HomeMy WebLinkAboutCC RES 2017-39RESOLUTION NO. 2017-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37157
TO SUBDIVIDE 18 ACRES INTO ELEVEN PARCELS FOR THE
MONTEREY CROSSING SPECIFIC PLAN, LOCATED AT THE
NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE
DRIVE
CASE NO: TPM 37157
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 Tentative Parcel Map, 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 Tentative Parcel Map;
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- 39
4. That the proposed Tentative Parcel Map is 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.
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable
general and specific plans.
The project includes a mix of commercial uses and intensities ranging from
drive -through restaurants, pad buildings, general retail, and automotive
services. In addition, hospitality facilities for up to three hotel sites are
provided within the project area. The General Plan identifies the project area
as being within the "Regional Retail District" and encourages the mix of
"large -format retail, commercial services, and lodging." As it relates to
General Plan Land Use Goal 1 and 2, the project provides a scale of
development suitable for the Monterey Avenue corridor and provides a
pedestrian focus by providing interconnecting pedestrians paths and
sidewalks both internally to the project and externally to the surrounding
developments. Specifically, the project complies with Land Use policy 2.9
"Commercial Requirements" in that building frontages are sidewalk adjacent,
vehicle intrusions across sidewalks are minimized, and an outdoor plaza and
dining areas are provided.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the parcel map have been reviewed by the
Planning Department, Fire Department, and Public Works Department for
consistency with the General Plan and emergency services. The lot sizes,
street and utility improvements, circulation patterns, and drainage
improvements meet all requirements of the General Plan. All perimeter
streets are in conformance with the General Plan and modifications to the
surrounding roadways will improve vehicle circulation in the vicinity.
3. That the site is physically suitable for the type of development.
The 18-acre site located at the northeast corner of Monterey Avenue and
Dinah Shore Drive is suitable for the proposed development. Environmental,
cultural, traffic, and other special studies were prepared for the project site.
No environmental issues were identified that would indicate that development
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RESOLUTION NO. 2017- 39
in this area would be unsuitable. In addition, existing regional commercial
centers in the vicinity have successfully constructed similar types of
development and no obstacles to the development of those surrounding
subdivisions were experienced. Due to the proximity and similarity of the
proposed development, it's reasonable to conclude that the site is physically
suitable for it. The property is suitable for the proposed development as
conditioned and mitigated as described in the Initial Study and Mitigated
Negative Declaration.
4. That the site is physically suitable for the proposed density of development.
The project site is surrounded by regional commercial centers to the south,
southwest, and west, and the Union Pacific Railroad to the north. As
proposed, the site layout and distribution of land uses are consistent with
surrounding development. The Specific Plan includes commercial and hotel
development within the project area at heights and intensities similar to
existing commercial and hotel uses in the vicinity and along Interstate 10 in
the City of Palm Desert.
5. That the design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantial and
unavoidable injury to fish or wildlife or their habitat.
For purposes of the California Environmental Quality Act (CEQA), a Mitigated
Negative Declaration of Environmental Impact has been prepared. The design
of the project will not cause substantial environmental damage or injure fish or
wildlife or their habitat since the surrounding area has been developed with
similar densities and limited wildlife is present at the site. Environmental studies
performed at the site did not identify any endangered or sensitive species. In
addition, the project will pay into the Coachella Valley Multi -Species Habitat
Conservation fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The design and layout of the parcel map are in compliance with all grading,
drainage, shared vehicle access and parking requirements and the properties
will be developed in accordance with the Uniform California Building Code.
Grade changes and utility easements are accommodated by the building and
street layout and open space provided throughout the project site. Pedestrian
access is provided to adjoining land uses via sidewalks and other pedestrian
walkways. Mitigation measures are also in place to minimize air and noise
impacts from the adjoining railroad and freeway.
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RESOLUTION NO. 2017-39
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
The proposed project will utilize and enhance existing drainage and electrical
distribution easements located within and adjacent to the project site. The
parcel map identifies existing easements within the project area and will
record an easement for drainage purposes. Improvements related to drainage
will be provided to ensure the project area accommodates 100 percent of the
100-year storm. Surrounding perimeter City streets are built -out to the
General Plan designation and the developer will make modifications to Dinah
Shore Drive for project access. In addition, the developer and the City will
make modifications to the existing signalized intersection of Monterey Avenue
and Dinah Shore Drive to accommodate any increased traffic demand.
Pedestrian connections are provided throughout the project area and an
enhanced pedestrian plaza is provided at the intersection of Monterey
Avenue and Dinah Shore Drive.
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 Tentative Parcel Map 37157as
proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the ?5th day of May, 2017, by the
following vote, to wit:
AYES: JONATHNN, BELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
,/,,Le_&_ "e9--cie•-,
1/1/) RA HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
N C. HARNIK, MAYOR
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RESOLUTION NO. 2017- 39
CONDITIONS OF APPROVAL
CASE NO: TPM 37157
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. The applicant shall record Tentative Parcel Map 37175 within two (2) years of
project approval. 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. 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:
6. The parcel map shall be submitted to the City Engineer for review and approval.
7. Easements for drainage, reciprocal access, parking, sidewalk and public utility
purposes shall be required on the parcel map.
8. Right-of-way, as may be necessary for the construction of required public
improvements, shall be provided on the parcel map.
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RESOLUTION NO. 2017- 39
9. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to the City of Palm Desert specifications.
10. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code;
however, the Specific Plan allows modifications of the pads of plus or minus 2'0" as
approved by the Community Development and Public Works Departments.
11. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
12. Prior to City Council approval of final parcel map 37157, the applicant shall enter
into an agreement and post security, in a form and amount acceptable to the City
Engineer, guaranteeing the construction of all off -site improvements including but
are not limited to:
a. The traffic signal modification at Toni Way and Dinah Shore Drive.
b. Construction of an 8' curb adjacent sidewalk on Dinah Shore.
c. Median modification on Dinah Shore Drive per design approved by the
Department of Public Works.
d. Traffic signal vehicle detection and striping modification on Dinah Shore Drive
for an eastbound triple left turn and dual westbound left turn lanes on
Monterey Avenue.
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