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HomeMy WebLinkAboutRes No 1741PLANNING COMMISSION RESOLUTION NO. 1741 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 31,180 SQUARE FOOT PROFESSIONAL OFFICE BUILDING ON THE SOUTH SIDE OF FRED WARING DRIVE WEST OF SAN PASCUAL. CASE NOS. C/Z 96-2, AND ADDENDUM TO PP 95-8 AND PMW 95-23 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of May, 1996, 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 31,180 gross square foot office complex on the south side of Fred Waring Drive 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. 4. The change of zone will be consistent with the zoning on the three interior lots. 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. PLANNING COMMISSION RESOLUTION NO. 1741 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. PARCEL MAP WAIVER 1. The property in question is presently made up of five 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 96-2 Exhibit "B", revised 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 7th day of May, 1996, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE PAUL R. BEATY, Chairpson ATTEST: PHILIP ELL, Secretary Palm Des rt Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1741 CONDITIONS OF APPROVAL REVISED 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, if applicable: 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. That the net leasable floor area in the building shall not exceed 26,503 square feet. 6. All future occupants of the building shall comply with parking requirements of the ordinance; specifically medical offices shall be limited to a maximum total of 8,003 square feet of the total building. 7. Trash and recycling provisions shall be approved by applicable trash company and city prior to issuance of building permit. 3 PLANNING COMMISSION RESOLUTION NO. 1741 8. That a six foot high masonry wall be provided along the south and west property lines. 9. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 10. 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 4 PLANNING COMMISSION RESOLUTION NO. 1741 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 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 5 PLANNING COMMISSION RESOLUTION NO. 1741 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' 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. 6 PLANNING COMMISSION RESOLUTION NO. 1741 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. 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 2A10BC 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, 7 PLANNING COMMISSION RESOLUTION NO. 1741 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. 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. 8 PLANNING COMMISSION RESOLUTION NO. 1741 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: C/Z 96-2 and Revised PP 95-8 and 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 31,180 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. ay 7, 1996 PHILIP RELL DA DIRECTO OF COMMUNITY DEVELOPMENT 9 Chang© o1 MOM® S�u TO BE REZONED from R-3 to O.P. WARING DRIVE R z a 107 1 I '1 raw' 111 4 0 • • 4 N LIP .o IJOSLYN • COVE ' COMMpJNITY CATAUNA •'AY rl w X t Y • WCNO R040 �� sum■. _. m■ inek 1■1N111111'!N■NNN■ jitg St R-4Si1 SA. ►Lti■ 1��.v� PINP • CITY OF PALM DESERT Case No. C/Z 96-2 PLANNING COMMISSION , RESOLUTION NO.1741 Date MAY 7,1996