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HomeMy WebLinkAboutCC RES 2013-05RESOLUTION NO. 2013-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REMODEL AND EXPANSION TO THE EXISTING 111 TOWN CENTER TO ACCOMMODATE A NEW GROCERY STORE AND RETAIL USE. THE PROJECT IS LOCATED AT 44459 TOWN CENTER WAY. CASE NO. PP/CUP 12-223 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of December 2012, hold a duly noticed public hearing and recommended approval to the City Council of the request by Aubrey Cook McGill Architects for approval of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, on the 24th day of January 2013, hold a duly noticed public hearing to consider the request by Aubrey Cook McGill Architects for approval of the above noted; 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. 2012-20, in the Director of Community Development has determined that the project 111 Town Center was subject to a comprehensive CEQA review at the time it was initially approved in 1986. The project was constructed and provided mitigation measures for all the impacts to the vacant land at that time. The 15.2-acre site was divided into 17 commercial Tots. The current approval takes place on 2.4 acres and merely reaffirms the prior approvals, and does not change in any way. Staff has reviewed the prior CEQA analysis and current conditions, and confirmed that there are no changes in circumstances or the project that would warrant additional CEQA review at this time. The proposed project is categorically exempt under CEQA Section 15332 infill development projects Class 32 on sites smaller than five acres in size; 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 the approval: FINDINGS: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location of the project is located in a PC (3), Planned Commercial Regional zone. The purpose the PC (3) Regional Commercial Center is to provide a unified area for commercial uses which offer a wide range of goods and services. Chapter 25.30 of the City of Palm Desert's Zoning Ordinance Section 25.30.026 states a supermarket having sixty RESOLUTION NO. 2013-05 thousand gross square feet or less and a department store are permitted uses within the PC (3) zone. The conditional uses in the Regional Commercial PC (3) zone, would comply with the Zoning Ordinance. The City of Palm Desert currently has neighborhood supermarkets such as Vons, Albertsons, and Ralphs that are more affordable and diverse of customer products. There is a need for the specialty neighborhood -oriented markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's. Larger retail discount centers are also needed within communities to provide diversity. The City will be able to better serve its residents and assure that these businesses can compete in coming years. Additional conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including Public Works, Building and Safety, and the Fire Department Conditions. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed project as a conditional use is consistent with the intent of the City's Zoning Ordinance as described above. The project has been conditioned to address public health and safety and will require permits from the City's Building and Safety Department, Finance Department, Riverside County Fire Marshal, as well as other local agencies. The project will not physically divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements such that it will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to properties or improvements in the vicinity as described in more detail in the staff report. A condition of approval has been placed on the project that will require the project proponent to construct all necessary on and off -site infrastructure to provide utilities to the proposed project prior to the issuance of building permits. Water, sanitation and public utilities and services are available in Highway 111, a public street. The loading docks for the project are located along a storm channel, over 230 feet from the nearest receptors, so the sound generated by the project as conditioned will not be materially injurious to surrounding properties. G:\Planning\Xevin Swartz\WorQWredse Plans\111 Town CenteACC Res Final.doc RESOLUTION NO. 2013-05 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance. The use of a grocery store and department store with a Conditional Use Permit (for the land use), is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed uses and building square footages are compatible with surrounding land uses, and is a part of and complements and supports the existing commercial center. Additionally, conditions have been added to the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions. No variances or adjustments are proposed or are necessary for this project. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The General Plan land use designation for the site is C-R (Regional Commercial). A primary objective stated in the General Land Use Goals, Policies and Programs is: Goal 2, which states "a diverse resort residential community of desirable residential neighborhoods and resorts, full commercial services, and institutional uses that complement the employment base and provide a variety of community services and facilities." Palm Desert was developed as the premier commercial retail center of the Coachella Valley, with the Westfield Mall, Desert Crossings, and a variety of other retail commercial centers. It is also the home of the premier high -end El Paseo commercial corridor, which has evolved as a unique and unrivaled premier shopping district of the City. The City has also emerged as a highly diverse residential community with residential product to appeal to a broad socio-economic cross section. The proposed Whole Foods and Nordstrom Rack fulfills an important need for City residents, fills a currently vacant retail space, enhances the function and desirability of 111 Town Center, and complement the local employment base of the City. Goal 3 of the General Land Use Goals, Policies, and Programs states "an appropriate mix of commercial, resort and other revenue -generating land uses that will continue to fund a high level of community development activities, services and facilities in the City." G:Wlanning\Kevin Swartz\Word\Predse Plans\111 Town Center\CC Res Final.doc 3 RESOLUTION NO. 2013-05 The proposed project addresses a current need of the City and vicinity in that it brings two new businesses to occupy space in the community in a currently vacant building and commercial center. It will also have important direct and indirect impacts on City revenues by generating retail sales and enhancing the sales potential of the existing and future 111 Town Center businesses. Policy 3 of the General Land Use Goals, Policies, and Programs states "the City shall integrate land use analysis and planning with economic and fiscal analysis as an essential part of development of a master strategic plan for economic development." In considering the appropriateness of the proposed uses, the City balances the land use and planning issues with those associated with maintaining a strong local economy that generates a revenue stream to support community facilities and services. The proposed uses, broadens and strengthens the City economic base and is consistent with the City's economic development strategies. Policy 4 of the General Land Use Goals, Policies, and Programs states "every opportunity shall be exploited to enhance the character and viability of the City's commercial areas, including Highway 111, El Paseo, the University Park planning area and the Interstate 10 corridor by integrating nearby higher density residential uses with retail and officelbusiness park land uses." The proposed project is expected to have a very positive effect on the business district comprised on 111 Town Center, Waring Plaza, Desert Crossings, and other City commercial areas in the vicinity. The project has the potential to enhance the viability of this part of the City's commercial area. Goal 2 of the Residential Land Use Goals and Policies states "the preservation and enhancement of the City's existing neighborhoods." The proposed uses do not separate or significantly affect existing neighborhoods in the planning area. Residential developments to the east and north are all composed of internally oriented one-story, single-family neighborhoods. Project traffic, including delivery trucks, should have no impact on existing neighborhoods. The proposed project does not separate or divide an existing neighborhood but rather helps to provide convenient access is needed neighborhood commercial services. Policy 3 of the Residential Land Use Goals and Policies states "the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure." G:\Planning\Kevin Swartz\WordrtPrease Pians1111 Town Center'CC Res Final.doc 4 RESOLUTION NO, 2013-05 Shopping centers constitute the commercial infrastructure that supports the residents and their needs. Over the past two decades, the subject property has seen a variety of retail users, which includes businesses that have not �-. been able to remain viable in the long-term. In addition to providing a much - needed boost to retail activity at 111 Town Center, the project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. Goal 1 of the Commercial Land Use Goals and Policies states "an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents, fully exploit opportunities to serve the regional retail commercial market, and provide hospitality and tourist commercial development opportunities." The proposed project appears to be an appropriate integration of neighborhood, residential -serving commercial services within easy walking distance of homes to the north and east. Both the residents and others working in the vicinity are also expected to make expenditures at the new Whole Foods and Nordstrom Rack, along with future retailers and keep associated retail sales revenues in the City. Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses." As a part of the Town Center Way, Fred Waring, and Highway 111 commercial corridors, the proposed uses should compliment and create synergies with the other retail businesses at 111 Town Center and the vicinity. This enhanced mix of commercial services provides vertical integration between general retail, dining and neighborhood commercial uses supports the City's overall retail commercial and strengthens local fiscal conditions. 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 PP/CUP 12-223, subject to conditions. G:\Planning\Xevin Swartz\WordPredse Plans\111 Town Center\CC Res Finet.doc 5 RESOLUTION NO. 2013-05 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of January 2013, by the following vote, to wit: AYES: BENSON, TANNER, WEBER, and HARNIK NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: RA 'ELLE D. KLASSEN, CI CLERK A.) CITY OF PALM DESERT, CALIFORNI /JAN C. HARNIK MAYOR G:\Planning\Kevin Swartz\Word Predse Plans\111 Town Center\CC Res Final.doc 6 RESOLUTION NO. 2013-05 CONDITIONS OF APPROVAL CASE NO. PP/CUP 12-223 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. That the proposed two 45-foot tower elements be reduced to 42 feet 6 inches. 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: 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 & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 5. The applicant shall submit design development plans to the Architectural Review Commission before review of the construction drawings by the City. 6. 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. 7. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 8. 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. 9. All Delivery trucks and vehicles shall enter the premises via Town Center Way and Highway 111 only, no access from Fred Waring Drive. 10. Store hours for the supermarket shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) seven days a week. G:\Planning\Kevin Swartz\Word\Precise Plans\111 Town Center\CC Res Rnal.doc 7 RESOLUTION NO. 2013-05 11.That the building colors be consistent with those shown on the material sample board and the design is consistent as approved by the Architectural Review Commission. 12.That any future restaurants on the site shall provide an effective means of odor control from cooking units satisfactory to the Planning and Building Departments prior to issuance of building permit. 13.That all signs on site be approved under a sign program by the Architectural Review Commission and conform to the sign program requirements. 14. 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. 15. 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. 16. All Landscaping and lighting for the facility shall be strictly on site and will not intrude onto surrounding properties. 17. The owner shall be responsible for installation and maintenance of landscaping of the property, as indicated on the approved landscape plan. 18. All HVAC roof -mounted mechanical equipment must be screened from public view. 19. All operations shall comply with the City Noise Ordinance Chapter 9.24 of the Palm Desert Municipal Code. 20. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be provided where necessary on outdoor equipment, whether roof or pad -mounted, including but not limited to cooling towers, air-cooled condensers, refrigeration compressors/condenser units, and air intake and discharge openings for building ventilation. DEPARTMENT OF PUBLIC WORKS: The applicant shall: 1. No utilities may be located within Highway 111 except for the proposed Edison line located within five feet of the face of curb in the number three lane per the street improvement plans submitted to the Public Works Department Director dated December 27, 2012. G: lannin9\Kevin Swartz\WordPPredse Plans1111 Town Center\CC Res Final.doc 8 RESOLUTION NO. 2013-05 The applicant shall: 2. Complete all off -site improvements within the Highway 111 roadway no later than May 3, 2013. Maintain a minimum of two through lanes open to traffic in each direction on Highway 111 throughout the duration of all construction activities. 3. Construct an ingress left turn pocket on Highway 111 and restore landscaping in the Highway 111 median. Modify existing median landscaping to provide adequate sight distance for the proposed left turn pocket. 4. Be responsible for the maintenance of all proposed and existing landscaping. Trees missing from planters shall be replaced in the parking lot areas for buildings with tenant improvement permits. 5. Retain the existing eucalyptus trees along the Palm Valley Storm Channel except for the trees marked for removal by the City of Palm Desert Landscape Manager. 6. Be responsible for the maintenance of the proposed subsurface infiltration basins and proposed retention basin in accordance with the approved preliminary WQMP. 7. Provide for ADA compliant sidewalks and path of travel leading from Town Center Way to the proposed building and building 445. Handicap ramps shall be installed as needed along these paths. In the future if the applicant is going to construct/reconstruct in the building 419 location they shall be required to add a path of travel to that building as well. 8. Record a Parcel Map Waiver for lot line adjustment prior to Building Permit issuance. Prior to the issuance of grading permits the applicant shall: 9. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 10. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 11. Storm drain/retention area 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. G:\Planning\Kevin Swartz\Word\Prease Plans\111 Town Center\CC Res Final.doc 9 RESOLUTION NO. 2013-05 12. Submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 13. Identify all proposed and existing utilities on the precise grading plan. 14. Submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. f. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. g. Landscape to be maintained into perpetuity per approved landscape document package. 15. Any deviation from the approved plans shall be reviewed for approval by the City Engineer prior to work commencing. 16. Proposed easement quitclaims/abandonments and new easements shall be recorded before building permits are issued. DEPARTMENT OF BUILDING AND SAFETY: 1. This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. 2010 California Green Building Standards Code G. Title 24, California Code of Regulations. H. 2010 California Fire Code and its appendices and standards. 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1217. 3. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2010 CBC Chapters 11A & B (as applicable) and Chapter 10. &Planning\Kevin Swartz\WordtPreaise Plans\111 Town Center\CC Res Fnal.doc 10 RESOLUTION NO. 2013-05 4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & .�. 1127B.1) Sort Some 5. Detectable warnings shall be provided where required per CBC 11336.8 and 1127B.5 (7). 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 supersede the State requirement. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 8. 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. 9. 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. 10.Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1217 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 1217 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. RIVERSIDE COUNTY FIRE DEPARTMENT: 1. The Fire Department requires the following fire protection measures be provided in accordance with the City of Palm Desert Municipal Code, 2007 California Building and Fire Codes with applicable NFPA and or any other nationally recognized Fire Protection Standards. The Fire Department shall set the minimum fire flow for the remodel or construction of al buildings per California Fire Code Appendix B. 2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure from a permanently installed Fired Hydrant before any combustible material is placed on the job site. G.\Planning Kevin Swartz\Word\Predse Plans\111 Town Center\CC Res Rnal.doc 11 RESOLUTION NO. 2013-05 3. The applicant shall provided proof the existing water system is capable of providing the minimum necessary gpm fire flow for 3000 gpm for commercial buildings prior to any project approvals. 4. The applicant shall provide the required fire flow from a permanent wet Barrel Super Hydrant with 1-4" and 2-21" discharge outlets located not less than 25' and no more than 150' from any portion of a commercial building prior to any building permits approvals. 5. The applicant shall submit water plans to be reviewed and approved by the Fire Marshal and include verification that the water system is capable of providing the required fire flow. 6. The applicant shall 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 fire appliances including Post Indicator Valves, Fire Department Connections and Fire Hydrants. All Fire Appliances shall not be within 25 feet of a building and all Fire Department Connections shall be within 50 feet of a Fire Hydrant. 7. All valves controlling the water supply for automatic sprinkler systems and water -flow switches shall be monitored and alarmed per the 2007 California Building and Fire Code. 8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring system as required by the 2007 California Building and Fire Code. 9. The applicant shall install portable fire extinguishers as per NFPA 10. The applicant shall install a minimum of 1-2A10BC Fire Extinguisher for every 3,000 square feet, 3' to 5' above grade with no more than 75' walking distance from any point of the business to the extinguisher. The applicant shall install a "K" class fire extinguisher as required for commercial kitchens within 30' of the hazard area. 10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96 for all public commercial and private cooking operations with the exception of a single- family residence. 11. The applicant shall install an all weather Fire Department accessible roadway extending to any portion of the building where as a 150' hose lay can be utilized for the inaccessible building perimeter. Construction type of the same shall be approved by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be accepted. Fire lane access roadway minimum width is 20' and height clearance is 13'6" Public roadway minimum unobstructed width is 36' with parking on both sides. A Fire Apparatus Turn around shall be provided for dead end streets in excess of 150' in length with approved cul-de-sac or hammer head dimensions. G:\Planning Kevin Swartz\Word\Precise Plans\111 Town Center\CC Res Fnal.doo 12 RESOLUTION NO. 2013-05 12. Knox access devices shall be provided as follows: • A Knox Padlock for every manual gated entrance. • A Knox Box for each individual commercial building. 13. The applicant shall install an illuminated building address in accordance to the city standards for size and location. The building address shall be installed on the building in an unobstructed locale and the color shall be contrasting to background. 14.The applicant shall submit three sets of the following plans for review including tenant improvement: • Fire Alarm System • Sprinkler System • Fire Main Underground • Hood Suppression System • Site Plan to Scale 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 16. Construction plans must reflect all new or relocated hydrants, PIV and FDC locations. 17. The applicant shall provide secondary access for a dead end single access roadway exceeding 500' and or mitigate with sprinklers or other means approved by the Fire Marshal. Under no circumstances, shall dead end roadways over 1,300' be accepted. Secondary access can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. G:\Planning\Kevin Swartz\Word\Prease Plans\111 Town Center\CC Res Final.doc 13