HomeMy WebLinkAboutRes No 1847PLANNING COMMISSION RESOLUTION NO. 1847
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF
A 24,543 SQUARE FOOT OFFICE BUILDING WITH PARKING
ADJUSTMENT ON LAND IN THE SERVICE INDUSTRIAL ZONE AT
THE NORTHEAST CORNER OF COOK STREET AND SHERYL
AVENUE.
CASE NO. CUP 97-15
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of January, 1998, hold a duly noticed public hearing which was
continued to February 17, 1998, and again continued to March 3, 1998 to consider
the above request by H.N. AND FRANCES C. BERGER FOUNDATION; 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 conditional use permit 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 conditional use permit:
CONDITIONAL USE PERMIT:
1. The proposed office use is allowed in the Service Industrial zone with
approval of a Conditional Use Permit by the Planning Commission. The
use will be in accord with the objectives of the Zoning Ordinance.
2. The proposed office meets all the requirements of the City's Zoning
Ordinance and has received preliminary Architectural Review Commission
approval. The project will not be detrimental to public health, safety or
welfare or materially injurious to properties in the vicinity.
3. The project will meet all code provisions except for off street parking for
which an adjustment is being granted subject to the applicant agreeing
to provide additional parking if it is demonstrated that it is needed.
4. The office use is compatible with the surrounding land uses and is
consistent with the goals and objectives of the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 1847
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 a Negative Declaration of Environmental Impact (Exhibit "A"
attached) is hereby certified.
3. That approval of Conditional Use Permit 97-15 is hereby granted for
reasons subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3rd day of March, 1998, by the following vote, to
wit:
AYES: CAMPBELL, FERNANDEZ
NOES: BEATY
ABSENT: NONE
ABSTAIN: FINERTY, JONATHAN
)2i _I---62_,....-77.._6,__e__,LZ
' SONIA M. CAMPBELL, Chairperson
ILL-Q-C
PHILIP DRELL, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 1847
CONDITIONS OF APPROVAL
CASE NO. CUP 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.
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PLANNING COMMISSION RESOLUTION NO. 1847
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.
1 1 . 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 25.34 of the City's
Zoning Ordinance.
13. That a bus turnout pad be provided adjacent to Cook Street to the satisfaction
of the Public Works Department and Sunline Transit.
14. That the applicant shall post security in a form acceptable to staff and the City
Attorney to guarantee future completion of the code required additional 25
parking spaces should it become necessary. Amount of security to be equal to
cost to construct such additional parking.
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PLANNING COMMISSION RESOLUTION NO. 1847
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 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. Any storm drain construction associated with this project shall be contingent
upon a drainage study prepared by a registered civil engineer that is reviewed
and approved by the Department of Public Works.
4. 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. All public improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to the issuance
of any permits associated with this project.
5. 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, minimum six foot wide concrete sidewalk (Sheryl
Avenue) and minimum twenty-four foot wide 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.
6. 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.
7. Landscaping maintenance on Cook Street and Sheryl Avenue shall be the
responsibility of the property owner.
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.
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PLANNING COMMISSION RESOLUTION NO. 1847
9. Size, number and location of driveways to the specifications of the Department
of Public Works with one driveway approach to serve this property.
10. 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.
11. 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.
12. Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
office classification. Payment of said fees shall be at time of building permit
issuance.
14. 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. 10.301C.
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.
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PLANNING COMMISSION RESOLUTION NO. 1847
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"x4"x2-
1 /2"x2-1 /2"), located not Tess than 25' or more than 150 feet from any portion
of the building(s) as measured along vehicular travelways. Hydrants installed
below 3000 feet shall be of the "wet barrel" type.
5. 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 hydrant.
6. Install a fire alarm (water flow) as required by the Uniform Building Code Sec.
3803 for the fire sprinkler system(s). Install tamper alarms on all supply and
control valves for sprinkler systems.
7. 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.
8. Install a fire alarm as required by the Uniform Building Code and/or Uniform 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, systems where any interior devices are required to be used.
(UFC Sec. 14.103(a))
9. Install portable fire extinguishes per NFPA 10, but not less than 2A10BC in
rating. Fire extinguishes must not be over 75' walking distance.
10. 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 Tess than 24' of unobstructed width and 13'6" of vertical clearance.
11. Contact the Fire Department for a final inspection prior to occupancy.
12. Commercial buildings shall have illuminated addresses of a size approved by the
City.
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PLANNING COMMISSION RESOLUTION NO. 1847
13. 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.
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PLANNING COMMISSION RESOLUTION NO. 1847
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: CUP 97-15
APPLICANT/PROJECT SPONSOR:
The H.N. and Frances C. Berger Foundation
P.O. Box 13390
Palm Desert, CA 92255-3390
PROJECT DESCRIPTION/LOCATION:
Conditional Use Permit to construct a 24,543 square foot office building on land in the
Service Industrial zone located at the northeast corner of Cook Street and Sheryl
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.
4 1=�v' , MARCH 3, 1998
PHIL DRELL , DATE
DIRECTOR OF dOMMUNITY DEVELOPMENT
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