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HomeMy WebLinkAboutCUP 87-16 NW Corner Deep Cyn Rd Alessandro Drive 1 SCHLECHT, SHEVLIN & SHOENBERGER JAMES M. SCHLECHT A LAW CORPORATION TELEPHONE (619) 320-7161 JOHN C. SHEVLIN LAWYERS TELECOPIER 1619) 323-1758 JON A. SHOENBERGER JOEL S. MILIBAND POST OFFICE BOX 1906 DANIEL T.JOHNSON 801 EAST TAHOUITZ WAY, SUITE 100 IN REPLY REFER TO JOSEPH A.GIBBS PALM SPRINGS, CALIFORNIA 92263-1906 KIPP IAN LYONS• BONNIE GARLAND GUSS CRAIG G. ERICKSEN WALTER J.R.TRAVER CRAIG W. MCARTHUR .ALSO ADMITTED IN STATE OF WASHINGTON October 4 , 1988 `-- CITY COUNCIL ACTION: APPROVED DENTED HAND DELIVERED T— RECL-IVED4- :. Shelia Gilligan g MEETING DiVi• ' "' City ClerkAYES _�4 �� B3i----._. . City of Palm Desert 73510 Fred Waring Drive NOES: - =-----...----__..--- _ Palm Desert, California 922641TAI t',:_ Sx'AIIv Re : CUP 87-16 VERIFIFI) : le i tyT Clerk' s Offic Site: Northwest Corner beep Canyon 1oa /Alessandro Drive Applicant: Dennis Godecke Dear Mrs . Gilligan : Please be advised that we represent Mr. Dennis Godecke in' connection with his application for a Conditional Use Permit to allow construction of a 6800 square foot professional office building, located at the Northwest corner of Deep Canyon Road and Alessandro Drive. It is my understanding that on or about January 5, 1988 , the Planning Commission approved the applicant ' s request for a Conditional Use Permit, subject to specific terms and conditions, which were outlined in the Planning Commission Resolution, a copy of which is enclosed for your easy reference. I invite your attention to paragraph 7 which provides : "Existing utilities on Deep Canyon Road shall be underground per each respective utility district ' s recommendation. If determined to be infeasible, applicant shall agree to participate in any future utility undergrounding district. " Our investigation has revealed that it will not be economically feasible for our client to bear the burden of the costs which will be incurred in placing the utility lines underground. Mr. Pat Conlon has taken the position that the costs to be incurred by the applicant in placing the utility lines underground is economically feasible. SCHLECHT, SHEVLIN & r-iOENBERGER A LAW CORPORATION LAWYERS Shelia Gilligan City Clerk October 4 , 1988 Page Two Mr. Godecke will execute a covenant which will require him and/or his successors in interest to participate in any future utility district which may be formed. The purpose of this letter is to request that you place this matter on the City Council ' s agenda, for October 13 , 1988 . If this matter is placed on the City Council agenda for October 13 , 1988 , we are going to make a specific request that the City Council overrule the administrative decision which has been reached by Mr. Conlon. It is myunderstanding g that Mr. Conlon has advised the applicant that the City of Palm Desert will not issue a building permit to the applicant, until such time that our client provides either an irrevocable letter of credit, or makes some arrangement to pay the costs of installing the utilities underground. I enclose for your easy reference, a copy of the Estimate of Costs which was provided by the Southern California Edison Company. Thank you for your cooperation and consideration in this matter. Very truly yours , SCHLECHT, SHEV IN & SHOENBERGER A Law Corpor ' on 71-'74 6 • JOSEPH A. GIBBS JAG:ck Enclosures cc: The Honorable Mayor Jean Benson Bruce Altman, City Manager Dick Volkers , Director of Public Works Ray Diaz , Community Development Director Douglas S. Phillips , Esq. , City Attorney Dennis Godecke Pat Conlon 26/2 O C T — — S S M O N 15 54 DENNIS G O D E C K r P _ 0 4 • ` J Southern California Edison Company 36.100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY. CALIFORNIA 92234 XCP:411V.11August 31 , 1988 i988 •• C3UlLDlNG & S�iFE7Y DF r)I 0 rep!.. Mr.. Pat Conlon CITY Or F'�1!_;.; f.}ac.;RT City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Subject: Underground Assessment District 88-1 Phase 3, Portola and Others Dear Mr . Conlon: Following is a list of undergrounding jobs that I have discussed with you, Mr. Dick Flolkers , and Mr. Kermit Martin. Please remember that these costs are estimates only and are subject to change. 1) Underground Assessment District 88-1 , Phase 3 , Portola $94 , 700. 00 ITCC Tax 26 , 500 . 00 TOTAL $121, 200 . 00 2) Cabrillo & Allessandro Southwest Corner, Miraleste Investment Co. $34 , 670. 00 ITCC Tax 9, 707. 00 TOTAL $44 , 377 . 00 3) Deep Canyon & Allessandro Northwest Corner, Lots 5 & 6 of Palma Village Unit No. 8 , Requested by Housley Assoc. , Inc. $64 , 500 . 00 ITCC Tax 18, 100 . 00 TOTAL $82 , 600 . 00 OCT - 3 - 8 8 M O N 1 5 : 5 5 DENNIS G O D E C K E P . 0 5 Mr. Pat Conlon -2- August 31 , 1988 4) State Highway 111 and Deep Canyon $130, 500. 00 ITCC Tax 36, 540. 00 TOTAL $167 ,040. 00 Job No. 4 will clear all four corners of State Highway 111 and Deep Canyon including No. 3 above. Should you have any questions about the costs , please call me at (619) 321-4256 or Mr . Kermit Martin at (619) 321-4266 . Yours truly, Glenn Buchanan Customer Service Planner GB: jkb cc : Kermit Martin CD CI T - 3 - 88 ryo IA 1 Fr DEN FA I E GCI D Et_ I- ' F' _ II2 ( ( PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 87-16 Department of Oonrnun i tY Development: I . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. 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. 3. 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. 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water & Services District 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. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 6. Projects shall pay school impact mitigation fees as arranged with the Desert Sands Unified School District. 7. Project shall be subject to Arts in Public Places Ordinance 473. Department of Public Works: 1. 1 . Drainage and signalize ion fund fees, as regt?ired by city ordinance, (::shall be paid prior to gracing permit issuance. 3 OC= T — 3 - 88 MON 1 r I ': GOLiECK — _ =y 1 ( / PLANNING COMMISSION RESOLUTION N0.iL l 2. Storm drain Construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. ,,LL 3. Full public improvements, including traffic safety lighting as required by ordinance and the director of public works, shall be installed in accordance with city standards, 4. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval before construction of any improvements is Commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 5. All private driveways end parking ►ots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 6. Landscaping maintenance on Alessandro Drive and Deep Canyon Road shall be provided by the property owner. 7. Existing utilities on Deep Canyon Road shall be undergrounded per each respective utility district ' s recommendation. If determined to be unfeasible, Applicant shall agree to participate in any future utility undergrounding district. 8. Complete grading plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval prior to issuance of any permits, 4. 9. Installation of curb and gutter, matching paving and six foot wide sidewalk on Alessandro Drive and Deep Canyon Road. ID. Offsite Improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to grading permit issuance. 11 . Size, number and locatIon of driveways to public works specification with only two driveway approaches to be allowed to serve this property. 12. Grading permit issuance shall be subject to the waiver of parcel map first being approved and recorded. 13, Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(sl by the department of public works. 4 OCT — 3 — SS MOr-4 1 04 DENN I S GODECK ' F' _ 01 I PLANNING COMMISSION RESOLUTION NO. 14. A Complete preliminary 50115 investigation, conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to issuance of the grading permit. f ire Marshals I . The Fire Department is required to set a minimum fire flow for the remodel or Construction of all commercial buildings per Uniform Fire Code Section 10.301C. 2. A fire flow of 3000 g.p.m. for a 3 hour duration at 20 p.s. i . residual operating pressure must be available before any combustible material is placed on the Job site. 3. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2") , located not less than 25' nor more than 165' from any portion of the buildings) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrell" type. AY; Provide written certification from the Water District that hydrant(s) will be Installed and will produce the required fire flow, or arrangefield inspection by the Fire Department prior to request for final inspection. 5. Prior to the application for a building permit, the developer shall furnish the original a two ies of the water system plan to the County Fire Department for e ew. No building permit shall be issued .- [„ until the water system I s be n approved by the County Fire Chief. Upon approval , e original wit a returned. One copy will be sent to the responsible inspecting authority. 6. install a complete fire sprinkler System per NFPA 13. The post indicator y_ 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. - I 7. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803, for sprinkler system. 8. install tamper alarm on supply valve for sprinkler systems. 9. install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A)OBC in rating. 10. Contact the Fire Department for a final inspection prior to occupancy. /tm. 5 OCT 3 - ee MON 1 ,- 0 "• LiENN I S GODECK P _ 0 1 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION C1SE NO: CUP 87- 16 APPLICANT/PROJECT SPONSOR: Dennis Godecke 7I-650 Sahara Road, Suite 1 Rancho Mirage, CA 92270 PROJECT DESCRIPTJQN/LOCATJQN: Construction of a 6800 square foot professional office building located at the northwest corner of Deep Canyon Road and Alessandro Drive. 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. D1AZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT PD/tm 6 OCT : 3 - 5e FION 1 - 5 5 LtENN I S GOLIEC F' _ C1E. • 1 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 6800 SQUARE hUUT PROFE551UNAL OFFICE BUILDING LOCATED AT THE NORTHWEST CORNER OF DEEP CANYON ROAD AND ALESSANDRO DRIVE. CASE NO. CUP 87-16 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of January, 1988, hold a duly noticed Public hearing to consider the request of DENNIS GODECKE for approval of a negative declaration of environmental impact and conditional use permit to allow construction of a 6800 square foot professional office building located at the northwest corner of Deep Canyon Road and Alessandro Drive; 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 a significant 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 cortmission did find the following facts to exist to justify their actions: I . The proposed use is consistent with the intent and purpose of the R-3 zone, the O.P. zone, the Palma Village and Commercial Core Area Specific Plans and the Palm Desert General Plan. 2. The project's design provides a compatible transition between the residential uses to the north and the commercial uses to the south and east and will , therefore, not depreciate or unreasonably interfere with the use or enjoyment of property in the vicinity. 3. The project will not endanger the public health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED oy 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" is hereby certified. 3. Conditional Use Permit 87- 1e on ftle in the department of community development/planning is hereby approved subject to attached conditions.