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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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