HomeMy WebLinkAboutRes No 1886PLANNING COMMISSION RESOLUTION NO. 1886
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
A PRECISE PLAN OF DESIGN TO CONSTRUCT A 17,492
SQUARE FOOT, TWO STORY ART GALLERY LOCATED ON
THE EAST SIDE OF HIGHWAY 74, 400 FEET SOUTH OF EL
PASEO.
CASE NO. PP/CUP 98-13
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of August, 1998, hold a duly noticed public hearing to a consider a request
by DAVID AND LEISA AUSTIN for the above mentioned; 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 effect 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
tentative parcel map an precise plan:
FINDINGS FOR APPROVAL OF A 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.
PLANNING COMMISSION RESOLUTION NO. 1886
2. That approval of Precise Plan 98-13 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 18th day of August, 1998, by the following vote, to
wit:
AYES: BEATY, FINERTY, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: FERNANDEZ
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, .ecretary
Palm Desert Planning Commission
O �?
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1886
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-13
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 Review 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.
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.
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PLANNING COMMISSION RESOLUTION NO. 1886
8. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with the parking lot tree planting master plan.
11. 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.
12. 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.
13. The project's setbacks shall conform standards in Section 25.34 of the City's Zoning
Ordinance, with exception to the north side yard at 12 feet.
14. The building size shall be reduced to 17,492 square feet, excluding the 15%
reduction for non -usable square footage such as stairways, landings, interior utility
rooms and restrooms.
15. Any future tenants determined to be more intensive than an art gallery, shall
implement alternate parking plan (Exhibit A) in order to ensure compliance with the
City's parking ordinance requirements (Section 25.58).
16. Modifications to the on -street parking spaces as designated in Exhibit B on file in the
Department of Community Development shall be designed to the satisfaction of the.
Director of Public Works and no building permits issued until this approval has been
received.
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PLANNING COMMISSION RESOLUTION NO. 1886
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 the issuance of any
permits associated with this project.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to the issuance of any permits associated with this
project.
3. Transportation Uniform Mitigation Fees (TUMF), Retail/Services Classification, shall
be paid prior to the issuance of any building permits associated with this project.
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. Due to existing roadway width, the proposed angled parking
configuration shown on the frontage road cannot be accommodated. Parallel parking
is permitted.
5. All private driveways and parking Tots shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
6. Any and all off -site improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
7. Landscaping maintenance on Frontage Road and Ocotillo Drive shall be the
responsibility of the property owner.
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 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, construction
of city standard drive approaches and concrete sidewalk in an appropriate size and
configuration, removal of all unused drive approaches and reconstruction of standard
curb and gutter. The above referenced items shall be applicable to both the Frontage
Road and Ocotillo Drive. "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.
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PLANNING COMMISSION RESOLUTION NO. 1886
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. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with one driveway approach being allowed to serve this
property. A secondary access for emergency purposes only may be permitted on
Ocotillo Drive.
11. Proposed building pad elevations are subject to review and modification in
accordance with Section 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. Prior to the issuance of any permits associated with this project the applicant shall
complete the required processing for a parcel map waiver (parcel consolidation).
This process shall include provisions for the relocation/underground conversion of
existing overhead utility lines.
14. Prior to the issuance of any permits associated with this project the applicant shall
complete the abandonment of existing public service easements which may be
impacted by this project.
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.
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. The actual fire flow available from
any one hydrant connected to any given water main shall be 1500 GPM for two
hours duration at 20 PSI residual operating pressure.
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PLANNING COMMISSION RESOLUTION NO. 1886
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' nor more than 150' commercial from any portion of
the building(s) as measured along approved vehicular travelways. Hydrants installed
below 3000 feet 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
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 Tess 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 per NFPA 13. The building area
of additional floors is added in for a cumulative total. Exempted are one and two
family dwellings.
9. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for
sprinkler system. Install 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 approved by the Fire Marshal.
11. 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 requires for all UL central station monitored
systems and systems where any interior devices are required or used. (UFC Sec.
14.103 (a))
12. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In
addition to the above, a 40BC extinguisher is required for commercial kitchens.
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PLANNING COMMISSION RESOLUTION NO. 1886
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 Tess
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. Contact the Fire Department for final inspection prior to occupancy.
15. Commercial buildings shall have illuminated addresses of a size approved by the city.
16. 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.
17. 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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PLANNING COMMISSION RESOLUTION NO. 1886
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 98-13
APPLICANT/PROJECT SPONSOR: DAVID AND LEISA AUSTIN
73-970 EL PASEO.
PALM DESERT, CA 92260
PROJECT DESCRIPTION/LOCATION:
Precise Plan to construct a 17,992 square foot art gallery on property located on the east
side of Highway 74, 400 feet south of El Paseo. A.P.N.'s 627-231-012
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.
uaust 18. 1998
PHILIP DRELL , DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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