HomeMy WebLinkAboutRes No 1363PLANNING COMISSION RESOLUTION NO. 1363
A RESOLUTION OF THE PLANNING O'NMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
A PRECISE PLAN AND A SETBACK VARIANCE FOR A 2650
SQUARE FOOT OFFICE ON A 7280 SQUARE FOOT LOT ON
THE EAST SIDE OF MONTEREY AVENUE, 400 E'E;E;1' SOUTH
OF FRED WARING DRIVE.
CASE NOS. PP 89-13, VAR 89-2
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 20th day of June, 1989, hold a duly noticed public hearing to
consider a request by O. MICHAEL HCNME for approval of a negative declaration
of environmental impact, precise plan, and a setback variance for a 2650 square
foot office on a 7280 square foot lot on the east side of Monterey Avenue, 400
feet south of Fred Waring Drive; and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for ImpAementatioai of the California Environmental
Quality Act, Resolution No. 80-89," in that the director of ccxmiunity
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 65 foot lot depth in the area is unique within the 0.P. zone.
2. The strict application of the setback requirements preclude viable
development of the parcel and prevents implementation of the Palma
Village Specific Plan goal for attractive quality development on
Monterey.
3. The strict and literal interpretation of the 0.P. standards create an
unreasonable hardship by precluding logical development of the site.
4. Due to the nature of the overall design, the proposed project will
still achieve the goals of the 0.P. zone setbacks which are the
creation of an attractive streetscape, buildings compatible with
adjacent single family hones, and will not represent a threat to the
public health, safety or general welfare.
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.
PLANNING COMMISSION RESOLUTION NO. 1363
2. That a negative declaration of environmental impact Exhibit "A",
Precise Plan 89-13 and VAR 89-2 on file in the department of
community development/planning is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of July, 1989, by the following vote,
to wit:
AYES: DOWNS, RICHARDS, WHITLOCK, AND ERWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: JONATHAN
ATTEST:
taRAMON A. DIAZ, Seer to
SRS/tm
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RICHARD ERWOOD, Chairman
PLANNING CCiMUSSION RESOLUTION N3. 1363
CC DITIC[ZS OF APPROVAL
CASE N0S. PP 89-13, VAR 89-2
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. 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 Carmission
City Fire Marshal
Coachella Valley Water District
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. That the applicant provide a minimum 42 inch wide opening in the east wall
to allow pedestrian access from the residential area to Monterey.
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PLANNING COMIISSION RESOLUTION NO. 1363
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code, 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. Full public improvements, as required by Section 26.44 and 26.40 of the
Palm Desert Municipal Code, shall be installed in accordance with
applicable city standards. Subject improvements shall include, but not be
limited to, the installation of a minimum 24 foot wide drive approach,
installation of a dedicated deceleration lane for the project entrance and
other imprcaients as may be required by the director of public works.
4. 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. "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.
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 Monterey Avenue shall be the responsibility of
the property owner.
7. 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.
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. Any and all offsite improvements shall be preceded by the approval of
plans by the director of public works and the issuance of valid
encroacbi ent permits by the department of public works.
10. Pad elevations of the proposed structure are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal
Code.
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PLANNING CCMMISSION RESOLUTION ND. 1363
11. Prior to the approval of any plans or the issuance of any permits
associated with this proposal, applicant shall secure the vacation of the
existing San Nicholas Avenue street right-of-way, subject to the retention
of any and all public utility easements and provisions for pedestrian
access easements.
12. Applicant shall reconstruct the existing cul-de-sac an San Nicholas Avenue
incorporating continued vehicular access to the existing residential units
as well as continued pedestrian access to Monterey Avenue. Improvement
plans for the reconstruction shall be approved by the director of public
works prior to the issuance of any permits associated with this project.
Fire Marshal:
1. 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. Provide or show there exists a water system capable of providing a
potential fire flow of 1500 gpm and the actual fire flaw available from
any one hydrant connected to any given water main shall be 1500 gpm for 2
hours duration at 20 psi residual operating pressure.
3. A fire flow of 1500 gpm for a 2 hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on
the job site.
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 approved vehicular
travelways. Hydrants installed below 3000' elevation shall be of the "wet
barrel" type.
5. Provide written certification from the Palm Desert Community Services
Discs ict 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. Install portable fire extinguishers per NFPA Pamphlet #10, but not less
than 2A1OBC in rating.
7. 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).
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PLANNING CCNNIISSICN RESOLU ICN N0. 1363
8. Contact the fire department for a final inspection prior to occupancy.
9. All questions regarding the meaning of these conditions should be referred
to the fire department fire protection/inspection staff.
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PLANNI% OZMISSICN RFSOIITTICN M. 1363
EXHIBIT "A"
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California
Administrative Code.
DIVE DE L,ARATICN
CASE NOS: PP 89-13, VAR 89-2
APPLICANT/PROJECT SPONSOR: O. Michael Home
P.O. Box 258
Palm Desert, CA 92261
PROJECT D 'IZCN/LOCATICN: A 2650 square foot single story office building
on a 7280 square foot lot on the east side of Nbnterey Avenue, 400 feet south
of Fred Waring 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.
RAMON A. DIAZ DATE
DIRECTOR OF COMMUNITY PMMENT
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