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Home My WebLink AboutRes No 439PLANNING COMMISSION RESOLUTION NO. 439 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A PRE-SCHOOL AND APPROVING A RELATED DESIGN REVIEW CASE ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND CABRILLO AVENUE. CASE NOS. CUP 14-78 and 159MF WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission did on December 20, 1978, hold a duly noticed Public Hearing to consider an application from FRANK C. & H. FRANK OLIVER for a Conditional Use Permit to allow a 102 pupil pre-school and related Design Review on property located in the R-3(4) zone and situated at the northwest corner of Alessandro Drive and Cabrillo Avenue and more particularly described as: APN 625-082-022 APN 625-082-023 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project would not have a significant impact on the environment and the appeal period did expire; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desir- ing to be heard, said Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit: 1. That the proposed use is a valid conditional use permitted within the zoning district in which it is being sought. 2. That the proposed use as amended by conditions of approval will not adversely effect the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Commission in this case. 2. That the Conditional Use Permit CUP 14-78 is hereby granted to FRANK C. & H. FRANK OLIVER, for reasons subject to the attached conditions. 3. That it does hereby approve the Design Review Board action of December 12, 1978, in connection with Case No. 159MF, being subject to conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission held on this 20th day of December, 1978, by the following vote, to wit: AYES: Berkey, Fleshman, Kelly, Kryder, Snyder NOES: None ABSENT: None ABSTAIN: None j ..�' 1- f GLORIA KELLY, Chairman ATTEST: PAUL A. WILLIAMS, Secretary /ks PLANNING COMMISSION RESOLUTION NO. 439 Page Two CONDITIONS OF APPROVAL CASE NO. CUP 14-78 Standard Conditions: 1. The development of this project shall conform substantially to all plans submitted in behalf of these cases and as revised according to the Design Review Board process and/or Planning Commission action. Any minor changes require approval by the Director of Environmental Services. Any substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as a part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. Any and all overhead utility distribution lines shall be under - grounded pursuant to the provisions of the Palm Desert Municipal Code. 5. The conditions of the Design Review Board action of December 12, 1978, shall apply. 6. The use shall be subject to the payment of any required drainage and signalization fee as determined by the Director of Public Works. 7. All requirements of the City Fire Marshal shall be met as a part of the development of this project per attached letter dated November 29, 1978. 8. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All con- ditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 9. Traffic control provisions shall be provided as required by the Director of Public Works. 10. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 11. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the Time of issuance of a building permit for the use contemplated herewith. PLANNING COMMISSION RESOLUTION NO. 439 Page Three Special Conditions: 1. The trash enclosure area shall be relocated so that it will not require excessive backing by trash vehicles. 2. The size of parking stalls shall be a min. of 9 feet by 20 ft. with a max. of 2 ft. overhang• permitted into planter areas. 3. The site shall be completely enclosed by a 6 ft. high decorative masonry wall except for permitted driveway openings and within the corner cut -back area where it shall be placed behind the corner sight restriction line. 4. The number of students shall be limited to 102 and the number of employees on the site at any one time shall be limited to 9. 5. A Parcel Map shall be filed and approved by the City to combine both parcels involved in the CUP, into one parcel, prior to final occupancy being granted. 6. Full dedication and improvements shall be made to Alessandro Drive and Cabrillo Avenue including sidewalks and other such features as required by the Director of Public Works. 7. Applicant shall consider an alternative parking arrangement. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occu- pancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature) PLANNING COMMISSION RESOLUTION NO. 439 Page Four RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH rHE CALIFORNIA DEPARTMENT OF FORESTRY DAVID L. FLAKE COUNTY FIRE WARDEN November 29, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Dear Mr. Williams: 210 WEST SAN JAC!NTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 Re: Case No. CUP 14-78 Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yel- low, and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3 Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer, and ap- proved by the water company, with the following certification: "I certify that the design of the water system in Case Number C.U.P. 14-78 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, DAVID L. FLAKE RECEIVED Pire Chief DEC ].197P ENVIRONMENTAL SERVICES CITY OF PALM DESERT vld �t David J. 0rtegel Fire Marshal