Loading...
HomeMy WebLinkAboutCC RES 08-042CITY COUNCIL RESOLUTION NO. 08-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN INCLUDING A CONDITIONAL USE PERMIT TO ALLOW A 27,000 SQUARE FOOT ADDITION TO THE EXISTING SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND DEMOLITION OF THE EXISTING EL PASEO VILLAGE (LOCATED BETWEEN SAN PABLO AND LUPINE LANE) AND CONSTRUCTION OF A 72,474 SQUARE FOOT TWO-STORY RETAIL, OFFICE, AND RESTAURANT DEVELOPMENT WITH PARKING STRUCTURE AND AN ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO. SUBJECT PROPERTIES ARE LOCATED AT 73-545 EL PASEO (GARDENS ON EL PASEO, APN: 627-261-006) AND 73-425 EL PASEO (EL PASEO VILLAGE, APN: 627-252-004, 005) CASE NOS.: PP 07-10, CUP 07-18 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February 2008, hold a duly noticed public hearing to consider the request by Davis Street Land Company, and granted preliminary approval for the project subject to the applicant entering into development agreements for the project; and WHEREAS, said application has complied with the requirements of the California Environmental Quality Act including the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, the Director of Community Development has determined that the project has required an Environmental Assessment resulting in a Mitigated Negative Declaration, as shown in exhibit `A'; and WHEREAS, the Architectural Review Commission recommended approval of the project at its January 8, 2008 meeting and the Planning Commission recommended approval of the project, including the Mitigated Negative Declaration, at its February 5, 2008 meeting; and WHEREAS, at the City Council's 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 the approval of said request: Precise Plan/Conditional Use Permit: 1. The proposed location of the project is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The proposed project is located in a C-1, General Commercial zone, with a Scenic Preservation overlay and is covered by the Palm Desert Commercial Core Area Specific Plan which encourages the retaiUrestaurant and second story office enhancement of the El Paseo Corridor. The proposed retail, RESOLUTION NO. 08-42 restaurant and office project is in accordance with the district in which it is located and the superior architecture and design meets the intent of the Scenic Preservation overlay district. 2. The proposed location of the project 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. The redevelopment will improve the aesthetics and overall quality of the area and will not be materially injurious to properties or improvements in the vicinity or be detrimental to public health, safety or general welfare of the City. The Conditional Use Permits for the restaurant uses in the C-1 zone assure that they are operated in a manner that is not detrimental- to the surrounding uses. 3. The proposed project will comply with each of the applicable provisions of this title. The project complies with all standards of the C-1, General Commercial zone. The project as conditioned complies with all provisions of the Zoning Ordinance including the precise plan and conditional use permit, except to the extent that those standards are superseded by standards provided in the development agreements.. 4. The proposed project complies with the goals, objectives, and policies of the city's adopted General Plan. The proposed project is consistent with the General Plan designation of Community Commercial and also the goals outlined in the Palm Desert Commercial Core Area Specific Plan of keeping the El Paseo area as a unique, pedestrian -oriented high -end retail shopping area. 2 RESOLUTION NO. 08-42 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 City Council does hereby approve the Mitigated Negative Declaration, PP 07-10, and CUP 07-18 and approves the project, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of May 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NONE ATTEST: FERGUSON, KELLY, SPIEGEL, and BENSON FINERTY NONE _ s1 LED KLASSEN, ITY CLF KTh CITY OF PALM DESERT, CALIFORNIA 4/71(- AAA)-1-4 JEAN M. BENSC61, Mayor 3 RESOLUTION NO. 08-42 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NOS: PP 07-10, CUP 07-18 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Approval of a precise plan of design including a conditional use permit to allow a 27,000 square foot addition to the existing saks 5th avenue at the existing gardens on el paseo and demolition of the existing el paseo village (located between san pablo and lupine lane) and construction of a 72,474 square foot two-story retail, office, and restaurant development with parking structure and an adoption of a mitigated negative declaration as it relates to the project thereto. Subject properties are located at 73-545 El Paseo (Gardens on El Paseo, APN: 627-261-006) and 73-425 El Paseo (El Paseo Village, APN: 627-252-004, 005) The Director of the Department of Community Development and the City of Palm Desert, Califomia Planning Commission and City Council have 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. ��" �2- May 22, 2008 LAURI AYLAIAN Date Director of Community Development 4 RESOLUTION NO. 08-42 CONDITIONS OF APPROVAL CASE NOS. PP 07-10, CUP 07-18 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. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 7. 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. 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. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 5 RESOLUTION NO. 08-42 10. All conditions of approval shall be recorded against each parcel on which development is to occur before any building permits are issued for construction on that parcel. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 11. Prior to issuance of permits for the Saks expansion the applicant shall work with the City Attorney to review and amend as necessary the current public parking easements for the existing Gardens on El Paseo parking deck to reflect the loss of parking spaces due to the Saks Fifth Avenue expansion. No permits shall be issued prior to the granting of replacement parking easements in the new parking structure at El Paseo Village. 12. The applicants shall enter into two development agreements for the approval of the above noted project, one agreement for the expansion of the Saks Fifth Avenue and one agreement for the El Paseo Village portions of the project. The development agreements shall address items including but not limited to: full reciprocity of parking between existing Gardens on El Paseo and the El Paseo Villiage remodel; shaded parking for top level of the parking decks at both portions of the project; parking for hybrid vehicles at the El Paseo Village portion of the project; and designed to LEED Silver certification standards under the New Construction rating system or the Core and Shell and Commercial Interiors rating systems for the El Paseo Village portion of the project. Occupancy of the Saks Fith Avenue expansion shall not be permitted until the easement for full public parking at the El Paseo Village has been executed and recorded. 13. Owners of each portion of the project agree to defend, indemnify and hold harmless the City of Palm Desert ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of any portion of this Project or any entitlements granted therefore, including any associated development agreements. The city shall have sole discretion in selecting its defense counsel. The city shall promptly notify the owner of any claim, action or proceeding and shall cooperate fully in the defense. 14. The applicant shall provide a public parking easement to the City over the new parking garage at the El Paseo Village as outlined in Development Agreement 07-03. 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). 6 RESOLUTION NO. 08-42 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). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspectiorrfee shall be paid prior to issuance -of grading permits. DESIGN REQUIREMENTS 6. Storm drain design and construction 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 taking into account the possible overflow of San Pablo and Lupine into the parking area incorporating preventative measures. 7. Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. 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. 9. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 10. Landscape installation shall be drought tolerant in nature and in accordance with the Citys Water Efficient Landscape Ordinance (24.04). 11. Landscape, grading, and utility plans shall be submitted for review concurrently. 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 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. 7 RESOLUTION NO. 08-42 CONSTRUCTION REQUIREMENT 13. All public improvements shall be inspected by the Department of 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. 14. 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. 15. 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 16. Drainage study shall take into account the possible overflow of San Pablo and Lupine into the lower level parking area incorporating preventative measures. 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 Codes, 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 fire flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1 /2"x2-1 /2", located not less than 25' nor more than 150' feet 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. 8 RESOLUTION NO. 08-42 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. (13 R and attic protector) 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 the 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' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. 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 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. 11. All buildings shall have illuminated addresses of a size approved by the city. 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 14. Fire Department ground floor access radius shall be not less than 31-feet inside and 52-feet outside. // 9