HomeMy WebLinkAboutRes No 2183PLANNING COMMISSION RESOLUTION NO. 2183
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
DEVELOPMENT OF A 14,400 SQUARE FOOT PORTION OF A
9.35-ACRE PARCEL LOCATED AT 43-775 DEEP CANYON
ROAD FOR A 8,489 SQUARE FOOT EXPANSION OF THE
SACRED HEART ELEMENTARY SCHOOL.
CASE NO. CUP 85-02 AMENDMENT #2
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 4th day of February, 2003, hold a duly noticed public hearing to a consider a request
by THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO 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. 02-60," in that the Director of Community Development has determined
that the proposed project is a Class 32 categorical exemption per Section 15332 (In -fill
Development Projects) of CEQA Guidelines and no further documentation is necessary;
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 conditional use permit:
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.
• The proposed elementary school expansion as designed is compatible with
the existing school, adjacent church and associated parking lot, and nearby
residential uses. The school expansion is allowed with approval of a
conditional use permit by the Planning Commission.
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, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2183
• The conditions under which this use will be operated will assure that the use
will not be detrimental to the public health, 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.
• The use will comply with all provisions of the City's zoning ordinance.
4. That the proposed conditional use complies with the goals, objectives and
the policies of the City's general plan.
• The school is compatible with the surrounding land uses and is consistent
with the goals and objectives of the City's General Plan.
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 Conditional Use Permit 85-02 Amendment #2 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 February 2003, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
s(/k.t..727
Y FINERI`)f, Chairperson
ATTEST:
PHILIP DRELSecretary
Palm Desert PIbnning Commission
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CItJD
PLANNING COMMISSION RESOLUTION NO. 2183
CONDITIONS OF APPROVAL
CASE NO. CUP 85-02 AMENDMENT #2
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2183
6. 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, TUMF and School
Mitigation fees.
7. All previous conditions associated with CUP 85-02 and CUP 92-07 shall continue
to be in effect.
8. That the proposed gate in the west perimeter wall be relocated to provide access
directly to the existing residence located at 43-726 Florine to prevent vehicle and
pedestrian access from Florine.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55.
2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance.
3. 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.
4. Landscape installation on the Florine Avenue property frontage shall be water
efficient in nature and maintenance shall be provided by the property owner.
5. 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.
6. 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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2183
8. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge 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
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"x2-1/2" x2-1/2", located not less 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 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. 2183
9. Install portable fire extinguishers per NFPA 10, but not less than one 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 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
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 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. This project may require licensing by a state or county agency. To facilitate plan
review, the applicant shall prepare and submit to the Fire Marshal a letter of intent
detailing the proposed usage and occupancy type.
13. All buildings shall have illuminated addresses of a size approved by the city.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction. Plans
for underground fire line system require approved plans.
15. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
All questions regarding the meaning of these conditions should be referred to the
Fire Marshal Office at (760) 346-1870; 70-801 Highway 111, Rancho Mirage, CA
92270
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