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HomeMy WebLinkAboutRes No 2148PLANNING COMMISSION RESOLUTION NO. 2148 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (PR-5) TO OFFICE PROFESSIONAL, PRECISE PLAN, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN OFFICE PARK CONTAINING UP TO 33,310 SQUARE FEET IN AREA, LOCATED ON 3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NOS. GPA 02-02. C/Z 02-02, PP 02-06 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of August, 2002, hold a duly noticed public hearing to consider the request of NBNA UNIQUE PROPERTIES, LLC, for approval of 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. 02-60," in that the Director of Community Development has determined that the project as mitigated will not have a significant impact 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 its actions, as described below: General Plan Amendment/Change of Zone 1. Office Professional designation at the proposed location is consistent with the General Plan policy of providing convenient office professional services at major arterial intersections. 2. The site provides for adequate design buffers to insure compatibility with adjacent land uses. Precise Plan 1. The design of the project is consistent with the goals and objective of the 0.P. zone and the amended Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2148 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 the Planning Commission does hereby recommend approval to the City Council of GPA 02-02 Exhibit "A," C/Z 02-02 Exhibit "B", PP 02-06 on file in the Department of Community Development, and a Negative Declaration of Environmental Impact Exhibit "C." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of August, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY NOES: NONE I ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ' ecretary Palm Desert Planning Commission 2 CINDY FINEFjY, Chairperson PLANNING COMMISSION RESOLUTION NO. 2148 CONDITIONS OF APPROVAL CASE NO. PP 02-06 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. 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. 3. 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. 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 Desert Sands Unified School District 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. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 3 PLANNING COMMISSION RESOLUTION NO. 2148 7. That pursuant to Resolution No. 90-130 this development shall pay the appropriate office development low income housing mitigation fee. 8. Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan based on 3.90 gross acres. 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. 10. Applicant shall emphasize drought resistant and water conserving plant materials and irrigation technologies into the landscape plan. Parking lot shall conform to shade tree ordinance requirements. 11. A parking lot lighting plan prepared by a lighting engineer shall be required confirming compliance with the city's lighting ordinance, Ordinance No. 642. 12. That the project shall pay statutory school fees for commercial/industrial development. 13. That the applicant shall pay a one time fee of $ 1,000 which shall be forwarded to CVAG to be directed to Multi Species Habitat Conservation Plan funding. 14. That the applicant shall provide for a bus shelter/stop pad and electricity to the pad on Portola with plans to be approved by the City. 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 PLANNING COMMISSION RESOLUTION NO. 2148 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 Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 5. 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. 6. All landscaping shall conform to Section 24.04 "Water -Efficient Landscape" of the Palm Desert Municipal Code. Landscaping maintenance on the Portola Avenue and Frank Sinatra Drive project frontages 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. 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. 9. 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 the following: ► Construction of acceleration/deceleration lanes at all project entries. • Construction of dedicated right turn lane for westbound Frank Sinatra Drive at Shepherd Lane. ► Construction of dedicated right tum lane for southbound Portola Avenue at Frank Sinatra Drive. ► Construct Shepherd Lane paving, curb, gutter and sidewalk to half -street width of 20'. 5 PLANNING COMMISSION RESOLUTION NO. 2148 ► Installation of a street light on the northwest corner of Portola Avenue and Frank Sinatra Drive. Electrical service for this street light shall include service for future traffic signal at this intersection. ► Construction of a minimum eight foot wide concrete meandering sidewalk on all project frontages. ► Installation of appropriate landscape improvements within the existing Frank Sinatra Drive median island. ► A minimum 20' landscape buffer (measured from curb face) shall be provided on all project frontages. Rights-of-way/easements as necessary to accommodate the above noted improvements shall be provided prior to the issuance of any permits associated with this project. "As - built" plans shall be submitted to the Director of Public Works prior to the acceptance of the improvements by the City. 10. 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. Preliminary landscape plans shall be submitted concurrently with grading plans. 11. Size, number and location of driveways to the specifications of the Department of Public Works with three driveway approaches serving this property, one each on Portola Avenue, Frank Sinatra Drive, and Shepherd Lane. The Portola and Frank Sinatra access points shall be limited to right -turn ingress and egress only. The Shepherd Lane driveway shall align with Daisy Lane. 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 6 PLANNING COMMISSION RESOLUTION NO. 2148 i` 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, 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 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 3000 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 travelway. taw 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 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 Tess 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 and alarmed per UBC Chapter 9. 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 one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 PLANNING COMMISSION RESOLUTION NO. 2148 10. 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 less 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 turn -around 55' 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 within 12 months. 8 P.R.-5 1 1 1 1 1 1 O.S. PORTOLA AVE P.R.-5 - J Proposed GPA Low Density Residential To Office Professional a/Yak' 1eee'd Case No. GPA 02-02 PLANNING COMMISSION GENERAL PLAN AMENDMENT RESOLUTION NO. 2148 EXHIBIT A Date: August 20, 2002 P.R.-5 1 1 1 1 1 O.S. P.C.-(2) PORTOLA AVE // Case No. CIZ 02-02 Change of Zone EXHIBIT B P.R.-5 -FRA+tFstrrATI► oR— J Proposed Zoning Change PR-5 To Office Professional PLANNING COMMISSION RESOLUTION NO. 2148 Date: August 20, 2002 PLANNING COMMISSION RESOLUTION NO. 2148 EXHIBIT C Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 02-02, C/Z 02-02, PP 02-06 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: NBNA Unique Properties, LLC 5302 189th Avenue N.E. Sammamish, WA 98074-6201 A general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (0.P.) and a precise plan of design allowing up to 33,310 square feet of office professional use on 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. 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. (1 L-Ptit Est 20, 2002 PHILIP DREL L DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 11