HomeMy WebLinkAboutRes No 1751PLANNING COMMISSION RESOLUTION NO. 1751
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A PRECISE PLAN OF
DESIGN FOR A 9200 SQUARE FOOT DISTRICT COMMERCIAL
CENTER ON A SITE ON THE NORTH SIDE OF HIGHWAY 111,
505 FEET EAST OF DEEP CANYON ROAD.
CASE NO. PP 96-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 2nd day of July, 1996, hold a duly noticed
public hearing to consider the request of REAL PROPERTY ASSOCIATES for
approval of the above described project; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California
Environmental Quality Act, Resolution No. 95-105", in that the Director
of Community Development has determined that the project is a Class 1
categorical exemption for purposes of CEQA and no further documentation
is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard,
said planning commission did find the following facts and reasons to
exist to justify its actions as described below:
1. The design of the precise plan will not substantially
depreciate property values 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.
3. The precise plan will not endanger the public peace, 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 Precise Plan 96-6 on file in the Department of Community
Development is hereby recommended to the city council for
approval, subject to conditions.
PLANNING COMMISSION RESOLUTION NO. 1751
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 2nd, day of July, 1996, by the
following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
P ILIP D LL, Secretary—
Palm Dese t Planning Commission
a_.
PAUL R. BEATY, Chairp son
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PLANNING COMMISSION RESOLUTION NO. 1751
CONDITIONS OF APPROVAL
CASE NO. PP 96-6
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. 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.
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. 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
Desert Sands Unified School District
Caltrans
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 applicant shall provide for installation of solid waste
and recycling enclosures serving all public buildings, per
Ordinance No. 612, said enclosures subject to approval of
Environmental Conservation Manager.
6. The project shall be subject to all applicable fees at time of
issuance of permits including, but not limited to, Art in Public
Places, TUMF and school mitigation fees.
7. That pursuant to Resolution No. 90-130 this development shall pay
the appropriate commercial development low income housing
mitigation fee ($1.00 per square foot).
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PLANNING COMMISSION RESOLUTION NO. 1751
8. That the landscaping in the parking lot comply with the provisions
of the Master Parking Lot Tree Plan.
9. That a light plan prepared by a lighting engineer shall be
required confirming compliance with the city's parking lot
lighting restrictions.
10. Delivery hours to the center shall be limited to 8:00 a.m. to
10:00 p.m.
11. Store hours for the business shall be limited to 6:00 a.m. to
12:00 p.m. (midnight) seven days a week.
12. That any future restaurants on the site shall provide an effective
means of odor control from cooking units satisfactory to the
Director of Community Development/Planning prior to issuance of
building permit.
13. That all signs on site be approved by the architectural review
commission and conform with ordinance requirements.
14. Applicant and/or their successor shall pay all city fees in effect
when building permits for this development's project are issued.
15. That the developer (owner) shall provide a reciprocal access
easement across the subject property to the site known as Lucky
Supermarket immediately adjacent to the west and north.
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 recordation of final map.
2. Drainage facilities, as designated within the Master Drainage Plan
of 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
recordation of final map.
5. The project shall be subject to Transportation Uniform Mitigation
Fees (TUMF). Payment of said fees shall be at time of building
permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 1751
6. All public improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to
issuance of grading permits. Improvements within the Caltrans
right-of-way shall be subject to approval and permit issuance by
that agency.
7. 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.
8. 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 approval before construction of any
improvements is commenced. Offsite improvement plans to be
approved by the Public Works Department and a surety posted to
guarantee the installation of required offsite improvements prior
to permit issuance. Such offsite improvements shall include, but
not be limited to, curb and gutter, asphalt paving and concrete
sidewalk in an appropriate size and configuration, and the
installation of emergency access provisions from Highway 111 to
the project. "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.
9. Improvement plans for water and sewer systems shall be approved by
the respective service districts with "as -built" plans submitted
to the Department of Public Works prior to project final.
10. Landscaping installation on the Highway 111 property frontage
shall be drought tolerant in nature and maintenance shall be
provided by the property owner/developer. Highway 111 median
landscaping shall also be drought tolerant in nature.
11. In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans/site improvement plans and specifications
shall be submitted to the Director of Public Works for checking
and approval prior to issuance of any permits. In addition to all
standard engineering design parameters, the plan shall address
appropriate circulation related issues.
12. Rights -of way as necessary to accommodate the required street
improvements shall be provided prior to the issuance of any
permits required for the work.
13. 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 and Caltrans.
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PLANNING COMMISSION RESOLUTION NO. 1751
14. 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 %NO
permit.
15. Building pad elevations are subject to review and approval in
accordance with Chapter 27 of the Palm Desert Municipal Code.
16. As required under Sections 26.32 and 26.40 of the Palm Desert
Municipal Code, all existing overhead utilities shall be converted
to underground in accordance with the respective utility district
recommendation.
17. Applicant shall comply with the provisions of Municipal Code
Section 12.12, Fugitive Dust Mitigation.
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 Codes, appropriate NFPA standards, CFC, CBC, 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 California
Fire Code Sec. 10.401.
2. 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.
3. Provide, or show there exists, a water system capable of providing
a potential gallon per minute flow of 3000 gpm for commercial
structure. 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.
4. A combination of on -site and off -site Super fire hydrants, wet
barrel (6"x4"x2-1/2"x2-1/2") will be required, located not less
than 25' or more than 150 feet from commercial structure.
Distances shall cover all portions of the building(s) as measured
along approved vehicular travel ways. The require fire flow shall
be available from any adjacent hydrant(s) in the system.
5. Provide written certification from the appropriate water company
having jurisdiction that hydrant(s) will be installed and will
produce the require fire flow, or arrange for a field inspection
by the Fire Department prior to scheduling for a final inspection.
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PLANNING COMMISSION RESOLUTION NO. 1751
6. 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.
7. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
8. 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.
9. 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.
10. 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.
11. 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))
12. 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.
13. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to, deep
fat fryers, grills, charbroilers or other appliances which produce
grease laden vapors or smoke. (NFPA 96, 17, 17A)
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PLANNING COMMISSION RESOLUTION NO. 1751
14. 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 �r
unobstructed width and 13'6" of vertical clearance.
15. A second access is required on the south end of the property.
This may be an emergency access only and not for public use.
16. Contact the fire department for a final inspection prior to
occupancy.
17. Commercial buildings shall have illuminated addresses of a size
approved by the city.
18. 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.
19. 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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