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HomeMy WebLinkAboutRes No 1531PLANNING COMMISSION RESOLUTION NO. 1531 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT FROM HIGH DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL, CHANGE OF ZONE FROM R-3 TO O.P., A PRECISE PLAN FOR A 5400 SQUARE FOOT OFFICE BUILDING AND THE DENIAL OF A HEIGHT VARIANCE ON THE SOUTH SIDE OF FRED WARING DRIVE BETWEEN SAN PABLO AVENUE AND SAN PASCUAL AVENUE. CASE NOS. PP 91-8, VAR 91-2, GPA 91-2, C/Z 91-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of August, 1991, hold a duly noticed public hearing to consider the request of MICHAEL BUCCINO and CITY OF PALM DESERT for a Negative Declaration of Environmental Impact, General Plan amendment from high density residential to office professional, change of zone from R-3 to O.P., a precise plan for a 5400 square foot office building and the denial of a height variance on the south side of Fred Waring Drive between San Pablo Avenue and San Pascual Avenue; 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 General Plan amendment, change of zone, precise plan and denial of height variance: A. General Plan Amendment and Change of Zone: 1. The change from residential to offices is consistent with the intent of the Palma Village Specific Plan to promote high quality development on Fred Waring compatible with the uses on the north side of the street and the multifamily uses to the rear. 2. The 0.P. zoning designation will be consistent with the General Plan as amended. B. Precise Plan: 1. As conditioned the design of the precise plan is consistent with the goals and standards of the office professional zone, the Palma Village Specific Plan and General Plan. PLANNING COMMISSION RESOLUTION NO. 1531 2. The precise plan will not depreciate property values or restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. C. Variance: 1. There are no exceptional or extraordinary circumstances associated with the property to justify a variance from the 25 foot limit. 2. Adherence to the 25 foot height limit will not deprive the applicant of privileges enjoyed by others in the vicinity and zone. Historically the 25 foot limit has been strictly enforced. 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 91-2 Exhibit "B", C/Z 91-2 Exhibit "C", and Precise Plan on file in the community development/planning department is recommended to city council subject to conditions. VAR 91- 2 is recommended for denial. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of August, 1991, byI the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RAMON A. DIAZ PD/tm DOWNS, ERWOOD, JONATHAN, RICHARDS, WHITLOCK NONE NONE NONE ary CAROL WHITLOCK, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1531 CONDITIONS OF APPROVAL CASE NO. PP 91-8 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' .construet .on of any uses contemplated by this approval, the applicants sha.11 first complete all the procedural requirements of the city which include,, but are not limited to, architectural commission and building permit procedures. 3. 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. 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 inforce. 5. 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Water and Service 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. Parking area shall comply with city's adopted parking lot landscaping standards. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into 3 PLANNING COMMISSION RESOLUTION NO. 1531 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. 10. Applicant shall emphasize drought resistent and water conserving plant materials and. irrigation technologies into landscape plan., 11. Trash area sna:y_.1. provide for commercial recycling. Interior recycling eoi'.e Lion- fac:L.ties must also be provided. 12.' Building'. height ,-hall be limited to 25 feet in height per section 25.25.(:16 D. 13. Applicant shall :'L'ecorr", an irrevocable offer of reciprocal access with the: property uo the west. f. or purposes of providing future thrau-gh. 14. Project shall participate in Art in Public Places Program (Ordinance 473) either thro,._,gh incorporation of :city approved art piece or payment of a fee 15. Street address°hall be clearly visible on front =of building. 16. Windows on the south side shall be limited to six feet in height and above. Translucent glass below six feet may be allowed as approved ray cne 'arch cuc Lur`a1 review commission. Department of Public: Works: 1. Drainage fees, in accordance with Section 26 of the Palm Desert Municipal Code, shall be paid prior to issuance of any permits associated with this project. The specific fee shall be based upon the Master Drainage Plan for the City of Palm Desert prepared by NBS/Lowry as adopted by the Palm Desert City Council. 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. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is •evi.ewed and approved by the department of public works. Ant ditei d Li on of existing drainage patterns shall include grcvisibns for the continued conveyance of drainage waters gene r6 t E d toutherly of the project site. 4 PLANNING COMMISSION RESOLUTION NO. 1531 4. 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. 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, Such offsite improvements include, but not be limited to, eight foot wide concrete sidewalk and city standard drive approach. "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. Full public improvements, as required by Sections 26.20.and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 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 shall be the responsibility of the property owner. 8. As required by 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. 10. Any and all offsite improvements shall be preceded by the approval of plans by the director of public works and the issuance of a valid encroachment permit by the department of public works. 11. Any and all offsite improvements shall be preceded by the approval of plans by the director of public works and the issuance of a valid encroachment permit by the department of public works. 12. Any proposed building pad elevations shall be subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 5 PLANNING COMMISSION RESOLUTION NO. 1531 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'Standasds: 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 flow of 1500 gpm for two hours duration at 20 psi residual operating pressure. 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. A combination of on -site and off -site Super fire hydrants (6" x 4" x 2-1/2" x 2-1/2"), 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. 6. 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. 7. 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. 6 PLANNING COMMISSION RESOLUTION NO. 1531 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 system is in accordance with the requirements prescribed by the Riverside County Fire Department." "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000." 8. 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 such as a fully fire sprinklered building. 9. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 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. 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 a cumulative total. Exempted are one and two family dwellings. 11. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 12. 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. 13. 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)) 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC 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. 15. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of 7 PLANNING COMMISSION RESOLUTION NO. 1531 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. 16. contact the fire department for a final inspection prior to occupancy'. 17. Commercial buildings shall have illuminated addresses of a size approved by the city. 18. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal's office submittal requirements. OTHER: 1. Existing hydrants at site may fulfill hydrant -fire flow requirements if A) flow is 1500 gpm or better; B) building fully sprinklered per NFPA 13; C) hydrants are super as described in #6. 2. If driveway overhead clearance is less than 13'6" it must be clearly marked with true clearance height. 3. Conditions subject to change with new ordinances, codes or periods longer than one year. PD/tm 8 PLANNING COMMISSION RESOLUTION NO. 1531 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: PP 91-8, GPA 91-2, C/Z 91-2 APPLICANT/PROJECT SPONSOR: Michael Buccino 74-133 El Paseo, Suite 9 Palm Desert, CA 92260 City of Palm Desert (General Plan amendment and change of zone only) PROJECT DESCRIPTION/LOCATION: A 5400 square foot office building and on the south side of Fred Waring Drive between San Pablo Avenue and San Pascual Avenue. 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. �`y0,, TAugust 20, 1991 RAM N A. DIAZ 7 DATE DIRECTOR OF COMMUN 1 DEVELOPMENT PD/tm 9 Sr ♦ 'SHERIFF'S STATION c. -3ti 1 J .• F,F1ED OARING DR. l * 40.• . ___ .0 0 6 p 0 : " . ••,_ it:* 7 W a • > HIGH DENSITY RESIDENTIAL 1 WAY TO OFFICE PROFESSIONAL AVENUE WAY 0 -J 0 u • • ROSA CATALINA (.___1CITY OF PALM DESERT Case No. GPA 91 2PLANNING COMMISSIc RESOLUTION NO. 1532 � a£;F Date August 20, 1991 n Ei ©hang® oV M©rm© TD;EIL:j C • WAY r " -STATION • "- • • _ . • • F,F1ED .-WARING•DR; Lz; SANTA 0 CO o_ AVENUE <1 • A WAY 0 -J • S. asap, ROSA 4.4 CATALINA CITY OF PALM DESERT Case No. cz91-2 PLANNING COMMISSION RESOLUTION NO. 1531 Date August 20, 1991