
19. Provide letter and date of completion of sprinkler system.
20. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
Coachella Valley Water District:
1. Plans for grading, landscaping, and irrigation systems shall be submitted to the
District for review to ensure efficient water management.
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