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HomeMy WebLinkAboutRes No 1752PLANNING COMMISSION RESOLUTION NO. 1752 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY RICK MURO FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN/CONDITIONAL USE PERMIT AND 18,489 SQUARE FOOT TWO STORY ATHLETIC CLUB IN THE O.P. ZONE AT THE NORTHWEST CORNER OF MONTEREY AVENUE AND FRED WARING DRIVE. CASE NO. PP/CUP 96-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of June, 1996, hold a duly noticed public hearing which was continued to July 2 and July 16, 1996, to consider the request of RICK MURO for Pinnacle Athletic Club for the above project; 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 because the project as conditioned, specifically the requirement to gate and wall off access to Acacia Drive to the north, 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 approval of said precise plan/conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's general plan. 5. The design of the precise plan as conditioned will not substantially depreciate property values in the vicinity. 6. The precise plan as conditioned 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. 1752 7. The precise plan as conditioned 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 the Negative Declaration of Environmental Impact, Exhibit "A" attached, is hereby approved. 3. That Precise Plan/Conditional Use Permit 96-5 on file in the Department of Community Development is hereby approved, subject to conditions (Exhibit "B"). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of July, 1996, by the following vote, to wit: AYES: FERGUSON, FERNANDEZ, JONATHAN NOES: BEATY, CAMPBELL ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRESecretary Palm DesertPlanning Commission 2 PAUL R. BEATY, Cha % person PLANNING COMMISSION RESOLUTION NO. 1752 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP/CUP 96-5 APPLICANT/PROJECT SPONSOR: Rick Muro 74-040 Highway 111, Suite B Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Precise plan of design and conditional use permit for an 18,489 square foot two story athletic club on property at the northwest corner of Monterey Avenue and Fred Waring 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. k r" >__ .. % Jly 16, 1996 PHILIP D LL ATE DIRECTOR F COMMUNITY DEVELOPMENT 3 PLANNING COMMISSION RESOLUTION NO. 1752 EXHIBIT "B" CONDITIONS OF APPROVAL CASE NO. PP/CUP 96-5 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 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). 4 PLANNING COMMISSION RESOLUTION NO. 1752 8. That the landscaping in the parking lot shall comply with the provisions of the Master Parking Lot Tree Plan. 9. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 10. That the hours of operation of the health club shall be from 6:00 a.m. until 9:00 p.m. Monday through Thursday; from 6:00 a.m. to 8:00 p.m. on Friday; from 8:00 a.m. to 5:00 p.m. on Saturday and from 8:00 a.m. to 4:00 p.m. on Sunday. 11. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 12. That the grading and/or street plans provide for compliance with Sunline comments. 13. That the landscape plan shall be designed and implemented to effectively buffer the view of the parking structure from the streets and from the residential community to the northwest. 14. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into 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. The final landscape plan shall include a long term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 15. That the applicant provide a plan to close Acacia Drive north of the proposed access point to the parking structure. Said plan shall include a six foot high masonry wall, key or carded pedestrian gate and landscape planters on either side. Said wall system to be designed to prevent vehicular and pedestrian traffic flow other than through the keyed/carded pedestrian gate. Keys and/or cards to operate said pedestrian gate shall be provided to those residents of the area northwest of the subject property requesting same. The wall system plan to be reviewed and approved by the Public Works Department, Community Development Department, and Architectural Review Commission and implemented by the applicant prior to obtaining a certificate of occupancy. 5 PLANNING COMMISSION RESOLUTION NO. 1752 Applicant shall be required to install approved street closure plan or pay an in -lieu fee equivalent to the city's costs of installation. Applicant shall not be responsible for continued maintenance or liability unless Acacia right-of-way is vacated and is built on private property. 16. That a six foot masonry wall be constructed along the north property line if deemed necessary by the Architectural Review Commission. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, 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 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 two drive approaches on Acacia Drive with the most southerly drive being restricted to right turn ingress only, installation of a minimum six foot wide sidewalk on Acacia Drive and eight foot wide sidewalk on Fred Waring Drive and Monterey Avenue, widening of both Monterey Avenue (12 feet) and Fred Waring Drive (7 feet) including traffic signal and drainage system modifications as may be necessary all to the satisfaction of the Director of Public Works. If Acacia Drive is closed, widening requirement for Monterey may be reduced or eliminated as determined by the Director of Public Works. 4. Applicant shall dedicate sufficient right-of-way to provide for the widening of Monterey Avenue and Fred Waring 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. 6. All public improvements, private driveways and parking lot areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6 PLANNING COMMISSION RESOLUTION NO. 1752 7. Landscaping maintenance on Acacia Drive, Monterey Avenue and Fred Waring Drive shall be the responsibility of the property owner. 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 structure 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. Grading permit issuance shall be subject to a waiver of parcel map for parcel consolidation/lot line adjustment first being approved and recorded. 14. Prior to the issuance of building permits, applicant shall pay Transportation Uniform Mitigation Fees (TUMF) at the rate of $5,517.60 per 1,000 square feet of building area (Indoor Recreational Facility Land Use). 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. 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. 7 PLANNING COMMISSION RESOLUTION NO. 1752 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. The required fire flow shall be available from a Super fire hydrant(s) (6"x4"x2-1/2"x2-1/2"), 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. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 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. 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. 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. 8 PLANNING COMMISSION RESOLUTION NO. 1752 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. 12. Install a dust collecting system as per the California Building Code, Sec. 910 and California Fire Code, Art. 76, if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. 13. 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. 14. 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 Knox Box over -ride system capable of opening the gate when activated by a special key 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". 15. Contact the fire department for a final inspection prior to occupancy. 16. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are not longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 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. 9 PLANNING COMMISSION RESOLUTION NO. 1752 19. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 20. Other: Upgrade existing fire hydrant to current Super Hydrant specifications. 10