HomeMy WebLinkAboutRes No. 08-14 CITY COUNCIL RESOLUTION NO. os-i4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN
INCLUDING A CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW
A 27,000 SQUARE FOOT ADDITION TO THE EXISTING SAKS 5T"
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, VAR 07-02
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, 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 California Environmental Quality AcY',
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, and the Planning Commission recommends approval of the Mitigated
Negative Declaration in substantially the form as shown in exhibit `A'; 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 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 Commercia!
Core Area Specific Plan which encourages the retail/restaurant and second
story office enhancement of the EI Paseo Corridor. The proposed retail,
restaurant and office project is rn accordance with the district in which it is
located and the superior architecture and design meets the intent of the
Scenic Preservation overlay district.
RESOLUTION NO. o$-i4
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, safery or general welfare of the City. The
Conditional Use Permits for the resfaurant 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 wifh all standards of the C-1, General Commercial zone,
with exception to the recommended variances. The project as conditioned
complies with all provisions of the Zoning Ordinance including the precise
plan and conditional use permit.
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 a/so the goals outlined in the Pa/m Desert
Commercial Core Area Specific Plan of keeping the EI Paseo area as a
unique, pedestrian-oriented high-end retail shopping area.
Variance:
1. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the ordinance codified in this title.
Davliaht trianale: Given that the height of the building is proposed to be 42;
requiring the property owner to comply with a 2:1 setback ratio would create
an unnecessary hardship inconsistent with the objectives codified in the
Zoning Ordinance and inconsistent with other properties on the EI Paseo
corridor. Every two-story building on EI Paseo does not comply with the Code
Section.
Building Height: The goals and objectives of the Commercial Core Area
Specific Plan are to continue to bring very high-end shops to E/Paseo district.
In order to achieve this goal the strict interpretation of the height
requirements in the General Commercial zone create an unnecessary
hardship inconsistent with the General Plan and the Commercial Core Area
Specific Plan. The very high-end retail market demands the heights being
proposed as illustrated by the existing Gardens on EI Paseo. The proposed
height of the EI Paseo Village is lower than the height of the existing Gardens
on EI Paseo.
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RESOLUTION NO. c��a
2. There are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not
apply generally to other properties in the same zone.
The intended use of the property is consistent with the Commercial Core Area
Specific Plan. The site size and geometry preclude the project from meeting
the requirements of the daylight triangle requirements. The superior
architectural building design and massing of the buildings will serve as
mitigation of building heighf.
3. That strict or literal interpretations and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
Daylipht trianqle: The strict and literal enforcement of C-1 Code Section
25.28.060 would deny the applicant privileges enjoyed by the owners of other
properties in the EI Paseo district. While the subject property is not technically
unusual as compared with other properties along EI Paseo, conformance to
the 2:1 rario street frontage setback ratio is not applicable to any property
fronting E! Paseo and would be inconsistent wrth economic and architectural
intent for this district.
Where other properties have been granted variances, successful and attractive
two story businesses along EI Paseo have been constructed. It would appear
that not granting the variance would deny the applicant privileges enjoyed by
other property owners along EI Paseo. These exceptional circumstances make
it unfeasible to deny rhe variance.
Buildinp Heipht: The strict and literal enforcement of C-1 Code Section
25.28.060 would deny the applicanr privileges enjoyed by the owners of other
properties in the EI Paseo district.
Where other properties have been granted a variance in the pasr architecture
and massing of the buildings have been the mitigating factor.
4. That the granting of the variance or adjustment will not be detrimental to
public health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The proposed project variances relate to building height and daylighr triangle
requirements. The proposed variances are consistent with developments in
the area which have shown no adverse effects on public hea/ih, safety or
welfare, or materially injurious to the properties or improvements in the
vicinity. The variances will he/p preserve the overall aesthetics and retail
environment of the EI Paseo area.
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RESOLUTION NO. �_4
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend approval of PP 07-
10, CUP 07-18, VAR 07-02, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 28t� day of February 2007, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GENE M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
Palm Desert City Council
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RESOLUTION NO. os-i�►
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, VAR 07-02
APPLICANT/PROJECT SPONSOR: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Approval of a precise plan of design including a conditional use permit and variance 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 EI
Paseo (Gardens on EI Paseo, APN: 627-261-006) and 73-425 EI Paseo (EI Paseo
Village, APN: 627-252-004, 005)
The Director of the Department of Community Development, City of Palm Desert,
California, has 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.
LAURI AYLAIAN DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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RESOLUTlON N0. os--i 4
CONDITIONS OF APPROVAL
CASE NOS. PP 07-10, CUP 07-18, VAR 07-02
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community DevelopmenVPlanning, 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 e�ension 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.
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RESOLUTION NO. os-i4
10. The owner shall be responsible for installation and maintenance of landscaping
on the east side of the property, surrounding the cul-de-sac as indicated on the
approved landscape plan.
11. All conditions of approval shall be recorded before any building permits are
issued. Evidence of recordation shall be submitted to the Department of
Community DevelopmendPlanning.
12. 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 EI 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.
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).
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 inspection fee 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.
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RESOLUTION NO. os-i4
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 utiliry 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 Ciry 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.
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 Counry 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.
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RESOLUTION NO.GB-14
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.
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 2A106C
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.
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RESOLUTION NO. os-i4
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.
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