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HomeMy WebLinkAboutRes No 2108PLANNING COMMISSION RESOLUTION NO. 2108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN FOR A 3,794 SQUARE FOOT COMMERCIAL BUILDING ON THE NORTH SIDE OF HIGHWAY 111, 500 FEET WEST OF LAS PALMAS AVENUE, 73-330 HIGHWAY 1 1 1. CASE NO. PP 01-26 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 2002, hold a duly noticed public hearing to consider the request of LEWIS BISHOP, Architect, for the above described 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. 00-24," in that the Director of Community Development has determined that the project is a Class 4 categorical exemption for purposes of CEQA; 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: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of 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 01-26 is hereby granted, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2108 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 2002, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 OPEZ, air;; rson PLANNING COMMISSION RESOLUTION NO. 2108 CONDITIONS OF APPROVAL CASE NO. PP 01-26 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. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 PLANNING COMMISSION RESOLUTION NO. 2108 7. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 9. That the applicant shall grant to the City an irrevocable easement for parking purposes on the property he owns on the north side of the alley. Said lot being Lot 98 Palma Village Unit 7. 10. That until the parking lot on Lot 98 Palma Village Unit 7 is constructed, the upper floor of the project shall be limited to storage purposes only and the first floor west portion shall be limited to a golf business. Should the applicant wish to change either or both of these uses prior to the City completing the parking improvements on the north lot, the applicant shall first complete the parking improvements at his expense consistent with the number of spaces necessary to comply with the ordinance. 1 1 . 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. That the applicant shall dedicate widening for the alley to be added to the north side of the alley to create minimum alley width of 24 feet. Department of Public Works: 1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 4 PLANNING COMMISSION RESOLUTION NO. 2108 2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall e at the time of building permit issuance. 3. 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. 4. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 5. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 6. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature. 7. 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 to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 9. In accordance with Palm Desert Municipal code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 5 PLANNING COMMISSION RESOLUTION NO. 2108 1 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal code and Palm Desert Ordinance No. 653, shall be paid prior to issuance of a grading permit. 12. Trash enclosure shall be located within the property lines of this project. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1,500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of 3,000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super hydrant(s) (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 travelways. 5. Install a complete fire sprinkler system per NFPA 13. This applies to all buildings with 3,000 square foot 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. 6. All valves controlling the water supply for automatic sprinkler systems and waterflow switches shall be monitored and alarmed per UBC Chapter 9. 7. Install a fire alarm system as required by the UBC Chapter 3. 6 PLANNING COMMISSION RESOLUTION NO. 2108 8. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 9. 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 not be Tess than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street, the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turnaround, 55' in industrial developments. 10. Whenever access into private property is controlled through use of gates, barriers or other means, provisions shall be made to install a "Knox Box" key override system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 11. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstances shall a dead end over 1,300' be accepted. 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 to the Fire Marshal 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 12 months. 7