HomeMy WebLinkAboutRes No 2128PLANNING COMMISSION RESOLUTION NO. 2128
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
A PRECISE PLAN OF DESIGN FOR A 4-UNIT APARTMENT
COMPEX LOCATED ON THE EAST SIDE OF SAN RAFAEL
AVENUE AND NORTH OF SAN GORGONIO AVENUE. THE
PROPERTY IS ALSO REFFERED TO AS 43-560 SAN RAFAEL
AVENUE AND A.P.N. 627-142-020.
CASE NO. PP 02-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of June, 2002, hold a duly noticed public hearing to a consider a request by
WINDEMERE DEVELOPERS, INC. for the above mentioned; 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. 00-24," in that the Director of Community Development has determined that the project is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per Section 15332 (Class 32, In -Fill Development Projects) of CEQA Guidelines; 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.
PLANNING COMMISSION RESOLUTION NO. 2128
2. That approval of the Precise Plan 02-04 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 4th day of June, 2002, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, lecretary
Palm Desert Planning Commission
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CINDY FINER , Chairperson
PLANNING COMMISSION RESOLUTION NO. 2128
CONDITIONS OF APPROVAL
CASE NO. PP 02-04
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
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.
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PLANNING COMMISSION RESOLUTION NO. 2128
7 If outdoor lighting is proposed, 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.
8. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to Architectural Review Commission submittal.
9. Final landscape plans shall comply with the City's Parking Lot and Tree Standards
per Ordinance 977 and Resolution 01-06 and must be approved by the City's
Architectural Review Commission.
10. 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 Tong -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.
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, Fringe -Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
12. The applicant must receive final approval of working drawings from the
Architectural Review Commission.
14. Proposed block walls facing a public street, or located within 30 feet of the front
property line, shall use decorative materials such as tan slump block, beige stucco,
or tan split -face block.
15. Trash enclosures wall shall be decorative tan colored slump block, split face block,
or stucco over masonry block. Trash enclosure gates shall be solid metal gates
painted to match the color of trash enclosure walls.
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PLANNING COMMISSION RESOLUTION NO. 2128
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. 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. "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. All private driveways and parking areas shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
5. Landscaping maintenance on San Rafael Avenue shall be the responsibility of
the property owner.
6. 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.
7. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with one 26' wide driveway approach to be allowed
to serve this property.
8. Any and all offsite improvements shall be preceded by the approval of plans by
the Director of Public Works and the issuance of valid encroachment permits by
the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2128
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 the grading permit.
10. Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
11. Applicant shall comply with the provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust (PM10) Control.
Riverside County Fire Marshal:
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 1500 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:
2500 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 Tess than 25 feet nor more than:
165' 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 13R fire sprinkler system with attic protection. This applies to
all buildings with a 3000 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 feet from the
building and within 50 feet 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 and alarmed per UBC Chapter 9.
8. Install a fire alarm system as required by UBC Chapter 3.
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PLANNING COMMISSION RESOLUTION NO. 2128
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC
extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
10. All building shall be accessible by an all-weather roadway extending to within 150 feet
of all portions of the exterior walls of the first story. The roadway shall not be less than
24 feet 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 feet wide, and 32 feet
wide with parking on one side. Dead-end roads in excess of 150 feet shall be
provided with a minimum 45-foot radius turn -around, 55 foot in industrial
developments.
11. 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 over -ride system to
allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum
vertical clearance of 13'-6".
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 with twelve months.
Other:
A stand pipe will be required at rear of project; 4-inch line with two 2.5-inch valves. There will
also be an on -site fire hyrdrant.
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