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HomeMy WebLinkAboutRes No 1613PLANNING COMMISSION RESOLUTION NO. 1613 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THREE DUPLEX UNITS TO BE LOCATED ON -SITE AT 73-255 COUNTRY CLUB DRIVE IN THE P ZONE. CASE NO. CUP 01-82 (Amendment No. 2) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of March, 1993, hold a duly noticed public hearing to consider the request of THE FOUNDATION FOR THE RETARDED OF THE DESERT for the above; 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 the granting of said conditional use permit: 1. The proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of they City of Palm Desert, California, as follows: 1. That the above recitations are true and correct ir,,t constitute the findings of the commission in this cas•'. 2. That approval of Conditional Use Permit 01-82 (Amendmi.nt .� 2) is hereby granted for reasons subject to the act.i ..i conditions. PLANNING COMMISSION RESOLUTION NO. 1613 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of March, 1993, by the following vote, to wit: AYES: BEATY, COX, WHITLOCK, SPIEGEL NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE ATTEST: 'egi" 4.4(' RAMIN A. DIAZ, ec V ary Palm Desert Planni • Commission 2 ROBERT A. SPIEGE£,-'Gharman PLANNING COMMISSION RESOLUTION NO. 1613 CONDITIONS OF APPROVAL CASE NO. CUP 01-82 (Amendment No. 2) 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 lighting standards. Plan to be approved by a qualified lighting engineer. 3 PLANNING COMMISSION RESOLUTION NO. 1613 8. Applicant agrees to maintain the landscaping required to be IMO installed pursuant to these conditions. 9. The 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. Project must meet all handicap accessibility requirements. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of any permits associated with this project. 2. Drainage facilities, as designated within the Master Drainage Plan for the City of Palm Desert shall be provided to the specifications of the Director of Public Works. 3. 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 prior to start of construction. 4. 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. 5. All private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of grading permits. 6. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 7. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 8. 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. 4 yeti .r PLANNING COMMISSION RESOLUTION NO. 1613 9. Pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. City Fire Marshal: 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 flow of 1500 for single family, 2500 for multifamily, and 300' 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" x 4" x 2-1/2" x 2-1/2") 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 5 PLANNING COMMISSION RESOLUTION NO. 1613 shall be issued until the water system plan has been approved by r/ 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 systems hall 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 moo an approved hydrant. This applies to all buildings with 3000 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 6 PLANNING COMMISSION RESOLUTION NO. 1613 over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 15. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 16. 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. 17. The minimum width of interior driveways for multi -family 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. 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. 18. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provisions 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 Knox Box over -ride system capable of opening the gate when activated by a special key 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". 19. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure approved 7 PLANNING COMMISSION RESOLUTION NO. 1613 by the Fire Marshal. Under no circumstances shall a single dead end access over 1300 feet be accepted. 20. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 21. Contact the Fire Department for a final inspection prior to occupancy. 22. 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 e 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. 23. 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. 24. Commercial buildings shall have illuminated addresses of a size approved by the city. 25. 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. 26. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 27. Turn radius at several curbs does not allow larger fire equipment access. Use attached template to adjust. 28. As noted in Items 21 and 22, a second access is needed. This can be accomplished at southwest end of project on Sagewood. 29. Information has not been provided as to the physical status or capabilities of the tenants. Physical or handicap restrictions may cause additional building construction and fire alarm requirements per Title 24. See chapters 10, 31 and 60. JW\db\tm 8 PLANNING COMMISSION RESOLUTION NO. 1613 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 01-82 (Amendment No. 2) APPLICANT/PROJECT SPONSOR: Foundation for the Retarded of the Desert 73-255 Country Club Drive Palm Desert, California 92260 PROJECT DESCRIPTION/LOCATION: A conditional use permit to allow three duplex units to be located on -site at 73-255 Country Club Drive. 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. -rt�;:;-'a ! �%° °'�`r March 16, 1993 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9