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HomeMy WebLinkAboutRes 94-110 and Ord 763 CZ 94-2 PP 94-5 at 42575 Washington Street Resolution No. 94-110 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II . REQUEST: Approval of a Negative Declaration of Environmental Impact, a precise plan, and a change of zone from R-3 2000 (multi-family) to PC-2 (district commercial) to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/ retail building at 42-575 Washington Street. III . APPLICANT: Drs . Frank and Janet Kerrigan 40-100 Washington Street Bermuda Dunes, CA 92201 IV. CASE NOS : C/Z 94-2, PP 94-5 V. DATE: October 13, 1994 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 94-110 and Ordinance No. 763 D. Planning Commission Minutes involving C/Z 94-2 , PP 94-5 E . Planning Commission Resolution No. 1662 F. Planning Commission Staff Report dated September 20, 1994 G. Related maps and/or exhibits . A. STAFF RECOMMENDATION: 1 . Waive further reading and adopt Resolution No. 94-110 approving PP 94-2 subject to conditions . 2 . Waiver further reading and pass Ordinance No. 763 to second reading. CITY COUNCIL ACTION: APPROVED -� DENIED RECEIVED OTHER B. DISCUSSION: MEETING DATE 'c) 1 . ADJACENT ZONING AND LAND IA MS: • c NOES: North: PC-2/Don O' s reAr; South: R-3 2 , 000/apartm8St."aIU: East: R-3 2 ,000/apartM fttFIED BY: /C PT West: R-3 2 , 000/singl@rfgmiiiy on File wi City Clerk's Of , CITY COUNCIL STAFF REPORT C/Z 94-2, PP 94-5 OCTOBER 13, 1994 2 . PROJECT DESCRIPTION: a. Change of Zone The change of zone from R-3 2, 000 to PC-2 will allow the applicant to operate up to 1800 square feet of retail use in the proposed two story building. The proposed PC-2 zoning is consistent with the zoning of the property to the north (Don O' s restaurant) . b. Precise Plan The project consists of a 5745 square foot one story office building located at the rear of the property and a 2567 square foot two story office/retail building fronting Washington Street. Access to the site will consist of a single ingress/egress point off Dudley Drive. The project received preliminary approval for architecture and landscaping at the July 26, 1994 architectural review commission meeting. c. Development Standards for the R-3 2,000 and PC-2 Zones Project PC-2 Zone R-3 2, 000 Zone Site size 34 ,678 sq. ft. * 5 acres 10,000 sq. ft. Building area 8, 302 sq. ft. --- --- Building height 24 feet 30 feet 24 feet Building coverage 24% 50% 50% Building setbacks : * Front 15 feet 32 feet 15 feet Rear 10 feet 20 feet 10 feet Sides : street 12 feet 32 feet 10 feet interior 8 feet 20 feet 8 feet *Exceptions to standards discussed below in analysis . C. ANALYSIS : The project design generally meets the intent of the PC-2 zone. The two exceptions noted in the standards may be granted under provisions of the PC-2 zone. 2 CITY COUNCIL STAFF REPORT C/Z 94-2, PP 94-5 OCTOBER 13, 1994 1 . For purposes of the site size requirement, this project can be considered as a part of the Lucky' s center to the north. 2 . The project was developed with R-3 standards to ensure compatibility with the surrounding uses . Granting an exception to the site setbacks would be consistent with the city' s goals for this portion of Washington Street. Prepared by: Reviewed and Approved by. JW/tm 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20, 1994 Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1661, approving PP 94-4 , subject to conditions . Carried 4-0-1 (Commissioner Fernandez abstained) . B. Continued Case Nos . C/Z 94-2 and PP 94-5 (Formerly CUP 94-11/VAR 94-1) - DRS. FRANK AND JANET KERRIGAN, Applicants Request for approval of a negative declaration of environmental impact, change of zone and precise plan to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/retail building in the R-3 zone at 42-575 Washington Street. Mr. Diaz indicated that this case was continued to allow staff to re-advertise for a change of zone and precise plan instead of a conditional use permit and variance. He noted that no letters had been received in opposition. He stated that the project met all the requirements except for site size and building setbacks and those were discussed in the analysis . He explained that exceptions were allowed under city provisions . Staff felt that the project should proceed and that planning commission should recommend approval to city council of the zone change from residential to commercial . Commissioner Jonathan asked for clarification on the number of parking spaces being required. Mr. Diaz stated that in terms of office and retail uses, more were at four parking spaces per 1000 . For PC-2 zoning (retail commercial) the requirement was five parking spaces per 1000 and the entire area was five per 1000 . Commissioner Jonathan asked for clarification on the setbacks . Mr. Diaz stated that staff could look at it and the applicant could also address the issue. Commissioner Jonathan questioned if the setbacks were consistent with the Lucky center satellite pads . Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20, 1994 MR. CHRIS MCFADDEN, 73-929 Larrea in Palm Desert, informed commission that the setbacks met the city' s requirements . Commissioner Whitlock asked the applicant about the number of parking spaces being provided. Mr. McFadden stated that the parking met the requirement for the mixed uses . He noted there would be 5794 square feet of general office use and 2568 square feet of office retail use--they were providing 39 parking spaces including two handicapped spaces . Commissioner Jonathan asked for and received clarification that 39 parking spaces was the requirement and 39 spaces were being provided. Commissioner Jonathan asked why the reduction in setbacks was needed. Mr. McFadden stated that with the original zoning they would be within the requirements under the conditional use provisions . Staff and the city attorney recommended that a change of zone be done. He stated that this project was in compliance with site approval . He noted that they could have applied for approval under the county before annexation, but they chose to process it in the city and he complied with more provisions under the original zoning, but city staff felt this would be a simpler process . Mr. Diaz stated that under the PC zoning requirements, as part of the zone change application these recommendations could be waived or modified with the precise plan. The project could be considered to be part of the Lucky' s center for the five acre requirements for development in the R-3 standards . He indicated that the applicant was correct--they could have gone through the county for approval . Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one. Chairperson Spiegel closed the public testimony. Commissioner Jonathan expressed concern with the setbacks for the two story buildings . Mr. Diaz explained that the setback was 15 feet from the street and the project design was 30 feet from the curb. There was about a 15 foot parkway area. Commissioner Whitlock asked if the additional 15 feet was the greenbelt area shown on the plan. Mr. Diaz concurred. Commissioner Jonathan thanked staff for the clarification. Chairperson Spiegel felt it would have been beneficial for the commission to see a plan of the whole Lucky' s center. Mr Diaz concurred and said for future developments it would be 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 20, 1994 provided. Commissioner Whitlock noted that Don O' s was an existing hotel that is two stories and 150 feet from single story elements . Action: Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 5-0 . Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1662, recommending approval of C/Z 94-2 and PP 94-5 to city council . Carried 5-0 . COMMISSION CALLED A FIVE MINUTE RECESS AT 7 :24 P.M. THE MEETING RECONVENED AT 7 : 32 P.M. C. Continued Case No. 4341 SA - B-Y-J PARTNERS for BURGER KING, Applicant Request for approval of an exception to Section 25 . 68 . 310(A) of the zoning ordinance to allow an additional freestanding sign at 73-547 Highway 111 (Jensen' s shopping center) . Mr. Diaz explained that the request was for a ground-mounted directional sign for Burger King. The architectural commission looked at the sign design and approved it. The matter before the commission was if the sign should be permitted. Staff was recommending approval because of the unusual entrance and exit into the Jensen' s center. The matter before commission was the issue of whether or not the additional ground-mounted sign should be given. He said that technically speaking because there was a variance involved in the request, commission could also look at the entire sign and its design. If there were concerns about it, that could be referred back to the architectural commission for comment or conditioned. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MR. RICHARD AGIN, 18103 Kingsport Drive in Malibu, and MR. TOM YEAGER, a resident of Palm Desert, came forward. Mr. Agin said the question was asked why they needed this directional sign and he felt that traveling east on Highway 111, there was a building and landscaping that 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 D. Ahmanson Commercial Development Agreement - MADISON REALTY PARTNERSHIP/SUNRISE COMPANY, Applicants Request for approval of a Negative Declaration of Environmental Impact and an amendment to an approved Development Agreement Ordinance No. 590 increasing the maximum floor area of a proposed retail commercial center from 167 ,000 square feet to 200, 000 square feet on Site Area No. 5, a 10 . 3 acre parcel on the south side of El Paseo between San Pablo Avenue and Larkspur Lane. Mr. Diaz noted that a continuance was being requested. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing the Ahmanson Commercial Development Agreement to October 4, 1994 by minute motion. Carried 3-0 . E. Case Nos . CUP 94-11 and VAR 94-1 - DRS . FRANK AND JANET KERRIGAN, Applicants Request for approval of a conditional use permit, a height variance and a development agreement to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/retail building in the R-3 zone at 42-575 Washington Street. Mr. Diaz noted that a continuance was being requested. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing CUP 94-11 and VAR 94-1 to September 20 to allow the case to be re-advertised as C/Z 94-2 and PP 94-5 by minute motion. Carried 3-0 . 17 PLANNING COMMISSION RESOLUTION NO. 1662 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN, AND A CHANGE OF ZONE FROM R-3 2 , 000 (MULTIFAMILY) TO PC-2 (DISTRICT COMMERCIAL) TO ALLOW CONSTRUCTION OF A 5745 SQUARE FOOT ONE STORY OFFICE BUILDING AND A 2567 SQUARE FOOT TWO STORY OFFICE/ RETAIL BUILDING AT 42-575 WASHINGTON STREET. CASE NOS . C/Z 94-2 AND PP 94-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of September, 1994 , hold a duly noticed public hearing to consider the request of DRS . FRANK AND JANET KERRIGAN for approval of the above mentioned 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. 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 of Environmental Impact 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 recommending approval of said zone change and precise plan: 1 . The land use resulting from the change of zone would be compatible with adjacent proposed land uses . 2 . The design of the proposed project is compatible with the existing and proposed ro uses in the vicinity. osed land 3 . The proposed change of zone would be compatible with the p g adopted Palm Desert General Plan. 4 . The design of the precise plan will not substantially depreciate property values , nor be materially injurious to properties or improvements in the vicinity. with the use unreaso nably interfere i 5 . The precise plan will not or enjoyment of property in the vicinity by the occupants thereof for lawful purposes . 6 . The precise plan will not endanger the public peace, health, safety or general welfare . PLANNING COMMISSION iu.SOLUTION NO. 1662 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 approval of Change of Zone 94-2 and Precise Plan 94-5 is hereby recommended to city council, subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of September, 1994 , by the following vote, to wit: AYES : BEATY, FERNANDEZ , JONATHAN, WHITLOCK, SPIEGEL NOES : NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, Chairperson p//9 ATTEST: `20 RAM N A. DIAZ , Sitc ry Palm Desert PlanniCommission 2 PLANNING COMMISSION RESOLUTION NO. 1662 CONDITIONS OF APPROVAL CASE NOS. C/Z 94-2 AND PP 94-5 Department of Community Development: 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 : 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 . Access to trash/service areas shall be placed so as not to conflict with parking areas . Said placement shall be approved by applicable trash company and department of community development. 6 . All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7 . A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8 . All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal . 3 PLANNING COMMISSION KESOLUTION NO. 1662 9 . Project is subject to Art in Public Places fee per Ordinance No. 473 . Department of Public Works : 1 . Drainage fees , in accordance with Section 26 . 49 of the Palm DEat 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 . Transportation Uniform Mitigation Fees (T.U.M.F. ) in accordance p g with City of Palm Desert ordinances shall be paid prior to the issuance of building permits . 4 . 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 . 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 . Landscaping maintenance on Washington Street and Dudley Drive shall be the responsibility of the property owner. 7 . 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 . 8 . 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 . 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 construction 6 full height curb and gutter and asphalt pavement to match, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approach all in accordance with appropriate city standards . "As-built" plans 4 PLANNING COMMISSION RESOLUTION NO. 1662 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 . 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. 12 . Size, number and location of driveways shall be to the specifications of the Department of Public Works with one driveway approach permitted to serve this property. 13 . Building pad elevations for the proposed project are subject t o review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized fire protection standards : 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 . 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. 3 . Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily, 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. 4 . 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 150 ' from any portion of the building(s) as measured along 5 PLANNING COMMISSION RESOLUTION NO. 1662 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 inspection by the fire department prior to request for final inspection. 6 . 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. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000 . " 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 such as a fully fire sprinklered building. 8 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990 , for all occupancies . 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. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13 . The building area of additional floors is added in for a cumulative total . Exempted are one and two family dwellings . 10 . Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems . 11 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal . 6 PLANNING COMMISSION RESOLUTION NO. 1662 12 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 13 . 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. 14 . Contact the fire department for a final inspection prior to occupancy. 15 . 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 educational , day care, institutional , health care, etc . 16 . Commercial buildings shall have illuminated addresses of a size approved by the city. 17 . 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 submittal requirements . 18 . Conditions subject to change with adoption of new codes , ordinances, laws , or when building permits are not obtained within twelve months . Department of Building & Safety: 1 . All new and existing (northern property line) overhead electrical distribution lines, telephones , cable antenna television and similar service wires or cables , which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25 . 56 . 110 . The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25 . 56 . 130 . 7 PLANNING COMMISSION RESOLUTION NO. 1662 EXHIBIT A Pursuant to Title 14 , Division 6 , Article 7 , Section 15083 , of the California Administrative Code. NEGATIVE DECLARATION CASE NOS : C/Z 94-2 and PP 94-5 APPLICANT/PROJECT SPONSOR: Drs . Frank and Janet Kerrigan 40-100 Washington Street Bermuda Dunes , CA 92201 PROJECT DESCRIPTION/LOCATION: A 5745 square foot one story office building and a 2567 square foot two story office/retail building at 42- 575 Washington Street . 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. RAM NS�,, E•r September 20 , 1994 A fDI Z Q � DATE DIRECTOR OF COMMUN DEVELOPMENT 8 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 20, 1994 CASE NOS: C/Z 94-2, PP 94-5 REQUEST: Approval of a negative declaration of environmental impact, a precise plan, and a change of zone from R-3 2,000 (multifamily) to PC-2 (district commercial) to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/ retail building at 42-575 Washington Street. APPLICANT: Drs . Frank and Janet Kerrigan 40-100 Washington Street Bermuda Dunes, CA 92201 I . BACKGROUND: A. ADJACENT ZONING AND LAND USE : North: PC-2/Don O' s restaurant South: R-3 2,000/apartments East: R-3 2 , 000/apartments West: R-3 2,000/single family B. PROJECT DESCRIPTION: 1 . Change of Zone The change of zone from R-3 2 ,000 to PC-2 will allow the applicant to operate up to 1800 square feet of retail use in the proposed two story building. The proposed PC-2 zoning is consistent with the zoning of the property to the north (Don O' s restaurant) . 2 . Precise Plan The project consists of a 5745 square foot one story office building located at the rear of the property and a 2567 square foot two story office/retail building fronting Washington Street. Access to the site will consist of a single ingress/egress point off Dudley Drive. The project received preliminary approval for architecture and landscaping at the July 26 , 1994 architectural review commission meeting. STAFF REPORT C/Z 94-2, PP 94-5 SEPTEMBER 20, 1994 3 . Development Standards for the R-3 2 , 000 and PC-2 Zones Project PC-2 Zone R-3 2, 000 Zone Site size 34 ,678 sq. ft. * 5 acres 10,000 sq. ft. Building area 8, 302 sq. ft. --- --- Building height 24 feet 30 feet 24 feet Building coverage 24% 50% Building setbacks : * Front 15 feet 32 feet 15 feet Rear 10 feet 20 feet 10 feet Sides : street 12 feet 32 feet 10 feet interior 8 feet 20 fe et 8 feet *Exceptions to standards discussed below in analysis . II . ANALYSIS: The project design generally meets the intent of the PC-2 zone. The two exceptions noted in the standards may be granted under provisions of the PC-2 zone. 1 . For purposes of the site size requirement, this project can be considered as a part of the Lucky' s center to the north. 2 . The project was developed with R-3 standards to ensure compatibility with the surrounding uses . Granting an exception to the site setbacks would be consistent with the city' s goals for this portion of Washington Street. III . RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. _ recommending to the city council approval of C/Z 94-2 and PP 94-5, subject to conditions . IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Correspondence D. Plans and exhibits lr Prepared by �1� A Reviewed and Approved by 1vL_ JW/tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN, AND A CHANGE OF ZONE FROM R-3 2 , 000 (MULTIFAMILY) TO PC-2 (DISTRICT COMMERCIAL) TO ALLOW CONSTRUCTION OF A 5745 SQUARE FOOT ONE STORY OFFICE BUILDING AND A 2567 SQUARE FOOT TWO STORY OFFICE/ RETAIL BUILDING AT 42-575 WASHINGTON STREET. CASE NOS . C/Z 94-2 AND PP 94-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of September, 1994 , hold a duly noticed public hearing to consider the request of DRS . FRANK AND JANET KERRIGAN for approval of the above mentioned 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 . 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 of Environmental Impact 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 recommending approval of said zone change and precise plan: 1 . The land use resulting from the change of zone would be compatible with adjacent proposed land uses . 2 . The design of the proposed project is compatible with the existing and proposed land uses in the vicinity. 3 . The proposed change of zone would be compatible with the adopted Palm Desert General Plan. 4 . The design of the precise plan will not substantially depreciate property values , nor be materially injurious to properties or improvements in the vicinity. 5 . The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes . 6 . The precise plan will not endanger the public peace, health, safety or general welfare . PLANNING COMMISSION RESOLUTION 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 approval of Change of Zone 94-2 and Precise Plan 94-5 is hereby recommended to city council, subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular eeting of the Palm Desert Planning Commission, held on thisday of 1994 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Chairman ATTEST: RAMON A. DIAZ , Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS . C/Z 94-2 AND PP 94-5 Department of Community Development: 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 : 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 . Access to trash/service areas shall be placed so as not to conflict with parking areas . Said placement shall be approved by applicable trash company and department of community development . 6 . All future occupants of the buildings shall comply with parking requirements of the zoning ordinance . 7 . A detailed parking lot and building lighting plan shall be submitted to staff for approval , subject to applicable lighting standards , plan to be prepared by a qualified lighting engineer. 8 . All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal . 3 PLANNING COMMISSION RESOLUTION NO. 9 . Project is subject to Art in Public Places fee per Ordinance No. 473. Department of Public Works : 1 . Drainage fees, in accordance with Section 26 .49 of the Palm Dot 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 . Transportation Uniform Mitigation Fees (T.U.M.F. ) in accordance with City of Palm Desert ordinances shall be paid prior to the issuance of building permits . 4 . 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 . 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 . Landscaping maintenance on Washington Street and Dudley Drive shall be the responsibility of the property owner. 7 . 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. 8 . 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 . 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 construction 6 full height curb and gutter and asphalt pavement to match, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approach all in accordance with appropriate city standards . "As-built" plans 4 PLANNING COMMISSION RESOLUTION NO. 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 . In accordance with Palm Desert Municipal Code Chapter 27 , complete grading plans and specifications shall be submitted to the Direct or of Publ ic Works for checking and approval prior to the issuance of any permits associated with this project. 12 . Size, number and location of driveways shall be to the specifications of the Department of Public Works with one driveway approach permitted to serve this property. 13 . Building pad elevations for the proposed project are subject t o review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized fire protection standards : 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 . 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. 3 . Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily, 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. 4 . 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 150 ' from any portion of the building( s) as measured along 5 PLANNING COMMISSION RESOLUTION NO. 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 inspection by the fire department prior to request for final inspection. 6 . 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 I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000 . " 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 such as a fully fire sprinklered building. 8 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies . 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. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13 . The building area of additional floors is added in for a cumulative total . Exempted are one and two family dwellings . 10 . Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems . 11 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal . 6 PLANNING COMMISSION RESOLUTION NO. 12 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 13. 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. 14 . Contact the fire department for a final inspection prior to occupancy. 15 . 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 educational, day care, institutional, health care, etc . 16 . Commercial buildings shall have illuminated addresses of a size approved by the city. 17 . 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 submittal requirements . 18 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months . 7 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Pursuant to Title 14 , Division 6 , Article 7 , Section 15083, of the California Administrative Code . NEGATIVE DECLARATION CASE NOS : C/Z 94-2 and PP 94-5 APPLICANT/PROJECT SPONSOR: Drs . Frank and Janet Kerrigan 40-100 Washington Street Bermuda Dunes, CA 92201 PROJECT DESCRIPTION/LOCATION: A 5745 square foot one story office building and a 2567 square foot two story office/retail building at 42- 575 Washington Street . 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 8 _41 ►t. ©m 9 @ Nbu1J Des nEsr 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. PP 94-5 AND C/Z 94-2 (Project previously noticed as CUP 94-11, VAR 94-1) NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by DRS. FRANK AND JANET KERRIGAN for approval of a precise plan, change of zone from R-3 (multifamily) to PC-2 (district commercial) to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/retail building at 42-575 Washington Street. I I I / •OODHAVEN ON SOUTH — —--� II II I 420d AVENUE R-3 2,000 YICMIIIM DAM P - d PC-2 o.s. AWNS(OF tot ITITIS CALIIOOMIA_ �IUI SITE s Etam 2,000 1 _ Q OIINIMI It Q 0 0 R-1 9,000 c CC_r SAID public hearing will be held on Tuesday, September 20, 1994, 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 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 7, 1994 Palm Desert Planning Commission