HomeMy WebLinkAboutRes No 1830PLANNING COMMISSION RESOLUTION NO. 1830
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN
OF DESIGN FOR A 12,500 SQUARE FOOT SINGLE STORY
OFFICE/MEDICAL BUILDING, A SETBACK VARIANCE FOR SAID
BUILDINGS, AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES THERETO, ALL
LOCATED IN THE OFFICE PROFESSIONAL (O.P.) ZONE ON THE
NORTH SIDE OF FRED WARING DRIVE BETWEEN MONTEREY
AVENUE AND ACACIA DRIVE.
CASE NOS. PP 97-8 AND VAR 97-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of July, 1997, hold a duly noticed public hearing which was continued to August
5, September 2, September 16 and October 7, 1997, to consider the request of O. MICHAEL
HOMME for the project described above; 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. 97-18," in that the Director of Community Development has determined that the project
will not have a significant 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 approving said precise plan and
variance:
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.
3. The precise plan will not endanger the public peace, health, safety or general
welfare.
VARIANCE:
1. Due to necessary public improvements associated with this project which are
only inherent in this location the siting of the buildings and the carport is
severely restricted. Strict enforcement of the setback would result in practical
PLANNING COMMISSION RESOLUTION NO. 1830
difficulty inconsistent with the objectives of the ordinance and would deprive the
applicant of privileges enjoyed by other owners in the same vicinity and zone.
2. The property is subject to extraordinary conditions in the form of needed public
improvements (i.e., street widening, signal and storm drain relocation and bus
turn out and shelter). These items and the degree to which they impact this site
do not apply generally to other properties in the same zone.
3. Due to its favorable design and proposed uses granting the variances will not be
detrimental to the public health, safety or welfare or materially injurious to
property or improvements in the vicinity.
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 cases PP 97-8 and VAR 97-1 are hereby approved, subject to conditions
on the Precise Plan as shown on Exhibit A attached.
3. That a Negative Declaration of Environmental Impact is hereby certified as
shown on Exhibit B attached.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 7th day of October, 19.7, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FE
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
/tc
PHILIP DRELL, Secretary
Palm Desert Panning Commission
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JAM S C O ' ERGUSON, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1830
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP 97-8
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. 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
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. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by applicable trash company and department of
community development.
6. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to Architectural Review Commission submittal.
7. Final landscape plans shall comply with the parking lot tree planting master plan and
shall be approved by the Architectural Review Commission.
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PLANNING COMMISSION RESOLUTION NO. 1830
8. 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.
9. 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, school mitigation and
housing mitigation fees.
10. All future occupants of the buildings shall comply with parking requirements of the
zoning ordinance.
11. If the parking lot is to be illuminated, a detailed parking lot and building lighting plan
shall be submitted to staff for approval, subject to applicable lighting standards, plan
to be prepared by a qualified lighting engineer.
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 one drive approach
on Acacia Drive installation of a minimum six foot wide sidewalk on Acacia Drive and
eight foot wide sidewalk on Fred Waring Drive and Monterey Avenue, all to the
satisfaction 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
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PLANNING COMMISSION RESOLUTION NO. 1830
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.
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 $ 2,197.14 per 1000 sq. ft. of building area
(Office Building Land Use Designation).
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
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.
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PLANNING COMMISSION RESOLUTION NO. 1830
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: a) 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 hydrant(s) (6" x 4" x 2-1/2" x 2-
1/2"), located not less than 25' nor more than: a) 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.
5. 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.
6. 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.
7. Install a complete fire sprinkler system per NFPA 13. The post incicator 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 ore
and two family dwellings.
8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 fa
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: a) 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
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PLANNING COMMISSION RESOLUTION NO. 1830
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))
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 sq. Ft. 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. Commercial buildings shall have illuminated addresses of a size approved by the City.
15. 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.
16. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within 12 months.
Department of Building & Safety:
1. All new and existing overhead electrical distribution lines, telephones, cable antenna
television and similar service wires or cables, which are adjacent to the property being
developed, shall be installed underground as part of development from the nearest
existing pole not on the property being developed per Palm Desert Municipal Code,
Section 25.56.110. The developer or owner is responsible for complying with these
requirements per Palm Desert Municipal Code, Section 25.56.130.
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PLANNING COMMISSION RESOLUTION NO. 1830
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: PP 97-8 and VAR 97-1
APPLICANT/PROJECT SPONSOR:
O. Michael Homme
P.O. Box 258
Palm Desert, CA 92261
PROJECT DESCRIPTION/LOCATION: A 12,500 square foot single story professional
office/medical building and Setback Variance for said building on the north side of Fred
Waring Drive between Monterey Avenue and Acacia 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.
PHILIP DR L DATE
DIRECTOR F COMMUNITY DEVELOPMENT
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