HomeMy WebLinkAboutRes No 1903PLANNING COMMISSION RESOLUTION NO. 1903
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN
OF DESIGN, CONDITIONAL USE PERMIT AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR A 9,312
SQUARE FOOT DENTAL OFFICE BUILDING AT THE
SOUTHWEST CORNER OF HIGHWAY 111 AND PORTOLA
AVENUE.
CASE NO. PP/CUP 98-17
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of November, 1998, hold a duly noticed public hearing which was continued
to November 17, 1998, to consider the request of T. MICHAEL HADLEY, ARCHITECT, for
ROBERT MCLACHLAN, DDS, for the above described 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. 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 precise
plan/conditional use permit:
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.
CONDITIONAL USE
1. That the proposed location of the conditional use is in accord with the
objectives of the Palm Desert Zoning Ordinance 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.
PLANNING COMMISSION RESOLUTION NO. 1903
3. That the proposed conditional use will comply with each of the applicable
provisions of the Palm Desert Zoning Ordinance.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
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/Conditional Use Permit 98-17 is hereby granted,
subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact, Exhibit "A" attached, is
hereby certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 17th day of November, 1998, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, FINERTY, CAMPBELL
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
C
'SONJA M. CAMPBELL, Chairperson
ATTEST:
/111J2t
PHILIP DRELL, ecretary _
Palm Desert Pla ping Commission
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PLANNING COMMISSION RESOLUTION NO. 1903
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-17
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. All future occupants of the buildings shall comply with parking requirements of the
zoning ordinance.
6. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
7. 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.
8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate
commercial development low income housing mitigation fee.
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PLANNING COMMISSION RESOLUTION NO. 1903
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Ordinance No. 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. 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.
The engineering design of any public improvements constructed as part of this project
shall be in conformance with City of Palm Desert Project No. 653 (Portola Avenue/
Highway 111 intersection improvements). The City's obligation under Project 653
shall include, but not be limited to, design and construction of asphalt paving,
concrete curb and gutter, traffic signal modifications utility relocation and minor
landscaping modifications on Highway 111 and Portola Avenue. The applicant's
responsibility shall include, but not be limited to, the design and construction of
improvements within the realigned Highway 111 and Portola Avenue curb line
including the relocated frontage road, drainage facilities, parking area and sidewalk.
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. Landscaping maintenance on all public street property frontages shall be the
responsibility of the property owner.
6. 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.
7. 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.
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 associates with this project.
9. 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
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PLANNING COMMISSION RESOLUTION NO. 1903
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. "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.
10. Building pad elevations for the proposed project are subject to review and
modification in accordance with Section 27 of the Palm Desert Municipal code.
11. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
12. Prior to the issuance of any permits associated with this project applicant shall file
the appropriate documents requesting the abandonment of a portion of public street
right-of-way known as Palm Desert Drive South and provide for the dedication of the
relocated frontage road right-of-way. Said abandonment and dedication shall be in
conformance with City of Palm Desert Project No. 653 requirements.
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, UFC, UBC,
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 material is placed on the job site.
3. Provide, or show there exists a water system capable of providing a potential gallon
per minute flow of 3,000 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.
4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 %2 " x
2 %2 "), located not Tess than 25' nor more than 150' commercial from any portion of
the building(s) as measured along approved vehicular travelways. Hydrants installed
below 3000' elevation shall be of the "wet barrel" type.
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PLANNING COMMISSION RESOLUTION NO. 1903
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
field inspection by the Fire Department prior to request for final inspection.
6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front, not Tess than 25' from the
building and within 50' of an approved hydrant. This applies to all buildings with
3,000 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.
7. 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.
8. 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.
9. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1 OBC
in rating. Fire extinguishers must not be over 75' walking distance. In addition to the
above, a 40BC fire extinguisher is required for commercial kitchens.
10. Contact the Fire Department for a final inspection prior to occupancy.
11. Commercial buildings shall have illuminated addresses of a size approved by the city.
12. 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.
13. Other: All medical gas systems to be approved by Fire Marshal.
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PLANNING COMMISSION RESOLUTION NO. 1903
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 98-17
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
T. Michael Hadley, Architect
for Robert McLachlan, DDS
23042 Alcalde Drive, Suite F
Laguna Hills, CA 92653
A 9,312 square foot dental office on the C-1 general commercial zoned property at the
southwest corner of Highway 1 1 1 and Portola Avenue, APN 627-222-054.
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.
b: 17, 1998
PHILIP DREL DATE
DIRECTOR • COMMUNITY DEVELOPMENT
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