HomeMy WebLinkAboutRes No 1975PLANNING COMMISSION RESOLUTION NO. 1975
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF TWO STUDIO UNTS ABOVE AN EXISTING
GARAGE AND AN ADJUSTMENT OF THREE PERCENT TO THE
REQUIRED SITE AREA PER DWELLING UNIT FOR PROPERTY
LOCATED AT 45-325 SAGE LANE.
CASE NOS. CUP 11-80 AMENDMENT #1 AND ADJ 99-1
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 7th day of March, 2000, hold a duly noticed public hearing to consider the request by
MAURICE LEBANOFF for the above noted conditional use permit amendment; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act,
Resolution No. 97-18," in that the director of community development has determined that
the project is a Class 3 categorical exemption for purposes of CEQA and no further
documentation is necessary; 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 the granting of said conditional
use permit amendment #1:
A. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT:
1. That the proposed location of the conditional use is in accord with the
objectives of the zoning ordinance and the purpose of the district in which
it is located.
2. That the proposed location of the conditional use and the conditions under
which it will 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.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
4. That the proposed conditional use complies with the goals, objectives and
the policies of the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 1975
B. FINDINGS FOR APPROVAL OF AN ADJUSTMENT:
1. The strict or literal interpretation and enforcement of the specified
regulation would result in a particular difficulty and unnecessary physical
hardship inconsistent with the objectives of the Zoning Ordinance.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or that do not apply generally to other
properties of the same vicinity.
3. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of the privileges enjoyed by the
owners of other properties in the same vicinity and zone.
4. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to the properties or
improvements in the vicinity.
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 Conditional Use Permit 11-80 Amendment #1 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 7th day of March, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, BEATY
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE _
ATTES.T:
PH LIP DREL
Palm Desert P
_AA —at
, Secretary
anning Commission
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PAUL R. BEATY, Chair p n
e o
PLANNING COMMISSION RESOLUTION NO. 1975
CONDITIONS OF APPROVAL
CASE NO. CUP 11-80 AMENDMENT #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. 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
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. Final landscape must be submitted and approved by the City's Architectural Review
Commission prior to issuance of any building permits. Plans shall comply with the
parking lot tree planting master plan.
6. 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
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PLANNING COMMISSION RESOLUTION NO. 1975
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
7 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, TUMF, School Mitigation
and Housing Mitigation fees.
8. The project's setbacks shall conform to standards in Section 25.20 of the City's
Zoning Ordinance.
Public Works Department:
N/A
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, 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. 10.401.
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:
a) gpm for multi -family structure2500
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:
a) 165 feet 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. 1975
5. Install a complete fire sprinkler system per NFPA 13 R. The post indicator valve
and fire department condition 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 as per NFPA 13R. The building area of
additional floors is added in for cumulative total square footage. Exempted are one
and two family dwellings.
6. 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.
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 portable fire extinguishers per NFPA, Pamphlet #10, but not les 2A10BC 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
9. The minimum width of interior driveways for multi -family or apartment complexes
shall be:
a) 24 feet wide when serving Tess than 100 units, no parallel parking,
carports or garages allowed on one side only.
10. All new residences/dwellings are required to have illuminated residential addresses
meeting both the City and Fire Department approval. Shake shingle roofs are no
longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert.
11. 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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