HomeMy WebLinkAboutCC RES 09-41RESOLUTION NO. 09-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENT #1 TO A PREVIOUSLY APPROVED
PRECISE PLAN OF DESIGN TO REVISE THE NEW EL PASEO VILLAGE CENTER,
ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION,
AMENDING THE EL PASEO VILLAGE PUBLIC PARKING EASEMENT AGREEMENT
AND RELATED PARKING MANAGEMENT PLAN. SUBJECT PROPERTY IS LOCATED
AT 73-425 EL PASEO (APN: 627-252-004,005) CASE NOS.: PP 07-10
WHEREAS, upon the recommendation of the Architectural Review Commission and the
Planning Commission and after duly noticed public hearings, the City Council of the City of
Palm Desert, California, adopted Resolution 08-42 on May 22, 2008. This Resolution approved
three items:
1. Precise Plan of Design PP 07-10 for (a) an expansion of the existing Saks 5th Avenue at
the existing Gardens on El Paseo center (73-545 El Paseo; APN: 627-261-006) and (b)
replacement of the existing El Paseo Village shopping center with a new retail, restaurant
and office complex plus a one-story parking structure; and
2. Conditional Use Permit 07-18 permitting restaurants within the new El Paseo Village
center; and
3. A Mitigated Negative Declaration (MND) prepared in compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines and the City's procedures for
implementing CEQA.
WHEREAS, after a duly noticed public hearing, the City Council of the City of Palm
Desert adopted Ordinance No. 1156 on June 12, 2008 approving Development Agreement DA
07-03 between the City and El Paseo Land Company, LLC providing vested rights to the new El
Paseo Village Shopping Center and Development Agreement DA 07-04 between the City and
Gardens SPE II, LLC providing vested rights to the Saks 5th Avenue expansion project; and
WHEREAS, after a duly noticed public hearing, the Redevelopment Agency of the City
of Palm Desert passed Resolution No. 550 on June 26, 2008 approving a Second Addendum to
Parking Easement Agreement by which the Agency approved the Saks 5th Avenue expansion
project and the project parking site plan.
WHEREAS, on September 8, 2008, the City Council executed the
El Paseo Village Public Parking Easement Agreement and Parking Management
Plan to provide limited public parking at the new El Paseo Village Shopping Center. These
documents satisfied certain conditions of the Development Agreements.
Reso.Revised.EPV Page 1 of 16
RESOLUTION NO. 09-41
WHEREAS, a reduced -size El Paseo Village Shopping Center has been proposed through
an amendment to Precise Plan No. PP 07-10 together with a First Amendment to El Paseo
Village Public Parking Easement Agreement (as shown on Exhibit "A") and a First Amendment
to Parking Management Plan for the El Paseo Village Shopping Center Public Parking Easement
(as shown on Exhibit "B"). In addition, amendments to Development Agreements 07-03 and 07-
04 have been proposed. The major features of the revised project are a one-story development to
accommodate the restaurants and retail uses with a surface parking lot.
WHEREAS, an Addendum to the previously adopted MND has been prepared, as shown
on Exhibit "C", which the Director of Community Development has determined complies 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; and
WHEREAS, the Architectural Review Commission recommended approval of the
revised project at its May12, 2009 meeting and the Planning Commission recommended
approval of the project, including the Addendum to the Mitigated Negative Declaration, at its
May 19, 2009 meeting by passing Resolution No. 2501; and
WHEREAS, a First Amendment to Development Agreement 07-03 for the El Paseo
Village Shopping Center and a First Amendment to Development Agreement 07-04 for the Saks
Expansion at the Gardens on El Paseo have been prepared and are subject to separate approval
through City Council Ordinance No. 1186 ; 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, the City Council
did find the following facts and reasons to exist to justify approving the entitlements sought for
the revised project:
First Amendment to Precise Plan No. 07-10:
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 retail/restaurant enhancement of the El Paseo Corridor. The
proposed retail and restaurants are 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. The project as proposed helps fulfill objective 25.02.020B1 of the Zoning
Ordinance by producing sales tax and property revenue to the City over time.
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.
Reso.Revised.EPV Page 2 of 16
RESOLUTION NO. 09-41
The revised project will improve the aesthetics and overall quality of the area and will be
constructed in accordance with the California Building Code and all relevant safety
standards and regulations so as to 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
revised project blends with and enhances the neighboring Gardens on El Paseo center.
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,
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.
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 Addendum to the Mitigated Negative
Declaration utilizing its independent judgment. A Notice of Determination shall be filed
with the County Clerk.
3. That the City Council does hereby approve the First Amendment to El Paseo Village
Public Parking Easement Agreement.
4. That the City Council does hereby approve the First Amendment to Parking Management
Plan ("PMP") for the El Paseo Village Shopping Center Public Parking Easement.
5. That the City Council does hereby approve the First Amendment to Precise Plan PP 07-
10 generally shown on the Preliminary Site Plan dated May 14, 2009, as may be further
refined, applying the conditions of approval set forth in Resolution No. 08-42 with the
following changes:
• Condition No. 11 is no longer applicable due to the June 26, 2008 Palm Desert
Redevelopment Agency Resolution No. 550 approving a Second Addendum to Parking
Easement Agreement for the Gardens on El Paseo.
Reso.Revised.EPV Page 3 of 16
RESOLUTION NO. 09-41
• Condition No. 12 is amended to read as follows:
"The applicants shall enter into amendments to the two existing development agreements
for the approval of the above noted project, one amendment relating to the Saks Fifth
Avenue expansion project and the other amendment for the El Paseo Village project.
These projects are independent of each other; for example their construction schedules
and openings may differ. The development agreements, as amended, shall address items
including but not limited to: full reciprocity of parking between the existing Gardens on
El Paseo and the El Paseo Village remodel, and parking for hybrid vehicles at the El
Paseo Village surface parking lot."
• Condition No. 14 is amended to read as follows:
"The applicant shall provide a First Amendment to El Paseo Village Public Parking
Easement Agreement for the new surface parking lot."
6. That the City Council's earlier approvals of Precise Plan 07-10 and CUP 07-18 through
Resolution 08-42 remain in force and applicable to the Gardens on El Paseo Shopping
Center Saks 5th Avenue expansion project and to allow restaurants at the El Paseo Village
proj ect.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 11" day of June 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NONE
NONE
NONE
4‘40(9 4�
ROBERT A. SPIEGEI/, Mayr
RA HELLE D. KLASSEN, C TY CLERK
CITY OF PALM DESERT, CALIFORNIA
Reso.Revised.EPV
Page 4 of 16
RESOLUTION NO. 09-41
EXHIBIT A
Recording requested by, and when
recorded, mail to:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
[This instrument is exempt from Documentary Transfer Tax pursuant to Revenue and Taxation
Code Section 11922 and is exempt from Recorder's Fees pursuant to Government Code Sections
6103 and 27383]
FIRST AMENDMENT
TO
EL PASEO VILLAGE PUBLIC PARKING EASEMENT AGREEMENT
by and between the
CITY OF PALM DESERT, CALIFORNIA
and
EL PASEO LAND COMPANY, L.L.C.
of
June 11 ,2009
Page 5 of 16
RESOLUTION NO. 09-41
FIRST AMENDMENT
TO
EL PASEO VILLAGE PUBLIC PARKING EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO EL PASEO VILLAGE PUBLIC PARKING EASEMENT
AGREEMENT is made and entered into as of this 11 thday of June , 2009, by and between the
CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing
under the laws of the State of California (the "City"), and EL PASEO LAND COMPANY,
L.L.C., a Delaware limited liability company (the "Developer"). All capitalized terms used but
not otherwise defined herein shall have the meanings ascribed to them in the El Paseo Village
Public Parking Easement Agreement.
RECITALS
1. The City and the Developer did enter into that certain El Paseo Village Public
Parking Easement Agreement dated September 8, 2008 and recorded on October 2, 2008 as Doc
#2008- 0537024, in Riverside County, California (the "Agreement").
2. The City and the Developer are not in default of their respective obligations under
the Agreement principally because the Easement is not yet in effect.
3. The City and the Developer desire to amend the Agreement to reflect certain
approved changes to the Project, including, inter alia, that the Project will not have a parking
deck, but will have only a surface parking area and that the total number of parking spaces will
be 182 and not the 295 spaces originally contemplated.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The Parking Site Plan attached to the Agreement as Exhibit "B" is deleted in its
entirety and is replaced with the First Amended Parking Site Plan attached to this First
Amendment as Exhibit "A".
2. Section 1 of the Agreement is deleted in its entirety and is replaced with the
following: "Public Parking Easement. Developer hereby grants to City a non-exclusive
easement solely for the purpose of providing passenger vehicle parking to one hundred fifty
(150) public parking spaces within the surface parking lot of the El Paseo Village Shopping
Center. This Easement inures to the benefit of the general public, the Developer and developer's
tenants, occupants, employees, customers, invitees and licensees. Developer, on behalf of itself
and all future owners of the Property, expressly reserves all of its rights which are not
inconsistent with the use and enjoyment of the Easement herein granted, including without
limitation, the right to operate a private commercial development. There shall be no residential
Page 6 of 16
RESOLUTION NO. 09-41
parking nor parking provided for employees of other businesses within the El Paseo Village
Business District."
3. Section 2 of the El Paseo Village Public Parking Easement Agreement is deleted in
its entirety and replaced with the following: "Effective Date and Term of Easement. The term of
the Easement and this Agreement shall commence upon the date which the City issues a
certificate of occupancy for the project inclusive of the surface parking lot and the City delivers
to Developer the amount specified as consideration for this Easement in Development
Agreement 07-03, as may be amended (the "Effective Date"). Should the aforementioned
conditions not occur, the Easement and this Agreement shall be void ab initio and of no legal
force and effect. Should the aforementioned conditions occur, the term of the Easement and this
Agreement shall expire and be of no further force and effect on January 1, 2050, unless prior to
the expiration date, the parties (or their successors and assigns) in writing terminate this
Easement and Agreement."
4. Wherever the term "Parking Deck" appears in the Agreement and Easement, the
term shall be replaced with "surface parking lot."
5. Except as expressly set forth in this First Amendment, the terms, provisions and
covenants of the Agreement remain unmodified and in full force and effect.
6. This First Amendment may be executed in counterparts, each of which shall be
deemed an original and shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City and the Developer have caused this First
Amendment to the El Paseo Village Public Parking Easement Agreement to be executed by their
duly authorized representatives and the City has caused its seal to be affixed thereto, and attested
as to the date first above written.
"CITY": CITY OF PALM DESERT, CALIFORNIA
By:
Attest:
(SEAL)
City Clerk
Mayor
STATE OF CALIFORNIA )
) SS.
COUNTY OF RIVERSIDE )
On this day of , 2009, before me appeared
, to me personally known, who, being by me duly sworn, did say that he
Page 7 of 16
RESOLUTION NO. 09-41
is the Mayor of the CITY OF PALM DESERT, CALIFORNIA, an incorporated political
subdivision of the State of California, and that the seal affixed to the foregoing instrument is the
seal of said City, and said instrument was signed and sealed in behalf of said City by authority of
its City's Board of Councilmen, and said Mayor acknowledged said instrument to be the free act
and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
Notary Public
(SEAL)
My Commission Expires:
Page 8 of 16
RESOLUTION NO. 09-41
"DEVELOPER":
Attest:
(SEAL)
, Secretary
STATE OF ILLINOIS )
) SS.
COUNTY OF )
EL PASEO LAND COMPANY, L.L.C.
a Delaware limited liability company
By:
Robert Perlmutter, Manager
On this day of , 2009, before me appeared
to me personally known, who, being by me duly sworn, did say that he is the Manager of El
Paseo Land Company, L.L.C., a Delaware limited liability company, and that he is authorized to
sign the instrument on behalf of said company, and acknowledged to me that he executed the
within instrument as said company's free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
Notary Public
(SEAL)
My Commission Expires:
Page 9 of 16
RESOLUTION NO. 09-41
EXHIBIT B
FIRST AMENDMENT
TO
PARKING MANAGEMENT PLAN ("PMP") FOR THE EL PASEO VILLAGE
SHOPPING CENTER PUBLIC PARKING EASEMENT
by and between the
CITY OF PALM DESERT, CALIFORNIA
and
EL PASEO LAND COMPANY, L.L.C.
of
June 11
2009
Page 10 of 16
RESOLUTION NO. 09-41
FIRST AMENDMENT
TO
PARKING MANAGEMENT PLAN ("PMP") FOR THE EL PASEO VILLAGE
SHOPPING CENTER PUBLIC PARKING EASEMENT
THIS FIRST AMENDMENT TO PARKING MANAGEMENT PLAN ("PMP") FOR THE
EL PASEO VILLAGE SHOPPING CENTER PUBLIC PARKING EASEMENT is made
and entered into as of this 11 thday of June , 2009, by and between the CITY OF PALM
DESERT, CALIFORNIA, a municipal corporation organized and existing under the laws of the
State of California (the "City"), and EL PASEO LAND COMPANY, L.L.C., a Delaware
limited liability company (the "Developer"). All capitalized terms used but not otherwise
defined herein shall have the meanings ascribed to them in the PMP.
RECITALS
1. The City and the Developer did enter into that certain Parking Management Plan
("PMP") For The El Paseo Village Shopping Center Public Parking Easement dated September
8, 2008 (the "Agreement").
2. The City and the Developer are not in default in the performance of their
respective obligations under the PMP primarily because the underlying Easement is not yet in
effect.
3. The City and the Developer desire to amend the Agreement to reflect certain City
approved changes to the El Paseo Village Shopping Center, as allowed by Article 6 of the PMP.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Wherever the term "Parking Structure" appears in the PMP, the term shall be
replaced with "Parking Lot."
2. Section 1.3 of the Agreement is deleted in its entirety and replaced with the
following: "The Parking Site Plan defines all parking improvements, areas and spaces within
the Parking Lot at the El Paseo Village Shopping Center, inclusive of those Improvements for
public parking, as may be amended. The current Parking Site Plan is the First Amended Parking
Site Plan attached as Exhibit A to the First Amendment to Parking Management Plan ("PMP")."
Page 11 of 16
RESOLUTION NO. 09-41
3. The Parking Site Plan attached to the PMP as Exhibit A is deleted in its entirety
and replaced with the First Amended Parking Site Plan attached to the First Amendment to the
PMP as Exhibit "A".
4. Except as expressly set forth in this First Amendment, the terms, provisions,
covenants and agreements of the PMP remain unmodified and in full force and effect.
5. This First Amendment may be executed in counterparts, each of which shall be
deemed an original and shall constitute on and the same document.
IN WITNESS WHEREOF, the City and the Developer have caused this First
Amendment to the Parking Management Plan ("PMP") For The El Paseo Village Shopping
Center Public Parking Easement to be executed in their respective names and the City has caused
its seal to be affixed thereto, and attested as to the date first above written.
"CITY": CITY OF PALM DESERT, CALIFORNIA
Attest:
Rachelle D. Klassen, City Clerk
"DEVELOPER":
By:
Robert A. Spiegel, Mayor
EL PASEO LAND COMPANY, L.L.C.
a Delaware limited liability company
By:
Robert Perlmutter, Manager
Page 12 of 16
RESOLUTION NO. 09-41
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Page 13 of 16
FIRST AMENDED PARKING SITE PLAN
15 JUNE 2009
DESERT, CA
RESOLUTION NO. 09-41
EXHIBIT C
ADDENDUM TO
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
AND FINDINGS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
("CEQA") FOR THE
REVISED EL PASEO VILLAGE PROJECT
PALM DESERT, CALIFORNIA
BACKGROUND
The GARDENS EXPANSION/NEW EL PASEO VILLAGE Project (the
"Project") was approved by the City of Palm Desert, California through a series of
approvals on or about January 8, 2008 (Architectural Review Commission), February 5,
2008 (Planning Commission), February 28, 2008, May 22, 2008 and June 12, 2008 (City
Council). This Project provided for the (i) limited expansion of the existing Saks Fifth
Avenue building at the existing Gardens on El Paseo shopping center; and (ii) the
redevelopment of the El Paseo Village shopping center. An Initial Study and Mitigated
Negative Declaration ("MND") was prepared for the Project pursuant to the California
Environmental Quality Act (CEQA) and the CEQA Guidelines. The MND was
circulated for public comment and approved by the Palm Desert City Council through
Resolution No. 08-42 adopted on May 22, 2008. In accordance with all Project
approvals, the existing El Paseo Village shopping center has been razed.
In response to the current downturn in the economy, a reduced redevelopment
design has been proposed for the new El Paseo Village portion of the project (the
"Reduced Project"). The Reduced Project envisions a one-half reduction in the gross
square feet of the original El Paseo Village center, from approximately 70,000 s.f. to
about 40,800 s.f. The Reduced Project consists of 3 one-story buildings for retail and
restaurant uses with a surface parking lot covering generally the same footprint as the
original El Paseo Village center. The original El Paseo Village center consisted of 3 two-
story buildings for retail, restaurant and office uses with a one-story parking structure.
There are no physical changes proposed for the Saks Fifth Avenue building expansion
portion of the Project.
The Reduced Project entails certain technical amendments to the approvals issued
for the Project in 2008 and also requires a new Precise Plan. These amendments and
Precise Plan are materially consistent with the original Project approvals and all
CEQA Findings & Addendum for the Reduced El Paseo Village Project (5-12-09)
Page 14 of 16
Page 1 of 3
RESOLUTION NO. 09-41
applicable development regulations of the City of Palm Desert, including without
limitation the City's General Plan, Commercial Core Area Specific Plan, and Zoning
Ordinance, inclusive of the C-1 zone standards and scenic preservation overlay standards.
CEOA ANALYSIS
Review under the California Environmental Quality Act (CEQA) has already
occurred for the Project through the adopted MND. CEQA limits re -review to conditions
or circumstances that arise under Public Resources Code Section 21166 and CEQA
Guidelines Section 15162.
These CEQA laws state no subsequent environmental document such as an EIR or
negative declaration shall be prepared for a project unless the lead agency determines, on
the basis of substantial evidence in light of the whole record, one or more of the
following:
(1) substantial changes are proposed in the project which will require major
revisions of the previous MND due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous MND
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous MND was approved as complete shows any of the following:
a. The project will have one or more significant effects not discussed in
the previous MND;
b. Significant effects previously examined will be substantially more
severe than shown in the previous MND;
c. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible but the project proponents decline to adopt
such measures or alternative;
d. Considerably different mitigation measures or alternatives would
substantially reduce one or more significant effects, but the project
proponents decline to adopt such measures or alternative
Where none of the conditions set forth above occur, with substantial evidence,
then the lead agency may determine to prepare an Addendum to the previously adopted
Mitigated Negative Declaration. CEQA Guidelines 15162(b) and 15164(b). Reliance
upon the earlier MND is cause for the filing of a new Notice of Determination once the
Reduced Project is approved accompanied by an Addendum. CEQA Guidelines 15094.
CEQA Findings & Addendum for the Reduced El Paseo Village Project (5-12-09)
Page 15 of 16
Page2of3
RESOLUTION NO. 09-41
The Reduced Project has been evaluated to determine if there is any substantial
evidence of the circumstances or conditions which would warrant a subsequent
environmental document. The existing environmental assessments, studies and reports
were evaluated and compared with the Reduced Project. All 17 potential environmental
impacts studied in the MND were determined to be Less Than Significant, with only
Aesthetics, Geology & Soils, Noise and Transportation/Traffic requiring select mitigation
measures in order to reach that determination.
Due to the fact that this Reduced Project presents a substantial reduction in the
size of the original project, its potential physical impacts on the environment are fewer
and less intense than the original Project. Its height, massing and scale are significantly
reduced, and the parking structure is replaced with an adequate surface parking lot. In
addition, this Reduced Project is materially consistent with the existing approvals and
land use regulations of the City of Palm Desert. Therefore, there is no substantial
evidence that any of the conditions or circumstances which would require a new
environmental document are present. This smaller project does not present new or
heightened significant effects nor introduce the possibility of new, feasible mitigation
measures or alternatives.
In conclusion, the lead agency, the City of Palm Desert, in the exercise of its
independent judgment, determines that this Addendum is complete and has been prepared
in accordance with the requirements of CEQA. The previously adopted MND is
incorporated herein by this reference. The City determines that all mitigation measures in
the MND remain applicable to the Reduced Project except all those which relate to the
parking structure (sometimes referred to as the New El Paseo Village Parking Deck)
since the Reduce Project does not contain a parking structure.
A notice of determination shall be filed with the County Clerk upon the approval
of the Reduced Project.
June 11, 2009
Signature — Lauri Aylaian, Community Development Date
Director, City of Palm Desert
Page i6g o3fo6
CEQA Findings & Addendum for the Reduced El Paseo Village Project (5-12-09)