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HomeMy WebLinkAboutRes No 1107PLANNING COMMISSION RESOLUTION N0. 1107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, PARCEL MAP FOR CONDOMINIUM PURPOSES, AND VARIANCE TO LANDSCAPING REQUIREMENTS FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PALM DESERT DRIVE, APPROXIMATELY 210 FEET EAST OF PANORAMA DRIVE. CASE NOS. PP 85-41, PM 21342, AND VAR 85-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of January, 1986, hold a duly noticed public hearing to consider the request of DEEP CANYON BUILDING PARTNERS for approval of a negative declaration of environmental impact, a precise plan of design, parcel map for condominium purposes, and variance to landscaping requirements to allow a 12,700 square foot partial two story office condominium building on .8 acres in the C-1, S.P. zone located on the south side of Palm Desert Drive (Highway 111), approximately 210 feet east of Panorama Drive, more particularly described as: APN 625-121-011 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values 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. 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 granting approval of said parcel map: 1. That the proposed map is consistent with applicable general and specific plans. PLANNING COMMISSION RESOLUTION N0. 1107 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the parcel map or the type of improvements is not likely to cause serious public health problems. 7. That the design of the parcel map or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed parcel map. 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 the granting of said variance: 1. There are practical difficulties or unnecessary physical hardships inconsistent with the objectives of this ordinance that would result if the variance is not granted. 2. There are exceptional or extraordinary circumstances or conditions that apply to the property that do not apply generally to other properties in the same zone. 3. The strict or literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. 4. The granting of this variance would not be detrimental to the public health, safety, and welfare of properties and improvements in the vicinity. 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 Precise Plan 85-40 and VAR 85-3 is hereby granted for reasons subject to the attached exhibit `A'. 2 PLANNING COMMISSION RESOLUTION NO. 1107 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of January, 1986, by the following vote, to wit: AYES: DOWNS, ERWOOD, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: RICHARDS BUFORD CRITES, Chairman RAMON A. DIAZ, Secreta /tm PLANNING COMMISSION RESOLUTION NO. 1107 EXHIBIT 'A' CONDITIONS OF APPROVAL CASE NO. PP 85-41 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 2. Construction of the total development shall be done in one phase. 3. Construction of a portion of said project shall commence within two years from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void, and of no effect whatsoever. 4. 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. 5. 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: Palm Desert Architectural Commission Coachella Valley Water District Riverside County Department of Health City Fire Marshal 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. 6. Landscaped setback as proposed and existing wall adjacent to rear property line are approved. 7. Landscaping adjacent to rear property line shall be designed In concert with existing landscaping to provide screening of parking lot. 8. Number of compact spaces shall not exceed that permitted by code. 9. Parking lot area shall be screened from the street by a short wall and/or landscape hedge. 4 PLANNING COMMISSION RESOLUTION N0. 1107 10. Street trees in sidewalk shall be provided; location, size and tree species to be determined during architectural review process. 11. Parking lot lighting system shall be designed to comply with municipal code requirements with light standards to be maximum 20 feet high and provided with shields towards the rear. Lights to be down -shining box type light. Plans, specifications, computer lighting print-out to be approved by city during architectural review process. Department of Public Works: 1. Drainage fees, as required by city ordinance, shall be paid prior to recordation of the final map or building permit issuance. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 5. improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the department of public works prior to the project final. 6. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The engineer shall submit "as -built" plans submitted to the department of public works prior to the project final. 7. Landscaping maintenance on Palm Desert Drive shall be provided by the property owner. 8. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 9. installation of curb and gutter, matching paving and sidewalk on Palm Desert Drive. 10. Waiver of access to Palm Desert Drive, except at approved locations, shall be granted on the final map. 5 PLANNING COMMISSION RESOLUTION N0. 1107 1l. Close unused driveways with full height curb and gutter. 12. Installation of sewers to serve this project. 13. Size, number and location of driveways to public works specifications with only one driveway approach to be allowed to serve this property. Fire Marshal: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic 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. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. c. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and two 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 approved by the water company, with the following certification: "1 certify that the design of the water system in Case Nos. PP 85-41 and PM 21342 are 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. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. All buildings 5000 square feet and over require a fire sprinkler system. 6 PLANNING COMMISSION RESOLUTION N0. 1107 EXHIBIT 'B' CONDITIONS OF APPROVAL Case No. PM 21342 Department of Community Development: 1. Parcel Map 21342 is granted for the land as described in the attachments hereto, and as shown on exhibits on file with the department of community development and the requirements herein. 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 this map. 3. Pursuant to municipal code requirements, tentative parcel map shall be recorded within two years from date of approval, unless an extension of time is granted, otherwise said approval shall become null, void, and of no effect whatsoever. 4. Approval allows offices to be sold as condominiums. Department of Public Works: 1. Drainage fees, as required by city ordinance, shall be paid prior to recordation of the final map or building permit issuance. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 5. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the department of public works prior to the project final. 6. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The engineer shall submit "as -built" plans submitted to the department of public works prior to the project final. 7 PLANNING COMMISSION RESOLUTION NO. 1107 7. Landscaping maintenance on Palm Desert Drive shall be provided by the property owner. .r/ 8. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 9. Installation of curb and gutter, matching paving and sidewalk on Palm Desert Drive. 10. Waiver of access to Palm Desert Drive, except at approved locations, shall be granted on the final map. 11. Close unused driveways with full height curb and gutter. 12. Installation of sewers to serve this project. 13. Size, number and location of driveways to public works specifications with only one driveway approach to be allowed to serve this property. 14. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 15. Complete parcel map shall be submitted as required by ordinance to the city engineer for checking and approval and be recorded before issuance of certificate of occupancy by the building department. Fire Marshal: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic 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. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 8 PLANNING COMMISSION RESOLUTION NO. 1107 c. hydrants shall not be located closer than 25 feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and two 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 approved by the water company, with the following certification: "I certify that the design of the water system in Case Nos. PP 85-41 and PM 21342 are 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. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. All buildings 5000 square feet and over require a fire sprinkler system. 9