HomeMy WebLinkAboutRes No 2228PLANNING COMMISSION RESOLUTION NO. 2228
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN FOR CONSTRUCTION OF A 9,000 SQUARE FOOT
GROSS, 7,650 SQUARE FOOT NET OFFICE MEDICAL BUILDING
AND A CONDITIONAL USE PERMIT TO ALLOW AN OFFICE
PARKING LOT ON RESIDENTIAL PROPERTY. THE SUBJECT
PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF
FRED WARING DRIVE AND SAN ANSELMO AVENUE.
CASE NO PP/CUP 03-12:
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 DESERT ASSOCIATES, L.L.C. for approval of the above noted; 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 32 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 approval of the
said request:
1. The proposed location of the office complex as it is conditioned is in
accord with the objectives of the original Palma Village Specific Palm and
zoning ordinance.
2. As conditioned, the proposed precise plan and conditional use permit
complies with each of the applicable provisions of this title.
3. The proposed location of the office complex 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.
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. 2228
2. That approval of Precise Plan 03-12 is hereby granted, subject to conditions
attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of October, 2003, by the following vote, to
wit:
AYES: FINERTY, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: JONATHAN
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla Wing Commission
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2228
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 03-12
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. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
7 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
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PLANNING COMMISSION RESOLUTION NO. 2228
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.
8. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
9. 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.
10. The applicant shall submit a tenant improvement plan for review by the
Community Development Director.
11. 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.
12. Approval of a zero setback at the east property line is subject to the approval by
the City Council of the change of zone for Lot 25 to the east of the project (C/Z
03-12). If the change of zone is not approved, the site plan will have to be
redesigned to have a five-foot setback at the east property line.
13. The applicant will construct a temporary bus shelter.
14. That the applicant shall install a six-foot high block wall adjacent to residential
zoned property along the east and south property lines.
15. That the applicant shall locate the proposed trash enclosure away from the
residential zoned property as approved by the Architectural Review Commission.
16. Installation of the block walls adjacent to the residential zoned property shall be
installed prior to the commencement of grading and building construction.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Ordinance No. 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 any permits associated with this
project.
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PLANNING COMMISSION RESOLUTION NO. 2228
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
4. 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 a grading permit.
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.
8. Landscape installation on the property frontages as well as on -site shall be
drought tolerant in nature and the property owner shall provide maintenance.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20, Stormwater Management and
Discharge Control.
10. 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 for review concurrently
with grading plans.
11. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
12. 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 and the city's Circulation Network:
• Installation of a 6' wide sidewalk on San Anselmo Avenue and Santa
Rosa Way
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PLANNING COMMISSION RESOLUTION NO. 2228
• Remove existing driveway approach on San Anselmo Avenue and replace
it with a standard curb and gutter.
13. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with one driveway approach permitted to serve this
property.
14. Parking on Fred Waring Drive along the project frontage will be prohibited and
the curb shall be painted red by the developer.
15. Applicant shall make an irrevocable offer for a minimum 18-foot wide reciprocal
access easement to the property east of the subject project.
16. Project shall dedicate an additional 12 feet of right-of-way for a bus bay / shelter
for 60 feet of the Fred Waring Drive frontage with 60 foot transitions on both
sides, and shall be responsible for construction of a temporary shelter in
accordance with the memo from Frankie Riddle dated July 7, 2003, as shown on
Sheet A1.1 Site Plan "C" date stamped October 2, 2003.
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 commercial buildings per UFC Article 87.
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.
2. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of:
a) 3000 for commercial structure.
3. The required fire flow shall be available from a wet barrel Super Hydrant 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.
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
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PLANNING COMMISSION RESOLUTION NO. 2228
5. Install a complete NFPA 13R 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 less than 25' from the building and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
6. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored as required by the UBC Chapter 9.
7. Install a fire alarm system as required by the UBC Chapter 3.
8. Install portable fire extinguishers per NFPA, 10, but not less than 2A1OBC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
9. 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 allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains
or garden islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restrictive.
10. All buildings shall have illuminated addresses of a size approved by the city.
11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
12. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
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