HomeMy WebLinkAboutRes No 1544PLANNING COMMISSION RESOLUTION NO. 1544
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT AND VARIANCES TO THE SETBACK REQUIREMENTS
OF THE R-3 ZONE TO ALLOW CONSTRUCTION OF A 3055
SQUARE FOOT PROFESSIONAL OFFICE BUILDING LOCATED ON
THE NORTH SIDE OF ALESSANDRO DRIVE, 135 FEET WEST
OF SAN PASCUAL AVENUE.
CASE NO. CUP 91-14 AND VAR 91-5
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of November, 1991, hold a duly noticed
public hearing to consider the request of HOLDEN & JOHNSON ARCHITECTS
on behalf of ROM DE GUZMAN for approval of a conditional use permit and
variances to the setback requirements of the R-3 zone to allow
construction of a 3055 square foot professional office building located
on the north side of Alessandro Drive, 135 feet west of 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 is a class 3
categorical exemption for the purposes of CEQA; 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 its actions:
1. The proposed use is consistent with the intent and purpose of
the R-3 zone, the 0.P. zone, the Palma Village and Commercial
Core Specific Plans and the Palm Desert General Plan.
2. The project's design provides a compatible transition between
the residential uses to the north and the commercial uses to
the south 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.
4. Strict enforcement of the setback provisions would result in
no project which is inconsistent with the goals of the general
plan and specific plans.
5. This property is exceptional in that it is located adjacent
to an existing athletic club and the shape of the property
precludes alternative design possibilities except those which
are less desirable.
PLANNING COMMISSION RESOLUTION NO. 1544
6. Strict enforcement of the setback provisions would result in
no project and thereby deprive the owner of an office building
in the R-3 zone which exists elsewhere in the city.
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. Conditional Use Permit 91-14 on file in the department of
community development/planning is hereby approved for reasons
specified above and in the staff report dated November 5,
1991, subject to attached conditions.
3. Variance 91-5 is hereby granted for reasons specified above
and in the staff report dated November 5, 1991.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 5th day of November, 1991, by
the following vote, to wit:
AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
AArae
RAM A. DIAZ,
ary
Palm Desert Plannil3b Commission
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CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1544
CONDITIONS OF APPROVAL
CASE NOS. CUP 91-14 AND VAR 91-5
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 approvals shall become null, void and
of no effect whatsoever.
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:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
Palm Desert Water and 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.
5. Trash provisions shall be approved by applicable trash company and
city prior. to issuance of building permit.
6. Project shall pay school impact mitigation fees as arranged with
the Desert Sands Unified School District.
7. Project shall participate in the Art in Public Places program per
Ordinance 473.
8. Compliance with conditions imposed by Palm Desert Water Services
District.
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PLANNING COMMISSION RESOLUTION NO. 1544
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 six foot wide
sidewalk on Alessandro 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 Alessandro Drive shall be the
responsibility of the property owner.
8. As required under 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.
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PLANNING COMMISSION RESOLUTION NO. 1544
10. Proposed building pad elevations are subject to review and
modification in accordance with Title 27 of the Palm Desert
Municipal Code.
11. 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.
12. 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.
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 one 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 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.
4. The required fire flow shall be available from a Super hydrant(s)
(6"x4"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"x4"x2-
1/2"x2-1/2") 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
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PLANNING COMMISSION RESOLUTION NO. 1544
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.
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. If building is fire sprinklered.
9. Comply with Title 24 of the California Code of Regulations, adopted
January 1, 1990, for all occupancies.
10. 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.
11. 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.
12. 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-
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PLANNING COMMISSION RESOLUTION NO. 1544
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.
13. 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". One "F" frequency transmitter shall be provided to the fire
marshal for each gate installed.
14. Contact the fire department for a final inspection prior to
occupancy.
15. 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. Unknown use.
16. Commercial buildings shall have illuminated addresses of a size
approved by the city.
17. 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 for submittal requirements.
18. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
twelve months.
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