HomeMy WebLinkAboutRes No 2226PLANNING COMMISSION RESOLUTION NO. 2226
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A FOUR UNIT, ONE-STORY,
APARTMENT PROJECT AT 73-765 SHADOW MOUNTAIN
DRIVE.
CASE NO. CUP 03-15
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of October, 2003, hold a duly noticed public hearing to consider the request by
Choice Enterprise, for the above mentioned application; 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 for the 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 the granting of said conditional
use permit:
1. The proposed location of the conditional use as conditioned is in accord with
the objectives of the zoning ordinance and the purpose of the district in which
the site is located.
2. The proposed location of the conditional use and the conditions under which
it will be operated and maintained will not be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. The proposed conditional use complies with the goals, objectives, and
policies of the city's adopted 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 03-15 is hereby granted, subject to
the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2226
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on the 7th day of October, 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
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ONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2226
t,,, CONDITIONS OF APPROVAL
CASE NO. CUP 03-15
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 statues 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
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. The 5' x 31' median planter in the driveway shall incorporate rolled concrete curbs
and shall incorporate low -growth shrubs and ground cover.
6. The 2 foot high raised planter adjacent to the rear property line shall incorporate an
18 to 24 inch wide concrete or masonry seating ledge.
7. This project shall be subject to final approval by the Architectural Review
Commission.
PLANNING COMMISSION RESOLUTION NO. 2226
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 a grading permit.
2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
3. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans/site improvement plans shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits.
4. Landscape installation on the property frontages and common areas shall be water
efficient in nature and shall be in accordance with the City of Palm Desert landscape
design standards. Landscaping maintenance for said landscape 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 the issuance of any
permits associated with this project.
6. 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.
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 improvements shall
include city standard sidewalk and driveway installation with plans to be approved
by the Public Works Department and a surety posted to guarantee the installation of
all required offsite improvements prior to permit issuance.
8. Applicant shall comply with the provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust (PM10) Control as well as Section 24.20 Stormwater
Management and Discharge Control.
9. 6' sidewalk shall be required along Shadow Mountain Drive.
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PLANNING COMMISSION RESOLUTION NO. 2226
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 with attic coverage fire sprinkler. 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 Tess 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 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
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PLANNING COMMISSION RESOLUTION NO. 2226
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. 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. Plans for
underground fire line systems require approved plans.
13. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
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