Loading...
HomeMy WebLinkAboutCC RES 2017-38RESOLUTION NO. 2017-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL USE PERMIT FOR THE MONTEREY CROSSING SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE CASE NO: PP/CUP 16-188 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of April, 2017. hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted and adopted Planning Commission Resolution 2693 recommending approval of The Monterey Crossing Specific Plan and supporting applications, including the Precise Plan and Conditional Use Permit, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of May 2017, hold a duly noticed public hearing to consider the request by Fountainhead Shrugged, LLC, for approval of the above noted Precise Plan and Conditional Use Permit; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act." Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; and WHEREAS, at said 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 the approval of said request: 1. The Monterey Crossing Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a variety of retail, commercial, and hospitality services in proximity to major intersections and freeway connections. 2. The Monterey Crossing Specific Plan is compatible with adjacent properties and surrounding uses and development standards are similar to existing regional commercial centers to the south and west. 3. The Monterey Crossing Specific Plan is suitable and appropriate for the property in that the property has been designated for regional commercial uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. RESOLUTION NO. 2017- 38 4. That the proposed Precise Plan and Conditional Use Permit are not detrimental to the public health. safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 5. The Specific Plan has complied with the provisions of the California Environmental Quality Act in that a mitigated negative declaration has been prepared for the project and all potentially significant environmental impacts have been mitigated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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 Precise Plan and Conditional Use Permit 16-188, as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of May 2017, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: C'Azte / £r RA HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA N C. HARNIK, MAYOR' GWlarr.-.g.Er.c Ce,a‘Case Files Monterey Cress,rgs'City Ccurc,I'CC - PP _CUP Res:.:- - 2 RESOLUTION NO. 2017- 38 CONDITIONS OF APPROVAL PP/CUP 16-188 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all building pads within the Specific Plan boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. Construction of improvements. in accordance with the approved Specific Plan and Precise Plan, shall commence within two (2) years from the date of approval unless a time extension 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 the approved Specific Plan and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire 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. 5. Land uses identified in the City's Planned Regional Commercial zoning district and Freeway Commercial Overlay Zone are permitted within the boundaries of the Specific Plan. 6. Each developable building pad shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 7. All building pads shall develop in a manner consistent with the development standards contained in the Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code. 8. All future building development within the project site shall generally conform to the architectural renderings provided in the Specific Plan and Precise Plan applications. Building design deviations are permitted, but shall conform to the architectural guidelines and colors and material samples provided for in the Specific Plan. G .R3nning, rc Ce;3 Case Fi'es'Mor!e•ey Cress•ngs'.Cq COU" CC - PP_CUP Reso. 3 RESOLUTION NO. 2017- 38 9. Architectural plans for buildings 5, 6 and 8, and the pedestrian plaza at the intersection of Monterey Avenue and Dinah Shore Drive were approved by the City's Architectural Review Commission and Planning Commission. All other buildings within the Specific Plan shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for final approval. 10. All Architectural Review applications shall include a line of sight study from high. medium, and low points along Monterey Avenue and Dinah Shore Drive to confirm that all roof -mounted equipment is properly screened from the surrounding roadways. 11. Parcels 1, 2, 8. 9, 10, and 11, may propose alternative land uses and site design other than those identified in Tentative Parcel Map 37157. Land uses and site design shall conform to the language provided for in the Specific Plan, including that any alternative land uses or site design does not exceed the P.M. Peak trip budget identified in the Traffic Impact Analysis prepare for this Specific Plan. Any alternative plans shall be reviewed in accordance with the Specific Plan and by the Director of Community Development. 12. All drive -through restaurant queues, and automotive service and repair bays, shall be screened from public views along Dinah Shore Drive and Monterey Avenue. Screening methods shall include block walls, landscape mounding, and landscape hedges. Screening methods for these uses shall be identified in the Architectural Review application. 13. Final landscape plans shall be prepared by a registered and licensed landscape architect and submitted to the Department of Community Development for review. The plan shall be consistent with the preliminary landscape plans reviewed by the Planning Commission, unless changes are requested by department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. b. Planting plans must show the location of proposed and existing utilities. c. Must match approved civil plans. d. All specifications 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. 14. The applicant shall pay into the City's Public Art Fee as part of the development of the Specific Plan. It is recommended that this fee be used for an on -site public art G ,P arming Enc Ceja'Case F.'es.Monterey Cress,ngs\C ty Counc',CC • PP CUP Reso... 4 RESOLUTION NO. 2017-38 project within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 15. Lighting and photometric plans shall be submitted in accordance with the Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural. street. parking lot. or other lighting types within the project area. 16. Any stand-alone hotels within parcels 2 and 9 shall have architectural details, massing, articulation. and forms appropriate for a stand-alone building. Architectural details shall be reviewed by the City's Architectural Review Commission in accordance with this condition. 17. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: 18. Tentative Parcel Map 37157 shall retain to the 100-year storm. 19. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 20. Identify all proposed and existing utilities on the precise grading plan. 21. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843. Section 24.20 Stormwater Management and Discharge Ordinance. 22. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 23. 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 a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 24. 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. G'rarr -,r L=nc Ce;a'Case F•'es'Mon;erey Cress•ogs`C::y Ccurc! CC - PP_CUP Reso 5 RESOLUTION NO. 2017- 38 BUILDING AND SAFETY DEPARTMENT: Oft 25. Development of this project shall comply with the latest adopted edition of the .r following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 26. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 27. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10. 28. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 29. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B-705.1.2.2. 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. 30. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 31. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to the Department of Building and Safety. Pools and Spas for public use are required to be accessible. 32. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC Title 5. 33. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. G Pianning,Fnc Cep Case F:es•Rtonte-ey Cresse:gs•City Cc•unc 'CC - PP_ CUP Reso _ RESOLUTION NO. 2017- 38 34. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 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 1265 or PDMC Section 15.28 from the Department of Building and Safety counter staff. 35. Please contact Cherie Williams, Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 36. The project may have a cumulative adverse impact to the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increases presence of structures, traffic and population. This developer will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 37. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to the building permit issuance. 38. Fire Department water systems(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site. G .P.a'n•ng.Enc Ce,a Case F.:es Morrerey Cross.ngs Co.noi CC - PP CUP Peso. . 7