HomeMy WebLinkAboutPP 02-15 Amend1 74140 Candlewood Street CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of a Council call-up of the Planning Commission's
approval of a request by A.R. Woolworth dba Westwind
Development amending a condition of approval by deleting the
requirement to construct a 6-foot wide, 90 lineal feet long concrete
sidewalk for a triplex apartment project under construction at 74-140
Candlewood Street (between Shadow Mountain Drive and
Quailbrush Avenue).
SUBMITTED BY: Francisco J. Urbina, Associate Planner
APPELLANT: Palm Desert City Council
CASE NO: PP 02-15, Amendment No. 1
CASE APPLICANT: Westwind Development
Attn: A.R. Woolworth
77-240 Iroquois Drive
Indian Wells, CA. 92210
DATE: September 11, 2003
ATTACHMENTS: A. Draft City Council Resolution
B. Legal notice
C. July 15, 2003 Planning Commission minutes
D. July 15, 2003 Planning Commission resolution
E. July 15, 2003 Planning Commission staff report
F. Plans and exhibits
RECOMMENDATION:
That the City Council adopt City Council Resolution No. 03-99 reversing the Planning
Commission's approval of PP 02-15, Amendment No. 1, which deleted Condition No. 7
requiring the construction of 90 lineal feet of a six-foot sidewalk in front of a triplex at 74-
140 Candlewood Street. Alternatively, staff recommends amending Condition No. 7
reducing the sidewalk width to five feet allowing the planting of trees within the remaining
area.
CITY COUNCIL STAFF REPORT
CASE NO. PP 02-15, AMENDMENT NO. 1
SEPTEMBER 11, 2003 Resolution No. 03-99
DISCUSSION:
Project Description: On June 16, 2003, the applicant filed Amendment No. 1 to Precise
Plan No. 02-15 requesting amendment of a condition of approval by deleting or deferring
the requirement to construct a 6-foot wide, 90 lineal feet long concrete sidewalk for a
triplex apartment project under construction at 74-140 Candlewood Street.
Background: On December 3, 2002. the Planning Commission approved Precise Plan
No. 02-15 to allow the construction of a three-unit, one-story apartment building. At the
December 3, 2002 public hearing, the applicant did not voice an objection to Public
works condition of approval No. 7 which requires the construction of 90 lineal feet of
curb public sidewalk along Candlewood Street. The applicant also failed to file a timely
appeal of the December 3, 2002 Planning Commission decision to the City Council
within 15 calendar days as prescribed in the Zoning Ordinance.
July 15, 2003 Planning Commission Public Hearing: On July 15, 2003 the applicant
argued before the Planning Commission that the condition requiring construction of the
sidewalk is unnecessary because there are no adjacent public sidewalks in the
immediate vicinity and that requiring the sidewalk construction would not provide
enough room to allow the planting of street trees between the sidewalk and an existing
six-foot high block wall along the site's front property line. The applicant also stated that
construction of the required sidewalk would force the removal of.an existing mature
olive tree because the roots would be impacted since he claimed that there was only
eight feet of distance between the rear of the Candlewood Street curb face and the front
of an existing six-foot high block wall at the site's front property line. The applicant
offered the option of posting a bond or cash deposit to guarantee the construction of the
required sidewalk in the event that in the future City might construct adjacent sidewalks
in the neighborhood. There was testimony at the hearing from a neighbor sympathizing
with Mr. Woolworth's position. Based this testimony, the Planning Commission decision
approved the applicant's request deleting the requirement to construct the subject
sidewalk.
Subsequently, based on an on-site measurement, staff confirmed that the width of the
area between the rear of the Candlewood Street curb and the existing block wall on the
site's front property line varies from 10'-5" to 11'-0" wide. Therefore, there is enough
room for the applicant to construct 90 lineal feet of a 5-foot wide sidewalk and still allow
for the creation of a 5"-5" to 6"-0" wide landscape planter behind the sidewalk that will
adequately accommodate the planting of new street trees at the project site.
2
Staff Report
A.R. Woolworth
PP 02-15, Amendment No. 1 Resolution No. 03-99
September 11 , 2003
CONCLUSION:
Based on the above information, staff is recommending that the City Council reverse
the Planning Commission's approval of PP 02-15, Amendment No. 1 which will deny
the applicant's request to delete the requirement to construct 90 lineal feet of public
sidewalk along the project site's frontage, but which would amend Public Works
Department condition of approval no. 7 by requiring the applicant to construct 90 lineal
feet of 5-foot wide sidewalk and accommodate the planting of street trees behind the
sidewalk.
Submitted by: Department Head:
ancisco J. Urbin P hili p Drel
Associate Planner Director of Community Development
Appr .
omer Cro Robert Hargreaves
Assistant Ci anager for Development Services Deputy City Attorney
Carlos L. Ortega
CityManager CITY COUNCIL/ACTION.
* NOTE: rur �7suant €'o the mailed legal notice APPROVED DENIED
received, the Applicant's representative RECEIVED OTHER NY-Am onl
appeared at the Council Chamber at 7:00 p.m.
for this hearing and objected that it had gone MSgTING DATE cf-I l-CD:5
forward without their testimony. Subsequently, AYES: C11 Sorer ISOY1 �SdIt{ cpI , 1�)encon
the City Attorney determined that the matter NOES: I �J
should be re-noticed and rescheduled for publicp�SENT: bialk
hearing at the next regular City Council ABSTAIN:
Meeting. VERIFIED BY: IX
Original on File bi=ty Clerk's Office
3
RESOLUTION NO. 03-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REVERSING PLANNING
bQMMISSION APPROVAL OF PP 02-15, AMENDMENT NO.
1 THAT APPROVED A REQUEST BY A.R. WOOLWORTH TO
AMEND A CONDITION OF APPROVAL REQUIRING
CONST UCTION OF 90 LINEAL FEET OF SIX-FOOT WIDE
SIDEWAL FOR A TRIPLEX AT 74-140 CANDLEWOOD
STREET, UT WHICH WOULD AMEND PUBLIC WORKS
DEPARTME T CONDITION OF APPROVAL NO. 7 BY
ALLOWING T E APPLICANT TO CONSTRUCT 90 LINEAL
FEET OF FIVE-FOOT WIDE SIDEWALK.
CASE NO. PP 02-15, AMENDMENT NO. 1
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of September, 2003, hold a d noticed public hearing to consider a City Council
call-up regarding Planning Commiss*.n approval of PP 02-15 Amendment No. 1 to
delete the requirement to construct •0 lineal feet of sidewalk for a triplex under
construction at 74-140 Candlewood Stre: ; and
WHEREAS, at said public hearing, u.'on hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to justify reversing , e Planning Commission's approval of PP
02-15, Amendment No. 1:
1. The applicant's request to delete or defer the requirement for the
construction of a 6-foot wide, 90 lineal feet long sidewalk is contrary to long-
established City policy to require construction of sidewalks for any project
that involves the construction of two or more dwelling units. Construction of
the sidewalk will enhance pedestrian safety and convenience at the project
site as well as reducing future City expenditures should the City commence
construction of sidewalks in the neighborhood.
2. The Public Works Department feels that the requirement to install 90 feet of
sidewalk for the construction of a triplex, which should cost approximately
$2,000, is in line with that type of development. Altlpugh the sidewalk may
not connect with other sidewalks for a few years, this`sidewalk will provide a
benefit to residents or guests of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council o`[ the City of Palm
Desert, California, as follows:
N
1. That the above recitations are true and correct and constitute'the findings of
the City Council in this case.
CITY COUNCIL RESOLUTION NO.03-99
2. That Precise Plan No. 02-15, Amendment No. 1 is hereby denied, but
staffs recommendation to amend Public Works Department condition of
approval no. 7 to reduce the width of the required sidewalk from 6 feet to 5
feet is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
2
� IIY Of P .1Lff1 DESE
73-510 FRED WARING DRIVE Resolution No. 03-99
y PALM DESERT, CALIFORNIA 92 260-2 5 7H
�...._" TEL: 760 346-0611
�4G FAX: 760 341-7098
11?1� info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. Precise Plan 02-15,Amendment No. 1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider a Council call-up of the Planning Commission's approval of a request by
A.R. Woolworth dba Westwind Development amending a condition of approval by deleting the
requirement to construct a 6-foot wide, 90 lineal feet long concrete sidewalk along the project
site's Candlewood Street frontage. The project site is located at 74-140 Candlewood Street
(between Shadow Mountain Drive and Quailbrush Avenue).
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SAID public hearing will be held on Thursday September 11, 2003, at 7:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California,
at which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up to
the date of the hearing. Information concerning the proposed project and/or negative
declaration is available for review in the Department of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the Planning Commission (or City Council)at,or prior to,the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, Secretary
August 31, 2003 Palm Desert City Council
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
•
said he looked at it from the perspective of watching what they • ant to
not have over growth, so he was looking at it from the oth; direction.
He said they had done some plantings at his resort and t - over growth
was amazing because everything grew so fast. 0 er time he was
confident that what he saw would indeed accompli what they wanted
to do and that was to provide an environment co►:ucive to the park area
and to shield the wall, so he was fine with it
Chairperson Campbell noted that at t • last meeting they were also
talking about palm trees and if they g •w too tall they could plant some
smaller ones, they could put in bou• :invillea and a lot of other things, but
she knew from her own garden ' at they do get over grown, but hoped
the mesquite trees would rea toward the sun. Otherwise, they would
get back with Bighorn on t - landscaping. She noted there was a motion
and a second and called •r a vote.
Action:
It was moved b ommissioner Jonathan, seconded by Commissioner
Lopez, approvi► • the findings as presented by staff. Motion carried 3-0-1
(Commission-r Tschopp abstained).
It was , oved by Commissioner Jonathan, seconded by Commissioner
Lope , adopting Planning Commission Resolution No. 2211 approving
C ' 03-04, subject to conditions. Motion carried 3-0-1 (Commissioner
chopp abstained).
— B. Case No. PP 02-15 - A.R. WOOLWORTH / WESTWIND
DEVELOPMENT, INC., Applicant
Request for approval to delete or defer Planning Commission
Condition No. 7 of Planning Commission Resolution No.
2170 requiring a six-foot wide sidewalk along the frontage
of the project located at 74-140 Candlewood Street.
Mr. Urbina explained that Precise Plan 02-15 was approved in December
of 2002 to allow a triplex apartment complex on the north side of
Candlewood Street. One condition of Public Works was that the applicant
7
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
construct a six-foot wide sidewalk along the site's 90-foot wide frontage
on Candlewood. The applicant filed an amendment to the precise plan
requesting permission to either delete the requirement for the
construction of the sidewalk or defer it to a later date because there were
no existing sidewalks in the neighborhood and he didn't see the logic of
having to construct a sidewalk at this time.
•
In addition, the applicant mentioned in his request that he desired to
preserve the existing olive tree. Staff reviewed the applicant's request
and discussed it with the City Engineer, Mark Greenwood, and with the
City's Landscape Manager. They concluded that there was a need for the
applicant to construct a sidewalk at this time along the Candlewood
frontage; however, staff was willing to reduce the width of the sidewalk
from six feet to five feet in order to allow more room for the roots of the
existing olive tree to preserve it and to allow for the planting of three
new 24-inch box sized trees. There would be approximately a five-foot
wide landscape planter created between the rear of the recommended
five-foot sidewalk and the existing block wall.
Staff recommended that the Planning Commission adopt the draft
resolution denying the applicant's request to delete or defer construction
of a six-foot wide sidewalk along Candlewood Street, but approving
staff's recommendation to amend Public Works Condition No. 7 for PP
02-15 by reducing the width of the required sidewalk from six feet to
five feet to accommodate the preservation of an existing olive tree and
the planting of three new 24-inch box sized trees .at the front of the
project site.
Commissioner Tschopp asked if Public Works had any concerns about the
future sidewalk transition of five feet to six feet. He asked if there were
any safety concerns. Mr. Drell said staff would recommend that if
sidewalk goes in, that they construct five feet. Five feet was a good
residential sidewalk. He thought that six feet was excessive. Many
residential sidewalks were four feet, which was a little tight, but five feet
was the standard he hoped they would then follow. He said they have a
requirement for six-foot residential sidewalks, but they were never put in.
8
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
Regarding deferring the sidewalk construction until sidewalks were
installed, Commissioner Lopez asked if the City was concerned that the
applicant wouldn't cooperate at that time or fulfill the obligation of
installing the sidewalk at that point. Mr. Drell said there would be no way
to force them to do it in the future. The nice thing with sidewalks, they
were pure concrete and they were pretty permanent. Mr. Diercks
explained that there was also the concern that if it wasn't built now, it
would cost more to construct later. It was easier to construct it at this
time.
Chairperson Campbell opened the public hearing and asked the applicant
to address the commission.
MR. AL WOOLWORTH, 77-240 Iroquois Drive in Indian Wells,
addressed the commission. He informed commission that he was
the owner of the property. He stated that there wasn't ten feet
from the site from the back of curb to the wall, there was eight
feet. If they put in a five-foot sidewalk and with the size of trees
that were indicated to be put in, it would be crowded. He said he
was willing to sign something or put $2,000 in a fund. He wasn't
trying to get out of the $2,000. He liked the landscaping look and
the trees in front of the wall instead of a lot of sidewalk. He
thought it would look a lot better. He said he had pictures all up
and down the street and of a unit that was approved and built less
than a year ago, a duplex, with no sidewalk. He asked why he had
to put it in. Plus, they were only putting it on half of his property.
He also owned property with eight units on it and they would have
to "nail" him sometime for that. He said he didn't understand the
theory here because there wasn't one sidewalk on that whole
street. He was willing to give the City the $2,000 they said it
would cost to do, that didn't bother him, but he did like the look
of the landscaping and wall. He passed out pictures for the
commission to review. He said the problem was he owns twice as
much property than what he was told to put the sidewalk in front
of. He said they would get him later if they ever dia decide to put
in a sidewalk. He was also willing to put up the money, but he
liked the landscaping. He said no one was going to walk along
there stepping down and up and out of the two driveway exits
9
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
they have. They would walk in the street if they were walking
there now. He said there wasn't much traffic as far as foot traffic.
There were no questions for the applicant and Chairperson Campbell
asked if anyone wished to speak in FAVOR or OPPOSITION.
MR. CARL REIMER, 74-075 Candlewood, addressed the
commission. He said he not only agreed with what Mr. Woolworth
was doing, he asked for the commission's help with this. He was
sure they had really good reasons for why there should be a six-
foot sidewalk. He couldn't understand why in Palm Desert there
should be such a thing in an area such as Candlewood. To him,
smaller was better and he was sure they were aware that a lot of
people would prefer in this special town that they not even have
sidewalks in a lot of places. But if they had to, he believed they
should be very minimal so that landscaping was what they have
to show because that is what makes a town. So he was in full
agreement with Mr. Woolworth and wished they went with four
feet instead of five. That was still a lot of concrete and gray heat.
He asked them to think about his opinion.
There was no one else to speak and Chairperson Campbell closed the
public hearing and asked for commission comments..
Commissioner Tschopp asked staff for clarification on the duplex that
was built just a year ago and no sidewalk was applied. He asked if there
were inconsistencies in the application of the sidewalk condition. He also
asked if it was eight or ten feet to the wall. Mr. Drell indicated that the
plans didn't call out any dimension. Staff scaled it and as drawn it
appeared to be ten feet. If the reality was not ten feet, then they did
have a problem. If it was eight feet, then three feet would not allow for
the tree. If that was the case, they might have to revisit it or take his
money and place it in a trust account. When they figured out what they
would do in the future, they could throw it into the pot and build a
sidewalk that everyone agreed to build, or not build. He indicated there
was a problem with trust accounts. They couldn't keep them forever. He
would defer to Mr. Diercks as to Public Works' position.
10
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
Commissioner Jonathan asked if there was an alternative to a trust fund.
He asked if they could place an easement on the property that would
address the fulfillment of this condition should the City ever require it.
Mr. Drell said the City has an easement. He believed it was public right-
of-way. Commissioner Jonathan clarified that he was saying an easement
that would specifically require the construction of a sidewalk in
compliance with Condition of Approval No. 7 if the City ever required it.
It would carry with the property. Mr. Drell said that if the sidewalk were
built as a general project, then the applicant would make a contribution.
Commissioner Jonathan asked if that was an option or alternative. Mr.
Drell said that they have had conditions in the past and an executed
agreement that said the owner would pay a certain amount of money if
a sidewalk was ever installed. Whether the City would unilaterally put in
a sidewalk, whether through an assessment district, he didn't know. He
said if the commission wanted staff to come back with an alternative
solution relative to funding, they could, unless the City Attorney had one.
Mr. Hargreaves said he was sure they could draft some kind of covenant
running with the land that would commit the property owner to build
upon instructions of the City. He thought it was overkill for the amount
of money they were talking about.
Mr. Diercks explained that for the other building that was approved and
constructed, the plans showed a sidewalk on those plans. It was finalized
without the sidewalk and that was a mistake. The sidewalk was
supposed to be built. It was an oversight on the inspector's part. But
there was supposed to be a sidewalk.
Mr. Urbina mentioned that the plans scaled off as ten feet from face of
curb to the existing block wall. If that scale or the measurements were
off on the drawing, the other alternative would be to direct the applicant
to remove that block wall to create a wider planter area along the
frontage of the triplex.
Commissioner Jonathan thought there were a number of problems here.
One was the inconsistencies with other properties and other projects that
had been approved. Another was the confusion about the width and the
resulting problems if there was only eight feet. Then there was the issue
of this being just one sidewalk on a street that has no sidewalks and he
11
MINUTES
PALM DESERT PLANNING COMMISSION JULY 15, 2003
wasn't sure that other sidewalks would be built in the foreseeable future
or ever. So in this particular case, he thought the best resolution would
be to delete that condition.
Commissioner Tschopp agreed. There were a couple of problems with the
condition. He stated that he was in favor of sidewalks and thought they
promoted pedestrian traffic and was a good thing for the City to try and
pursue. However, when going into the older neighborhoods, they needed
to make it fit in with the neighborhood and having it piecemeal wouldn't
be appealing to anyone and wouldn't do anyone good. So in this case he
would be in favor of eliminating that condition.
Commissioner Lopez concurred. If the situation was such that there were
sidewalks sporadically set along the street, and he had mixed emotions
about sidewalks, but they fit in certain areas and didn't work well in
other areas. In this particular situation, the only right thing to do was
delete the condition.
Chairperson Campbell also concurred. She would rather see landscaping
than sidewalk. She was in favor of deleting Condition No. 7. She asked
for a motion.
Action:
It was moved by Commissioner Jonathan, seconded by Commissioner
Tschopp, approving the findings as presented by staff. Motion carried 4-
0.
It was moved by Commissioner Jonathan, seconded by Commissioner
Tschopp, adopting Planning Commission Resolution No. 2212 amending
Planning Commission Resolution No. 2170 Public Works Condition No.
7 by deleting the requirement to construct a sidewalk. Motion carried 4-
0.
C. Case No. TT 31377 - CENTENNIAL HOMES, Applicant
Request for approval of a tentative tract map to subdivide
five acres into 20 single family lots (8,000 square foot
12
PLANNING COMMISSION RESOLUTION NO. 2212
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST BY A.R. WOOLWORTH / WESTWIND
DEVELOPMENT TO DELETE THE REQUIREMENT TO
CONSTRUCT A 6-FOOT WIDE, 90 LINEAL FEET LONG
SIDEWALK ALONG THE CANDLEWOOD STREET FRONTAGE
OF PRECISE PLAN NO. 02-15 LOCATED AT 74-140
CANDLEWOOD STREET.
CASE NO. PP 02-15, AMENDMENT NO. 1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of July, 2003, hold a duly noticed public hearing to a consider a request by A.R.
WOOLWORTH /WESTWIND DEVELOPMENT. for the above mentioned; 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 Planning Commission did
find the following facts and reasons to exist to justify approval of the applicant's request to delete
the requirement to construct a six-foot wide sidewalk:
1. Currently there are no other properties in the area with sidewalks.
2. The overall design of the project would be enhanced by landscaping between the
curb and perimeter wall.
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 Public Works Condition No. 7 of Planning Commission Resolution No. 2170 is
hereby amended to delete the requirement to construct a six-foot wide sidewalk.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of July, 2003, by the following vote, to wit:
AYES: JONTHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: FINERTY �j�
ABSTAIN: NONE \A-A, kit
SONIA M. CAMPBELL, Chairperson
ATTEST:
PHILIP DRELL, Se etary
Palm Desert Planning Commission
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: July 15, 2003
CASE NO: PP 02-15
REQUEST: Approval of an amendment request by A.R. Woolworth dba Westwind
Development to previously approved Precise Plan 02-15 to amend a
condition of approval by deleting or deferring the requirement to construct
a 6-foot wide, 90 lineal feet long concrete sidewalk along the project site's
Candlewood Street frontage. The project site is located at 74-140
Candlewood Street.
APPLICANT: Westwind Development
Attn: A.R. Woolworth
77-240 Iroquois Drive
Indian Wells, CA. 92210
I. BACKGROUND:
The subject property is located on the north side of Candlewood Street between
Shadow Mountain Drive and Quailbrush Avenue. On December 3, 2003 the Planning
Commission approved Precise Plan 02-15 to allow the construction of a three-unit, one-
story apartment building with carports, a trash enclosure, and the landscaping of an
existing paved parking lot serving an existing adjacent apartment complex to the east
owned by the applicant. In June 2003, the City's Public Works Department issued a
grading permit for the apartment project and grading has started.
A. ADJACENT ZONING AND LAND USE:
North: R-3 (3) and R-1 / Greek Orthodox Cnurch parking lot and one-story
single family homes
South: R-3 (3) / single story apartments
East: R-3 (3) / single story apartments
West: R-3 (3) / single story apartments
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential (5-7 du/acre)
STAFF REPORT
PP 02-15, Amendment No. 1
July 15, 2003
C. ZONING
R-3 (3) (Residential Multiple Family, minimum of 3,000 square feet of site area
per dwelling unit)
II. PROJECT DESCRIPTION:
The applicant is seeking Planning Commission approval to amend a condition of
approval by deleting or deferring the requirement to construct a 6-foot wide, 90 lineal
feet long concrete sidewalk along the project site's Candlewood Street frontage.
III. ANALYSIS:
The applicant has written a letter (copy attached) explaining his reasons for requesting
amendment of Public Works Department condition of approval no. 7 (see attached
Planning Commission Resolution No. 2170) by deleting or deferring the requirement to
have the applicant construct a 6-foot wide, 90 lineal feet long sidewalk along the
project's site Candlewood Street frontage. A copy of Planning Commission Resolution
No. 2170 is attached.
APPLICANT POINT #1: No one had ever mentioned to the owner, designers or
engineer that a sidewalk was a necessary part of this project. Consequently, all
plans, including site and landscaping plans were approved without reflecting a
sidewalk.
Staff response: The December 3, 2003 Planning Commission staff report, which the
applicant received prior to that Planning Commission meeting, had attached to it a
draft Planning Commission resolution with recommended conditions of approval and a
copy of a Public works Department memorandum dated September 26, 2003, both of
which state: "Offsite improvement shall include city standard sidewalk and driveway
installation with plans to be approved by the Public Works Department and a surety
posted to guarantee the installation of required offsite improvements prior to permit
issuance."
It is the applicant's responsibility to have read both the Planning Commission
resolution with conditions and the September 26, 2003 Public Works Department
memorandum with conditions of approval. The applicant did not raise any iss'ie or
objection to the condition requiring construction of a sidewalk at the December 3,
2003 Planning Commission public hearing. Additionally, the applicant did not file a
timely appeal of the Public Works sidewalk condition within 15 days of the December
3, 2003 Planning Commission approval of PP 02-15.
2
STAFF REPORT
PP 02-15, Amendment No. 1
July 15, 2003
APPLICANT POINT #2: To place a sidewalk along the front of this property
without continuation onto adjacent properties would not give a very satisfactory
pedestrian walk space and would dramatically change the landscaping as there
is a mature olive that would be impacted.
Staff response: Although at the present time there are no sidewalks existing on
adjacent properties, that may not be the case in the future if City financial resources or
grants were to become available to fund the construction of public sidewalks along
Candlewood Street and other streets in the vicinity. Sidewalks promote pedestrian
safety as it is safer for pedestrians to walk on a sidewalk instead of on the street
pavement.
The applicant's request to delete or defer the requirement for the construction of a 6-foot
wide, 90 lineal feet long sidewalk is contrary to long-established City policy to require
construction of sidewalks for any project that involves the construction of two or more
dwelling units.
The Public Works Department feels that the requirement to install 90 feet of sidewalk for
the construction of a triplex, which should cost approximately $2,000, is in line with that
type of development. Although the sidewalk may not connect with other sidewalks for a
few years, this sidewalk will provide a benefit to residents or guests of the project.
However, in order to preserve the existing olive tree and allow the planting of three new
24-inch box size acacia trees shown on the approved landscape plan, the Public Works
Department has agreed to reduce the width of the required sidewalk from 6 feet to 5 feet
and thereby amending Public Works condition of approval no. 7. Therefore, staff has
attached a new Planning Commission resolution to this staff report that will supercede /
replace previously adopted Planning Commission Resolution No. 2170 that shows an
amended Public Works condition of approval no. 7.
B. FINDINGS FOR DENIAL OF APPLICANT'S REQUEST TO AMEND A
CONDITION TO PRECISE PLAN NO. 02-15:
1 . The applicant's request to delete or defer the requirement for the
construction c' a 6-foot wide, 90 lineal feet long sidewalk is contrary to
long-established City policy to require construction of sidewalks for any
project that involves the construction of two or more dwelling units.
2. The Public Works Department feels that the requirement to install 90 feet
of sidewalk for the construction of a triplex, which should cost
approximately $2,000, is in line with that type of development. Although
the sidewalk may not connect with other sidewalks for a few years, this
sidewalk will provide a benefit to residents or guests of the project.
3
STAFF REPORT
PP 02-15, Amendment No. 1
July 15, 2003
IV. RECOMMENDATION:
That the Planning Commission adopt Planning Commission Resolution No. ,
denying the applicant's request to delete or defer construction of a 6-foot wide sidewalk
along Candlewood Street, but approving staffs recommendation to amend Public Works
Department condition of approval no. 7 for PP 02-15 by reducing the width of the
required sidewalk from 6 feet to 5 feet to accommodate the preservation of an existing
olive tree and the planting of three new 24-inch box size trees at the front of the project
site.
V. ATTACHMENTS:
A. Draft Planning Commission Resolution
B. Legal notice
C. Letter from A.R. Woolworth dated June 12, 2003 discussing reasons for
requested amendment to PP 02-15 Public Works Department condition of
approval no. 7 in Planning Commission Resolution No. 2170
D. Public Works Department memorandum dated June 20, 2003
E. Planning Commission Resolution No. 2170
F. Public Works Department memorandum dated September 26, 2003
Prepared b --i
rancisco J. Urbi a
Associate Planner`
Reviewed and Approved by .)22 /5,---
Philip Drell
Direcyr Commu ' Development
Homer Croy
Assistant Cit anager for Development Services
4
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A
REQUEST BY A.R. WOOLWORTH / WESTWIND
DEVELOPMENT TO DELETE OR DEFER THE
REQUIREMENT TO CONSTRUCT A 6-FOOT WIDE, 90
LINEAL FEET LONG SIDEWALK ALONG THE
CANDLEWOOD STREET FRONTAGE OF PRECISE PLAN
NO. 02-15 LOCATED AT 74-140 CANDLEWOOD STREET,
BUT APPROVING STAFF'S RECOMMENDATION TO
AMEND CONDITION OF APPROVAL NO. 7 BY ALLOWING
A REDUCTION IN THE REQUIRED SIDEWALK WIDTH
FROM 6 FEET TO 5 FEET.
CASE NO. PP 02-15, AMENDMENT NO. 1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of July, 2003, hold a duly noticed public hearing to a consider a request by
A.R. WOOLWORTH / WESTWIND DEVELOPMENT. for the above mentioned; 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 Planning
Commission did find the following facts and reasons to exist to justify denial of the
applicant's request to delete or defer the requirement to construct a 6-foot wide sidewalk,
and approving staffs recommendation to amend Public Works Department condition of
approval no. 7 to reduce the width of the required sidewalk from 6 feet to 5 feet:
1. The applicant's request to delete or defer the requirement for the
construction of a 6-foot wide, 90 lineal feet long sidewalk is contrary to long-
established City policy to require construction of sidewalks for any project
that involves the construction of two or more dwelling units.
2. The Public Works Department feels that the requirement to install 90 feet of
sidewalk for the construction of a triplex, which should cost approximately
$2,000, is in line with that type of development. Although the sidewalk may
not connect with other sidewalks for a few years, this sidewalk will provide a
benefit to residents or guests of the project.
3. For aesthetic reasons, there is merit in preserving an existing mature olive
tree at the front of the project site by allowing a reduction in the width of the
required Candlewood Street sidewalk from 6 feet to 5 feet.
4. The project site landscape plan shows the planting of three new 24-inch
box size trees in the front area of the site; and to provide sufficient room for
PLANNING COMMISION RESOLUTION NO.
the roots of these trees to grow, there is merit in allowing a reduction in the
width of the required Candlewood Street sidewalk from 6 feet to 5 feet.
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.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 15th day of July, 2003, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONIA CAMPBELL, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PLANNING COMMISION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. PP 02-15
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, 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 extension 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 Review 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. Applicant shall participate in a commercial recycling program as determined by the
City Environmental Conservation Manager and applicable Waste Disposal
Company. Access to trash/service areas shall be placed so as not to conflict with
parking areas. Said placement shall be approved by applicable trash company
and Department of Community Development.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
PLANNING COMMISION RESOLUTION NO.
7. If outdoor lighting is proposed, 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.
8. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to Architectural Review Commission submittal.
9. Final landscape plans shall comply with the City's Parking Lot and Tree Standards
per Ordinance 977 and Resolution 01-06 and must be approved by the City's
Architectural Review Commission.
10. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that this
condition and agreement run with the land and bind successors and assigns. The
final landscape plan shall include a long-term maintenance program specifying
among other matters appropriate watering times, fertilization and pruning for
various times of the year for the specific materials to be planted, as well as periodic
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
11. 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.
12. The applicant must receive final approval of working drawings from the
Architectural Review Commission.
14. Proposed block walls facing a public street, or located within 30 feet of the front
property line, shall use decorative materials such as tan slump block, beige stucco,
or tan split-face block.
15.Trash enclosure wall shall be decorative tan colored slump block, split face block,
or stucco over masonry block. Trash enclosure gates shall be solid metal gates
painted to match the color of trash enclosure walls.
16.Prior to the issuance of a building permit Parcel Map Waiver (PMW) 02-03, which
has already been filed by the applicant, shall have been approved and recorded.
PMW 02-03 will merge the project site with the adjacent property to the east that
contains an existing 8-unit apartment complex
PLANNING COMMISION RESOLUTION NO.
17.Prior to the issuance of a building permit, the applicant shall submit to the Planning
Department a copy of a recorded quitclaim of the 10' wide Southern California
Edison Easement that exists over the project.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of
a grading permit.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of a grading permit.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
4. 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 the grading permit.
5. Any and all offsite improvements shall be preceded by the approval of plans by
the Director of Public Works and the issuance of valid encroachment permits by
the Department of Public Works.
6. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans/site improvement plans shall be submitted to the Director of Public Works
for checking and approval prior to the issuance of any permits.
7. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for checking and
approval before construction of any improvements is commenced. Offsite
improvements shall include city standard sidewalk and driveway installation with
plans to be approved by the Public Works Department and a surety posted to
guarantee the installation of all required offsite improvements prior to permit
issuance.
8. All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to the issuance of
any permits associated with this project.
9. Landscape installation on the property frontages and common areas shall be
PLANNING COMMISION RESOLUTION NO.
water efficient in nature and shall be in accordance with the City of Palm Desert
landscape design standards. Landscaping maintenance for said landscape shall
be provided by the property owner.
10. Applicant shall comply with the provisions of Palm Desert Municipal Code
Section 24.12, Fugitive Dust (PM10) Control.
11. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
12. Parcel map waiver or easement required for easterly parking area.
Riverside County Fire Marshal:
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 Code, 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 flow of:
2500 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 feet nor more than:
165' 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 13R with attic coverage fire sprinkler. 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 feet from the
building and within 50 feet of an approved hydrant. Exempted are one and two
family dwellings.
PLANNING COMMISSION RESOLUTION NO.
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 UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC
extinguisher per 3000 square feet and not over 75 feet 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 feet of all portions of the exterior walls of the first story. The roadway shall
not be less than 24 feet 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 feet wide, and 32 feet wide with parking on one side. Dead-end roads in
excess of 150 feet shall be provided with a minimum 45-foot radius turn-around,
55 foot in industrial developments.
11. Whenever access into private property is controlled through use of gates,
barriers or other means, provisions shall be made to install a "Knox Box" key
over-ride system to allow for emergency vehicle access. Minimum gate width
shall be 16" with a minimum vertical clearance of 13'-6".
12. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
Plans for underground fire line systems require approved plans.
14. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
Other:
A stand pipe will be required at rear of project; 4-inch line with two 2.5-inch
valves. There will also be an on-site fire hyrdrant.
7
i CITY of PE ' I11 CESEPI
73-510 ARING DRIVE
Sa ly PALM DESERT,CALIFORNIA 92260-2578
TEL 76o 346-061 I
FAX 760 341-7098
;�. nh%p.l .err m de orb
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.Precise Plan 02-15,Amendment No.1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by A.R.Woolworth dba Westwind Development to amend a
condition of approval by deleting or deferring the requirement to construct a 6-foot wide, 90
lineal feet long concrete sidewalk along the project site's Candlewood Street frontage. The
project site is located at 74-140 Candlewood Street (between Shadow Mountain Drive and
Quailbrush Avenue).
• is...
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SAID public hearing will be held on Tuesday, July 15, 2003, at 7:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,California,
at which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up to
the date of the hearing. Information concerning the proposed project and/or negative
declaration is available for review in the Department of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in court,you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,or in written correspondence
delivered to the Planning Commission(or City Council)at,or prior to,the public hearing.
PUBLISH: Desert Sun PHILIP DRELL,Secretary
July 5,2003 Palm Desert Planning Commission
1'V estwin Development, Inc.
77-240 Iroquois Dr., Indian Wells, CA 92210 (760) 772-5188 (760) 772-1807 Fax
RECEIVED
June 12, 2003 JUN 1 6 2003
A-V eivDt'1RNT NO. I To PizE( & p - . 02745 COMMUNITY DEVELOPMENT DEPARTMENT
K qu 9 f .+ CITY OF PALM DESERT
Planning Commission
Palm Desert, CA
Re: Planning Commission Resolution No. 2170 -
Conditions of Approval Case No. PP 02-15
This letter is sent requesting an appeal of the determination by
the Department of Public Works that a sidewalk should be
installed in front of 74-140 Candlewood St.
The vague reference regarding a sidewalk in the Department of
Public Works' condition number 7 of the Conditions of
Approval cited Palm Desert Municipal Codes Sections 26.28,
26.40 and 26.44 which appear to refer to sub-dividing and new
maps. This is an existing lot in an established neighborhood.
The first realization that they meant to enforce a sidewalk on
this property was on the third plan check of the grading plan.
No one had ever mentioned to the owner, designers or engineer
that a sidewalk was a necessary part of this project.
Consequently, all plans, including site and landscaping were
completed and approved without reflecting a sidewalk. The
photos attached show adjacent properties and others along the
block with no sidewalks on Candlewood. A similar project just
completed at 74-230 Candlewood did not have this sidewalk
requirement.
To place a sidewalk along the front of this property without
continuation onto adjacent properties would not give a very
satisfactory pedestrian walk space and would dramatically
change the landscaping. There is a mature olive that would be
impacted by the placement of this sidewalk. Landscaping has
recently been replaced on a number of properties on the street
(see photos of 74230, 74134 and 74-290 Candlewood). These
would be greatly disrupted if sidewalks were to be installed.
This owner is asking that this project be allowed to conform to
its street and neighborhood. Should the City decide public
welfare warrants sidewalks on this street then this owner
understands and would comply with the assessment when all
properties are involved.
Thank you for your consideration.
Sincerely,
A. R. Woolworth
Enclosures
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Francisco Urbina
FROM: Michael J. Errante, Director of Public Works/City Engineer
SUBJECT: PP 2-15 Woolworth triplex on Candlewood amendment
DATE: June 20, 2003
This is in response to the June 12, 2003 letter from Westwind Development, Inc.,
regarding sidewalk requirements on case PP 2-15.
It has been city policy to require sidewalks on any project involving the construction of
two or more units for many years. This project involves construction of three units and the
requirement is to install 90 feet of sidewalk.
Public Works feels that the requirement to install 90 feet of sidewalk for the construction
of a triplex,which should cost approximately$2,000, is in line with that type of development.
Although the sidewalk may not connect with other sidewalks for a few years,this sidewalk will
provide a benefit to residents or guests of the project.
ndt
Michael . Errante, P.E.
G.\PubWorks\Conditions of Approval\PPLANS\PP 2-15 Woolworth triplex-Candlewood amend
PLANNING COMMISSION RESOLUTION NO. 2170
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
• A PRECISE PLAN OF DESIGN FOR A 3-UNIT APARTMENT
COMPEX LOCATED ON THE NORTH SIDE OF CANDLEWOOD
STREET, BETWEEN SHADOW MOUNTAIN DRIVE AND
QUAILBRUSH AVENUE. THE PROPERTY IS ALSO REFERRED
TO AS 74-160 CANDLEWOOD STREET
CASE NO. PP 02-15
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
3rd day of December, 2002, hold a duly noticed public hearing to a consider a request by A.R.
WOOLWORTH/WESTWIND DEVELOPMENT. for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 02-60," in that the Director of Community Development has determined that the project is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per Section 15332 (Class 32, In-Fill Development Projects) of CEQA Guidelines; 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 Planning Commission did
find the following facts and reasons to exist to justify granting approval of said precise plan:
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1 . The design of the precise plan will not substantially depreciate property values
nor be materially injurious to the properties or improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment of
the property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or general
welfare.
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.
PLANNING COMMISSION RESOLUTION NO. 2170
2. That approval of the Precise Plan 02-15 is hereby granted for reasons
subject to the attached conditions.
lm
PASSED, APPROVED and ADOPTED Decembers 2002 meeting
by thethe followang
Desert Planning Commission, held on this 3rd day of
vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONECC1 -2
/_
!I/6 _ L
CINDY FINER VChairperson
ATTEST:
I
PHILIP DRELL, ecretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2170
CONDITIONS OF APPROVAL
CASE NO. PP 02-15
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, 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 extension 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 Review 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. Applicant shall participate in a commercial recycling program as determined by the
City Environmental Conservation Manager and applicable Waste Disposal
Company. Access to trash/service areas shall be placed so as not to conflict with
parking areas. Said placement shall be approved by applicable trash company
and Department of Community Development.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
3
PLANNING COMMISSION RESOLUTION NO. 2170
PMW 02-03 will merge the project site with the adjacent property to the east that
contains an existing 8-unit apartment complex
16. Prior to the issuance of a building permit, the applicant shall submit to the Planning
Department a copy of a recorded quitclaim of the 10' wide Southern California
Edison Easement that exists over the project.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of
a grading permit.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of a grading permit.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
4. 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 the grading permit.
5. Any and all offsite improvements shall be preceded by the approval of plans by
the Director of Public Works and the issuance of valid encroachment permits by
the Department of Public Works.
6. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans/site improvement plans shall be submitted to the Director of Public Works
for checking and approval prior to the issuance of any permits.
7. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for checking and
approval before construction of any improvements is commenced. Offsite
improvements shall include city standard sidewalk and driveway installation with
plans to be approved by the Public Works Department and a surety posted to
guarantee the installation of all required offsite improvements prior to permit
issuance.
5
PLANNING COMMISSION RESOLUTION NO. 2170
6. Install a complete NFPA 13R with attic coverage fire sprinkler. 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 feet from the building and within 50
feet of an approved hydrant. Exempted are one and two family dwellings.
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 UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC
extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type
fire extinguisher is required in ail commercial kitchens.
10. All buildings shall be accessible by an all-weather roadway extending to within 150
feet of all portions of the exterior walls of the first story. The roadway shall not be less
than 24 feet 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 feet wide, and
32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be
provided with a minimum 45-foot radius turn-around, 55 foot in industrial
developments.
11 . Whenever access into private property is controlled through use of gates, barriers or
other means, provisions shall be made to install a "Knox Box" key over-ride system to
allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum
vertical clearance of 13'-6".
12. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction. Plans for
underground fire line systems require approved plans.
14. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained with twelve months.
Other:
A stand pipe will be required at rear of project; 4-inch line with two 2.5-inch valves.
There will also be an on-site fire hyrdrant.
7
,7
%VEO
INTEROFFICE MEMORANDUM ',1Oy 2 12OQ2
;Ipy►IY:1NlCtTY OF P ALM DESERTART':vIEN'f
TO: Department of Community Development/Planning
Attention: Francisco Urbina
FROM: Joseph S. Gaugush, Director of Public Works/City Engineer
SUBJECT: PP 2-15 Woolworth triplex on Candlewood
DATE: September 26, 2002
The following should be considered conditions of approval for the above-referenced project:
(1) Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No.
653 shall be paid prior to issuance of grading permits.
(2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall
be paid prior to issuance of any permits associated with this project.
(3) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said
fees shall be at the time of building permit issuance.
d
ls
neer,
hall be
(4) A complete preliminary soils investigation,
De' artmendt oftPd by a ubl c Wo9kstpreor tolthe ssluancesof a grading
submitted to, and approved by, p
permit.
(5) Any and all offsite encroachment permitsDepartmrecededent of P bblic Works.y the approval of plans and the issuance of
valid perm is by
(6) In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site
improvement plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to issuance of any permits.
(7) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections
26.40 and 26.44, complete improvement plans and specifications shall be submitted to the
Director of Public Works for checking and approval before construction of any improvements is
commenced. Offsite improvement shall include city standard sidewalk and driveway installation
with plans to be approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
(8) All public and private improvements shall be inspected by the Department of Public Works and a
standard inspection fee shall be paid prior to issuance of any permits associated with this project.
(9) Landscape installation on the property frontages and common areas shall be water efficient in
nature and shall be in accordance with the City of Palm Desert landscape design standards.
Landscaping maintenance for said landscape shall be provided by the property owner.
(10) Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control
r
(11) Proposed building pad elevations are subject to review and modification in accordance with
Chapter 27 of the Palm Desert Municipal Code.
(12) Parcel map waiver or easement required for easterly parking area.
JOSEPH S. GAUGUSH, P.E.
C:\WINDOWS\Temporary Internet Files\OLK9270\PP 2_15 Woolworth triplex_Candlewood.wpd
I �_ CITY OF PALM DESERT, CALIFORNIA
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s N— �`� REQUEST FOR CITY COUNCIL REVIEW
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DECISION OF THE: Planning Commission
(Name of Determining Body)
Case No. PP 02-15 Date of Decision: July 15, 2003
Project Proponent: A.R. Woolworth
Address: 77240 Iroquois Drive, Indian Wells. 92210
Description of
Application or Matter Considered:
Request to delete sidewalk on project as Precise Plan 02-15, 74-140 Candlewood Street,
Palm Desert
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FOR OFFICIAL USE ONLY
Date Filed: 1-2--0 3 Received by:
Date of Consideration by City Council: 1
Action Taken:
Date:
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NO TITLE REPORT TENDERED AT THE 17ME OF SURVEY
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SOME EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS SURVEY
CONSTRUCTION NOTES
CDI CONSTRUCT CURB AND GUTTER - TYPE I PER C) HORIZONTAL CUT EXISTING CURB AND GUTTER C.)I CONSTRUCT 5" P.C.C. OVER 4" AGO. B
CITY OF PALM DESERT STD. DWG. NO. 102 FOR DRIVEWAY
20 CONSTRUCT CONCRETE DRIVEWAY PER O REMOVE EXISTING DRIVEWAY 12 REMOVE INTERFERING PORTION OF EXISTINC
CITY OF PALM DESERT STD. DWG. NO. 105
BLOCK WALL
O3 CONSTRUCT 6" CURB TYPE II PER ® REMOVE EXISTING A.C. * 13 INSTALL HANDICAPPED RAMP PER ADA STAI
CITY OF PALM DESERT STD. DWG. NO. 103
C4 CONSTRUCT 4" P.C.C. OVER NATIVE 4CD PROTECT IN PLACE 14 INSTALL EXPANSION JOINT
O CONSTRUCT 4" P.C.C. SIDEWALK 10 CONSTRUCT 6' HIGH BLOCK WALL CDI BLANK
* EXISTING A.C. MAY BE PULVERIZED TO 3" MINUS
SIZE AND USED AS FILL MATERIAL UNDER PARKING
AREAS OR BUILDING PADS.
IMPORTANT NOTICE UNAUTHORIZED CHANGES & USES: NE ENGINEER PREPARE THESE RAMS HILL Anr BE If REVISIONS DATE APP. BENCH MARK. T.B.M. ELEV. 243.69 NRO Er
CALL BEFORE YOU DIG RESPaYSIBLE MR, Q4 L4{�f Mk UIWU111°81ED S 1D OR USES cr THEE IVAIS ALL cU4 ES TO THE PLANS WST - TOP OF CURB ALONG THE SOUTHERN PROLONGATION
i SECTION�Zls A�THE GOVERNMENT BE IV mac AND.BUST BE APPROVED BY THE PREPARE?OF THESE PLANS
_ OF THE EASTERNMOST PROPERTY LINE OF LOT 8, 41-945 Boat
REQ(kRES AN AWRY ENGINEERS NOTE TO CONTRACTOR:COYSTRUCTxw CONTRACTOR AGREES DOT IN AC9RDA E w?TH . PALM DESERT UNIT N0. 4, PER CITY OF PALM
`� GENERALLY ACCEPTED COA6TRICTxW MOO; CcwSTRLCTtW CONTRACTOR WILL BE ROWED TO AS 1l£SOLE AND _ DESERT STREET IMPROVEMENT PLAN E-541-89, Palm Desert,
�rif��21-�,� mfA O COMPLETE RE UTY FOR XB SITE COYA'TTONS/Xf 16C TTIE COURSE OIL CONSTTGCTXN Of THE PROJECT, NCLUDTNC SHEET 89 OF 127 SHEETS, (STA. 16+25.44 (760) 346-3
s `Kw EXCAVATE Ku Li1<1'AUD. a S4fETy C4 A L PERSONS AND PROPERTY,, THAT THLS REQfNRELfNr SHALL BE TO APPLY CONTINUOU LY AND NOT BE }
17JUR PRE-IXC4�AIXay LD. NUIIBfR GILL (lIINED >n i41'D CONS/RUCITON G17NIRACTA4 flf4)HER ACAEfS /D AMEND /NDL�IIMfY AND HOU1 BASIS OF BEARING OWAIERS WE, AO
DESV AV LbNA✓EC1xW CENTERLINE OF CANDLEWOOD STREET BEING AL WOOLWO
UNDERGROUND SERVICE ALERT tow AN NIS PRCi,ECT, EXCEPTING war ARISING TROY THE SUE AECGGENCE OF paw q;aFSsiorctr N 89 59'05 W PER PALM DESERT UNIT N0. 4,
THE EX157EACE AND LOCAT I(If
ANY UhDERGROUAD UI![Illfs AR STRM NRES 57xH1N IN 1TfSF P1AN5 WERE OBTAINED BY A 7 7-2 40 I R(
TOLL TREE 1-800-227-2600 PER M.B. 22/74-75 SEARCH Of AVA�ABIE RECA4QS lO 111E BEsr OF OYMT rabw1L77Kt: ll A13�A17 fXlS71hG U7TL/IA`S IXCEPT THOSE SIR7NN INDIAN WELT
TWO WORKING DAYS BEFORE YOU DE ON THESE PLANS 11,E CONDUCTOR IS REA'A/d�D TO TAKE ALL PRECAUTIONARY/tEIS7/RES lO PR171EC1 lI<OUTS57 - (760) 772-
N+D IS RaCitaf fOR III PROTECKIN A`. AND NO'[WAGE R7 THESE 01E5 OR STRUCT S _
. .
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_________
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CANDLEWOOD
SURVEY 12" D.I.P. -
8" CML/CMC —
O HORIZONTAL CUT EXISTING CURB AND GUTTER 11 CONSTRUCT 5" P.C.C. OVER 4" AGG. BASE
16 INSTALL 6" AREA DRAIN
FOR DRIVEWAY
7 REMOVE EXISTING DRIVEWAY 12 REMOVE INTERFERING PORTION OF EXISTING 17 INSTALL BUBBLER BOX PER DETAIL ON
BLOCK WALL SHEET 1
8 REMOVE EXISTING A.C. * 13 INSTALL HANDICAPPED RAMP PER ADA STANDARDS 18 INSTALL 6" PVC AT 1% MIN. SLOPE
O
9 PROTECT IN PLACE 14 INSTALL0 EXPANSION JOINT CONSTRUCT 6' SIDEWALK PER CITY OF
STD. DWG. NO. 104
0 CONSTRUCT 6' HIGH BLOCK WALL 15 BLANK
* EXISTING A.C. MAY BE PULVERIZED TO 3" MINUS
SIZE AND USED AS FILL MATERIAL UNDER PARKING
AREAS OR BUILDING PADS.
R PREPARED UNDER
rBE / REVISIONS DATE APP. BENCH MARK: T.B.M. ELEV. 243.69 NRO Engineering
NE PLANS MUST TOP OF CURB ALONG THE SOUTHERN PROLONGATION (� (�
}
OF THE EASTERNMOST PROPERTY LINE OF LOT 8, 41-945 Boardwalk, S. H \� QLV
l�RL14NCE Ill! PALM DESERT UNIT NO. 4, PER CITY OF PALM Palm Desert, California 92211 SAND DESERT STREET IMPROVEMENT PLAN E-541-89, NOEL OWSLEY
760 346-3250 (760) 346-1754 (FAX) R.C.E. 39827
N IOINC SHEET 89 OF 127 SHEETS, (STA. 16+25.44) ( )
NOT BE BASIS OF BEARING OWNER'S NAME, AOORESS ANO PFKWE NUMBER
WOHOLD OF CENTERLINE OF CANDLEWOOD STREET BEING AL WOOLWORTH
N 89'59'05" W PER PALM DESERT UNIT NO. 4, 77-240 IROQUOIS DR.
15'TA/NEO BY A PER M.B. 22/74-75 INDIAN WELLS, CA 92210
WN Its S (760) 772-5188
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