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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 $2,000, is in line with that type of development. Altlpugh the sidewalk may not connect with other sidewalks for a few years, this`sidewalk will provide a benefit to residents or guests of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council o`[ the City of Palm Desert, California, as follows: N 1. That the above recitations are true and correct and constitute'the findings of the City Council in this case. CITY COUNCIL RESOLUTION NO.03-99 2. That Precise Plan No. 02-15, Amendment No. 1 is hereby denied, but staffs recommendation to amend Public Works Department condition of approval no. 7 to reduce the width of the required sidewalk from 6 feet to 5 feet is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 � IIY Of P .1Lff1 DESE 73-510 FRED WARING DRIVE Resolution No. 03-99 y PALM DESERT, CALIFORNIA 92 260-2 5 7H �...._" TEL: 760 346-0611 �4G FAX: 760 341-7098 11?1� info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. Precise Plan 02-15,Amendment No. 1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Council call-up of the Planning Commission's approval of a request by A.R. Woolworth dba Westwind Development amending a condition of approval by deleting the requirement to construct a 6-foot wide, 90 lineal feet long concrete sidewalk along the project site's Candlewood Street frontage. The project site is located at 74-140 Candlewood Street (between Shadow Mountain Drive and Quailbrush Avenue). }: 1 k ).b ! R� r 9K vi g .\` 1 "x 141,'�0 j: Il i I"/ ...a& �U k n;, a '`,.',,',`Ix. 1 fir A�' .,.$.:' '.'_;''...-_-,—;.,:,-,-,,, -"N., ,k: --i:44L — , • 7 i 1^� :rY f r 1 k f 1 'I ? F .,.,,',`. _ a�rtx z y 1...._ h 1. � 4.t a dbsa 1 r.3 ? sC 70 —u ? > 7 a ¢ r_ % S — ' t-- 1Q '1.ry T �r ' � JAROSE-t-lam—'-§ Pm L.1 _....__. 7 i;..a r �� i , �: Ci r 1 1 1 1 1 I I N 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... r} M • ,y 11111 # ;ai *Ally►% • .h I - �� .■.,,1k re wL `t 111111111 r u � s? �a -krf �_ n111111111 �a 111111111111111 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 s ro s N— �`� REQUEST FOR CITY COUNCIL REVIEW Ip 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 w N U _ • mot_: w cc ._.Y N r0WW CV LA-1-1 J CC V= )„Q e Member of the City Council U c.i W 8 5 FOR OFFICIAL USE ONLY Date Filed: 1-2--0 3 Received by: Date of Consideration by City Council: 1 Action Taken: Date: H:\W PDOCS\W PDATA\FORMS\CALLU P.W PD 5/21/03 , M *t .� ore / ..•,f 4 s. 4. .. rrca f h:: t f Y : + -t Wit.r.4. ^�� , r IP I r ): • 1r i. / r i 1 : ,.' , , . u, Sill . �,.. .: ..ri ,:., .- .- �, ,ter: .. .ar..., sp.... •r s .,. • 1 x ( 1 3N 1 1I '' 9i�2 f d .„�, r..sRM�i'"aar mi 9` d! j i .t*w'4i'� Sf ^ y r y1r .fit : t '`V'i.Pl �.�'��a,{t'7"vtY I ., y 3 h. �,r G 7 * , ^`£ PP 02-15, Amendment No. 1 Looking northeast at project site along Candlewood Street. July 30, 2003. t � ti •x .4, r + iM �t 1.• �'' - .:t . i r �.- fin. • ♦ � . .• x ;- 1�P . r4 s,"'} 44, r''Li+1 -1� �••s - ;1 �S� �4.rY S :4.. ��. S. *S a • • pi= ltl l" &I ,h d{ . '•� {k1C rf xl• �Lf ' • F ¢ T ti L w ra h .., - 4 a tY /.YL 'MR h t il. F W 'Yl' 'i Y. . ,. YY •Fti• 44 -� ,,. � �'.� ,� _: as f.Nv- E r 44. y .r F ,4: '„•.yam 4 'iC xt +.nd ,y""'%•-•wx rye r } 4M -,4. ;r L • . w g 0. . x- pm • 40 PP 02-15, Amendment No. 1 Looking east along Ca Street frontage at existing olive tree and 5'-0" measurement from olive tree to back of street curb. July 30, 2003. :ow pLAN . . LANDcAl • , --rgsipLex APIWTAIS T P ea . A .101 ,.. coAis .41 UCT/Oici . -A. 0 U N D .....,IP P. ------ . . . 0 .f_4, „..•.:...: ..... . • F_. . _________At . .. . ... . 4 A 77-1- 4 ,-:.:.,..:,..• _r__ . . ___,„,...„--_-_--, ___ ii., ... --:.•‘: km,. , 1. .. •• •••• • ii\ i...".• -- . -- 4- . .. ...-....- • t .6 MINIM N .. . • dimanit _as,, Aillabk .-' . -: ••• • • . 1SOMMIIIPAPALIC::: '.•'''.' 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I La" fiv ...:iorog____Ii: 7"---14:1":41 ------------41' v . movilliW ,-. .0 ink----- eMpialempumr o 11 tlitelkilri7,00Atan 0 . ._... ..T.---/774..... s_ vil firsirAlPprAVII In_ ti) T_. MGF tTe , - 1 ••* i 4 I Ali i_n7p 0 Itt_4•Ned-0 . AVOW ("WA M G F 1111+1 I If A pAUWAIr lit o '... .M•••....................................V11'/MM..Ayi.AWrr......... ......................................... ............e. • EXISTING PALO VERDA TO C AND tEWO OD 5 nee REMAIN. ......! . .. -,.. %;•,. ,1 1.6 1--- 1-01 T R PL„t---x IA P A•P-TrilN ff. Y' /2- 3 7tvi ....„, . ‘ ,.., 92. ..". _.4.,:' ,i?., ' ill A/ / 1-- / / I L ) Uic17). I ColluUC_ ( IG - .__ .,/ -.--03 ,. bc• IC 245.18 /1 FS 244.35 bl co , 0 7.44.9 / . /13x i / FS 244.68 G.B. 0 , ?ESIDENCE - , .. f•S• 44.9 ...,x1.,.5.....--------L C• / , r l A , 44.at) /T 244 20 ' • 0-6 1 '').4 I AN V 242.85 ' Te-145.27 FS 244.44 ilD TC 244.30 C\I tl firmommiiiimi. IN FS 2'44.77 I / G.B. FS 243.80 \ LIGH.T.:44 .y 1 , 0" CURB /- FACE . 0 • • 0 (LI -c-E • . FS 244.44/ TC 244.75 '6 // G.B. cz) Llic_liaj ILO linignallr SEE ., 1§2 DETAIL t / / 47. // ///,//22,/, . - - •-•• ••••• F111-•-::- ° 046 0" C.F. 1 FS 244.89 t° 0 2% FS 244 44 1 _.. / FS 224.62 / ./ FS 244.64 to , o 9' c,i 0 ,- / to n.#1 vr I 1 FS 244.64 e hi tx43.',(1 il.f..)(.3\03\ TC 244.93 / COVERED H.P. at co c.) PARKING 0 0 1 ,-- ... -or) 0 Id c-.5 LL \C1 cC, TC 244,35 (3) .... / FS 244.35 _1 •' 18' 24' 18' (g) 1 , .. ...h_ ...I.. 11,2,y)21,. TC 244.30 co I e .. r.....„,,„,, , 244.30 _ u,.... d 0 \ TC 244.96 Ps ;;.A'<'44 4.(9, TC 244.65 . , ,; •?..). .3 i 00 07 IS 244.46 . FS 244.1 1 5 ..., . .r is 030441 H4 .. 4-. ! 4 0 • ul p••.....1.. • 0 0 e t., b Di. .3 • 4 , c" (I.` e \‘ FS ' 4. . < 0 •\‘‘ --: k X/S/.---6 NM ._..,. (/) ct z •cs), ;\ @ --------,1 - - Y TC 245.39 0,1 C • CS \ • • TC 245.01 t.- w \.. c`)1 !\ C•I .daRAMP BLOCK WALL ?.) u. :.; (r) FS 244.8"1b(' NS) A. O. c5 0 FS 244.51 1,b`c3.;° .,(13 % tt4)' tr,W11 24' 9' b43. .0.1. TG 245125 • • iD •-. -f,4, .41, ; W l' ! ., , 1 ' 4 ' ;':...‘ ....1.1.4 1> , 4 • '''" . •,••11•I ‘,141P1.- E ....1.... -`1' ...........• woomo. Amino E awls MI S r f.59'05" E _ ' ' 5 IS 44.24- r's 7,, n1 2 S\qg:59'05' E F$ 24 . I: _ 24 FS 243.98 7200' ' (1, b!x• 4 ...CD •.0 4 I •g% I \ .,0 •i. tit . ' . - - •- A TG 243.•0 4/) ,‘ , ' 2.? / .... 0 777 0 1 IL ( 40 I NV 242.2. tn 41 • ftie,..'. \ --- -- .'- :rmt"4-;*' IMMO a 3011111111111.11111 Aar - _ DRIVE APPROACH , DRIVE APPROACH DRIVE APPROACH '\Civr A,- '••--tic.\() .\ _ 00 1 0 -\-- EXIST. 8n CURB 00 c) # # # $1 2 7 t_ott -c-.) IP 4-c.• (•') 0 4i. de GUTTER 0' 'is 0' #* *\C ) t‘ty 0-1- r q .mt°`. o. b,4)• 0- , ,1)- cs 47'-0 " v- EcorY1,11PD. Eb N [C ---- --- < 2.51--0 II 2 - Nev\/ 5.---V1 vvire0 -14rik:L( „ 8" V.0 P. --0 SSW pp so ----t,s--- CANDLEWOOD • /tp pp_Dv-1-D ppEc LcE 6Thi-1 ./A/ STREET I h tit, FSty(1 .\ t y= vrvucrr �hvun_ a 4.. s U r 244.89 ,,i P.U.E. = PUBLIC UTILITY EASEMENT TG l25 • _ 24. � �h GTEMH = G. T.E. MANHOLE IJ r SSMH = SAN/TAR Y SEWER MANHOLt �.. —awn MM. bg 14+ ` N• � F' 4111M1111111.111011111M11.11011.1111.6.11111111111. II TG = TOP OF GRATE ,:� ������ `S 8959'05" E FS 244.35 ICV = IRRIGATION CONTROL VALVE __ _ 01, GTE F.S. = FINISH SURFACE - TG 243. 041) it Q 41, F.F. = FINISH FLOOR 4 . B.S.L. = BUILDING SETBACK LINE INN 242.2 = EXISTING BLOCK WALL (HEIGHT VARIES) ; . ' DRIVE APPROACH I 3 L — EXISTING CONCRETE AREAS = 1 4� 00 Feel = EXISTING WATER METER : �h�`' °'� . i '0,- ,,.,.s.i Xi, E = EXIS77NG ELECTRICAL UTILITY ' N O = FOUND MONUMENT, AS NOTED is = A.C. UNIT CONTOURS BY INTERPOLATION, APPROXIMATE ONLY. -, NO TITLE REPORT TENDERED AT THE 17ME OF SURVEY ... , ,..___ , . _ ,.1,_ 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 _ . . _AI _ _________ I __.— — c_ — 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 /TES SIK