HomeMy WebLinkAboutRes No 1918PLANNING COMMISSION RESOLUTION NO. 1918
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, PRECISE PLAN OF DESIGN AND
FRONT SETBACK VARIANCE FOR A 7,500 SQUARE FOOT
OFFICE BUILDING AT THE SOUTHWEST CORNER OF FRED
WARING DRIVE AND ACACIA DRIVE.
CASE NOS. PP/CUP 99-3 AND VAR 99-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of April, 1999, hold a duly noticed public hearing to consider the request of
SEAN KEARNEY for approval of a Negative Declaration of Environmental Impact, precise
plan of design and front setback variance for a 7,500 square foot office building at the
southwest corner of Fred Waring Drive and Acacia Drive; 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 an adverse impact on the environment and a Negative Declaration of
Environmental Impact 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 recommending approval of said
precise plan/conditional use permit and variance:
1. With the exception of the requested setback variance, the precise plan is
consistent with the requirements of the O.P. zone and the intent of the Palma
Village Specific Plan and General Plan.
2. The 32 foot parkway is an exceptional circumstance which does not exist
generally within the O.P. zone.
3. The strict and literal interpretation of the setback standard would result in the
building being sited closer to the adjacent residential zone and is therefore in
conflict with the overall intent of the O.P. setback standards.
4. The existence of the 32 foot parkway allows the project to achieve a 24 foot
landscaped setback from the side and rear which exceeds the landscape
setbacks for similar projects elsewhere in the O.P. zone.
5. The granting of precise plan and variance will therefore not be detrimental to
the public health, safety or general welfare.
PLANNING COMMISSION RESOLUTION NO. 1918
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"), PP/CUP 99-
3 and VAR 99-1 on file in the Department of Community Development are
hereby recommended for approval to City Council.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 6th day of April, 1999, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
C.....11
STEP EN R. SMITH, Acti g Secretary
Palm Desert Planning Commission
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SABBY J A HAN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1918
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 99-3 AND VAR 99-1
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. 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.
3. 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.
4. 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.
5. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
6. Final landscape plans shall comply with the parking lot tree planting master plan.
7. 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.
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PLANNING COMMISSION RESOLUTION NO. 1918
8. A seven (7) foot split face wall with tan color to match the building shall be
constructed on the side and rear property lines.
9. Project shall be subject to city housing mitigation fees.
10. That this building shall not be occupied by medical/dental office/clinic users.
11. That if case ZOA 99-1 is not approved by the City Council this action shall become
null and void.
12. That the south facing second story windows be designed so as to prevent open
views to the adjacent single story residential zones (i.e., use glass block or other
visual obscuring translucent material).
Department of Public Works:
13. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm desert Ordinance 653, shall be paid prior to issuance of a grading permit.
14. 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.
15. A Transportation Uniform Mitigation Fee, Office Building Classification, shall be paid
prior to the issuance of any building permits associated with this project.
16. 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 a
minimum 24 foot wide drive approach, removal of existing curb depressions and drive
approaches and construction of full height curb and gutter and installation of a
minimum six foot wide sidewalk on Acacia Drive
17. 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.
18. 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.
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PLANNING COMMISSION RESOLUTION NO. 1918
19. Landscaping maintenance on the Fred Waring Drive and Acacia Drive property
frontages shall be the responsibility of the property owner.
20. 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.
21. 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.
22. 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.
23. Building pad elevations of the proposed structures are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
24. 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.
25. If the applicant files for a waiver of parcel map for parcel consolidation, provisions
for the payoff or reapportionment of any existing city assessments associated with
the subject properties shall be required as part of that process.
26. Applicant shall comply with provisions of Palm Desert Municipal Code section 24.12,
Fugitive Dust Control.
Riverside County Fire Department:
27. 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 Code, NFPA UFC, and 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.
28. 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. 1918
29. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of 3000 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.
30. 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 foot elevation shall be of the "wet barrel" type.
31. 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.
32. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front, not less than 25' from the
building and within 50' of an approved 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.
33. 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.
34. 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.
35. 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 requires for all UL central station monitored systems and
systems where any interior devices are required or used. (UFC Sec. 14.103 (a))
36. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not Tess 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.
37. 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'
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PLANNING COMMISSION RESOLUTION NO. 1918
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.
38. Commercial buildings shall have illuminated addresses of a size approved by the city.
39. 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.
40. 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. 1918
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: PP/CUP 99-3 AND VAR 99-1
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
Sean Kearney
P.O. Box 3123
Palm Desert, CA 92261
A precise plan and front setback variance for a two story 7,500 square foot office building
at the southwest corner of Fred Waring Drive 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.
April 6, 1999
STEPHEN R. SMITH DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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