HomeMy WebLinkAboutRes No 2163PLANNING COMMISSION RESOLUTION NO. 2163
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION OF A SINGLE -STORY 5,052 SQUARE
FOOT OFFICE BUILDING INCLUDING A 2,000 SQUARE
FOOT MEDICAL OFFICE SUITE LOCATED AT 44-550
VILLAGE COURT 1,400 FEET NORTH OF HIGHWAY 1 1 1.
CASE NO. PP/CUP 02-13
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of October, 2002, hold a duly noticed public hearing to consider the
request of K-W REAL ESTATE LLC for the above mentioned 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 is a Class 3 Categorical Exemption; 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:
1. The design of the precise plan/conditional use permit will not
substantially depreciate property values, nor be materially injurious to
properties or improvements in the vicinity.
2. The precise plan/conditional use permit 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/conditional use permit 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 Planning Commission in this case.
2. That approval of Precise Plan/Conditional Use Permit 02-13 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2163
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of October, 2002, by the following vote,
to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSC HOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CINbY FINERY, Chairperson
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2163
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 02-13
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. 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. 2163
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.
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 No. 977 and Resolution No. 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 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.
11. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF,
school mitigation and housing mitigation fees.
12. The project's setbacks shall conform to standards in Section 25.25 of the City's
Zoning Ordinance.
13. Prior to the issuance of building permits, the applicant shall record, in a form
acceptable to the City Attorney, a mutual access easement with the property
to the west.
14. That a medical / dental office occupying a maximum of 2,000 square feet shall
be permitted.
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PLANNING COMMISSION RESOLUTION NO. 2163
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 the issuance of any permits associated with this
project.
2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
office classification. Payment of said fees shall be at the time of building permit
issuance.
3. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to the Department of Public Works prior to the issuance of a
grading permit.
4. Landscape installation on the Village Court property frontage shall be water
efficient in nature and maintenance shall be provided by the property owner.
5. 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.
Preliminary landscape plans shall be submitted concurrently with grading plans.
6. All private improvements shall be inspected by the Department of Public Works and
a standard inspection fee shall be paid prior to issuance of any permits associated
with this project.
7. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
8. Prior to the issuance of any permits associated with this project, applicant shall
provide evidence of recorded mutual access easements for the subject parcel and
directly abutting parcels.
9. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive
Dust Control.
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
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PLANNING COMMISSION RESOLUTION NO. 2163
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 3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"
x 2.5" x 2.5", located not Tess than 25 feet nor more than 150 feet 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 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 Tess 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.
9. Install portable fire extinguishers per NFPA 10, but not less than 2A1OBC
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 buildings 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 Tess 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 36 feet wide and 32 feet wide with parking on one side. Dead-
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PLANNING COMMISSION RESOLUTION NO. 2163
end roads in excess of 150 feet shall be provided with a minimum 45 foot
radius turn -around, 55 foot radius in industrial developments.
1 1 . All buildings shall have illuminated addresses of a size approved by the City.
12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
13. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
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