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HomeMy WebLinkAboutCZ 96-2 Addendum to PP 95-8 PMW 95-23 Fred Waring from San Pascual CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of approval of a change of zone from R-3 S .O. to O.P. (office professional ) , a precise plan of design, Negative Declaration of Environmental Impact, and parcel map waiver for a proposed 31 , 180 square foot two story office building to be located on the south side of Fred Waring Drive, extending west from San Pascual Avenue a distance of 430 feet, also known as APN 627-101-011 , 012 , 013 , 014 and 015 . Change of zone request applies only to east and west most lots of the five lots . III . APPLICANT: Narendra Patel, AIA Dr. Suresh Shah 69-730 Highway 111 , Suite 118 73-345 Highway 111 Rancho Mirage, CA 92270 Palm Desert, CA 92260 IV. CASE NOS : C/Z 96-2 and addendum to PP 95-8 and PMW 95-23 V. DATE: June 13 , 1996 VI . CONTENTS : A. Staff Recommendation B. Discussion C . Draft Resolution No. 96-38 and Ordinance No. 807 D. Planning Commission Minutes involving Case Nos . C/Z 96-2 and addendum to PP 95-8 and PMW 95-23 E . Planning Commission Resolution No. 1741 F. Planning Commission Staff Report dated May 7 , 1996 G. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and pass Case No . C/Z 96-2 , Ordinance No . 807 , to second reading. Waive further reading and adopt Resolution No. 96-38 approving addendum to Case Nos . PP 95-8 and PMW 95-23 . STAFF REPORT C/Z 96-2 AND ADDENDUM TO PP 95-8, PMW 95-23 JUNE 13, 1996 B. DISCUSSION: This matter was before city council as a three lot proposal for a 16 , 768 square foot building on December 14 , 1995 . The request was approved at that time and the zone change for the three lots completed at the next meeting. In March 1996 Dr. Shah presented this revised proposal which included a total of five lots and 31, 180 square foot building. The requested change of zone on the two additional lots is consistent with the general plan land use designation. One of the additional lots is the corner lot at the southwest corner of Fred Waring Drive and San Pascual which has four existing residential units and the masonry wall along Fred Waring Drive. The wall and the units will be removed as a part of this proposal if it is approved. At the Planning Commission hearing on May 7 , 1996 Mr. Craig Yount of Carmel Circle spoke and expressed concern that this two story building would impair his view of the mountains . The remainder of Mr. Yount ' s comments are contained on page 26 of the Planning Commission minutes of May 7 , 1996 (attached) . After extensive discussion, including comments on Mr. Yount ' s concerns , the Planning Commission recommended approval of the requested change of zone and the revised larger building on a 4-0 vote with Commissioner Ferguson absent . The revised building plans were before the Architectural Review Commission at its May 14 , 1996 meeting and were granted preliminary approval . Prepared by: r-Lt Steve Smith - Reviewed and Approved by: O:1> Phil Drell , O:i' 171;�L RO1rED ✓ DENIED /tm rcr - IVED OTHER ` "'r:NIG DATE - - - MEETING DATE 4‘,/ :1,! : — -Fvor: ❑ CONTIrvUED d PAIN: -.-. _ RIFIEU BY: piI PASSED TC M READIWG iginal on File t:i h City Clerk's Ot.r-, ORDINANCE NO. 807 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107 , THE PALM DESERT ZONING MAP BY CHANGING O.P .THE ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO (OFFICE PROFESSIONAL) . CASE NO. C/Z 96-2 -The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1 : That a portion of Ordinance No. 107 referencing Section 25 . 46 . 1 of the Zoning Ordinance, the Zoning Map (Chapter 35 . 46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A. " SECTION 2 : That a Negative Declaration of Environmental Impact, Exhibit "B" attached, is hereby certified. SECTION 3 : The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty ( 30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27th day of June , 1996 , by the following vote, to wit: AYES : BENSON, KELLY, SPIEGEL, SNYDER NOES : NONE ABSENT: CRITES ABSTAIN: NONE ig WALTER 6 SNYDER, Mayor ATTEST: Thc SHEILA R(. ILLIGAN, City C1`erk City of Pam Desert, California ORDINANCE NO. 807 EXHIBIT B Pursuant to Title 14 , Division 6 , Article 6 (commencing with section 15070 ) of the California Code of Regulations . NEGATIVE DECLARATION CASE NO: C/Z 96-2 APPLICANT/PROJECT SPONSOR: Narendra Patel, AIA Dr. Suresh Shah 69-730 Highway 111, Suite 118 73-345 Highway 111 Rancho Mirage, CA 92270 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A change of zone from R-3 (multifamily residential) to O.P . (office professional) on the south side of Fred Waring Drive west of San Pascual . 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. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 • RESOLUTION NO. 96-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN OF DESIGN FOR A 31, 180 SQUARE FOOT PROFESSIONAL OFFICE BUILDING AND LOT CONSOLIDATION OF A 61 , 920 SQUARE FOOT SITE ON THE SOUTH SIDE OF FRED WARING DRIVE EXTENDING WEST FROM SAN PASCUAL A DISTANCE OF 430 FEET. ADDENDUM TO CASE NOS . PP 95-8 AND PMW 95-23 WHEREAS , the City Council of the City of Palm Desert, California, did on the 13th day of June, 1996 , hold a duly noticed public hearing to consider the request of DR. SURESH SHAH for approval of the above described project; 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 . 95-105 , " 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 , the Planning Commission has adopted its Resolution No. 1741 recommending approval of addendum to Precise Plan 95-8 and PMW 95- 23; 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 City Council did find the following facts and reasons to exist to justify its actions as described below: PRECISE PLAN 1 . The design of the precise plan will not substantially depreciate property values , nor be materially injurious to properties or improvements in the vicinity. 2 . The precise plan will not unreasonably interfere with the use or enjoyment of 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. PARCEL MAP WAIVER 1 . The property in question is presently made up of 3 separate parcels . In order to proceed with the project these lots must be consolidated into one single parcel which this map does . RESOLUTION NO. 96-38 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. 3 . That Addendum to Precise Plan 95-8 and PMW 95-23 on file in the department of community development/planning are hereby approved, subject to conditions (Exhibit "B" ) . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13 day of June , 1996 , by the following vote, to wit: AYES : BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES : NONE ABSENT: NONE ABSTAIN: NONE ),/, . /0.,WALTER H. SNYDER, "Mayo ATTEST: SHEILA R. GILLIGAM-City Clerk City of Palm Desex- , California 2 RESOLUTION NO. 96-38 EXHIBIT "A" Pursuant to Title 14 , Division 6 , Article 6 (commencing with section 15070 ) of the California Code of Regulations . NEGATIVE DECLARATION CASE NOS : Addendum to PP 95-8 and PMW 95-23 APPLICANT/PROJECT SPONSOR: Narendra Patel, AIA Dr. Suresh Shah 69-730 Highway 111, Suite 118 73-345 Highway 111 Rancho Mirage, CA 92270 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Addendum to a precise plan of design and parcel map waiver for a 31, 180 square foot professional office building and lot consolidation of a 61 , 920 square foot site extending west from San Pascual a distance of 430 feet. 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. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 RESOLUTION NO. 96-38 EXHIBIT "B" CONDITIONS OF APPROVAL ADDENDUM TO CASE NOS . PP 95-8 AND PMW 95-23 Department of Community Development/Planning: 1 . 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 . 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, if applicable: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department 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 . That the net leasable floor area in the building shall not exceed 26 , 503 square feet . 6 . All future occupants of the building shall comply with parking requirements of the ordinance; specifically medical offices shall be limited to a maximum total of 8 , 003 square feet of the total building. 4 • RESOLUTION NO. 96-38 7 . Trash and recycling provisions shall be approved by applicable trash company and city prior to issuance of building permit. 8 . That a six foot high masonry wall be provided along the south and west property lines . 9 . Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4 . 10 . 10 . Payment of low income housing mitigation fee per applicable ordinance. Department of Public Works : 1 . Drainage fees , in accordance with Section 26 . 49 of the Palm Desert Municipal Code and Ordinance No. 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 . Full public improvements, as required by Sections 26 . 40 and 26 . 44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards . 4 . 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. 5 . Landscaping maintenance on Fred Waring Drive shall be the responsibility of the property owner. 6 . 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. 7 , 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 . 8 . 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. 5 RESOLUTION NO. 96-38 9 . 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 driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards . "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. 10 . As required under Section 12 . 16 and 26 . 44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district ' s recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to" the estimated construction costs for the subject undergrounding. 11 . Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches permitted to serve this property. Access shall be limited to right turn ingress/egress only. 12 . Grading permit issuance shall be subject to the waiver of parcel map for parcel consolidation first being approved and recorded. As part of the waiver of parcel map process , the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties . 13 . Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at time of building permit issuance . 6 RESOLUTION NO. 96-38 Riverside County Fire Department: 1 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site . 2 . Provide, or show there exists , a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structures . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 3 . The required fire flow shall be available from a Super hydrant(s ) ( 6"x 4"x 2-1/2" ) , located not less than 25 ' nor more than 150 ' from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. Fire hydrants will be required at each entrance off of Fred Waring, two hydrants . 4 . 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 for a field inspection by the fire department prior to scheduling for a final inspection. 5 . 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 civic engineer or 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. The system has been designed to provide a minimum flow of 3000 gallons per minute. " (Refer to min. flow requirement(s ) noted in item #2) . 6 . Comply with Title 24 of the California Code of Regulations , adopted January 1, 1990 , for all occupancies . 7 . Install a complete fire sprinkler system per NFPA 13 . The post indicator valve and fire department connection shall be located to 7 RESOLUTION NO. g6_38 the front of the building, not less than 25 ' from the building and within 50 ' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13 . The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings . 8 . Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s) . Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems . 9 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal . Painted fire lanes and/or signs shall be stenciled or posted every 30 ' with the following: No Parking Fire Lane - PDMC 15 . 16 . 090 . 10 . Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72 . Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec . 14 . 103 (a) ) . 11 . Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 12 . 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 roadway shall be 36 ' wide with parking 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. City standards may be more restrictive. 13 . Contact the fire department for a final inspection prior to occupancy. 8 RESOLUTION NO. g6_38 14 . This project may require licensing and or review by state agencies . Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal ( 818-960-6441 ) for an opinion and a classification of occupancy type. This information and a copy of the letter of intent should be submitted to the fire department so that proper requirements may be specified during the review process . Typically, this applies to, but is not limited to, educational , day care, institutional , health care type facilities . 15 . Commercial buildings shall have illuminated addresses of a size approved by the city. 16 . All fire sprinkler systems , fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal ' s office for submittal requirements . 17 . Conditions subject to change with adoption of new codes , ordinances , laws or when building permits are not obtained within 12 months . 9 • Fu M. 7s c C f F�Ste. q ;',1 1 �`R .: X -.'. y "' r w.,,i.,,,,,:,,,,,,,:,•;.,,:.,:...,,:,,,:,,,,, •:„.,,, •,,,,:i••••:,,...•,.,.... : -, f'..lam. A •,it {b.� Y f �' - r -f �R'. 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'z y.• . - 3;"y... yY ",� - "ky` ilt, , 7.__,:'-'7 '•M'',,,ir-+.it',-,,,,'': ..„ t ,, ':• y '�'' 1"• :''1', ' '_ y� ' i•,-,€` . '4-4 X ` ( - • Rom, � h`'J4 + ,,,% t -?�' �*�� ';.' dy Y' :F' 'r tC Y`-7, 4s�W. iY . Y,, 'y `°i �,�'. ^i',,.- Nam^ Y f r�..,., ' ':ate'.-st ';� .t-9M.�d'.' .�.r_.; i .. - .� >� _ ,Cl.'?s., s K 1.# .-;,..,wx &,.-iid- -�n+iY _� a.s __.3.sd. •�`$. eu.e.. ...4 ,a�' }. ..,..� RESOLUTION NO. 96-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN OF DESIGN FOR A 31 , 180 SQUARE FOOT PROFESSIONAL OFFICE BUILDING AND LOT CONSOLIDATION OF A 61 , 920 SQUARE FOOT SITE ON THE SOUTH SIDE OF FRED WARING DRIVE EXTENDING WEST FROM SAN PASCUAL A DISTANCE OF 430 FEET. ADDENDUM TO CASE NOS . PP 95-8 AND PMW 95-23 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of June, 1996 , hold a duly noticed public hearing to consider the request of DR. SURESH SHAH for approval of the above described project; 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. 95-105 , " 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, the Planning Commission has adopted its Resolution No . 1741 recommending approval of addendum to Precise Plan 95-8 and PMW 95- 23; 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 City Council did find the following facts and reasons to exist to justify its actions as described below: PRECISE PLAN 1 . The design of the precise plan will not substantially depreciate property values , nor be materially injurious to properties or improvements in the vicinity. 2 . The precise plan will not unreasonably interfere with the use or enjoyment of 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 . PARCEL MAP WAIVER 1 . The property in question is presently made up of 3 separate parcels . In order to proceed with the project these lots must be consolidated into one single parcel which this map does . RESOLUTION NO. 96-38 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. 3 . That Addendum to Precise Plan 95-8 and PMW 95-23 on file in the department of community development/planning are hereby approved, subject to conditions (Exhibit "B" ) . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 13 day of June , 1996 , by the following vote, to wit: AYES : BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES : NONE ABSENT: NONE ABSTAIN: NONE WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 96-38 EXHIBIT "A" Pursuant to Title 14 , Division 6 , Article 6 (commencing with section 15070) of the California Code of Regulations . NEGATIVE DECLARATION CASE NOS : Addendum to PP 95-8 and PMW 95-23 APPLICANT/PROJECT SPONSOR: Narendra Patel , AIA Dr. Suresh Shah 69-730 Highway 111 , Suite 118 73-345 Highway 111 Rancho Mirage, CA 92270 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Addendum to a precise plan of design and parcel map waiver for a 31 , 180 square foot professional office building and lot consolidation of a 61 , 920 square foot site extending west from San Pascual a distance of 430 feet . 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. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 RESOLUTION NO. 96-38 EXHIBIT "B" CONDITIONS OF APPROVAL ADDENDUM TO CASE NOS . PP 95-8 AND PMW 95-23 Department of Community Development/Planning: 1 . 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 . 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, if applicable: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department 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 . That the net leasable floor area in the building shall not exceed 26 , 503 square feet . 6 . All future occupants of the building shall comply with parking requirements of the ordinance; specifically medical offices shall be limited to a maximum total of 8 , 003 square feet of the total building. 4 RESOLUTION NO. 96-38 7 . Trash and recycling provisions shall be approved by applicable trash company and city prior to issuance of building permit . 8 . That a six foot high masonry wall be provided along the south and west property lines . 9 . Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4 . 10 . 10 . Payment of low income housing mitigation fee per applicable ordinance . Department of Public Works : 1 . Drainage fees , in accordance with Section 26 . 49 of the Palm Desert Municipal Code and Ordinance No. 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 . Full public improvements , as required by Sections 26 . 40 and 26 . 44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards . 4 . 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 . 5 . Landscaping maintenance on Fred Waring Drive shall be the responsibility of the property owner. 6 . 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 . 7 . 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 . 8 . 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 . 5 • RESOLUTION NO. 96-38 9 . 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 driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards . "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. 10 . As required under Section 12 . 16 and 26 . 44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district ' s recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 11 . Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches permitted to serve this property. Access shall be limited to right turn ingress/egress only. 12 . Grading permit issuance shall be subject to the waiver of parcel map for parcel consolidation first being approved and recorded. As part of the waiver of parcel map process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties . 13 . Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at time of building permit issuance. 6 RESOLUTION NO. 96-38 Riverside County Fire Department: 1 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site . 2 . Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structures . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure . 3 . The required fire flow shall be available from a Super hydrant( s) ( 6"x 4"x 2-1/2" ) , located not less than 25 ' nor more than 150 ' from commercial structure . Distances shall cover all portions of the building( s ) as measured along approved vehicular travel ways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. Fire hydrants will be required at each entrance off of Fred Waring, two hydrants . 4 . 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 for a field inspection by the fire department prior to scheduling for a final inspection. 5 . 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 civic engineer or 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. The system has been designed to provide a minimum flow of 3000 gallons per minute . " (Refer to min. flow requirement( s) noted in item #2 ) . 6 . Comply with Title 24 of the California Code of Regulations, adopted January 1 , 1990 , for all occupancies . 7 . Install a complete fire sprinkler system per NFPA 13 . The post indicator valve and fire department connection shall be located to 7 RESOLUTION NO. 96-38 the front of the building, not less than 25 ' from the building and within 50 ' of an approved Super hydrant . This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13 . The building area of additional floors is added in for a cumulative total square footage . Exempted are one and two family dwellings . 8 . Install a fire alarm (water flow) as required by the Uniform Building Code Sec . 3803 for the fire sprinkler system( s ) . Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems . 9 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal . Painted fire lanes and/or signs shall be stenciled or posted every 30 ' with the following: No Parking Fire Lane - PDMC 15 . 16 . 090 . 10 . Install a fire alarm as required by the California Building Code and/or California Fire Code . Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72 . Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec . 14 . 103 (a) ) . 11 . Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 12 . 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 roadway shall be 36 ' wide with parking 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. City standards may be more restrictive . 13 . Contact the fire department for a final inspection prior to occupancy. 8 RESOLUTION NO. y6 ;8 14 . This project may require licensing and or review by state agencies . Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal ( 818-960-6441) for an opinion and a classification of occupancy type . This information and a copy of the letter of intent should be submitted to the fire department so that proper requirements may be specified during the review process . Typically, this applies to, but is not limited to, educational, day care, institutional, health care type facilities . 15 . Commercial buildings shall have illuminated addresses of a size approved by the city. 16 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal ' s office for submittal requirements . 17 . Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months . 9 PLANNING COMMISSION RESOLUTION NO. 1741 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O. P . (OFFICE PROFESSIONAL) , PRECISE PLAN OF DESIGN FOR A 31, 180 SQUARE FOOT PROFESSIONAL OFFICE BUILDING ON THE SOUTH SIDE OF FRED WARING DRIVE WEST OF SAN PASCUAL. CASE NOS . C/Z 96-2 , AND ADDENDUM TO PP 95-8 AND PMW 95-23 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of May, 1996 , hold a duly noticed public hearing to consider the request of DR. SURESH SHAH for approval of a negative declaration of environmental impact, change of zone, and precise plan of design for a 31, 180 gross square foot office complex on the south side of Fred Waring Drive west of San Pascual; 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 . 95-105 , " 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 ye heard, said Planning Commission did rind the following facts and reasons to exist to justify its action. : CHANGE OF ZONE 1 . The proposed O.P. zone is consistent with the general plan land use designation. 2 . The proposed office use is compatible with other existing and future uses in the area. 3 . The proposed use will be compatible with high traffic volumes on Fred Waring Drive. 4 . The change of zone will be consistent with the zoning on the three interior lots . PRECISE PLAN 1 . The design of the precise plan will not substantially depreciate property values , nor be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 1741 2 . The precise plan will not unreasonably interfere with the use or enjoyment of 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. PARCEL MAP WAIVER 1 . The property in question is presently made up of five separate parcels . In order to proceed with the project these lots must be consolidated into one single parcel which this map does . 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 the Negative Declaration of Environmental Impact Exhibit "A" , C/Z 96-2 Exhibit "B" , revised PP 95-8 on file in the a- Department of Community Development, and PMW 95-23 are hereby recommended to City Council for approval, subject to attached conditions . PASSID, APPROVED and ADOPTED at a regular Meeting of the Palm Desert Planning Commission, held on this 7th day of May, 1996 , by the following vote, to wit: AYES : CAMPBELL, FERNANDEZ , JONATHAN, BEATY NOES : NONE ABSENT: FERGUSON ABSTAIN: NONE PAUL R. BEATY, Chairperson AT EST: -71)td! PHILIP RELL, Secretary Palm Des rt Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1741 EXHIBIT A Pursuant to Title 14 , Division 6 , Article 6 (commencing with section 15070 ) of the California Code of Regulations . NEGATIVE DECLARATION CASE NOS : C/Z 96-2 and Revised PP 95-8 and PMW 95-23 APPLICANT/PROJECT SPONSOR: Narendra Patel , AIA Dr. Suresh Shah 69-730 Highway 111, Suite 118 73-345 Highway 111 Rancho Mirage, CA 92270 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 31, 180 square foot office building on the south side of Fred Waring Drive between San Pablo Avenue and San Pascual Avenue. The Director of the Department of Community Development, City of Palm Desert, California _ :.as found that the described project wil] not have a significant eff^^t on the environment . A copy of the Imcial 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. pay 7 , 1996 PHILIP RELL DA DIRECTO OF COMMUNITY DEVELOPMENT 9 .e--- frj ! In, i ..[ lin7j1 1 igkLIT-j .> . 2 11 -. --- P ----`c / • iiit' ., , \ . ,-___4f e= 1__ 1 r Th\ =-I 0 z 4,, •i • : ...' --%- -. ......... 4 -\44, - -...---_-_-, 1-_-_' • .#A " 21.-.1 ' , 4 4 4 .....t__.at • -t = _i_ :i,"? \-.4_7"-n- -1 ie 14466-1..441:141ASCii--'-..0. 11010•__ ' TO BE REZONED II Mai ir, ais ow suiLs1[2:1) from R-3 to 0.P. jsitamrs 1, ar , ! 1! (.1 :7 :11111A1M1111111:11111111111/11 WARING DRIVE -• 1 2. :6141 111Mr.11111;1111111Ima a.P I I II :•••-•It1;6*.-6° 1 I 6 f4 1 " Is' R g . 1 i I ;111111111111311111 . 1 . murmur Enuoi, -., . .. 1 . lit • -' r-- 111;:4 R'A 5 I: 5, , ,- •-: . i . . 1, ,. S 4 Ow .-• - , 1 1 0 •0 1 i I . . .. JO- b 2fS ' " Y .. EN iv.._/-1 d , -4 - ' !I COM N1TY • : suioi. -• ,g, - . • • .. R42( }(7lli - CATAUNA MAY ', - ..1i . Al maim ge. II ( il FV111 1 nvi 21!'" taw w qv air Aim: si '13 f245,21 I I I ii ; • 3/ * At ,%4* Widir iiS NMI w 04/ Kuct- '-' . ..,._0,4 7 Av. igli 1, a - - .•:al lb 2. &1,Y Nib Ws Aftlir At. 4.4ibi/ at .1 cli a • '-- wir miff kap A 4101111 > 1BICAV. r, Irv. APPI-iii-z--t C41:0,,.111.1 41 pi5e1 II Ito i #fry..41.01.Oh .14Ir Aig. :gbh... 0 I MINI ti _ CITY OF PALM DESERT Case No. C/Z 96-2 PLANNING COMMISSION RESOLUTION NO_ ( Cr2 .gng © cpg 7© n © , _,, -Lf - ED) - I-- -I 3 Date MAY 7,1996 18.9 r- IZA\ _FL _ ED PLANNING COMMISSION RESOLUTION NO. 1741 CONDITIONS OF APPROVAL REVISED CASE NOS. PP 95-8 AND PMW 95-23 Department of Community Development/Planning: 1 . 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 . 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 , if applicable: Coachella Valley Water District Palm Desert Architectural Co .,mission City Fire Marshal Public Works Department 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 . That the net leasable floor area in the building shall not exceed 26 , 503 square feet. 6 . All future occupants of the building shall comply with parking requirements of the ordinance; specifically medical offices shall be limited to a maximum total of 8 , 003 square feet of the total building. 7 . Trash and recycling provisions shall be approved by applicable trash company and city prior to issuance of building permit. 3 PLANNING COMMISSION RESOLUTION NO. 1741 r 8 . That a six foot high masonry wall be provided along the south and west property lines . 9 . Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4 . 10. 10 . Payment of low income housing mitigation fee per applicable ordinance . Department of Public Works: 1 . Drainage fees , in accordance with Section 26 . 49 of the Palm Desert Municipal Code and Ordinance No . 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 . Full public improvements , Municipa required l Codeby shall Sections be26instal and led6 • in of the Palm Desert accordance with applicable city standards . 4 . 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 c ding permit. 5 . Landscaping maint'nance on Fred Waring Drive shall t the responsibility of the property owner. 6 . A complete preliminary soils investigation, conducted by a registered soils ofulic Works priortothe issuance n Pb shall be submittedo and uanceapproved the the Department grading permit. 7 . 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 . 8 . 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. 9 . 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 4 PLANNING COMMISSION RESOLUTION NO. 1741 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 driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards . "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. 10 . As required under Section 12 . 16 and 26 . 44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district' s recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 11 . Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches permitted to serve this property. Access shall be limited to right turn ingress/egress only. 12 . Grading permit issuance shall be subject to the waiver of parce._ map for parcel consol'eiation first being approved and recorded. As part of the waiver of parcel map process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties . 13 . Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at time of building permit issuance. Riverside County Fire Department: 1 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 2 . Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial 5 PLANNING COMMISSION RESOLUTION NO. 1741 structures . The actual fire flow available from any one hydrant t connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 3 . The required fire flow shall be available from a Super hydrant(s ) ( 6"x 4"x 2-1/2" ) , located not less than 25 ' nor more than 150 ' from commercial structure. Distances shall cover all portions of the building( s ) as measured along approved vehicular travel ways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type . Fire hydrants will be required at each entrance off of Fred Waring, two hydrants . 4 . 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 for a field inspection by the fire department prior to scheduling for a final inspection. 5 . 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 cor - m to fire hydrant types, location and )acing, and the system :hall meet the fire flow requirements . Plans shall be signed by a registered civic engineer or 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. The system has been designed to provide a minimum flow of 3000 gallons per minute. " (Refer to min. flow requirement(s) noted in item #2 ) . 6 . Comply with Title 24 of the California Code of Regulations , adopted January 1 , 1990 , for all occupancies . 7 . Install a complete fire sprinkler system per NFPA 13 . The post indicator valve and fire department connection shall be located to the front of the building, not less than 25 ' from the building and within 50 ' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13 . The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings . 6 PLANNING COMMISSION RESOLUTION NO. 1741 8 . Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system( s ) . Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems . 9 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal . Painted fire lanes and/or signs shall be stenciled or posted every 30 ' with the following: No Parking Fire Lane - PDMC 15 . 16 . 090 . 10 . Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72 . Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec . 14 . 103 (a) ) . 11 . Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance and/or 3000 square feet of floor area . In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 12 . All buildings shall be accessible by an all-weather roadway extending to wit'—.i 150 ' of all portions of the exterior wells of the first storl•. The roadway shall be not less than 24 ' of unobstructed w'dth and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking 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. City standards may be more restrictive. 13 . Contact the fire department for a final inspection prior to occupancy. 14 . This project may require licensing and or review by state agencies . Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal ( 818-960-6441) for an opinion and a classification of occupancy type. This information and a copy of the letter of intent should be submitted to the fire department so that proper requirements may be specified during the review process . Typically, this applies to, 7 PLANNING COMMISSION RESOLUTION NO. 1741 but is not limited to, educational , day care, institutional, health care type facilities . 15 . Commercial buildings shall have illuminated addresses of a size approved by the city. 16 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal ' s office for submittal requirements . 17 . Conditions subject to change with adoption of new codes , ordinances , laws or when building permits are not obtained within 12 months . 8 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 at 44-311 Monterey Avenue in the O.P. zone. Mr. Drell noted that this was a remodel and addition of an old building in a professional office zone . It was in conjunction with a building the commission approved at the last meeting. It met all the goals of development for Monterey. It was consistent with the rear parking area, the architecture was compatible, and staff recommended approval . Chairperson Beaty opened the public hearing and asked the applicant to address the commission. MR. WESLEY OLIPHANT, 77-900 Avenue of the States , stated that it was nice to have a project where there was agreement with the neighbors and everyone was happy to see an improvement. He agreed with all of the conditions and he was present to answer any questions . Chairperson Beaty asked if anyone wished to addressed the commission in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Chairperson Beaty asked for commission comments or a motion. Action: Moved by Commissioner Campbell , seconded by Commissioner Fernandez , approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Campbell , seconded by Commissioner Fernandez , adopting Planning Commission Resolution No . 1740 , approving PP 96-4 , subject to conditions . Carried 4-0 . D. Case Nos . C/Z 96-2 and Addendum to PP 95-8 and PMW 95-23 - DR. SURESH SHAH/NARENDRA PATEL, Applicants Request for approval of a Negative Declaration of Environmental Impact, change of zone from R-3 (multifamily residential) to O.P . (office professional ) , revised precise plan of design for a 31 , 180 square foot two story office building and parcel map waiver to consolidate five ( 5) lots on the south side of Fred Waring Drive, west of San Pascual Avenue. Mr. Smith noted that the plans were on display and indicated that in November the commission looked at a proposal from Dr. Shah that encompassed the three interior lots . At that point they were looking at a 16 , 700 square foot two story building. The matter went to council in December where it was approved. In March of this year the city received a request to expand 23 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 on that approval, so the commission was now reviewing a zone change on two more lots and a revision to the building plan that was approved in November. Essentially the architecture was similar to the earlier proposal . The building was stretched. Formerly both accesses were on Fred Waring Drive. The proposal now was to have one access from Fred Waring with a two-way driveway through to San Pascual Avenue . There was a short dead-end parking situation serving 17 parking spaces at the east end of the site . When the matter was before Architectural Review, the site plan did not look like this . It had pushed the building back and brought in a row of parking across the front . The architectural commission was not prepared to go anywhere with a site plan in that situation. The applicant submitted the revised plan. The revised plans have not been before architectural review, but staff was reasonably comfortable that this was the direction they wanted the applicant to proceed in. The developments to the west of this new five lot configuration are the apartment units across there. This took in that whole section of land and afforded the opportunity of removing the apartment units on the lot at the corner at San Pascual . They were accomplishing several goals from the Palma Village Plan. The site plan provided for 114 parking spaces and the ordinance requires 114 . Assuming a gross building area of 26 , 503 square feet in that there was considerable non-leasable area, the ordinance permitted them to delete from the total so they were looking at general office use limited to 18 , 500 square feet, which was calculated at four spaces per 1 , 000 , and medical offices to a total of 8 , 003 square feet which brought the total requirement to 114 parking spaces . The zone change is consistent with the General Plan Land Use Designation for the area. Staff felt the architecture was of a high quality and would compliment the Civic Center area. The applicant has filed a parcel map to consolidate the lots which would be necessary to achieve this goal . Condition 5 of the draft resolution limited medical offices to a maximum of 8, 003 square feet . Staff recommended approval of the zone change for the additional two lots and the addendum to the precise plan for the expanded plan. Commissioner Jonathan asked for clarification as to allowing a certain amount of parking in one application to be designated for office use at a rate of 4/1 , 000 for one portion and another portion as medical at 5/1 , 000 . Mr. Smith explained that there was a requirement for medical offices in excess of 2 , 200 square feet to be parked at the rate of 5/1 , 000 . It wouldn' t apply to the whole building in that there were blends of uses everywhere . Where it was reasonable to distinguish between the two, staff did ( i . e . a furniture store and a restaurant) . If there was a myriad of uses , it became more difficult to administer and staff looked 24 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 at a broader category. Nothing in the ordinance precludes staff from doing this . Commissioner Jonathan asked how staff could monitor compliance . Mr. Smith replied through business licenses . A tenant has to bring a Certificate of Conformance to staff when completing a business license. On it they were required to indicate the area they were leasing and the number of employees they were anticipating, as well as the type of use . Commissioner Campbell asked if there would be a change to the intersection at Fred Waring and San Pascual after this building would be built . Mr. Gaugush stated that they didn ' t anticipate any changes . Commissioner Campbell asked if a customer leaving the project wanted to go west, if they would still have to go down to Portola and make a U-turn. Mr. Gaugush stated that was correct. He said that there could also be an additional movement by exiting onto Fred Waring and making a U-turn at San Pascual . Mr. Smith noted that it was a permitted movement at this time . Chairperson Beaty opened the public hearing and asked the applicant to address the commission. MR. NARENDRA PATEL, the architect for the project, stated that this would be a substantial improvement to the vacant property and he took into consideration the General Plan, the general use, and the architecture for the Civic Center and designed this building to be complimentary and consistent with the building across from them. At the same time it would improve the surrounding property and the existing vacant area in addition to removing the deteriorating building that exists now at the corner of San Pascual and Fred Waring Drive. Combining all five lots together and making this one project would be a great improvement to the city. He asked for any questions . Commissioner Jonathan asked for confirmation that Mr . Patel understood that by providing 114 parking spaces , he would be limited to medical use to 8 , 003 square feet . Mr. Patel stated that he understood that it would be approved on a case by case basis . Every time there was a tenant that moved in they would come in for approval . Mr. Drell clarified that the limit was up to 8, 003 square feet. If he wanted more than 8, 003 square feet he would have to come back to Planning Commission to get the condition changed. Mr. Patel stated that he understood. Chairperson Beaty asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . 25 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 MR. CRAIG YOUNT, a resident at 43-885 Carmel Circle, stated that he lived in the corner house pointing directly at the project . He felt that this project would take his view of the mountains away and he was concerned about not reconstructing Fred Waring at San Pablo . He felt it was a dangerous intersection already. There have been many accidents , people turn when they are not supposed to turn and the speed on Fred Waring was a problem. He was at that intersection three and four times a day. He personally had not seen the Palm Desert plan, but wanted to know if this area was going to be the downtown area soon. He felt the city was encroaching into his residential area with this downtown area. He was sure his property value would be going down. He felt the Civic Center park, City Hall and Sheriff ' s building was really nice, soft on the eyes and designed very well . He stated that he was a plastering contractor for Plaster Direct Centers so he was all for new construction, but he worried about his city and spends his money in this city and he was concerned about the area . If the city was changing this zone to office spaces , he worried about what would happen right behind him, across the street from him, and on down. That was the future and he was concerned about that . He was trying to get a look at the building to see if it was soft enough. He said he looks at plans every day and he estimated three great big projects like this in the last month in the Coachella Valley, so there must be a need for them. He was concerned about the need for a stop sign or some kind of thing there . He didn ' t feel it was looked into deep enough and suggested that staff go to the police station to find out how many accidents were happened there. He asked if this had to go to two stories and asked them to cut it down to one. He liked to sit on his back porch, he smoked his pipe and looked at the mountains and he felt this project would take that away from him. DR. SURESH SHAH, the developer of the project, stated that he heard the concerns expressed but wanted to bring it to the commission ' s attention that this property was already an R-3 designated area, so it was already approved for two story use . There were apartments west of this project that were two story. Also, there were apartments at the corner in a very run down condition and the city planning department encouraged him to acquire that area and demolish it to improve the site because the apartments were about 30 years old and they needed improvements or change, but nothing was done . He bought it at a very high price just to clean it up and to make the project bigger and make it a clean, nice 26 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 looking building for the whole area. He felt the concern about the two story should not be a major issue. They put the building in such a way that it was a very long, narrow building so that it didn ' t go in the back towards the residents on the Santa Rosa side. It was far away from the Santa Rosa people and it wouldn' t be an invasion of their privacy. The architecture was very nicely done and he felt the city would be proud of this building which would improve this site. Chairperson Beaty closed the public testimony and asked for commission comments or action. Commissioner Campbell stated that she was glad to see that Dr. Shah bought the apartments on the corner plus the other run-down home . The way the building would be constructed, he would not invade the privacy of the homeowners on Santa Rosa. Commissioner Jonathan said that in response to Mr. Yount ' s comments, Mr. Yount was in part of the Palma Village area and part of the Palm Village Specific Plan was to create a buffer zone as they go from major street to commercial to residential . There was a tremendous amount of sensitivity to the two story feature and one of those mitigating requirements was that there be no windows looking directly down from the second story to single family residences . Mr. Drell clarified that this project looked down at some apartments . The zoning behind it was for apartments and staff anticipated that they would be two story apartments . Commissioner Jonathan noted that the sensitivity there was to insure that privacy was maintained in homes such as Mr. Yount ' s . Mr. Drell noted that Mr. Yount ' s property was a block away on the north side of Fred Waring. Mr. Smith indicated that there was a single family home on the northeast corner lot at Fred Waring and San Pascual . He also pointed out that having the R-1 area, which Carmel Circle was , would limit development on the north side of Fred Waring to single story, and 18 feet maximum height. Assuming they get something in that range, with the distance another 150 feet to this building, it won' t be seen from the gentleman' s backyard. Commissioner Jonathan clarified that this was not developing into a downtown area . It was certainly an office professional corridor and it was intended to be that way because they didn' t want to put more single family homes on a street like Fred Waring, so there was some good forethought . He encouraged Mr. Yount to continue attending the meetings to let the commission know how he feels , but in this case he should not run into a problem. Commissioner Fernandez stated that he was in favor of the project and felt it would enhance Fred Waring. 27 MINUTES PALM DESERT PLANNING COMMISSION MAY 7 , 1996 Action: Moved by Commissioner Campbell , seconded by Commissioner Fernandez , approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Campbell , seconded by Commissioner Fernandez , adopting Planning Commission Resolution No. 1741 , recommending to city council approval of C/Z 96-2 and addendum to PP 95-8 and PMW 95-23, subject to conditions . Carried 4-0 . E. Case No. C/Z 96-3 - SANTA ROSA COUNTRY CLUB, INC. , Applicant Request for approval of the prezoning of part of Section 5, T5S R6E to city zoning Open Space (0. S . ) and a Negative Declaration of Environmental Impact as it pertains thereto for an 81+/- acre site located on the south side of Frank Sinatra Drive and west of Portola Avenue ( Santa Rosa Country Club) . Purpose of said prezoning is to facilitate annexation of site to the city. Mr. Smith explained that staff met with representatives of Santa Rosa Country Club and Mr. Johnson, et. al . , were present. They were very interested in annexing their country club into the city to remain as a golf course, hence they requested open space zoning. They could have had planned residential which would be consistent with the General Plan. They wanted to see their site remain a golf course so they were asking for open space . The matter will go through the city council . It has already been through the annexation committee and they directed staff to proceed. Following the council confirming the zoning it would then go to LAFCO and then come back to the city. He felt that maybe around Christmas time they would be able to say that Santa Rosa Country Club is in the city. Mr. Smith stated that the findings could be met and they were outlined in the staff report . Staff recommended approval . Chairperson Beaty opened the public hearing and asked if the applicants wished to address the commission. They declined. Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Beaty asked for commission comments or action. 28