HomeMy WebLinkAboutRes No 2236PLANNING COMMISSION RESOLUTION NO. 2236
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN / CONDITIONAL USE PERMIT TO
CONSTRUCT A 6,192 SQUARE FOOT, TWO-STORY OFFICE
BUILDING AND APPROVING A VARIANCE TO SECTION
25.25.016.B OF THE REDUCTION OF A MINIMUM SIDE YARD
SETBACK FROM FIVE (5) FEET TO ZERO TO ALLOW THE
REPLACEMENT OF AN OLDER BUILDING WITH A NEW 6,192
SQUARE FOOT, TWO-STORY, OFFICE BUILDING LOCATED
AT 44-650 MONTEREY AVENUE.
CASE NOS. PP / CUP 03-16 AND VAR 03-03
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 2nd day of December, 2003, hold a duly noticed public hearing to a consider a
request by HOWARD HAIT for the above mentioned; 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 granting approval of
said precise plan/conditional use permit and variance:
FINDINGS FOR APPROVAL OF A PRECISE PLAN / CONDITIONAL USE
PERMIT:
1. The proposed location of the use is in accord with the objectives of the
zoning ordinance and the purpose of the district in which it is located.
2. The proposed location of the 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.
3. The proposed use will comply with each of the applicable provisions of the
zoning ordinance, except for approved variances or adjustments.
4. That the proposed use complies with the goals, objectives and policies of
the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 2236
FINDINGS FOR VARIANCE (SECTION 25.16.050):
1. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the ordinance codified in this
title.
• The objective of the OP zone's five-foot side yard setback when
adjacent to an R-1 zone is to provide a separation distance between
an office building and an adjacent single family home. However, this
fundamental objective of the Zoning Ordinance does not apply in this
case because there is no single family home to the north. Adjacent to
the site's northerly property line is an existing 18-foot wide planter and
44-foot wide driveway with median that provides access to an
institutional use — the two-story Hacienda de Monterey assisted living
facility. The strict or literal interpretation of the OP zone's five-foot side
yard setback on this narrow and odd -shaped parcel would be
inconsistent with the objectives of the Zoning Ordinance.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
that do not apply generally to other properties in the same zone.
• Exceptional or extraordinary circumstances or conditions applicable to
the property involved that do not apply generally to other properties in
the City that are zoned OP are as follows: (a) this is an older property
created under the County of Riverside with an existing narrow lot width
(60') that is below the OP zone's 70' minimum lot width and (b)
although the property to the north is zoned R-1, the existing use is
institutional and the nearest building is located 100' away. Therefore,
these exceptional circumstances justify granting a variance to reduce
the northerly side yard setback from five feet to zero.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same vicinity and zone.
• Even though properties in the same vicinity to the south are zoned OP,
they are not subject to five foot side yard setbacks because they are
adjacent other OP zoned properties on the sides; thus, these other OP
zoned properties have zero interior side yard setbacks. The closest
physical improvements on the adjacent parcel to the north consist of
an 18'-wide planter and a 44'-wide driveway and the nearest building
on that parcel is 100 feet from the project site's northerly property line.
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PLANNING COMMISSION RESOLUTION NO. 2236
Therefore, based on these circumstances, the strict or literal
interpretation and enforcement of the OP zone's five foot side yard
setback along the site's northerly property line would deprive the
applicant of privileges enjoyed by the owners of other OP zoned
properties in the same vicinity.
4. That the granting of the variance or adjustment will not be detrimental to
the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
• The proposed building will not have any windows on the north
elevation where the side yard reduction is being requested and
decorative layered mural resembling mountains is proposed on this
wall. An 18-foot wide planter exists on the property to the north and
the closest building is 100 feet from the project site's northerly property
line. Thus, the granting of the variance will not be detrimental to the
public health, safety, or welfare, or 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.
2. That approval of the Precise Plan / CUP 03-16 and VAR 03-03 are 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 2nd day of December 2003, by the following vote, to
wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Li m .1 `� �-C-ram- ✓t!� t-- -�
SONIA M. CAMPBELL, Chairperson
ZEST: j f
PHILIP DRELL, S cretary
Palm Desert Plan ing Commission
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PLANNING COMMISSION RESOLUTION NO. 2236
CONDITIONS OF APPROVAL
CASE NOS. PP / CUP 03-16 & VAR 03-03
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 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 off-street parking
requirements in Section 25.58 of the Zoning Ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2236
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 977 and Resolution 01-06. To help accomplish this, the applicant's
final landscape plan shall show the planting of two 24-inch box size shade trees in
planters adjacent to parking spaces # 11 and #15.
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 building
permits including, but not limited to, Art in Public Places, TUMF, School Mitigation
and Housing Mitigation fees.
12. With the exception of the northerly side yard setback of zero (granted by Variance
03-03), the project's setbacks shall conform to standards in Section 25.25.016
(Office Professional building heights and setbacks) of the City's Zoning Ordinance.
13. Prior to the issuance of building permits, the applicant shall record, after approval
by the City Attorney to the City Attomey, a mutual access easement for the shared
driveway with the parcel to the south.
14. The applicant shall develop a parking management plan for the project site prior to
issuance of building permits, subject to approval by the Director of Community
Development.
15. In the event that the raised mural design proposed for the building's north
elevation becomes unfeasible to implement, an altemative north elevation design
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PLANNING COMMISSION RESOLUTION NO. 2236
shall be developed and shall be subject to approval by the City's Architectural
Review Commission prior to the issuance of building permits.
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.
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 shalt 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 frontage as well as on -site shall be
drought tolerant in nature and maintenance shall be provided by the property
owner.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20, Storm water Management and
Discharge Control.
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PLANNING COMMISSION RESOLUTION NO. 2236
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 including:
Remove existing driveway approach and replace with standard city curb, gutter
and sidewalk.
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 along the project frontage will be prohibited and the curb shall be painted
red by the developer.
15. Applicant shall provide proof of a reciprocal access easement to the property south
of the subject project.
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:
3000 gpm for commercial buildings
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PLANNING COMMISSION RESOLUTION NO. 2236
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' 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.
9. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC
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 less 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.
13. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained with twelve months.
14. Building will require two fire hydrants minimum.
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