HomeMy WebLinkAboutRes No 1469PLANNING COMMISSION RESOLUTION NO. 1469
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, PRECISE PLAN, ZERO
FRONT SETBACK VARIANCE AND PARCEL MAP IN
CONNECTION WITH A 9702 SQUARE FOOT CAR
CARE CENTER AT THE NORTHWEST CORNER OF
42ND AVENUE AND ECLECTIC STREET.
CASE NOS. PP 90-19, VAR 90-6, PM 26540
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 18th day of September, 1990, hold a duly noticed
public hearing to consider the request of JOE KRAVICH/OLIPHANT DESIGN
CONCEPTS for approval of a Negative Declaration of Environmental Impact,
precise plan, zero front setback variance and parcel map in connection
with a 9702 square foot car care center at the northwest corner of 42nd
Avenue and Eclectic Street; 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,
variance and parcel map:
Precise Plan:
1. The proposed use and design of the project is consistent with
the standard goals and objectives of the Service Industrial
zone and the Palm Desert General Plan.
2. The site plan and architectural design of the project is of
a high quality compatible with others existing and planned
projects in the vicinity.
3. The project will therefore not depreciate values, restrict the
lawful use of adjacent properties or threaten the public
health, safety or general welfare.
Variance:
1. The 18 foot wide parkway is an exceptional circumstance within
the S.I. zone.
PLANNING COMMISSION RESOLUTION NO. 1469
2. The strict or literal interpretation of the setback regulation
would result in a landscaped sideyard significantly wider than
is typical in the area.
3. The setback from curb line resulting from the granting of the
variance is consistent with the S.Z. zone's goal of providing
sufficient landscaped areas and an attractive streetscape.
4. Granting of the variance will not be detrimental to the public
health, safety, welfare or be materially injurious to
properties or improvements in the vicinity.
Parcel Map:
1. The parcel map is consistent with the City of Palm Desert
Subdivision Ordinance and State Map Act.
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 Precise Plan 90-19, VAR 90-6, and PM 26540 on file in
the department of community development/planning are hereby
approved, subject to attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 18th day of September, 1990,
by the following vote, to wit:
AYES: DOWNS, ERWOOD, JONATHAN, RICHARDS, AND WHITLOCK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1469
CONDITIONS OF APPROVAL
CASE NO. PP 90-19
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. Constructions 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.
3. 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.
4. Prior to issuance of a building permit for construction of any use
contemplated by the 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
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. Trash provisions including recycling shall be approved by
applicable trash company and city prior to issuance of building
permit.
6. Applicant shall pay school impact fees as arranged by the Desert
Sands Unified School District.
7. Project shall be subject to Art in Public Places fee per Ordinance
No. 473.
8. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
an agreement to maintain said landscaping for the life of the
project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors
and assigns.
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PLANNING COMMISSION RESOLUTION NO. 1469
9. Applicant shall emphasize drought resistent and water conserving
plant materials and irrigation technologies into landscape plan and
shall comply with City of Palm Desert Master Parking Lot Tree Plan.
10. Combination of walls and landscaping shall be used to screen
service bay from Eclectic Street.
11. All utilities shall be undergrounded.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to approval
of parcel map or issuance of any permits associated with this
project.
2. Full public improvements, as required by Sections 26.40 and 26.44
of the Palm Desert Municipal Code, shall be installed in accordance
with applicable city standards.
3. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement
plans and specifications shall be submitted to the Director of
Public Works for checking and approval before construction of any
improvements is commenced. 0ffsite 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.
4. 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.
5. Landscaping maintenance shall be the responsibility of the property
owner.
6. 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.
7. Any and all offsite improvements shall be preceded by the approval
of plans by the Director of Public Works and the issuance of valid
encroachment permits by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 1469
8. 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 the grading
permit.
9. Landscaping, walls and other site improvements within a 40-foot
"clear sight triangle" for all intersections shall be no higher
than three feet above top of curb elevation.
10. Complete parcel map shall be submitted to the Director of Public
Works for checking and approval prior to the issuance of any
permits associated with this project.
11. Waiver of access to all public streets except at approved locations
shall be granted on the parcel map.
12. Proposed building pad elevations are subject to review and
modification in accordance with Section 27 of the Palm Desert
Municipal Code.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above
referenced plan check the fire department recommends the following
fire protection measures be provided in accordance with City
Municipal Code, NFPA, UFC, and UBC and/or recognized Fire
Protection Standards.
2. Provide, or show there exists a water system capable of providing
a potential gallon per minute 1500 for single family, 2500 for
multifamily, and 3000 for commercial. The actual fire flow
available from any one hydrant connected to any given water main
shall be 1500 gpm for two hours duration at 20 psi residual
operating pressure.
3. A fire flow of 1500 gpm for a 1 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 200' single family, 165' multifamily, and 150' commercial 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 appropriate water company
having jurisdiction that hydrant(s) will be installed and will
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PLANNING COMMISSION RESOLUTION NO. 1469
produce the required fire flow, or arrange field inspection by the
fire department prior to request for final inspection.
6. 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 200' single family, 165' multifamily, and 150'
commercial from any portion of the building(s) as measured along
approved vehicular travelways. The required fire flow shall be
available from any adjacent hydrant(s) in the system.
7. 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.
8. Prior to the application for a building permit, the developer shall
furnish the original and two copies of the water system plan to the
county fire department for review. No building permit shall be
issued until the water system plan has been approved by the county
fire chief. Upon approval, the original will be returned. One
copy will be sent to the responsible inspecting authority.
P7- shall conform to fire hydrant types, location and spacing,
ar :he 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 system is in accordance with the
requirements prescribed by the Riverside County Fire Department."
9. Comply with Title 19 of the California Administrative Code,
depending on future occupancy use.
10. Install a complete 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.
11. Install a fire alarm (waterflow) as required by the Uniform
Building Code, 3803 for sprinkler system.
12. Install tamper alarm on supply valve for sprinkler systems.
13. Certain designated areas will be required to be maintained as fire
lanes.
14. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum central monitoring of sprinkler
system.
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PLANNING COMMISSION RESOLUTION NO. 1469
15. Install portable fire extinguishers per NFPA, Pamphlet #10, but not
less than 2A10BC in rating. Fire extinguishers must not be over
75' walking distance.
16. Install a Hood/Duct automatic fire extinguishing system.
Commercial cooking facilities.
17. Install a dust collecting system as per the Uniform Building Code,
Section 910a and Uniform Fire Code Section 76.102. For any future
dust producing industrial only, may not apply.
18. 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 not be 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). Fountains or garden
islands placed in the middle of these turn-arounds shall not exceed
a 5' radius or 10' diameter.
19. If gated, whenever access into private property is controlled
through use of gates, barriers, guard houses or similar means,
provision shall be made to facilitate access by emergency vehicles
in a manner approved by the fire department. All controlled access
devices that are power operated shall have a radio -controlled over-
ride system capable of opening the gate when activated by a special
transmitter located in emergency vehicles. Devices shall be
equipped with backup power facilities to operate in the event of
power failure. All controlled access devices that are not power
operated shall also be approved by the fire department. Minimum
opening width shall be 16' with a minimum vertical clearance of
13'6". Provide two "F" transmitters to fire marshal.
20. A dead-end single access over 500' in length may require a
secondary access, sprinklers, or other mitigative measure.
21. A second access is required. This can be accomplished by two main
access points from main roadway or an emergency gated access into
an adjoining development.
22. Contact the fire department for a final inspection prior to
occupancy.
23. This project may require licensing and/or review by State agencies.
Applicant should prepare a letter of intent detailing the proposed
usage to facilitate case review. Contact should be made with the
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PLANNING COMMISSION RESOLUTION NO. 1469
Office of the State Fire Marshal (818-960-6441) for an opinion and
a classification of occupancy type. This information and a copy
of the letter of intent should be submitted to the fire department
so that proper requirements may be specified during the review
process. Depending on future occupancy use.
Other:
24. Existing or proposed (2) hydrants may fulfill fire flow requirement
if they are super hydrants and flow no less than 1500 gpm each.
25. Access at both driveway entrances is too tight. Please adjust curb
radius and resubmit.
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PLANNING COMMISSION RESOLUTION NO. 1469
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NOS: PP 90-19, VAR 90-6, PM 26540
APPLICANT/PROJECT SPONSOR:
Joe Kravich/Oliphant Design Concepts
Box 522
Whitewater, CA 92282
PROJECT DESCRIPTION/LOCATION: A 9702 square foot car care center at the
northwest corner of 42nd Avenue and Eclectic Street.
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.
• September 18, 1990
RAM N A. DIAZ
DATE
DIRECTOR OF COMMUN Y DEVELOPMENT
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