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HomeMy WebLinkAboutCUP 90-1 73330 Hwy 11 and 44885 San Benito Circle . p . CITY OF PALM DESERT DEPAR'INENP OF 0344 UNITY DEVEGOPMENP TRANsArrrAL i EITE I. TO: Honorable Mayor and City Council II. REQUEST: Negative Declaration of Environmental Impact, Precise Plan and Conditional Use Permit for a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. III. APPLICANT: KENNETH COKELEY Post Office Box 971 Solaro Beach, CA 92075 IV. CASE NO.: PP/CUP 90-1 V. DATE: April 12, 1990 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution/Ordinance No. D. Planning Commission Minutes involving Case No. PP/CUP 90-1 E. Planning Commission Resolution No. 1429 F. Planning Commission Staff Report dated March 20, 1990 G. Related maps and/or exhibits A. STAFF RECCNTEND TION: Adopt Resolution No. 90-42 approving a Negative Resolution of Environmental Impact, Precise Plan and Conditional Use Permit, PP/CUP 90-1 subject to conditions. B. DISCUSSION: Both Palma Village and Commercial Core Specific Plans recanmend that between Monterey and Las Palmas Avenues the commercial zone be expanded to include the residential lots which presently back onto the commercial alley. The plans were designed to promote the redevelopment of the Highway 111 parcels, the creation of a Presidential Plaza type comma use rear parking areaffill k tLwa iTa ibelt. APPROVED / DFNIEb RECEIVED ME .' Aj�� AVE S. . Cc data].._. - ABSEN'a: ABSTAIN:./h ultiJ • VBRIFIED E•il: _.---� Original on Fi e-w calla fZiO0 TRANSMITTAL LETTER CASE NO. PP/CUP 90-1 APRIL 12, 1990 Presently the area contains a number of undeveloped or deteriorating commercial properties, a substandard alley and negatively impacted residential properties. The proposed superblock parking plan would significantly increase the development potential of the Highway ill parcels, thus creating the incentive for private improvement efforts. The common rear parking area would be designed to maximize space and circulation efficiency while creating a substantial greenbelt. The main obstacle in plan implementation involves the timing of the improvements and the lot consolidation necessary for efficient site design. The proposal involves the site currently occupied by Aart's Electric and the single family home to the north. The applicant proposes to clear both sides of all existing structures and construct a 10,447 square foot commercial building on Highway 111 and a parking lot on the rear parcel. The building would be 30 feet in height with two stories over ground level parking. The first 24 feet of ground floor depth would be leasable commercial space, creating a three story appearance. All mechanical equipment would be within the building eliminating the need for a roof parapet screen wall allowing for the building height to meet the 30 foot maximum. The building interior will include a large central atrium open to the sky. The building itself meets ordinance setback and height standards. The first floor is setback 5 feet, the second floor partially setbacks 12 feet and the third an additional 4 feet. The discussion before the Planning Commission involved two issues: Parking and the three story atrium building design. Parking: Initially piuject parking design was hampered by the narrow geometry of the two lots. The rear parcel narrowed from 70 feet to 55 feet allowing for the only 13 full sized parking spaces. The front parcel's 60 foot width was also not conducive to efficient parking design. The result was an overall parking shortage and potential maneuvering problems in the under building lot. The applicant was directed to address these parking deficiencies. One month later the applicant returned with an agreement firm the adjacent homeowner to the west on San Benito Circle widening the rear parking lot by 10 feet permitting 20 full sized spaces to be developed (7 more than the original plan). To facilitate maneuvering in the under building, spaces were widened from nine to ten feet. 2 • TRANSMITTAL LETTER CASE NO. PP/CUP 90-1 APRIL 12, 1990 With these design improvements, the Planning Commission concluded that their parking concerns were addressed. Building Design: The C-1 zone limits building height to 30 feet. Most buildings in the Highway 111/E1 Pawn area constructed in the last 10 years have ranged from twenty-four to thirty feet in height regardless of the number of stories. Flat roofed, two story buildings typically are between 22 feet and 26 feet to the roof top with an additional 4 feet of parapet to screen mechanical equipment. The applicant has chosen to locate mechanical equipment inside the building instead of on the roof, and therefore can finish off the roof at 30 feet. After debating the relative merits of the proposal, a majority of the commission determined that the overall building design was of high quality and would create a significant incentive for improvements to other properties in the area. Height limits in general are limited to regulate the bulk and mass of a building. The physical dimensions of a building determine its bulk not its internal divisions. A 30 foot two story building has the same mass and bulk as a 30 foot three story building. The commission also felt that the stepping back of each story diminished the buildings apparent mass. Having determined that the building was in compliance with the C-1 standards, the commission recommended approval of the project. PROJECT AREA PLvj ect Ordinance site area 16,460 sq. ft. building area Alt #1: gross 10,447 sq. ft. net 8,228 sq. ft. height 30 feet 30 feet parking spaces: 34 spaces 33 spaces building coverage 69% landscaped area 2,379 sq. ft. Prepared by .� '' 1 Reviewed and Approved by: PD/db 3 t i • ys �, ^, • 1 CUt.ttu- cpii`' I IUIUl1 , �s®mot 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 lTELEPHONE (619) 346-0611 March 21, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 90-1 • NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by KENNETH COKELEY for approval of a negative declaration of environmental impact and precise plan/conditional use permit for a 10,000 square foot office/retail building at 73-330 Highway Ill and associated parking lot on 44-885 San Benito Circle. APN 627-092-026, 006 - • --- ---- -------------W r ■ • eV .. • I 11104,1,1 v't ' Q- -- kr-- mini Oak-ABM Mil 0 pit _ O et) tly' tilf„..5 • .. :t�..6; AM •1 OMI a i . . 1111111• di MIMI ;VW 1111111111111.1. - ) Ill NM 1111 ... III IIIIIIIII AUL IIIIIIIIIV MINN.Pa MIMI 1.4 as ., aft . ill MINI'I', — , glit-cillitLis 1111111111i1 »1csal11 J E31132 •i:1111 •Ti HIGHWAY 111 Cr1 • >I g 1c+i // C1:::11 C-1 S.P. o J SAID public hearing will be held on Thursday, April 12, 1990, 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/planning at the above address between the hours of 8:00 a.m. and 4:30 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. I PUBLISH: Desert Sun SHEILA R. GILLIGAN, City Clerk March 23, 1990 City of Palm Desert, California RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP/CUP 90-1 Department of Qanrnmity 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. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission and building permit procedures. 3. Constructions of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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 stated and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by the approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Service District 6. That prior to issuance of building permit the owner (developer) provide the city with evidence that he has paid the required school mitigation fee. 7. The roof hatch areas shall be equipped with steel hatches and inside locking devices to prevent forcible entry. 8. Parking area shall comply with city's adopted parking lot landscaping standards. 3 RFSOLUPION NO. 9. Prior to issuance of building permit applicant shall process and record a parcel map waiver adding 10 feet to rear parking lot parcel. 10. Applicant shall agree to participate in any future parking assessment district or parking authority created to develop a common use parking area north of the alley. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to the issuance of any permits associated with this project. 2. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. 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 plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to, removal of existing drive approach, reconstruction of curb and gutter and sidewalk and construction of fully alley improvements. "As- built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection foe paid prior to the issuance of a grading permit. 6. Applicant shall provide for landscaping within the existing public parkway on San Benito Circle as well as appropriate site landscaping. All landscaping maintenance shall be the responsibility of the property owner. 7. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 4 RESOLUTION NO. 8. Applicant shall provide for the undergrounding of all existing overhead utility lines in accordance with the respective utility owners recommendation. If such undergrounding is found to be unfeasible by the city and the utility, applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction cost of such undergrounding. 9. Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches (one per parcel) to be allowed to serve this property. The entries as shown on the project site plan shall be redesigned to the satisfaction of the Director of Public Works and Fire Marshal. 10. Pioposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 12. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 13. Parking stalls, as shown on the project site are sub-standard. Prior to the issuance of any permits associated with the project, applicant shall take corrective measures to mitigate the parking deficiencies. City Fire Marshal : 1. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multi- family, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available firm a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" )< located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. 5 RESOLUTION NO. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection. 6. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2"), will be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' commercial fiun any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available fruit any adjacent hydrant(s) in the system. 7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures. 8. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. 10. Install a fire alarm (waterflow) as required by the Uniform Building Code 3803 for sprinkler system. 11. Install tamper alarm on supply valve for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes. 13. Install panic hardware and exit signs per Uniform Building Code, and/or Uniform Fire Code. 6 RESOLUPION NO. 14. Install portable fire extinguishers per NFPA, Pamphlet #10; but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. 15. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadwayshall be 36' wide with parking p ng on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. 16. Whenever access into private property is conLrolled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All conL oiled access devices that are power operated shall have a radio-controlled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All conLLulled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12' , with a minimum vertical clearance of 13'6". 17. Contact the Fire Department for a final inspection prior to occupancy. 18. An approved NFPA 13 or NFPA 13R sprinkler system is required for all buildings over 5000 square feet in size. Area separation will not exempt the building from this requirement. 19. A Class I standpipe system is required. This system may/should be combined with required sprinkler system. 20. Alley curbs need to cut back and/or alley curb corners must have turn radius for movement of fire equipment. 7 RESOLUTION NO. EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP/CUP 90-1 APPLICANT/PROJECT SPONSOR: Kenneth Cokeley P.O. Box 971 Solaro Beach, CA 92075 PROJECT DESCRIPTION/LOCATION: A 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT PD/tm MINUTES PALM DESERT PLANNING COMMISSICN MARCH 20, 1990 B. -ease No. PMW 90-5 - Mommlu'Y AVFINuE ASSOCIATES, Applicant Request for approval of a parcel map waiver to adjust the position of an interior lot line located on Gerald Ford Drive at Portola Avenue. Action: Moved by Commissioner Erwood, seconded by Commissioner Jonathan, approving the consent ra1endar by minute motion. Carried 4-0. VII. PUBLIC HEARINGS A. Continued Case No. TT 24866 - SOUTHWEST PARTNERS, Applicant Request for approval of a five lot tentative map and negative declaration to allow four hanesit s and dedicated open space on 7.73 acres generally located on the west side of the Palm Valley Storm Channel across from the Sammerset Condominiums. Mr. Diaz explained that the hillside road standards were being reviewed by city council and staff recommended a continuance to April 17, 1990 to await council action. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Action: Moved by Commissioner Downs, seconded by Commissioner Enacoixi, continuing TT 24866 to April 17, 1990. Carried 4-0. B. ContinmdCase NO. PP/CUP 90-1 - KENNETH OOKELEY, Applicant Request for approval of a negative declaration of environmental impact, precise plan and conditional use permit for a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. Mr. Drell indicated that public hearing items B and C should be combined. He outlined the salient points of the staff report and noted previous commission comments on the project. Staff recommended approval of PP/CUP 90-1 and ZOA 90-1 to city council. 2 MINUTES PALM DESERT FLAWING 0/4CESSION MARCH 20, 1990 Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. KEN COKELEY, 43-038 Crocus in Palm Desert, felt that he had dole what catmission wanted and was present to answer questions. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or CIPPOSITICN to the proposal. MR. Jrrr BANCROFT, 44-870 San Benito, stated that he had no problem and would rather have a parking lot in that location. MS. J0SEPHINE KIRKPATRICK, 73-338 Higtxaay 111, felt the proposal would be a tremendous project. Chairperson Whitlock closed the public testimony and asked for cannents. Commissioner Downs noted that the applicant complied with commission's request. Canmissioner Jonathan objected to the three story appearance, but was in favor of the use. He stated that he would be voting against the project, but felt that the use would clean up the area. Commissioner Erwood requested and received clarification on the height of the building. Commissioner Erwood felt that if the building complied with the 30 foot height restriction, the impact would be the same whether it was a one story or three story building. He felt the project was innovative and was in favor. Chairperson Whitlock concurred. Action: Moved by Commissioner Downs, seconded by Commissioner &wood, approving the findings as presented by staff. Carried 3-1 (Cbixni_gsioner Jonathan voted no). Moved by Commissioner Downs, seconded by Commissioner Erwood, adapting Planning Commission Resolution No. 1429, rending to city council approval of a negative declaration of ernvirrcmental impact, PP/CUP 90-1, subject to attached conditions. Carried 3-1 (Catmissianer Jonathan voted no). 3 NIIN(TPES PALM DESERT PLANNING COMMISSION FERRY 20, 1990 buffer and move Painters Path with the bridge; he felt this was the perfect solution. He stated that if it came to pass in their dialogue and legal machinations with CVWD that they would be forced to redo the bridge, the plans for the Ahmanson Development have gone to the point where that land was no longer available to Painters Path, then they have lost the parkway which was conducive to the neighborhood. He indicated that he just wanted the planning commission to know what was going on and that they were trying to get that bridge back in. He stated that it was on the right-of-way of CVWD, which they admitted to, and they would be happy to take off that responsibility and if the city wanted to build a bridge they would sign off. He told them that the city's position was that they could have received the bridge gratis from Ahmanson and they did not want it. He stated that they were forcefully addressing that. Otherwise, he was in full favor of the development and felt that it would be good for the city. Chairperson Whitlock closed the public testimony. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1423, approving PM 24090, subject to conditions. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1424, approving PM 25875, subject to conditions. Carried 5-0. F. ('arn No. PP 90-1 - KENNEIH COKELE.Y, Applicant Request for approval of a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. Mr. Drell outlined the salient points of the staff report and showed a video of the area. He explained that timing between development of an individual parcel apart from a coordinated plan was presenting a problem. He indicated that although the zoning and parking issues were unresolved, the applicant needed feedback and direction so he could pursue possible solutions. He asked commission to determine if 17 MINUTES PALM DESERT pLANNING commisSION FEBRUARY 20, 1990 the two story over parking was an acceptable architectural design and if it were, which building alternative was preferred. He indicated that if the ground floor parking plan was unacceptable, then commission should direct the applicant to pursue possibilities of acquiring more property so that all required parking could be accommodated in the rear lot. Or camussion could initiate the creation of a zoning ordinance amendment and/or a change of zone to permit commercial parking consistent with the recannendations of the Palma Village and Commercial Core Specific Plans. Staff and commission discussed possible alternatives. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. KEN COKELEY, 38-042 Crocus in Palm Valley, indicated that the alternate parking plan presented conformed with city standards. Mr. Drell concurred that the spaces conform and there would still be three canpacts in the back, but the number of conforming spaces did not meet the standard. Mr Cokeley asked if they were able to make the back lot conform, if the project would conform in all ways. Mr. Drell concurred. Mr. Cokeley stated that he would like to see the planning commission give him an approval of the project subject to their being able to conform the back parking lot, which would enable them to approach the adjacent property owners. Canmissioner Jonathan stated that he did not favor the two story use over the parking. He did not feel it was in the right place in Palm Desert and did not feel the three story appearance was app. priate. Mr. Cokeley noted that they were five feet below the Highway. Commissioner Jonathan stated that the problem was the aesthetic implications of a three story building. Canmissioner Richards concurred and indicated that if the building at least from the front appeared to be two story with the undergrounding in the back, it might be acceptable. After further discussion, Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MR. PAUL DOVE, 44-830 San Clemente Circle, felt the project would be an improvement to the frontage road and was in favor of that, but expressed concern about the noise level of the parking lot. He suggested that if the contractor's wanted to build parking lots, that perhaps they could build block walls adjacent to the properties. Mr. Drell stated that they would be required to do that. Mr. Dove stated that there was no wall at the 18 MaNUTES PALM DESERT PLANNING CCNMISSICN FEBRUARY 20, 1990 Enterprise building and they heard the cars from that and the Red Barn and also indicated that those owners let the oleanders die, which had helped to reduce the noise. Mr. Dove indicated that the former owner of the Mobile Station/car wash used to dump all his stuff back there which would drain into their swimming pool after every August flood. Commissioner Erwood stated that a wall would definitely be required. Mr. Drell noted that the owner of the Enterprise was Roland Sweat and he had submitted a plan for a parking lot without a building. He indicated that once a zone was established to permit that, they could attach the wall construction as a condition. Mr. Drell explained that he needed sane sort of direction that would lead to the approval of this plan, direction for a resolution of denial or continuance. If there were three votes against the two story over the parking plan, a denial would be in order. He stated that if the owner went out to buy additional property to comply with the standards, he needed to know if commission would approve the building. If commission wouldn't, then there would be no point for him to go to that expense. Chairperson Whitlock closed the public hearing and stated that she liked the plan as presented. She was in favor of the way that the building was stepped back and was not opposed to the existing parking layout. Commissioner Erwood concurred, assuming that the extra parking was solved. Mr. Drell asked which plan the commission preferred. Commission indicated that they preferred alternative 1. Mr. Drell also indicated that there would be a dedication of four feet to get a full 24 foot legal alley for circulation. Commissioner Downs stated that he was in favor of the plan and the parking in the rear and adding parking as a conditional use in the R-1 zone. Commissioner Jonathan asked for and received clarification that the motion would be to inform the applicant that if he could solve his parking problem he would likely get three votes for approval; and to initiate a zoning ordinance amendment adding parking as a conditional use in the R-1 zone. Commissioner Erwood clarified that the motion should be for the zoning issue only. Staff concurred. Commissioner Jonathan noted that the commission was not voting on the project itself, but on alternative 1 to solve the parking problem. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, instructing staff to initiate a zoning ordinance amendment adding parking as a conditional use in the R-1 zone when adjacent to a C-1 zone and when consistent with specific plans. Carried 5-0. 19 PLANNING CCMMIISSICN RESOLUTION NO. A RESOLUTION OF THE PLANNING CCNMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN AND CONDITIONAL USE PERMIT FOR A 10,000 SQUARE FOOT OFFICE/RETAIL BUILDING, ASSOCIATED PARKING LOT AND GREENBELT LOCATED ON A C-1 LOT AT 73-330 HIGHWAY 111 AND AN R-1 LOT AT 44-885 SAN BENITO CIRCLE. CASE NJ. PP/CUP 90-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of March, 1990, hold a duly noticed public hearing to consider a request by EL PASEO GRANDE INVESTORS for approval of a negative declaration of environmental impact, precise plan and conditional use permit for a 10,000 square foot office/retail building, associated parking lot and greenbelt located on a C-1 lot at 73-330 Highway 111 and an R-1 lot at 44-885 San Benito Circle; 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. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons c9Piring to be heard, said planning commission did find the following facts and reasons to exist to justify recommending approval of said precise plan and conditional use permit: 1. The proposed use and design of the project is consistent with the goals and objectives of the General Ccmnercial Zone, the Palma Village Commercial Core Area Specific Plan and Palm Desert General Plan. 2. The proposed project represents a substantial improvement for the area and will encourage a general upgrading of existing buildings in the vicinity. 3. The developer of the proposed rear parking area specifically implements a program ciPcribed by the Palma Village and Ccmnercial Core Area Specific Plan and will create a 32 foot wide greenbelt adjacent to the residential lone. 4. The project will therefore not depreciate values, restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. PLANNING COMMISSION MISSION RESOLUrICN NO. 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 a negative declaration of environmental impact, Exhibit "A", and Precise Plan/Conditional Use Permit 90-1 on file in the department of community development/planning is hereby recommended for approval, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of March, 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson A'rrhST: RAMON A. DIAZ, Secretary /db 2 PLANNING OMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP/CUP 90-1 Department of CLnmuZity 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. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission and building permit procedures. 3. Constructions of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall became null, void and of no effect whatsoever. 4. 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 stated and federal statutes now in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use contemplated by the approval, the applicant shall obtain permits and/or clearance fLuu the following agencies: Riverside County Department of Health Palm Desert Architectural Ccanussion City Fire Marshal Coachella Valley Water DibLLict Palm Desert Water and Service DisLiict 6. That prior to issuance of building permit the owner (developer) provide the city with evidence that he has paid the required school mitigation fee. 7. The roof hatch areas shall be equipped with steel hatches and inside locking devices to prevent forcible entry. 8. Parking area shall comply with city's adopted parking lot landscaping standards. 3 PLANNING CCNMISSICN RESOLITTICN NO. 9. Prior to issuance of building permit applicant shall process and record a parcel map waiver adding 10 feet to rear parking lot parcel. Department of Public brks: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to the issuance of any permits associated with this project. 2. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. 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 plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall includ , but not be limited to, removal of existing drive approach, reconstruction of curb and gutter and sidewalk and construction of fully alley improvements. "As- built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. Applicant shall provide for landscaping within the existing public parkway on San Benito Circle as well as appropriate site landscaping. All landscaping maintenance shall be the responsibility of the property owner. 7. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. P 4 PLANNING COMMISSION RESOLUPICN NO. 8. Applicant shall provide for the undergrounding of all existing overhead utility lines in accordance with the respective utility owners reccRmendation. If such undergrounding is found to be unfeasible by the city and the utility, applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction cost of such undergrounding. 9. Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches (one per parcel) to be allowed to serve this property. The entries as shown on the project site plan shall be redesigned to the satisfaction of the Director of Public Works and Fire Marshal. 10. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 12. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 13. Parking stalls, as shown on the project site are sub-standard. Prior to the issuance of any permits associated with the project, applicant shall take corrective measures to mitigate the parking deficiencies. City Fire Marshal: 1. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute 1500 for single family, 2500 for multi- family, and 3000 for commercial. The actual fire flaw available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 5 PLANNIN3 CC MISSION ISSICN RESCLUPICN NO. 4. The required fire flow shall be available faun a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" )< located not less than 25' nor more than 200' single family, 165' multifamily, and 150' catmercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification fiun the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection. 6. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2" ), will be required, located not le-s than 25' or more than 200' single family, 165' multifamily, and 150' catmercial fran any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 7. The required fire flaw may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures. 8. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flaw requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' fran the building and within 50' of an approved hydrant. 10. Install a fire alarm (waterflaw) as required by the Uniform Building Code 3803 for sprinkler system. 11. Install tamper alarm on supply valve for sprinkler systems. 6 PLANNING CCMMIISSICN RESOLUTION NO. 12. Certain ie. ignated areas will be required to be maintained as fire lanes. 13. Install panic hardware and exit signs per Uniform Building Code, and/or Uniform Fire Code. 14. Install portable fire extinguishers per NFPA, Pamphlet #10; but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. 15. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not 1P_ss than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both siciec, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-grounds shall not exceed a 5' radius or 10' diameter. 16. Whenever access into private property is cornLrolled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All conLLvlled access devices that are power operated shall have a radio-controlled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12' , with a minimum vertical clearance of 13'6". 17. Contact the Fire Department for a final inspection prior to occupancy. 18. An approved NFPA 13 or NFPA 13R spL inkier system is required for all buildings over 5000 square feet in size. Area separation will not exempt the building from this requirement. 19. A Class I standpipe system is required. This system may/should be combined with required sprinkler system. 20. Alley curbs need to cut back and/or alley curb corners must have turn radius for movement of fire equipment. 7 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE 1O: PP/CUP 90-1 APPLICANT/P%JEIr SPONSOR: Kenneth Cokeley P.O. Box 971 Solaro Beach, CA 92075 PROJECT DESCRIPTION/LOCATION: A 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMJN A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT PD/tm DEL MAR FINANCIAL CORP. P.O. BOX 971, SOLANA BEACH, CALIFORNIA 02075 March 7 , 1990 MEMORANDUM OF AGREEMENT It is here by agreed by and between the unders igned to adjust the northwest corner of lot 98 and the northeast corner of lot 99 , 10 feet to the west. Both parties agree to file a boundry adjustment with! the city in accordance with the attached ma p p and subject to the following: 1. Owner of lot 98 shallpa y the owner of lot 99 the sum of nine thousand dollars on approval of the adjustment bythe ] h cityand prior to recording of adjustment at county recorders . 2 . This agreement is subject to close of escrow #01209302 at Stewart Title where-in Cokeley is acquiring title and approval of site plan and zone change by the city. END OF AGREEMENT 7/..g/.4W4. Kenneth C Cokeley Jeffrey D Bancroft P 0 Box 971 44871 W San Benito Cir Solana Beach, Ca. Palm Desert, Ca. 6' IJI,.J-+IJIJ l/LUl/- 4 /' , — 09 TI 0/8-001? 0/8-1/0 O10-02G _ 0/8-030 POR1. 4 S //l Nil /� SEC. 20, l. .'-' '• 018-038 0/8 - 08.) 03 • • .BAN GOI�C-O%1/I D-- ---_---- ,..--- ..,) .. ., ... .. . .,,...: h �/ Lot 0 P t0 / ±O/ /03 �, se 94 93 i O zo s. ( w 6 w +.. / al ,,,s 4/ ?S C). l(/ O O �� R92 - - °0 N <57 �° " SAN BEN/TO i • ii-- X 'moo57 lO/ CIRCLE f- ,s ' 09 s \ s 99 S98 97 * 90 89 �_ _ 4 ('O)• Ire 1OLD I% INEw.-4/0. ..® CD, 0 0 e .-i _.___ ._ _ ....____ � . \ (.o ' ` "-^'Js' r'� 4D1J-ii ie93-). PV-// a-' ALLEY \e,9 f Lot A;s I^?�_' lJ i' AO 109.-/+1/.5,/9t. I 5 I -._, 1 I O.JEAcY - 4:9J-/71 zo,zI o . h p Y /n�� ,� /8Ac. �,I' • `V,y V , l�� N BO 09Z tJ 36 0 .f �,1 N 1 e/ Icr3-; + zz \ 5 �I — 6 7 d ^, 9 /0 // ^). /2 ^ l3 /4 I •I /9 /6'1 C 5-6,71 13 I 1 • 7/94 1091-Jz I J7 j I i j0'l?.JJ I JA.J7i I I I^` Se ao 1 in6 CS'µvr9I ♦O l� es _ ..n �_ .. 1 ^" d e i r.r lS- !v • iR7b.3J-, 1+ 11 P,._// PALM DESERT Lc, d r-- N + S. L;.. -- - s v STATE // Y. N. M5. 21//6-/8 Pa/ma Village unit no. 7 - M5.. 21/96 ,, /i 20 Al.5 23/2 Palm Village Plaza Tract P. M 74/23, 24 Parcel Map /564/ P. M. /2//23-24 , /84/2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: March 20, 1990 CASE NO. : PP/CUP 90-1 REQUEST: Negative Declaration of Environmental Impact, Precise Plan and Conditional Use Permit for a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. APPLICANT: Kenneth Cokeley Post Office Box 971 Solano Beach, CA 92075 I. BACECROU D: At the February20th hear' the carmission expressed a preference for � the architectural and parking design Alternative No. 1 (no through access to the frontage road) and directed the applicant to address their parking concerns. The applicant has succeeded in reaching an agreement with the adjacent owner to the west on San Benito Circle to acquire 10 feet of property. This additional width will permit 20 full sized spaces to be developed in the rear (7 more than the originalplan). To facilitate maneuvering in the underbuilding lot, the spaces have been all widened to 10 feet. With these parking improvements, staff believes that the commission's concerns have been addressed. II. RBOU44EVDATICN: Approve findings and adopt Planning Commission Resolution No. recommending to City Council approval of a negative declaration of environmental impact, PP/CUP 90-1 subject to attached conditions. Prepared Reviewed and Approved by: PD/db CITY OF PALM DESERT DEPAR'IMET OF COMM]NITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: February 20, 1990 CASE NO: PP 90-1 REQUEST: Precise plan for a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San Benito Circle. APPLICANT: Kenneth Cokeley P.O. Box 971 Solano Beach, CA 92075 I. BACKGROUND: Both the Palma Village and Commercial Core Specific Plans recommended that between Monterey and Las Palmas Avenues the commercial zone be expanded to include the residential lots which presently back onto the commercial alley. The plans were designed to pruwte the redevelopment of the Highway 111 parcels, the creation of a Presidential Plaza type common use rear parking area and a 30 foot wide greenbelt. Presently the area contains a number of undeveloped or deteriorating commercial properties, a substandard alley and negatively impacted residential properties. The proposed superblock parking plan would significantly increase the development potential of the Highway 111 parcels, thus creating the incentive for private improvement efforts. The cannon rear parking area would be designed to maximize space and circulation efficiency while creating a substantial greenbelt. The main obstacle in plan implementation involves the timing of the improvements and the lot consolidating necessary for efficient site design. The assembly of parcels under different ownership and the demolition of buildings is a long and costly process, often requiring redevelopment agency participation. II. PROJECT DESCRIPTION: The proposal involves the site currently occupied by Aart's Electric and the single family hone to the north. The applicant proposes to clear both sites of all existing structures and construct a 9,925 square foot commercial building on Highway 111 and a parking lot on the rear parcel. The building would be 30 feet in height with two stories over ground level parking. The first 24 feet of ground floor depth would be leasable commercial space, creating a three story appearance. All mechanical equipment would be within the building eliminating the need for a roof parapet screen wall allowing for the building height to meet the 30 foot maximum. The building interior will include a large central atrium open STAFF REPORT PP 90-1 FEBRUARY 20, 1990 to the sky. The building itself meets all ordinance setback and height standards. The first floor is setback 5 feet, the second floor partially setbacks 12 feet and the third an additional 4 feet. PARKING The dimensions of the Highway 111 parcel is 60' x 124' . The minimum width for a double loaded 90 degree parking design is 64 feet (two 20' spaces and 24' isle). To efficiently use the 60 foot width, 17' compact spaces or 60 degree angle one-way circulation must be employed. The one way plan would require an access fiuu the frontage road. The width of the rear parcel begins at 75 feet but narrows to 55 feet. As a result, only 13 full sized parking spaces can be developed. Ultimately when these rear lots are combined into a common parking area, the inefficiency of individual lot geometry will disappear. These problems of geometry severely limit the redevelopment potential of single lots in this area. While the Aart's Electric building is a good candidate for demolition, the buildings on either side are more likely to be remodeled then destroyed. PROOEC.T DATA Project Ordinance site area 16,440 sq. ft. building area Alt #1: gross 10,447 sq. ft. net 8,228 sq. ft. building area Alt #2: gross 9,925 sq. ft. net 7,706 sq. ft. height 30 ft. 30 ft. parking building: Alt. #1 13 full size 19 compact 1 parallel 33 spaces 33 spaces Alt. #2 25 full size 3 compact 1 parallel 29 spaces 31 spaces building coverage 69% landscaped area 2,379 (15%) 2 STAFF REPORT PP 90-1 FEBRUARY 20, 1990 ZONING ISSUES The Palma Village and Commercial Core Plans designate the rear parcels for commercial parking lots. The zoning remains R-1 which does not permit commercial parking. In addition to the subject application, the city has received two requests relating to implementation of the rear parking plan. Zoning consistency with the specific plan can be achieved in three ways: 1. Amend R-1 zone to add conditional use for commercial parking lots when adjacent to C-1 zone and consistent with specific plans. 2. Rezone to R-3 (8,000) which presently allows commercial parking as a conditional use but would not change the residential density. 3. Create a new parking transition zone and apply it to the alley lots. Amendment #1 is the simplest since it does not involve changing the zoning map and would permit individual or small groups of lots to implement the plan with a conditional use permit instead of a change of zone. A change would have to be applied to a larger logical area to avoid a sit zone situation. This alternative would continue to permit residential construction on these lots. Amendment #2, change to R-3 (8,000), requires a zoning map change but more clearly limits the parking option to a specific area. It is somewhat confusing since R-3 zones are normally associated with multifamily. The 8,000 square foot description would only permit one unit per lot. Amendment #3 represents the most decisive statement of policy implementation for the parking plan. By designating the area for parking, commercial developers and property owners would have a clear understanding as to the future use, requirements and value of the alley parcels. To achieve the ultimate goal of a common use parking lot, the zone would preclude new residential construction and specifically establish design requirements for rear parking areas. SUMMARY The proposed building complies with the physical standards of the C-1 zone. The architectural design is of high quality and would be a strong stimulus for upgrading of other properties in the area. The 30 foot height is not unusual for buildings on the fivcntage road. The physical geometry of the two lots is not well suited to efficient parking design. Alternative #1 meets the parking quantity standard but fails to meet design standards. Alternative #2 canes closer to the design standards but falls short of the quantity requirements. 3 STAFF REPORT PP 90-1 FEBR ARY 20, 1990 The best opportunity for both encouraging commercial upgrading and adequate parking is a clear statement of carmitment regarding the rear parking plan. The most positive expression of this carmitment would be a rezoning to commercial/parking transition zone. If the commission wished a more flexible approach which would continue to permit residential construction, then one of the conditional use permit options would be appropriate. III. RE ZMIENDATICN: 1. Although the zoning and parking issues are unresolved, the applicant needs feedback and direction so he can pursue possible solutions. Is the two story over parking an acceptable architectural design? If yes, which building alternative is preferred. If the ground floor parking plan is unacceptable, then direct applicant to pursue possibilities of acquiring more property so that all required parking can be accommodated in the rear lot. 2. Initiate the creation of a zoning ordinance amendment and/or a change of zone to permit commercial parking consistent with the recommendations of the Palma Village and Carmercial Core Specific Plans. IV. AT ACEV NIS: A. Legal notice. B. Plans and exhibits. Prepared b `` {D -� Reviewed and Approved by t PD/tm 4 irop-.11.\,,A , % :. , Nit ,�� CU$�� o� 1P b3,71rm�i. 1D�=��� "• Mir' 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 February 2, 1990 CiTY OF PALM DESERT LEGAL NOTICE • CASE NO. PP 90-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by KENNETH COKELEY for approval of a plan for a 10 000 square foot office - precise q building at 73 330 Highway 11l and associated parking lot on 44-885 San Benito Circle. APN 627-092-026, 006 sR- 1 ,N S • . 1.% . um" lit :i g j o s hc . i:rici�'� l / < P is 1.. i r. !e •.C$10r-- -MIS imam / lL _/r :ate:D ' ow=-- IMMO WW NEIN --= .- ll MI mo ee •ao`imam ' 7,m e / AN 4 - 0 011 u •At ,--. -. MIME ' -. MIN -,, IM .Am MIS f 3 .-. sr �o IOn illII►�eI la00 flit Ill I isI - ;IIjVI- - ) _ ILp. IF, 1113:CI leitt HIGHWAY 111 *:::i a.. ..Fifth •lui MINN"1IIIINHlI ! ° " , 4iiiimilii &P. x. � � - - � c Igalleilliir 1 C-1 &P. 1:,r it mizigp ,t II • . . 4, . . .„, : . . 2 S..* i•1 . SAiD public hearing will be held on Tuesday, February 20, 1990, 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. 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 Post RAMON A. DIAZ, Secretary February 9, 1990 Palm Desert Planning Commission 41111 ti RESOLUTION NO. 90-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN AND CONDITIONAL USE PERMIT FOR A 10,000 SQUARE FOOT OFFICE/RETAIL BUILDING, ASSOCIATED PARKING LOT AND GREENBELT LOCATED ON A C-1 LOT AT 73-330 HIGHWAY 111 AND AN R-1 LOT AT 44-885 SAN BENITO CIRCLE. CASE NO. PP/CUP 90-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of April, 1990, hold a duly noticed public hearing to consider a request by Kenneth Cokeley for approval of a negative declaration of environmental impact, precise plan and conditional use permit for a 10,000 square foot office/retail building, associated parking lot and greenbelt located on a C-1 lot at 73-330 Highway 111 and an R-1 lot at 44- 885 San Benito Circle; 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. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; 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 said precise plan and conditional use permit: 1. The proposed use and design of the project is consistent with the goals and objectives of the General Commercial Zone, the Palma Village Commercial Core Area Specific Plan and Palm Desert General Plan. 2. The proposed project represents a substantial improvement for the area and will encourage a general upgrading of existing buildings in the vicinity. 3. The developer of the proposed rear parking area specifically Implements a program described by the Palma Village and Ccumercial Core Area Specific Plan and will create a 32 foot wide greenbelt adjacent to the residential zone. 4. The project will therefore not depreciate values, restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. 41111 RESor1rrION up. 9 0-4 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That a negative declaration of environmental impact, Exhibit "A", and Precise Plan/Conditional Use Permit 90-1 on file in the department of community development/planning is hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of April, 1990, by the following vote, to wit: AYES: BENSON, KELLY, WILSON, SNYDER NOES: NONE ABSENT: CRITES ABSTAIN: NONE eA -1/ WALThH H. SNYDER, Mayor Tempore City of Palm Desert, California ATTEST: T;4-1E):/// L. ;/; 6 - SHEILA R. GILL 6AN, City ¢141-k City of Palm Desert, California /db 2 .spappue4s &TdeosPuet 40T Eupped pe4dope s,A4To u4TM ATdWoo TTeLps ewe 6uppsd '8 •Ar4ue eTgToaog wanaad04 ssoTne'P &rppoT epTsuT PuP seqoapq Tee4s 144T'M PeddTnbe eg it-Pus 8982e oP4174 3OoI a 4L 'L •ee3 uoT4e6T4Tw Temps peaTnbal eq4 Pled seq eq 4eq4 eoUe'PT a taTm A4To sq4 aPTnord (asdoTanap) .rauMo egg 4Tuuad fuTpTTnO 3o aouenesT o4 =Tad 4egL '9 40TT1RTQ eoTAiaS Pup se4eM 42eeleG Wed 40T TQ as4eM AsTTeA eTTe<i- 00 T4saeW e1T3 A4T3 upTssTumoJ Taan4084TWaV gaeSeQ wrisd TE8H 3o 4uaugaadaci A4unrU 9PTs1anT2p :saToueoe 6uTMoTTo3 el umr3 aoue.reeTz .ro/pue s4Tw1ed uFe44o 4S.T3 TTegs 4ueoTTdde eg4 'Tenoadde eq4 )q pe4eTdwaquoo esn Aue 3o uor4onaqsuoo 20j 4Talied &rFPTTnq e 30 BOUEPTISST 04 1T1d 'S •aaro3 uF eq Aew ia43ea aq uoTqm .ro 'eoao3 uz m u sa4n4e4s Tempe; pue Pe4e4s pue secueu pro TedToTiu TTe o4 uoT4TPPe uT sae uoTtpM uTe iaq tpaog 4as suoT4e4TurTT pue supT40T z eq4 04 4oe cgns eq T Taps u aaaq PegTzoSep kl.radoad eq4 3o 4uaudoTanaP WI 'V .ramm7.4pqm 4oe33a ou 3o pue PTon 'TTTtu ew00eq TTPus Tide Pies esTmast 4o 'pe4ue.z6 sT uoTsue4xa ewT4 e ssaTun Tenoadde TeuF3 3o a4ep ate woag aeaA BUD Up4 t. 901E111= TTegs e f old pies 3o voTgaod e 3o svoT4o u s x '£ 4Tiurad ZurpTTnq pue uoTssTuuco Tein4oe4T.p.xe '04 Pe4TuFT 4ou axe 4nq 'aPnTouT 1-1074m A4T0 eq4 3o S4uawa.zTnbea Teanpeoord ago TTe e4aTdwoo 4SIT3 Timis 4U5oTTdde e4 'Tenoadde sTu4 2q pa4eTdweauco sash lute 3o vof 203 4Tuuad buTpTynq e 30 aouenssT a44 04 1oTid 'Z •Sv0T4TPuoo ZuTmolTo3 ac 14 AO PeT3TPow se '4uawdoTanap A4Ttmuu x 3o 4uaw4.redep atp4 144TM eTT3 uo s4TOTuxe 144TM ATTETwe4qns wro3vo0 TTegs A41adoid 91.14 3o 4uaudoTanap eqL 'I :4ualtiollanala A4Turimwop 3o wauq.aed9C1 1-06 dID/dd 'ON SSC) 7VAO 3ddY AO SWIJJ ND Z -06 .ON MDII010SSH RESOLUTION NO. 9 0-4 2 9. Prior to issuance of building permit applicant shall process and record a parcel map waiver adding 10 feet to rear parking lot parcel. 10. Applicant shall agree to participate in any future parking assessment district or parking authority created to develop a common l ica parking area north of the alley. 11. Rear parking area shall be enclosed by a six (6) foot decorative block wall. 12. Project shall make provisions for commercial recycling. Department of Public iibrics: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to the issuance of any permits a-cgociated with this project. 2. Any s to.un drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. 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 arnnenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to, removal of existing drive approach, reoonstruction of curb and gutter and sidewalk and construction of fully alley improvements. "As- built" plans shall be submitted to, and approved by, the Director of Public Fbrks prior to the acceptance of the improvaTents by the City. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. Applicant shall provide for landscaping within the existing public parkway on San Benito Circle as well as appropLiate site landscaping. All landscaping maintenance shall be the responsibility of the property owner. 4 S •eanssead 6uT4e.rado TenpTsaa I Sd OZ 4e u0T4e mp smog am4 303 WdO OOS T eq T TES uTew aeq ez uanT6 Bue 04 pe4osuuco 4ue.zp&4 euo Kue wax; eTgeTTene moI3 eST3 TeTZ e4,L 'TeToaauu oo 03 000£ Pus 'ATTue3 -T4TTu .zo3 00SZ ')TTwe3 eT&.TS 203 00ST 84nuTW /ed uott 6 Trpma4Jod e ETPTnoad 30 a tgedeo us4sAs aa4et a 's45Tre ezeg4 MOW 30 'aPT d 'Z 'OTOE'OT 'oeS eP00 e3Ta wao3Tun sad slouTpunq TeTare uico Tie 30 m TepXivaz e44 a03 Mot; e-T3 wnwTuTm a 4es 04 peaTnbea sT 4uauRaedeQ aria mil 'I :TAW eaT3 A4TO 'SeTouaToT3eP 5uT4xed eg4 e4e6T4Tw o sa.inseau enT4oezaco e}{e4 TTegs 4ueoTTdde '40acozd ego u4TM pe4eToosse s4Tuued Fue ;o eouenssT eq4 04 .zoTsd •piepue4s-qns a.IS e4TS 4oeroad eqq. 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A fire flow of 1500 gpm for a 1 hour duration at 20 psi resicina7 operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Sugar hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" )< located not less than 25' nor bore than 200' single family, 165' multifamily, and 150' commercial Iran any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspecticn by the Fire Department prior to request for final inspection. 6. A combination of an-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2" ), will be required, located not less than 25' or buue than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 7. The required fire flaw may be adjusted at a later point in the permit process to reflect changes in design, construction type, area eparations, or built-in fire protection measures. 8. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. 10. 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