HomeMy WebLinkAboutRes No 1714PLANNING COMMISSION RESOLUTION NO. 1714
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, CHANGE OF ZONE FROM R-3
(MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE
PROFESSIONAL), PRECISE PLAN OF DESIGN FOR A 16,768
SQUARE FOOT PROFESSIONAL OFFICE BUILDING ON A
38,446 SQUARE FOOT SITE ON THE SOUTH SIDE OF FRED
WARING DRIVE APPROXIMATELY 80 FEET WEST OF SAN
PASCUAL.
CASE NOS. C/Z 95-4, PP 95-8 AND PMW 95-23
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 21st day of November, 1995, hold a duly noticed
public hearing to consider the request of DR. SURESH SHAH for approval
of a negative declaration of environmental impact, change of zone, and
precise plan of design for a 16,768 square foot office complex on a
38,446 square foot property on the south side of Fred Waring Drive, 80
feet west of San Pascual; 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. 95-105," 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 its actions:
CHANGE OF ZONE
1. The proposed O.P. zone is consistent with the general plan
land use designation.
2. The proposed office use is compatible with other existing and
future uses in the area.
3. The proposed use will be compatible with high traffic volumes
on Fred Waring Drive.
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.
PLANNING COMMISSION RESOLUTION NO. 1714
3. The precise plan will not endanger the public peace, health,
safety or general welfare.
PARCEL MAP WAIVER
1. The property in question is presently made up of 3 separate
parcels. In order to proceed with the project these lots
must be consolidated into one single parcel which this map
does.
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 the Negative Declaration of Environmental Impact Exhibit
"A", C/Z 95-4 Exhibit "B", PP 95-8 on file in the department
of community development, and PMW 95-23 are hereby
recommended to city council for approval, subject to attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 21st day of November, 1995, by
the following vote, to wit:
AYES: CAMPBELL, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
47
PAUL BEATY, Chairpef-15on
PHILIP DRELL, Acting Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 1714
CONDITIONS OF APPROVAL
CASE NOS. PP 95-8 AND PMW 95-23
Department of Community Development/Planning:
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. All future occupants of the building shall comply with parking
requirements of the ordinance; specifically medical offices shall
be limited to a maximum of 2200 square feet of the total building.
6. Trash and recycling provisions shall be approved by applicable
trash company and city prior to issuance of building permit.
7. That a six foot high masonry wall be provided along the south and
west property lines.
8. That the applicant shall comply with the provisions of the Art in
Public Places ordinance (Ordinance No. 473).
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PLANNING COMMISSION RESOLUTION NO. 1714
9. Payment of low income housing mitigation fee per applicable
ordinance.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Ordinance No. 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. 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.
4. 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.
5. Landscaping maintenance on Fred Waring Drive shall be the
responsibility of the property owner.
6. 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 the
grading permit.
7. 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.
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. 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 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 removal of
existing driveway depressions and reconstruction with full height
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PLANNING COMMISSION RESOLUTION NO. 1714
curb and gutter, installation of concrete sidewalk in an
appropriate size and configuration and installation of concrete
drive approaches in accordance with appropriate city standards.
"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.
10. 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.
11. Size, number and location of driveways shall be to the
specifications of the Department of Public Works with two driveway
approaches permitted to serve this property. Access shall be
limited to right turn ingress/egress only.
12. Grading permit issuance shall be subject to the waiver of parcel
map for parcel consolidation first being approved and recorded.
As part of the waiver of parcel map process, the applicant shall
either provide for the pay-off or reapportionment of any city
assessments against the subject properties.
13. Building pad elevations for the proposed project are subject to
review and modification in accordance with Section 27 of the Palm
Desert Municipal Code.
14. The project shall be subject to Transportation Uniform Mitigation
Fees (TUMF). Payment of said fees shall be at time of building
permit issuance.
Riverside County Fire Department:
1. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible
materials are placed on the job site.
2. Provide, or show there exists, a water system capable of providing
a potential gallon per minute flow of 3000 gpm for commercial
structures. The actual fire flow available from any one hydrant
connected to any given water main shall be 1500 gpm for a two hour
duration at 20 psi residual operating pressure.
3. The required fire flow shall be available from a Super hydrant(s)
(6"x 4"x 2-1/2") , located not less than 25' nor more than 150'
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PLANNING COMMISSION RESOLUTION NO. 1714
from commercial structure. Distances shall cover all portions of
the building(s) as measured along approved vehicular travel ways.
Hydrants installed below 3000' elevation shall be of the "wet
barrel" type. Fire hydrants will be required at each entrance off
of Fred Waring, two hydrants.
4. 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 for a field inspection
by the fire department prior to scheduling for a final inspection.
5. 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 or 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.
The system has been designed to provide a minimum flow of 3000
gallons per minute." (Refer to min. flow requirement(s) noted in
item #2).
6. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
7. Install a complete fire sprinkler system per NFPA 13. The post
indicator valve and fire department connection shall be located to
the front of the building, not less than 25' from the building and
within 50' of an approved Super 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 as per NFPA 13. The building area of additional
floors is added in for a cumulative total square footage.
Exempted are one and two family dwellings.
8. Install a fire alarm (water flow) as required by the Uniform
Building Code Sec. 3803 for the fire sprinkler system(s). Install
supervisory (tamper) alarms on all supply and control valves for
sprinkler systems.
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PLANNING COMMISSION RESOLUTION NO. 1714
9. Certain designated areas will be required to be maintained as fire
lanes and shall be clearly marked by painting and/or signs as
approved by the Fire Marshal. Painted fire lanes and/or signs
shall be stenciled or posted every 30' with the following: No
Parking Fire Lane - PDMC 15.16.090.
10. Install a fire alarm as required by the California Building Code
and/or California Fire Code. Minimum requirement is UL central
station monitoring of sprinkler systems per NFPA 71 and 72. Alarm
plans are required for all UL central station monitored systems
and systems where any interior devices are required or used. (CFC
Sec. 14.103 (a)).
11. Install portable fire extinguishers per NFPA 10, but not less than
2A1OBC in rating. Fire extinguishers must not be over 75' walking
distance and/or 3000 square feet of floor area. In addition to
the above, a 40BC fire extinguisher is required for commercial
kitchens.
12. 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.
13. Contact the fire department for a final inspection prior to
occupancy.
14. 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
specified during the review process. Typically, this applies to,
but is not limited to, educational, day care, institutional,
health care type facilities.
15. Commercial buildings shall have illuminated addresses of a size
approved by the city.
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PLANNING COMMISSION RESOLUTION NO. 1714
16. 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.
17. Conditions subject to change with adoption of new codes,
ordinances, laws or when building permits are not obtained within
12 months.
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PLANNING COMMISSION RESOLUTION NO. 1714
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section
15070) of the California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: PP 95-8, C/Z 95-4, PMW 95-23
APPLICANT/PROJECT SPONSOR:
Narendra Patel, AIA Dr. Suresh Shah
69-730 Highway 111, Suite 118 73-345 Highway 111
Rancho Mirage, CA 92270 Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION: A 16,768 square foot office building on
the south side of Fred Waring Drive between San Pablo Avenue and San
Pascual 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.
ti
,�.�� November 21, 1995
PHILIP DKELL DATE
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
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