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Home My WebLink AboutRes No 1393PLANNING QM''USSION RESOLUTION NO. 1393 A RESOLUTION OF THE PLANNING CCNMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 16,892 SQ. FT. OFFICE BUILDING WITH PARKING IN AN R-3 ZONE AND NEGATIVE DECLARATION NORTH OF FRED WARING DRIVE BETWEEN ACACIA AND MONTEREY AVENUE. CASE N0. CUP 89-7 WHEREAS, the Planning Ccmnission of the City of Palm Desert, California, did on the 7th day of November, 1989, hold a duly noticed public hearing to consider the request of request by OLIPHANT, LIZZA AND ASSOCIATES for project described above; 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 corrmunity development has determined that the project will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguunents, if any, of all interested persons cinsiring to be heard, said planning oammission did find the following facts and reason to exist to justify the granting of said conditional use permit: 1. The proposed use is consistent with the intent and purpose of the R-3 zone, the O.P. zone, the Palma Village Specific Plan and the Palm Desert General Plan. 2. The project's design provides a compatible transition between the residential uses to the north and the office uses to the south and west and will, therefore, not depreciate or unreasonably interfere with the use or enjoyment of property in the vicinity. 3. The project will not endanger 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; 2. That approval of Conditional use permit is hereby granted for reasons subject to the attached conditions. 3. Conditional Use Permit 89-7 on file in the department of community development/planning is hereby approved subject to attached conditio- ns. PLANNING Q;NMISSION RESOLUITION NO. 1393 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Carnission, held on this 7th day of November, 1989, by the following vote, to wit: AYES: DOWNS, ERWOOD, JONATHAN, AND RICHARDS NOES: NONE ABSENT: WHITLOCK ABSTAIN: NONE ATTEST: RAMON A. DIAZ, Sec PJ/db PLANNIM CalilLSSICN RESOLUPION NO. 1393 OCICITICNS OF APPROVAL CASE NO. CUP 89-7 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. 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. 3. 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 whatsoev- er. 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 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. Project shall be annexed to appropriate undergrounding assessment district. 6. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 7. Six foot decorative wall required along north property line. 8. Projects shall pay school impact mitigation fees as arranged with the Desert Sands Unified School District. 9. Project shall be subject to Arts in Public Places Ordinance 473. 3 PLANNING Ca IISSION RESOLUTION NO. 1393 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 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. 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 two 24 foot minimum width drive approaches, installation of a minimum six foot wide sidewalk on Acacia Drive, widening of both Monterey Avenue and Fred Waring Drive to the satisfaction of the Director of Public Works and any other improvements as may be required by the Director of Public Works. 4. Applicant shall dedicate sufficient right-of-way to provide for the widening of Monterey Avenue and Fred Waring Drive. 5. 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. 6. 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. 7. Landscaping maintenance on Acacia Drive, Monterey Avenue and Fred Waring Drive shall be the responsibility of the property owner. 8. As required under Section 12.16 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. 9. 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. 4 PLANNING CCNMISSICN RESOL TPICN NO. 1393 10. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachm- ent permits by the Department of Public Works. 11. Pad elevations of the proposed structure are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. 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 a grading permit. 13. Grading permit issuance shall be subject to a waiver of parcel map for parcel consolidation/lot line adjustment first being approved and recorded. City 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 Cbde, Sec. 10.301C. 2. A fire flow of 3000 gpm for a 3 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. tar 3. A combination of on -site and off -site Super fire hydrants (6" x 4" x 2-1/2" x 2-1/2") will be required, located not less than 25' or more than 150' from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any 2 adjacent hydrant(s) in the system. 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. 5. Prior to the application for a building the original copies of the water system for review. No building permit shall plan has been approved by the County original will be returned. One copy inspecting authority. permit the developer shall furnish plan to the County Fire Department be issued until the water system Fire Chief. Upon approval the will be sent to the responsible 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 5 PLANNING COMMIISSION RESOLUTION NJ. 1393 system is in accordance with the requirements prescribed by the Riverside County Fire Department." 6. Install a ccmplete 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. 7. Install a fire alarm (waterflow) as required by the Uniform Building Code 3803 for sprinkler systems. 8. Install tamper alarm on supply valve for sprinkler systems - must also ring water flow alarm. SYSTEM MUST BE MONITORED. 9. Certain designated areas will be required to be maintained as fire lanes. 10. Install panic hardware and exit signs as per Chapter 33, Sections of the Uniform Building Code. 11. Contact the Fire Department for a final inspection prior to occupancy. PJ/db 6