HomeMy WebLinkAboutRes No 1545PLANNING COMMISSION RESOLUTION NO. 1545
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN, REAR SETBACK VARIANCE AND PARCEL
MAP WAIVER FOR A SINGLE STORY 13 UNIT APARTMENT
PROJECT ON THREE LOTS ON THE EAST SIDE OF SAN
RAFAEL AVENUE BETWEEN CATALINA WAY AND SAN
GORGONIO WAY.
CASE NOS. PP 91-11, VAR 91-6, PMW 91-10
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 JAMES SATTLEY for
the above mentioned project; 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 was previously assessed in connection with CUP 90-18 and
a Negative Declaration of Environmental Impact approved; 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:
Precise Plan:
1. The design of the precise plan will not substantially
depreciate property values, nor be materially injurious
to properties or improvements in the vicinity.
2. The project design will not unreasonably interfere with
the use or enjoyment of property in the vicinity by the
occupants thereof for lawful purposes.
3. The project design will not endanger the public peace,
health, safety or general welfare.
4. The project complies with the intent and purpose of the
R-2 zone and is consistent with the General Plan.
Variance:
1. The strict or literal interpretation and enforcement of
the rear setback would result in unnecessary physical
hardship inconsistent with the objectives of ordinance
which is to provide sufficient rear yard area.
PLANNING COMMISSION RESOLUTION NO. 1545
2. The irregular shape of the subject parcels represent
exceptional circumstances which do not apply generally
to other properties in the same zone.
3. The strict enforcement of the 20 foot setback would
deprive the applicant of privileges enjoyed by owners of
adjacent properties which are only required to maintain
a 15 foot setback.
4. Since with the exception of 60 square feet the project
far exceeds the 20 foot requirement, the variance will
not be detrimental to the public health, safety or
welfare, or materially injurious to properties or
improvements in the vicinity.
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 PP 91-11, VAR 91-6 and PMW 91-10 are hereby
approved, subject to conditions.
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:
RAMIN A. DIAZ, S'ecfary
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CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1545
CONDITIONS OF APPROVAL
CASE NOS. PP 91-11, VAR 91-7, PMW 91-10
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
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PLANNING COMMISSION RESOLUTION NO. 1545
parties that this condition and agreement run with the land
and bind successors and assigns.
8. Six foot block wall shall be constructed on side and rear
property lines.
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 Sections 26.40 and
26.44 of the Palm Desert Municipal Code, shall be installed
in accordance with applicable city standards.
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 improvements shall
include, but not be limited to, concrete sidewalk in an
appropriate size and configuration and installation of city
standard driveway approaches. "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. All private driveways and parking areas shall be inspected by
the engineering department and a standard inspection fee paid
prior to the issuance of a grading permit.
6. As required by the Palm Desert Municipal Code, all existing
utilities shall be placed underground.
7. Landscaping maintenance on San Rafael Avenue shall be the
responsibility of the property owner.
8. 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
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PLANNING COMMISSION RESOLUTION NO. 1545
prior to the issuance of any permits associated with this
project.
9. 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.
10. A complete preliminary soils investigation, conducted by a
registered soils engineer, shall be submitted to and approved
by the director of public works prior to the issuance of the
grading permit.
11. Size, number and location of driveways shall be to the
specifications of the department of public works with only one
driveway approach for each separate parcel to be allowed to
serve this property.
12. Building pad elevations are subject to review and modification
in accordance with Title 27 of the Palm Desert Municipal Code.
13. The applicant shall process a parcel map waiver for lot line
adjustment for lots 13 and 14. The parcel map waiver shall
be recorded prior to the issuance of any permits associated
with this project.
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. 1545
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. 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 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. 0ne 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.
See other comments.
9. Please be advised the proposed project may not be feasible
since the existing water mains will not meet the required fire
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PLANNING COMMISSION RESOLUTION NO. 1545
flows. Please check with the water company prior to obtaining
an approval from the planning or building department.
10. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
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 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.
13. 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. Lot
14 and 15 are not acceptable.
14. The minimum width of interior driveways for multifamily or
apartment complexes shall be:
a. 24 feet wide when serving less than 100 units, no
parallel parking, carports or garages allowed on one side
only. Lot 14.
b. 28 feet wide when serving between 100 and 300 units;
carports or garages allowed on both sides, no parallel
parking.
c. 32 feet wide when serving over 300 units or when parallel
parking is allowed on one side.
d. 36 feet wide when parallel parking is allowed on both
sides.
15. 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
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PLANNING COMMISSION RESOLUTION NO. 1545
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
fire marshal for each gate installed.
16. Contact the fire department for a final inspection prior to
occupancy.
17. All new residences/dwellings are required to have illuminated
residential addresses meeting both city and fire department
approval. Shake shingle roofs are no longer permitted in the
cities of Indian Wells, Rancho Mirage or Palm Desert.
18. Commercial buildings shall have illuminated addresses of a
size approved by the city.
19. 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. If used as
mitigative measure.
20. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained
within twelve months.
Other:
21. Fire department access is not acceptable per items #18 and
#19. Access must be corrected to standards or contact fire
marshal for mitigative measure. Fire sprinklering all units
on lots 14 and 15 with a locally approved 13R system could
mitigate items 14 and 15.
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