HomeMy WebLinkAboutRes No 1615PLANNING COMMISSION RESOLUTION NO. 1615
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT,
CHANGE OF ZONE, PRECISE PLAN OF DESIGN, A SETBACK
VARIANCE, AND A PARKING LOT VARIANCE FOR A 4600
SQUARE FOOT OFFICE BUILDING AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE.
CASE NOS. GPA 93-2, C/Z 93-2, PP 93-2, VAR 93-1, VAR 93-2
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 6th day of April, 1993, hold a duly noticed
public hearing to consider a request by FRANK MILLER for approval of a
Negative Declaration of Environmental Impact, general plan amendment,
change of zone, precise plan of design, setback variance and a parking
lot variance for a 4600 square foot office building at the southeast
corner of Fred Waring Drive and San Luis Drive; 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 of
Environmental Impact 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 recommending approval to city council:
1. The general plan amendment and change of zone as amended will
be consistent with the overall goal of the professional
office designation and O.P. zone for the Fred Waring area as
setforth in the Palma Village Specific Plan and represents a
more appropriate land use then the current single family
residential designations.
2. With the exception of the requested variances the precise
plan is consistent with the requirements of the O.P. zone and
the intent of the Palma Village Specific Plan and General
Plan.
3. The 28 foot parkway and narrow 94 foot average lot depth are
exceptional circumstances which do not exist generally within
the O.P. zone.
4. The strict and literal interpretation of the setback standard
would result in the building being sited closer to the
adjacent residential zone and, therefore, in conflict with
the overall intent of the O.P. setback standards.
PLANNING COMMISSION RESOLUTION NO. 1615
5. The existence of the 28 foot parkway allows the project to
achieve the required landscape setback from Caroline, which
exceeds the landscape setbacks for similar projects elsewhere
in the O.P. zone.
6. The granting of precise plan and variance will, therefore,
not be detrimental to the public 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 a Negative Declaration of Environmental Impact Exhibit
"A", GPA 93-2, C/Z 93-2 Exhibit "B", PP 93-2, VAR 93-1, and
VAR 93-2 on file in the department of community
development/planning are hereby recommended for approval to
city council.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 6th day of April, 1993, by the
following vote, to wit:
AYES: BEATY, COX, WHITLOCK, SPIEGEL
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ROBERT A. SPIEGEL C
ATTEST:
AfPPPOWY1'
RAMON A. DIAZ, 5ecary
Palm Desert Plannih' Commission
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PLANNING COMMISSION RESOLUTION NO. 1615
CONDITIONS OF APPROVAL
CASE NOS. GPA 93-2, C/Z 93-2, PP 93-2, VAR 93-1, VAR 93-2
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. Final landscape plans shall comply with proposed August 24, 1989
parking lot tree planting master plan.
8. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
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PLANNING COMMISSION RESOLUTION NO. 1615
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.
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. Prior to issuance of building permits, proof of ownership for
parcel 640-122-017 shall be required by the department of
community development.
11. Prior to issuance of building permits, the applicant is required
to consolidate parcels 640-122-017 and 640-122-010.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance No. 653, shall be paid
prior to issuance of a grading permit.
2. Signalization fees, in accordance with City of Palm Desert w
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
hall include, but not be limited to, the installation of a minimum
24 foot wide drive approach and installation of a minimum six foot
wide sidewalk on San Luis Drive.
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.
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PLANNING COMMISSION RESOLUTION NO. 1615
w 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 Fred Waring Drive and San Luis Drive
shall be the responsibility of the property owner. Landscaping
and any fixed improvements shall be in conformance with Section
25.56.200 of the Palm Desert Municipal Code (line of sight
triangle).
8. As required under Section 12.16 and 26.44 of 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.
10. 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.
11. Building pad elevations of the proposed structures are subject to
review and modification in accordance with Chapter 27 of the Palm
Desert Municipal Code.
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. If the applicant files for a waiver of parcel map for parcel
consolidation, provisions for the payoff or reapportionment of any
existing city assessments associated with the subject properties
shall be required as part of that process.
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:
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PLANNING COMMISSION RESOLUTION NO. 1615
The fire department is required to set a minimum fire flow for the isil
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" 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
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."
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PLANNING COMMISSION RESOLUTION NO. 1615
"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 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 2A10BC 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.
15. 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
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PLANNING COMMISSION RESOLUTION NO. 1615
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.
16. 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.
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.
17. 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.
18. A dead end single access over 500' in length will require a
secondary access, sprinklers or other mitigative measure approved
by the fire marshal. Under no circumstances shall a single dead
end access over 1300 feet be accepted.
19. Contact the fire department for a final inspection prior to
occupancy.
20. 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
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PLANNING COMMISSION RESOLUTION NO. 1615
specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
21. Commercial buildings shall have illuminated addresses of a size
approved by the city.
22. 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.
23. 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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PLANNING COMMISSION RESOLUTION NO. 1615
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NOS: GPA 93-2, C/Z 93-2, PP 93-2, VAR 93-1, VAR 93-2
APPLICANT/PROJECT SPONSOR:
Frank Miller
72-855 Fred Waring Drive, Suite 20
Palm Desert, California 92260
PROJECT DESCRIPTION/LOCATION: A 4600 square foot office building at
the southeast corner of Fred Waring Drive and San Luis 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.
AlWe
RAMON A. DIAZ
DIRECTOR OF COMMUN%. 'Y
April 6, 1993
DATE
DEVELOPMENT
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