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HomeMy WebLinkAboutRes No 2018PLANNING COMMISSION RESOLUTION NO. 2018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN / CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION A 5,737 SQUARE FOOT OFFICE BUILDING ON TWO PARCELS LOCATED AT THE SOUTHWEST CORNER OF SAN GORGONIO WAY AND SAN CARLOS AVENUE. THE PROPERTIES ARE ALSO REFFERED TO AS 73-555 SAN GORGONIO WAY AND A.P.N.(s) 627-151-006, & 007. CASE NO. PP/CUP 00-17 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September, 2000, hold a duly noticed public hearing to a consider a request by J.F.K. MEMORIAL FOUNDATION for the above mentioned; 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. 00-24," in that the Director of Community Development has determined that the project will not have a significant negative 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: 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. FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT: 1. That the proposed location of the conditional use is in accord with the objectives of 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, PLANNING COMMISSION RESOLUTION NO. 2018 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, 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 the Precise Plan/Conditional Use Permit 00-17 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 19th day of September, 2000, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL1j Secretary Palm Desert PInning Commission 2 Lk /2- PAUL R. BEATY, Chairperso PLANNING COMMISSION RESOLUTION NO. 2018 CONDITIONS OF APPROVAL CASE NO. PP/CUP 00-17 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 and or departments: Coachella Valley Water District Palm Desert Architectural Review 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. 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. r.. 8. Final landscape plans shall comply with the parking lot tree planting master plan and must be approved by the City's Architectural Review Commission. 3 PLANNING COMMISSION RESOLUTION NO. 2018 9. 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. 10. 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. 11. The project's setbacks shall conform to standards in Section 25.20 of the City's Zoning Ordinance. 12. The applicant shall record, in a form acceptable to the City Attomey, a mutual access easement with the adjacent properties located to the west. 13. All roof -mounted equipment must be screened from adjacent properties and from the public right-of-way. 14. The building shall be limited to a maximum of 2,146 square feet of medical office use. Department of Public Works: 1. 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. 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. 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. 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 4 PLANNING COMMISSION RESOLUTION NO. 2018 Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 5. 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, minimum twenty-four foot wide drive approach, and concrete curb along the easterly side of the alley. "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. 6. 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. 7. Landscaping maintenance on San Gorgonio Way and De Anza Way shall be the responsibility of the property owner. 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 associated with this project. 9. Size, number and location of driveways to the specifications of the Department of Public Works with two driveway approaches to serve this project. 10. 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. 11. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map application for lot merger to create one parcel. 12. 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. 13. 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. 2018 14. The proposed trash enclosure shall be relocated within the project boundary to the satisfaction of the Department of Public Works and Department of Community Development. 15. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 16. 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 Marshal: 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, 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 UFC Article 87. 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) 3000 for commercial structure. 4. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-1/2"x2- 1 /2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water -flow switches shall be monitored as required by the UBC Chapter 9. 6 PLANNING COMMISSION RESOLUTION NO. 2018 8. Install a fire alarm system as required by the UBC Chapter 3. 9 Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. 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' 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. 12. All buildings shall have illuminated addresses of a size approved by the city. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 7 PLANNING COMMISSION RESOLUTION NO. 2018 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 00-17 APPLICANT/PROJECT SPONSOR: J.F.K MEMORIAL FOUNDATION 4711 MONROE ST. INDIO, CA 92201 PROJECT DESCRIPTION/LOCATION: Precise plan to construct a 5,737 square foot office building. The subject properties are located at 73-555 San Gorgonio Way and are also referred to as A.P.N.(s) 627-151-006 & 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. PHILIP DRELL �SEPTEMBER 19, 2000 DATE DIRECTOR OF COMMUNITY DEVELOPMENT 8