HomeMy WebLinkAboutSR - PP 07-10, CUP 07-18, & VAR 07-02 El Paseo Village CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
REQUEST: Consideration of 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 5'h Avenue at the existing Gardens on EI
Paseo and demolition of the existing EI 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)
SUBMITTED BY: Ryan Stendell
Associate Planner
APPLICANT: Davis Street Land Company
622 Davis Street, Suite 200
Evanston, IL 60201
CASE NO: PP 07-10, CUP 07-18 & VAR 07-02
DATE: February 28, 2008
I. RECOMMENDATION:
That the City Council by minute motion, adopt Resolution No. 08'14; Approving a
27,000 square foot addition to the existing Saks 5t'' Avenue at the existing
Gardens on EI Paseo and demolition of the existing EI 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.
II. EXECUTIVE SUMMARY:
Approval of this request will allow a 27,000 square foot expansion to the existing
Saks 5�' Avenue at the Gardens on EI Paseo and construction of a new 72,747
square foot retail, office, and restaurant development and associated above-
ground parking structure.
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 2 of 11
III. BACKGROUND:
A. Planning Commission:
At its meeting of February 5, 2008 the Planning Commission reviewed the
proposed project. The Commission generally agreed that the proposed
project was very nicely designed and would complement the surrounding
buildings. The project was approved by a three to two vote,
Commissioners Limont and Scmidt voting no.
The two dissenting votes reflect concerns about the direction of
development along the EI Paseo corridor. Topics of discussion were
height of structures and the relationship to mountain views as well as
density of development. The consensus among the commissioners in
favor of the project was that the project blended with the heights of the
existing and recently approved structures in the vicinity and provides a
new very attractive retail environment for EI Paseo.
B. Architectural Review:
At its meeting of October 23, 2007 the Architectural Review Commission
reviewed this project for the first time. The Commission generally
supported the concept and offered several comments. The project was
continued with direction to create more variations in plane change on the
building and that the paesos needed to be enhanced to help with the retail
experience. The project returned to the Commission at its January 8,
2007 meeting. The Commission agreed that the project architects had
responded to the comments very well and granted preliminary approval to
the project (Motion carried 6-0).
C. Palm Desert Commercial Core Area Specific Plan:
In 1987 the City Council and the Redevelopment Agency adopted the
Palm Desert Commercial Core Area Specific Plan. The specific plan was
also reaffirmed in the General Plan approved in 2004. The plan identified
the importance of the retail environment as it relates to Palm Desert. The
plan covered the Highway 111 corridor, including the frontage roads, the
Alessandro Drive area and EI Paseo. EI Paseo was identified as being
unique throughout the Coachella Valley as an outdoor urban specialty,
retail and restaurant boulevard. A high importance was put on the areas
ability to compete with newly constructed developments throughout the
Coachella Valley. The plan also encouraged the participation of the City
and the Redevelopment Agency to provide incentives and ensure proper
growth.
G:�F'IanningUtyan Scendel�Wurd Data�PP-07-1o_CC_RF''I'-I.U(x'
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 3 of 11
D. Property Description:
Gardens on EI Paseo:
At its regular meeting of November 9, 1995 the City Council approved a
Precise Plan of Design and building height variance for the Gardens on EI
Paseo (Gardens) project. The existing Gardens includes approximately
207,000 square feet of retail and restaurant space. The project includes a
parking structure to the rear of the property that houses approximately
1,000 parking spaces. The City's Redevelopment Agency contributed to
the construction of the structure and was given a public parking easement
over the entire structure.
Existing EI Paseo Village:
The existing EI Paseo Village encompasses 2.64—acres including 35,812
square feet of retail, restaurant, and office space. The property is
currently zoned General Commercial (C-1� and has a Scenic Preservation
overlay on the properry. The project currently has 146 parking spaces
servicing the development. To the south of the project is an existing
condominium complex. Two of the condominiums are oriented along the
common property line and have at least one window looking directly down
on the existing site. Between the two units are the existing tennis courts
for the condominium project.
C. Adjacent Zoning and Land Use:
North: General Commercial / Existing Retail Buildings
South: R-3 (4) Multi Family Residential/ Existing Condominiums
East: General Commercial / Existing Gardens on EI Paseo
West: General Commercial / Existing Retail Buildings
IV. PROJECT DESCRIPTION:
Saks 5th Avenue Expansion:
The proposal is for a 27,000 square foot expansion to the existing Saks 5"'
Avenue at the Gardens on EI Paseo. At this time, the applicants are looking for
site plan approval of this expansion only. The applicant has done a massing
study to show how the expansion would impact the adjacent areas and, if
approved, Saks would return with a full architectural package for approval at a
later date. The expansion will result in a loss of 27 parking spaces at the existing
Gardens parking deck, however the applicants have provided extra parking at the
new EI Paseo Village that can accommodate the loss.
G:U'IanningUtyan Slerdel�Word D�taV'P-07-10_CC_RPT-I.D(�
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 4 of 11
EI Paseo Village:
The proposal is to completely demolish the existing EI Paseo Village retail
development and reconstruct 72,474 square feet of retail, restaurant, and office
space. The plan also includes an above grade parking deck to account for the
parking need (302 spaces). The proposed buildings have been oriented towards
the EI Paseo side of the property, leaving the same streetscape and feeling that
the existing Gardens on EI Paseo has. The project will require a Conditional Use
Permit (CUP) for the proposed restaurant use and will also require variances
(VAR) for the building height and the daylight triangle requirements listed in the
General Commercial Zone (C-1).
A. Site Plan:
Saks 5th Avenue:
The existing Saks is located in the middle of the Gardens towards the rear
of the properry and has direct access to the existing parking structure.
The proposal would extend the existing Saks store 96 feet towards
Shadow Mountain Drive. The expansion would result in a loss of 27
parking spaces in the existing parking structure at the Gardens. Because
there is a public parking easement over the entire structure, part of this
request is to allow the applicants to amend the parking easement to reflect
the spaces lost.
Parking for Saks 5�h Avenue:
The existing structure houses approximately 1,000 parking spaces. The
management team at the Gardens has been taking parking counts four
times a day for the past several years. From that data, staff has
determined that at peak demand in season (February& March) the existing
structure is using 3.25 spaces per 1,000 square feet of leased space. In
many cases the structure has an apparent over-abundance of parking, but
this insures adequate parking during the peak demand. In this case staff
believes that the net loss of the 27 spaces is acceptable based on the
capacity of the existing structure and the addition of parking across the
street.
EI Paseo Village:
The proposed EI Paseo Village will change the topography of the existing
site to achieve a much more accessible and desirable retail experience.
The existing EI Paseo Village has a grade change of approximately four
feet between the parking lot and the retail spaces. The applicants
propose to excavate that grade change to create a flat ground surface that
G:�PlanningUtyan Stendd�Wurd Daw�PP-07�10_CC_RPT-I.DO('
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 5 of 11
is more desirable to today's shoppers. The site has access from San
Pablo and Lupine Lane in approximately the same position they exist
today. The ground level parking will be covered entirely by the above-
ground parking deck. The access to the upper deck has been oriented to
the south of the property, which allows the ramps to be at the lowest point
and provides the least impact to the adjacent neighbors.
The applicants have held two neighborhood meetings to discuss the
project with the surrounding property owners. The neighbors have
expressed their concerns with keeping privacy between the two projects.
The neighborhood meeting of January 7, 2008 was the first time the
neighbors had seen the project with an above-ground parking deck. They
expressed the concern that the deck would infringe on the privacy of the
units to the south. The neighbors suggested several mitigation measures
such as under-ground parking, further lowering the proposed parking
deck, and extending the adjacent dividing wall to help with screening.
After consideration of each of the suggestions, the architect studied the
possibility of further lowering the deck as proposed by the neighbors. The
architect was able to lower the deck an additional one foot, six inches and
provide a landscaping space between the two projects to create a very
dense landscaping buffer.
Parking for EI Paseo Village:
The municipal code does not define parking requirements for a mixed use
project. In the past, staff has argued that four spaces per thousand
square feet of floor area is more than sufficient and experience has shown
this to be correct. The EI Paseo area is fairly unique in that a shopper will
visit several different locations on EI Paseo and only utilize one parking
space. In this instance with very high—end retail, four spaces per
thousand has proven to be more parking than is necessary. Using the
parking data provided from the managers of the existing Gardens on EI
Paseo, staff believes that 3.25 spaces per thousand square feet of floor
space is sufficient. The intent is to have adequate parking for periods of
high demand but also allow for the pedestrian sryle shopping experience
that EI Paseo provides. The applicants have provided 302 parking spaces
which is consistent with the level of parking existing at the Gardens. With
the provided spaces staff believes that there is more than enough parking
supply to handle the new proposal, including the Saks expansion across
the street.
G:1PlanningVtyan SlenJelllW urd Data�PP-07-10_CC_RP'f-LDOC
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 6 of 12
B. Building Description:
EI Paseo Village:
The proposal is for a two-story building (made up of three separate
buildings) measuring 42 feet to the highest architectural feature. The
building is set back twelve feet from the curb along the EI Paseo frontage
and fourteen feet along the east and west sides of the property. Along the
street frontage, the building steps in and out as much as four feet to create
interest and movement on the ground floor. The second floor also steps
back 12 feet from the first floor to further break up the plane of the plane of
the building's fa�ade. There are two paseos that lead shoppers from the
rear parking area to the front of the buildings. A great deal of
consideration was given to these paseos as they will really serve as the
gateway to the project. The applicants have introduced a water feature/art
piece at the EI Paseo entry to the paseos, as well as decorative pavers to
make them more visually attractive. The buildings offer customers
elevators, stairs and escalators to get from the first floor to the second.
The proposal will require that two variances be granted in order for it to be
approved. The C-1 zone requires a five foot street frontage setback, which
the project provides. However, the code also states that corner lots are
required to have a setback of two feet per foot of building height and not
encroach into the daylight triangle. In this case the setback would
essentially make any development infeasible. Staff believes that the
architecture and massing of the buildings have been designed very
cautiously to keep in harmony with the neighborhood. The upper story
restaurants are under a gazebo rype structure giving the appearance of
open air patios rather than a solid building mass. Staff believes this rype
of use is very complimentary to the EI Paseo environment.
The second variance that will need to be granted is for building height.
The initial Gardens on EI Paseo was granted a height variance (44 feet
total height) based on the sloping of the property away from the
surrounding residential and the massing of the buildings proposed. Staff
believes that in this case the proposed project is of the same form and feel
of the existing Gardens (the project is two feet lower than existing
Gardens), and is oriented away from the surrounding residential
development to provide the least possible impact. The applicants have
indicated that in order to attract the high end stores on EI Paseo the
market demands interior ceiling heights consistent with the existing
Gardens.
G:U'IanningUtyan StendelliWord DataV'P-O7J0_CC_RPI'-!.U(X'
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 7 of 11
Parking Deck:
As mentioned previously, to the rear of the building is an above-ground
parking deck that will accommodate the parking for the project. The
structure is set back thirty feet along both Lupine Lane and San Pablo
Avenue. The rear property line along the adjacent condominiums to the
south makes a jog around the existing tennis courts. The parking deck is
set back fifteen feet from the property line in the area adjacent to the
tennis courts and is set back eleven feet-ten inches from the rear property
line adjacent to the existing condominiums.
C. Architecture:
The applicant has designed a two-story multi-tenant retail environment
whose facade will serve as a blank canvas for the individual character
developed to reflect each of the prospective end users. The buildings are
a contemporary design utilizing steel awnings and trellises to accent the
architecture. The EI Paseo storefronts are proposed to allow the tenants
flexibility in design. As spaces are leased, the owner will allow each
tenant storefront to take on its own unique identity. This same concept
was used at the existing Gardens and has been very successful. The
building steps back twelve feet from the first story to the second and will
be flanked on both corners by second story restaurants with outdoor patio
dining. The outdoor patios are covered with a decorative gazebo and
complimenting with trellis work.
V. ANALYSIS:
A. Project Data:
The following is a table comparing the proposed project with the standards of the
General Commercial Zone.
��n� GENER " QMMER�!!�
n, ,
STAN��I , ,;: � , . • � ZC� ,�, ". ., _ . n ` ECT r M
Front Setback 5' 12'
Rear Yard Setback 5' 11'10' min.
Side Yard Setbacks 5' �4'
Hei ht 30' 42'
Parkin 302* 302*
* The parking ordinance does not specifically list requirements for mixed
use projects such as this. The parking ordinance has language that
allows projects flexibility through the entitlement process.
G:�Planning�Ryan Stenciell\Wurd Data�PP�07-10_CC_RP'f-I.DO('
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 8 of 11
B. Findings for Approval:
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
and is covered by the Palm Desert Commercial Core Area Specific
Plan which encourages the retail/restaurant and second story office
enhancement of the El Paseo Corridor. The proposed retail,
restaurant and office project is in accordance with the district in
which it is located.
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 redeve/opment will improve the aesthetics and overall quality
of the area and will not be materially injurious to properties or
improvements in the viciniry or be detrimental to public health,
safety or general welfare of the City. Conditional Use Permits will
be required for the restaurant uses to 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 with 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.
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 EI Paseo area as a unique, pedestrian-oriented high-end retail
shopping area.
G:V'IanningViyan Stendel�Word DataV'P-07•10_CC_RPT-I.DOC'
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 9 of 11
Variance:
1. That the strict or literal interpretation and enforcement of the
specified regulation would result in practical difficu(ty or
unnecessary physical hardship inconsistent with the objectives of
the ordinance codified in this title.
DavliQht triangle: 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.
Buildinq Height: The goals and objectives of the Commercial Core
Area Specific Plan are to continue to bring very high-end shops to
EI 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.
2. There are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the
properry 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 architectura! 6uilding design and
massing of the buildings will serve as mitigation of building height.
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.
Davlight triangle: The strict and literal enforcement of C-1 Code
Section 25.28.060 wou/d deny the applicant privileges enjoyed by
the owners of ofher 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:i ratio street
G:�PlanningViyanStendel�WurdDataV'P-07-I�CC_RNI'-I.DOC
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 10 of 11
frontage setback ratio is not applicable to any property fronting EI
Paseo and would be inconsistent with 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 the variance.
Building HeiQht: 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
Where other properties have been granted a variance in the past
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 viciniry.
The proposed projecf variances relate to building height and
daylight triangle requiremenfs. The proposed variances are
consistent with developments in the area which have shown no
adverse effects on public health, safety or welfare, or materially
injurious to the properties or improvemenfs in the vicinity. The
variances will help preserve the overall aesthetics and retail
environment of the EI Paseo area.
VI. CONCLUSION:
The shopping experience is an important component for the continued success
of EI Paseo. The EI Paseo area has identified itself as a unique pedestrian
oriented shopping district. The continued success depends on creative design
and architecture of the buildings being approved. The Saks expansion and the
redevelopment of the EI Paseo Village will contribute to the overall streetscape of
EI Paseo and provide more pedestrian oriented shopping as well as second story
dining and office options.
G:�PlanningVtyan Stendcl�Wurd Data�PP-07-10_CC_RP7'-I.DOC
Staff Report
PP 07-10, CUP 07-18 & VAR 07-02
February 28, 2008
Page 11 of 11
VII. ENVIRONMENTAL REVIEW:
Staff has prepared an Environmental Assessment that resulted in a Mitigated
Negative Declaration for the project site. (See attachments). The site was
analyzed based on the attributes and requirements of an infill project. Therefore,
mitigations are those regularly associated with development of this type and are
listed in the attached Initial Study.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Correspondence from Departments
D. Initial Study/Environmental Assessment (inciuding visuai simuiations&tratfic study)
E. Plans and Exhibits
Submitted By: Department Head:
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Ryan Stendell `Lauri Aylaian �--
Associate Planner Director, Community Development
* Approved the project, subject to the drafting a
App1'OVaI: development agreement acceptable to the City
Attorney and to the Mayor for her signature,
incorporating conditions specified in the staff
� report along with the following: 1) Height
i�`��_��-r�r�.c(�/ of 36-40 feet with 42 feet for the parapets on
Homer Croy either end only; 2) second-story foliage
ACM, Development Services to be appropriate for the application; 3) parking
structure with a ratio of 3.25 spaces per 1,000
and full parking reciprocity between the
structures at The Gardens and E1 Paseo Village;
4) designated preferential hybrid parking spaces;
5} special attention to the pedestrian friendly
Carlos Orteg second-story terraces; 6) eamest attempt at LEED
City Manager Certification for as much of the projsct as is
feasible. 4-1 (Finerty NO)
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