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HomeMy WebLinkAboutRes No 1988PLANNING COMMISSION RESOLUTION NO. 1988 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN FROM HIGH DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL, A CHANGE OF ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) AND A PRECISE PLAN OF DESIGN FOR A 5,700 SQUARE FOOT SINGLE STORY PROFESSIONAL OFFICE BUILDING AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR PROPERTY LOCATED ON THE EAST SIDE OF SAN PABLO FROM 221 FEET SOUTH OF CATALINA WAY TO SAN GORGONIO WAY AND INCLUDING PROPERTY AT THE SOUTHWEST CORNER OF SAN GORGONIO WAY AND SAN CARLOS AVENUE, 44-550 SAN PABLO AVENUE. CASE NOS. GPA 00-02, C/Z 00-03, PP 00-05 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of May, 2000, hold a duly noticed public hearing to consider the request of CARL L. KARCHER for approval of the above noted cases; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 00-24", in that the Director of Community Development has determined that the project will not have a significant 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 persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify recommending to City Council approval of said request: 1. The site is suitable for the general plan amendment. 2. The zone change is consistent with the general plan amendment. 3. The precise plan is consistent with the intent and purpose of the O.P. zone district. 4. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 5. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. PLANNING COMMISSION RESOLUTION NO. 1988 6. 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 General Plan Amendment 00-02, Change of Zone 00-03 and Precise Plan 00-05 are hereby recommended to City Council, subject to the attached conditions. (GPA 00-02 and C/Z 00-03 shown on attached Exhibit B.) 3. That a Negative Declaration of Environmental Impact, Exhibit A attached, is recommended for certification. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd, day of May, 2000, by the following vote, to wit: AYES: CAMPBELL, FINFRTY, JONATHAN, LOPEZ, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DREL Palm Desert Secretary lanning Commission 2 PAUL R. BEATY, Chairperso old PLANNING COMMISSION RESOLUTION NO. 1988 CONDITIONS OF APPROVAL CASE NO. PP 00-05 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. 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 and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 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 3 PLANNING COMMISSION RESOLUTION NO. 1988 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. 8. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the Zoning Ordinance. 9. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 10. Final landscape plans shall comply with the parking lot tree planting master plan and shall be approved by the Architectural Review Commission. 11. 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. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, 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. 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 grading permit. Such improvements shall include, but not be limited to, city standard concrete 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. 4 PLANNING COMMISSION RESOLUTION NO, 1988 4. 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. 5. 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. 6. Landscaping maintenance on San Pablo Avenue shall be the responsibility of the property owner. 7. 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. 8. Size, number and location of driveways shall be to the specifications of the Department of Public Works with only one driveway approach to be allowed to serve this property. The driveway design shall be a minimum width of twenty-four feet and shall be located approximately 100 feet south of the north project property boundary. 9. 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. 10. Building pad elevations for the proposed development are subject to review and approval in accordance with Section 27 of the Palm Desert Municipal Code. 1 1 . The applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM 10) Control. 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, 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. 10.301 C. 5 PLANNING COMMISSION RESOLUTION NO. 1988 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 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"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' 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, 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 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. 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 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. 10. Commercial buildings shall have illuminated addresses of a size approved by the city. 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. 6 PLANNING COMMISSION RESOLUTION NO. 1988 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 1 5070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 00-02, C/Z 00-03, PP 00-05 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Carl L. Karcher 72-875 Fred Waring Drive, Suite C Palm Desert, CA 92260 A general plan amendment from high density residential to office professional and a change of zone from R-3 (multifamily residential) to 0.P. (office professional) for property on the east side of San Pablo from 221 feet south of Catalina Way to San Gorgonio Way. Change of zone includes property at southwest corner of San Gorgonio Way and San Carlos Avenue. Project also includes a request for approval of a precise plan of design and Negative Declaration of Environmental Impact for a 5,700 square foot single story office building on part of the above property, specifically three Tots on the east side of San Pablo known as 44-550 San Pablo. 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. 00 PHILIP DRELLt DATE DIRECTOR 0 COMMUNITY DEVELOPMENT 7 0 0 Mt 0 W 3 44667 44775 44795 M General Plan Amendment High Density Residential to Office Professional and Zone Change R-3 to O.P. MI Change of Zone R-3 to O.P. l CATALINA WAY 44700 44750 44790 44820 ALESSANDRO DR 73575 CATALINA WAY eliyYam _Deeed Case No.GPA 00-02 C/Z 003-PLANNING COMMISSION GENERAL PLAN AMENDMENT 1988 RESOLUTION NO. CHANGE OF ZONE EXHI • IT Date: MAY 2. 2000 11)