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Home My WebLink AboutRes No 1317PLANNING OCM 1SSION RESOLUTION NO. 1317 A RESOLUTION OF THE PLANNING OMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN AND ZERO FRONT SETBACK VARIANCE FOR A 9,394 INDUSTRIAL BUILDING LOCATE) AT 74-849 JONI DRIVE. CASE NO. PP 88-16, VAR 88-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of October, 1988, hold a duly noticed public hearing to consider a request by URI KOHEN for approval of a negative declaration of environmental impact, precise plan and zero front setback variance for a 9,394 industrial building located at 74-849 Joni Drive; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have 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 and variance: 1. The proposed project is consistent with the intent and purpose of the service industrial zone and the Palm Desert General Plan. 2. The proposed building will not adversely impact or depreciate adjacent properties or be detrimental to public health, safety or general welfare. 3. Adherence to the 20 foot setback would restrict visibility of the proposed building since the adjacent building is built out to the property line. Also, the 20 foot setback would preclude the inclusion of the rear screened parking area. 4. The requested variance is an exceptional situation since it is for one of the last parcels in an existing industrial park developed under different standards. 5. The strict interpretation of the ordinance would deprive the owner of a setback which is enjoyed by a majority of existing projects developed in the vicinity. 6. The requested variance only impacts 38 feet of the 97.50 foot frontage. There will remain a 12 foot landscaped curb setback which will provide adequate aesthetic relief for the building. PLANNING COMMISSION RESOLUTION ND. 1317 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 a negative declaration of environmental impact Exhibit "A" and approval of Precise Plan 88-16 and VAR 88-2 on file in the department of community development/planning is hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Omission, held on this 18th day of October, 1988, by the following vote, to wit: AYES: DOWNS, LADLOW, WHITLOCK, AND ERWOOD NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE 2 / (i' i I/ , f -" . // //; RICHARD ERWOOD, Chairman PLANNING CCNMISSION RESOLUTION NO. 1317 CCCIDITICNS OF APPROVAL CASE NO. PP 88-16 Department of Cb munity 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. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension 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 stated 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert P.vperty Owner's Association 6. That prior to issuance of building permit the owner (developer) provide the city with evidence that he has paid the required school mitigation fee. 7. The roof hatch areas shall be equipped with steel hatches and inside locking devices to prevent forcible entry. 8. Applicant agrees to limit auto service uses to 33% of the building area. 9. Off-street parking spaces shall remain available for public use and shall not be converted to outdoor storage. 3 PLANNING CCNMISSION RESOLUTION NO. 1317 10. Applicant shall pay Fringe Toed Lizard mitigation fee of $330.00. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance No. 507, shall be paid prior to issuance of 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 grading permit. 3. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 4. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 5. Size, number and location of driveways to public works specifications with only one driveway approach to be allowed to serve this property. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the department of public works. 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 grading permit. Fire Marshal: : 1. The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 2. Provide or show there exists a water system capable of delivering 1500 gpn for a 2 hour duration of 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 3. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2"), located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. 4. 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. 4 PLANNING COMMISSION RESOLUTION NO. 1317 5. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Group III in Building A and Building B. The post indicator valve and fire department connection shall be located to the front, within 50' of an approved hydrant, and a minimum of 25 feet from the buildings). System plans must be submitted with a plan check/inspection fee to the fire department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 6. Install a supervised waterflow fire alarm system as required by the Uniform Building Code. 7. Install a dust collecting system as per the Uniform Building Code. 8. Install panic hardware & exit signs as per Chapter 33 of the Uniform Building Code. 9. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the fire department at the time building plans are submitted. /tm 5 PLANNING COMMISSION RESOLUTION NO. 017 7 Exhibit "A" Pursuant to ritle 14. Division 6. Article 1, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: PP 88-16 and VAR 88-2 APPLICANT/PROJECT SPONSOR: Uri Kohen 74-874 Joni Drive. #8 Palm Desert., GA 92260 PROJECT DESCRIPTION/LOCATION: A negative declaration of environmental impact, precise plan and front setback variance for a 9.394 square foot industrial building located at 14-849 Joni Drive. the Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. lctober 18 L 1988 RAMON A. DIA/_ (UATF DIRECTOR OF COMMUNITY DEVELOPMENT PD/tm