HomeMy WebLinkAboutRes No 1489PLANNING COMMISSION RESOLUTION NO. 1489
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO CITY COUNCIL APPROVAL OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL
PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN
OF DESIGN AND FRONT SETBACK VARIANCE FOR A 7200
SQUARE FOOT OFFICE BUILDING AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND ACACIA DRIVE.
CASE NOS. GPA 90-4, CZ 90-14 AMENDED, PP 90-28 and VAR
90-8
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 15th day of January, 1991, hold a duly
noticed public hearing to consider a request by PEGGY AMES for
approval of a Negative Declaration of Environmental Impact, General
Plan Amendment, Change of Zone, Precise Plan of design and front
setback variance for a 7200 square foot office building at the
southeast corner of Fred Waring Drive and Acacia 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 of Environmental Impact 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 General Plan Amendment and Change of Zone as amended
will be consistent with the overall goal of the
professional office designation and 0.P. zone for the
Fred Waring area as setforth in the Palma Village
Specific Plan and represents a more appropriate land use
then the current single family residential designations.
2. With the exception of the requested variance, the precise
plan is consistent with the requirements of the 0.P. zone
and the intent of the Palma Village Specific Plan and
General Plan.
3. The 28 foot parkway and narrow 95 foot lot depth are
exceptional circumstances which do not exist generally
within the 0.P. zone.
4. The strict and literal interpretation of the setback
standard would result in the building being sited closer
to the adjacent residential zone and therefore in
PLANNING COMMISSION RESOLUTION NO. 1489
conflict with the overall intent of the 0.P. setback
standards.
5. The existence of the 28 foot parkway allows the project
to achieve a 31 foot landscaped setback from curbline
which exceeds the landscape setbacks for similar projects
elsewhere in the 0.P. zone.
6. The granting of precise plan and variance will therefore
not be detrimental 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.
2. That a Negative Declaration of Environmental Impact
Exhibit "A", GPA 90-4, CZ 90-14 amended Exhibit "B", PP
90-28, and VAR 90-8 on file in the department of
community development/planning are hereby recommended for
approval to city council.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 15th day of January, 1991,
by the following vote, to wit:
AYES: ERWOOD, JONATHAN, RICHARDS, WHITLOCK
NOES: NONE
ABSENT: DOWNS
ABSTAIN: NONE
RAMON A. DIAZ,
PD/tm
CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1489
CONDITIONS OF APPROVAL
CASE NO. PP 90-28
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. 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
Palm Desert Water & Services District
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.
4.- Access to trash/service areas shall be placed so as not to
conflict with parking areas. Said placement shall be approved
by applicable trash company and department of community
development and shall include provision for recycling.
5. Project is subject to Art in Public Places fee per Ordinance
No. 473.
6. Final landscape plans shall comply with parking lot tree
planting master plan.
7. 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. 1489
8. A six foot block wall shall be constructed on the rear
property line.
9. Project shall be subject to city housing mitigation fees.
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. A Transportation Uniform Mitigation Fee, Office Building
Classification, shall be paid prior to the issuance of any
building permits associated with this project.
4. 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 minimum size foot wide sidewalk on Acacia
Drive and any other improvements as may be required by the
director of public works.
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 Fred Waring Drive and Acacia Drive
shall be the responsibility of the property owner.
8. Landscaping improvement plans shall be reviewed and approved
by the department of public works, landscape coordinator,
prior to installation of any landscape improvements.
9. 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
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PLANNING COMMISSION RESOLUTION NO. 1489
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.
10. 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.
11. 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.
12. Pad elevations of the proposed structures are subject to
review and modification in accordance with Chapter 27 of the
Palm Desert Municipal Code.
13. 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.
14. If the applicant files for a waiver of parcel map for parcel
consolidation, provisions for the payoff or reapportionment
any existing city assessments associated with the subject
properties shall be required as part of that process.
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: 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. 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.
3. 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.
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PLANNING COMMISSION RESOLUTION NO. 1489
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. The required
fire flow shall be available from any adjacent hydrant(s) in
the system.
5. Provide written certification from the appropriate water
company having jurisdiction 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. 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.
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 r^
be signed by the local water company with the follow -
certification: "I certify that the design of the water sys
is in accordance with the requirements prescribed by tLL,
Riverside County Fire Department."
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. Comply with Title 19 of the California Administrative Code in
all AEI occupancies.
9. Install a complete fire sprinkler system per NFPA 13R. 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. This applies to all
buildings with 5000 square feet or more building area as
measured by the building footprint, including overhangs which
are sprinklered per NFPA 13. The building area of additional
floors is added in for cumulative total. Exempted are one and
two family dwellings.
10. Install a fire alarm (waterflow) as required by the Uniform
Building Code, 3803 for sprinkler system. Install tamper
alarms on all supply and control valves for sprinkler systems.
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PLANNING COMMISSION RESOLUTION NO. 1489
11. Certain designated areas will be required to be maintained as
fire lanes and shall be clearly marked by painting and/or
signs approved by the fire marshal.
12. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum requirement is UL central
station monitoring of sprinkler system per NFPA 71 and 72.
Alarm plans are required for all UL central station monitored
systems, systems where any interior devices are required or
used. (U.F.C. 14-103(a))
13. Install portable fire extinguishers per NFPA, Pamphlet #10,
but not less than 2A10BC in rating. Fire extinguishers must
not be over 75' walking distance. In addition to the above,
a 40BC fire extinguisher is required for commercial kitchens.
14. Install a hood/duct automatic fire extinguishing system. If
operating a commercial kitchen including, but not limited to,
deep fryers, grills, charbroilers or other appliances which
produce grease laden vapors or smoke. NFPA 96, 17, 17a.
15. Install a dust collecting system as per the Uniform Building
Code, Section 910a and Uniform Fire Code Section 76.102, if
conducting an operation that produces airborne particles. A
carpenter or woodworking shop is considered one of several
industrial processes requiring dust collection.
16. 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. City standards may be more restrictive.
17. 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
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PLANNING COMMISSION RESOLUTION NO. 1489
shall also be approved by the fire department. Minimum
opening width shall be 16' with a minimum vertical clearance
of 13'6". One "F" frequency transmitter shall be provided to
fire marshal for each gate installed.
18. Contact the fire department for a final inspection prior to
occupancy.
19. 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 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. Typically this applies to educational, day care,
institutional, health care, etc.
20. Commercial buildings shall have illuminated addresses of a
size approved by the city.
21. All fire sprin systems, fixed fire suppression systems and
alarm plans mu:.::. be subm tted separately for approval prior
to construction. Subccr,cractors should contact the fire
marshal's office for submittal requirements.
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PLANNING COMMISSION RESOLUTION NO. 1489
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California _Administrative Code.
NEGATIVE DECLARATION
CASE NOS: PP 90-28 and VAR 90-8
APPLICANT/PROJECT SPONSOR:
Ms. Peggy Ames
82-500 Highway 111, #3
Indio, CA 92201
PROJECT DESCRIPTION/LOCATION: 7200 square foot office building at
the southeast corner of Fred Waring Drive and Acacia.
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.
A.W1kbie;4 0f-45 - 9/
RAMON A. DIAZ I J DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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CITY OF PALM DESERT Case No.GPA90-4PLANNING COMMISSI1
CZ90-14 RESOLUTION NO. 1489
-K p [17 13 Date January 15 . 1991