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HomeMy WebLinkAboutRes No 1836PLANNING COMMISSION RESOLUTION NO. 1836 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 4,400 SQUARE FOOT MEDICAL OFFICE BUILDING ON TWO PARCELS LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, 300 FEET WEST OF SAN ANSELMO. CASE NO. PP 97-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of October, 1997, hold a duly noticed public hearing to consider the above request; 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 Precise Plan will not have a significant negative 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 granting approval of said precise plan: PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the 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 approval of Precise Plan 97-15 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1836 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21 st day of October, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE JA ATTEST: t - . PHILIP DRELL, ecretary Palm Desert Planning Commission 2 N, Chairperson PLANNING COMMISSION RESOLUTION NO. 1836 CONDITIONS OF APPROVAL CASE NO. PP 97-15 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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. Applicant shall participate in a commercial recycling program as determined by the City Environmental Conservation Manager and applicable Waste Disposal Company. 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 future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 PLANNING COMMISSION RESOLUTION NO. 1836 7. 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. 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. Final landscape plans shall comply with the parking lot tree planting master plan and approved by the Architecture Review Commission. 10. 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. 11. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 12. The project's setbacks shall conform standards in Section 25.25 of the City's Zoning Ordinance. 13. Prior to issuance of building permit, applicant shall provide evidence of a recorded mutual access easement with property to the West, to the satisfaction of the Director of Public Works. 14. Second story windows on South elevation shall have a minimum 5'9" window sill height. 15. Balconies on East and West elevations shall have a minimum 6' solid screening on the South ends to prevent open views into the residential yards. 4 PLANNING COMMISSION RESOLUTION NO. 1836 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. 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, city standard concrete drive approach. "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. 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. 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. 6. Landscaping maintenance on Fred Waring Drive shall be the responsibility of the property owner. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 8. Size, number and location of driveways shall be to the specifications of the Department of Public Works with only one driveway approach to be allowed to serve this property. 5 PLANNING COMMISSION RESOLUTION NO. 1836 9. In order to provide access to the proposed project on the property to the west of the subject project, the applicant shall record, in a form acceptable to the city attorney, an easement document which shall provide for such access. 10. 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. 11. Building pad elevations for the proposed development are subject to review and approval in accordance with Section 27 of the Palm Desert Municipal Code. 12. Grading permit issuance shall be subject to a waiver of parcel map for parcel consolidation being approved and recorded. As part of that process, applicant shall either provide for the pay-off or reapportionment of any existing assessments against the subject properties. In lieu of this parcel map waiver process applicant may provide a recorded access and parking easement for mutual access for APNs 627-021-015 and 016 as approved by the Department of Public Works. 13. In accordance with Palm Desert Municipal Code Section 3.44, the project shall be subject to payment of Transportation Uniform Mitigation Fees (T.U.M.F.). Based on the proposed use (office) the subject fee is estimated at $ 10,985.70. 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: 6 PLANNING COMMISSION RESOLUTION NO. 1836 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 or as approved by the Fire Marshal (see attached letter - Exhibit B). 4. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2- 1 /2"x2-1 /2"), located not less than 25' or more than: a) 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 or as approved by the Fire Marshal (see attached letter -Exhibit B). 5. 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. 6. 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. 7. 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. 8. 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. 7 PLANNING COMMISSION RESOLUTION NO. 1836 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirements 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 to be used. (CFC Sec. 14.103(a)) 10. Install portable fire extinguishes per NFPA 10, but not less than 2A1OBC in rating. Fire extinguishes 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. 11. 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. 12. 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, by not limited to, educational, day care, institutional, health care type facilities. 13. Commercial buildings shall have illuminated addresses of a size approved by the City. 14. 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. 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 8 PLANNING COMMISSION RESOLUTION NO. 1836 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 97-15 APPLICANT/PROJECT SPONSOR: OLIPHANT / MATZNER 77-900 AVENUE OF THE STATES PALM DESERT, CA 92211 PROJECT DESCRIPTION/LOCATION: Precise Plan to construct a 4,400 square foot medical/office building on two parcels in the Office Professional zone. Property is located on the South side of Fred Waring Drive, 300 feet West of San Anselmo. 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. ih AA-°4TOBER 21 < 1997 PHIL DRELt % DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9 CUUNTYOP RIVERSIDE::, I.I, RIVERSIDE COUNTY FIRE COVE FIRE MARSHAL 70-801 HWY I I1 RANCHO MIRAGE, CA 92270 TELEPHONE: (760) 346-1870 FAX: (760) 328.1071 TO: Wesley D. Oliphant FROM: Mike Mc Connell Fire Marshal RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION JAMES M. WRIGHT FIRE CHIEF SUBJECT: Fire Flow and Detector Check 73-161 Fred Waring Dr. Dear Wes, EXHIBIT B 210 WEST SAN JACINTO AVENUE PERRIS, CALIFORNIA 92570 TELEPHONE: (909) 940.6900 10-20-97 This letter shall suffice as authorization to modify the fire flow at the above address. I will accept a fully fire sprinklered building plus a 4", private, super fire hydrant, both supplied from the existing street water main. Both fire hydrant and fire sprinkler system can be supplied with an on site 4" detector check valve. Sincerely, Mike Mc Connell Fire Marshal ti\4_,L4_1 C4)",,A&4/ printed on recycled paper ``_].^