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HomeMy WebLinkAboutRes No 1619PLANNING COMMISSION RESOLUTION NO. 1619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 9701 SQUARE FOOT COMMERCIAL BUILDING LOCATED ON THE NORTH SIDE OF HIGHWAY 111 BETWEEN PORTOLA AVENUE AND SAN LUIS REY. CASE NO. PP 93-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of May, 1993, hold a duly noticed public hearing to consider the request of STEVE METSOVAS for approval of a negative declaration of environmental impact and precise plan for a 9701 square foot commercial building located on the north side of Highway 111 between Portola Avenue and San Luis Rey; 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 precise plan is consistent with the intent and purpose of the General Plan and the standards of the general commercial zone. 2. The project will not depreciate property values or restrict the lawful use of adjacent properties nor will it threaten 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" and Precise Plan 93-3 on file in the department of community development/planning is hereby approved, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 1619 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm r/ Desert Planning Commission, held on this 18th day of May, 1993, by the following vote, to wit: AYES: BEATY, WHITLOCK, SPIEGEL NOES: NONE ABSENT: COX, JONATHAN ABSTAIN: NONE 44U; GO OBERT A. SPIEGE T:i man ATTEST: ler"(47/ RAMON A. DIAZ, Sectary Palm Desert Planning Commission 2 urio rf PLANNING COMMISSION RESOLUTION NO. 1619 CONDITIONS OF APPROVAL CASE NO. PP 93-3 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. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission and building permit procedures. 3. 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. 4. 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. 5. 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 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. 6. That prior to issuance of building permit the owner (developer) provide the city with evidence that he has paid the required school mitigation fee. 7. That the site plan provide a zero setback at the west property line. If the applicant is able to acquire the setback on the lot 3 PLANNING COMMISSION RESOLUTION NO. 1619 to the west, then the applicant shall expand the building to that li/f new property line. 8. That the landscape area at the east end of the building be a minimum of 4 feet 6 inches between the back of the driveway curb and the building wall. 9. That the expanded two-way driveway shall be a minimum of 24 feet curb face to curb face. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance 653, 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. A Transportation Uniform Mitigation Fee, Retail/Services 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 shall include, but not be limited to, the installation of a minimum 28 foot wide drive approach on Palm Desert Drive North, a minimum 24 foot wide drive approach on Alessandro Drive and the installation of a minimum six foot wide sidewalk on both streets. 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. 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. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the city's General Plan, dedication of half -street right-of-way at 30 feet (additional 5 feet) shall be provided prior to the issuance of a grading permit. 4 will PLANNING COMMISSION RESOLUTION NO. 1619 8. Landscaping maintenance on Palm Desert Drive North and Alessandro Drive shall be the responsibility of the property owner. 9. 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. 10. 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. 11. 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. 12. Building pad elevations of the proposed structures are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 13. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to ad approved by the department of public works prior to the issuance of a grading permit. 14. The location of the Palm Desert Drive access, as shown on the project site plan, shall be relocated a minimum of 27 feet east of the westerly property line. 15. The design of the site grading shall incorporate the use of the proposed and existing Alessandro Drive access for the purpose of site drainage. The drainage scheme shown on the project site plan shall be modified to eliminate the drainage swale located along the westerly property line. 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: 5 PLANNING COMMISSION RESOLUTION NO. 1619 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 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 a 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 Civic 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." 6 WO PLANNING COMMISSION RESOLUTION NO. 1619 "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. 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 not be less than 24' of 7 PLANNING COMMISSION RESOLUTION NO. 1619 unobstructed width and 13'6" of vertical clearance. Where iiii 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. Contact the fire department for a final inspection prior to occupancy. 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. 20. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: NW 1. See attached drawing Exhibit "B". SRS/tm 8 r/ PLANNING COMMISSION RESOLUTION NO. 1619 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 93-3 APPLICANT/PROJECT SPONSOR: Steve Metsovas P.O. Box 5132 Orange, CA 92667 PROJECT DESCRIPTION/LOCATION: A 9,701 square foot commercial building located on the north side of Highway 111 between Portola Avenue and San Luis Rey. 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. F� • *P' May 18, 1993 RAMON A. DIAZ DATE DIRECTOR OF COMMUN Y DEVELOPMENT 9 a t2 9Zr ..vn7 "re