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HomeMy WebLinkAboutRes No 1559PLANNING COMMISSION RESOLUTION NO. 1559 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A SEVEN UNIT APARTMENT COMPLEX AT 44-555 SAN RAFAEL AVENUE IN THE R-3 S.O. ZONE. CASE NO. PP 91-14 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of March, 1992, hold a duly noticed public hearing to consider the request of SCHMITZ/ANDERSON ENTERPRISES 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 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: 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 precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, 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 approval of Precise Plan 91-14 is hereby granted subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1559 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of March, 1992, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS NOES: NONE ABSENT: SPIEGEL, WHITLOCK ABSTAIN: NONE ATTEST: `�� ..tea ON A. DIAZ, RAM teary JI ICHARDS, Vice Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1559 CONDITIONS OF APPROVAL CASE NO. PP 91-14 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. 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 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 state 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 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. 5. 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. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable 3 PLANNING COMMISSION RESOLUTION NO. 1559 lighting standards, plan to be prepared by a qualified lighting engineer. 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. Project shall be subject to all applicable fees at time of issuance of building permits, including but not limited to Art in Public Places, fringe -toed lizard, TUMF, school mitigation and housing mitigation fees. 10. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 11. 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. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance No. 507, shall be paid prior to the issuance of any permits associated with this project. 2. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the department of public works. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. 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. 5. 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 4 PLANNING COMMISSION RESOLUTION NO. 1559 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, minimum six foot wide concrete sidewalk and construction of city standard drive 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. 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 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 prior to the issuance of any permits associated with this project. 9. Size, number and location of driveways shall be to the specifications of the department of public works with two driveway approaches to be allowed to serve this property. 10. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Any and all off -site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the department of public works. 12. 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. 13. As required under the Palm Desert Municipal code, all existing overhead utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction cost for the subject undergrounding. 5 PLANNING COMMISSION RESOLUTION NO. 1559 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. 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"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 6 PLANNING COMMISSION RESOLUTION NO. 1559 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. 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. *See other. 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. *See other. 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)). *See other. 7 PLANNING COMMISSION RESOLUTION NO. 1559 14. 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 -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. 15. 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. Okay as shown. 16. 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 fire marshal for each gate installed. 17. Contact the fire department for a final inspection prior to occupancy. 18. 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. 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. 8 PLANNING COMMISSION RESOLUTION NO. 1559 20. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Other: 1. In regards to fire sprinklers, an amendment is underway to the existing ordinance. The square footage requiring sprinklers will be 3000 square feet. If permits are pulled prior to this change you will not be required to fire sprinkler. A proposed 13R system shall satisfy fire hydrant requirements with existing appliances. JW/tm 9 PLANNING COMMISSION RESOLUTION NO. 1559 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 91-14 APPLICANT/PROJECT SPONSOR: Schmitz/Anderson Enterprises P.O. Box 3992 Palm Desert, CA 92261 PROJECT DESCRIPTION/LOCATION: A seven unit apartment project on a .54 acre site at 44-555 San Rafael 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. g-hi March 17, 1992 RAMON A. DIAZ DATE DIRECTOR OF COMMUNVY DEVELOPMENT 10