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HomeMy WebLinkAboutRes No 1952PLANNING COMMISSION RESOLUTION NO. 1952 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN TO CONSTRUCT A 10,000 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 42-710 MELANIE PLACE. CASE NO. PP 99-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 1999, hold a duly noticed public hearing to a consider a request by NICK CONTI for the above mentioned 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: 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. 2. That approval of Precise Plan 99-15 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1952 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 1999, by the following vote, to wit: AYES: BEATY, CAMPBELL, FINERTY, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN ATTEST: PHILIP DRELL(Secretary Palm Desert P anning Commission SABBY JO H , Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1952 CONDITIONS OF APPROVAL CASE NO. PP 99-15 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 Review Commission Riverside County 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. 3 PLANNING COMMISSION RESOLUTION NO. 1952 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 to standards in Section 25.34 of the City's Zoning Ordinance. Department of Public Works: 14. 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. 15. 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. 16. 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 PLANNING COMMISSION RESOLUTION NO. 1952 17. 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. 18. 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 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. 19. 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. 20. Landscaping maintenance on Melanie Place shall be the responsibility of the property owner. 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. Size, number and location of driveways to the specifications of the Department of Public Works with one driveway approach to serve this project. 23. 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. 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 the grading permit. 25. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 5 PLANNING COMMISSION RESOLUTION NO. 1952 26. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 27. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust (PM10) Control as well as Section 24.20, Stormwater Management and Discharge Control. Riverside County Fire Department: 28. 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. 10.301 C. 29. 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. 30. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 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. 31. 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' 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. 32. Provide written certification from the appropriate water company having jurisdiction that the 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. 33. 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 6 PLANNING COMMISSION RESOLUTION NO. 1952 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. 34. 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. 35. 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. 36. 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)) 37. 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. 38. Install a dust collecting system as per the Uniform Building Code, Sec. 910a and Uniform Fire Code, Section 76.102, if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. 39. 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 1.3'6" 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. 40. Whenever access into private property is controlled through the use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access to emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the 7 PLANNING COMMISSION RESOLUTION NO. 1952 event of power failure. All controlled access devices that are not power operated shall be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6" 41. Commercial buildings shall have illuminated addresses of a size approved by the city. 42. 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. 8 PLANNING COMMISSION RESOLUTION NO. 1952 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 99-15 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: NICK CONTI 74-804 JONI DRIVE PALM DESERT, CA 92260 Precise plan to construct a 10,000 square foot industrial building, on a .55 acre. The subject property is located on the east side of Melanie Place, between Sheryl Drive and Merle Drive. The property is also referred to as 42-710 Melanie Place and A.P.N. 634-142- 007. 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. ctober 19, 1999 PHILIP DRELL ` — DATE DIRECTOR OF CbMMUNITY DEVELOPMENT 9