HomeMy WebLinkAboutRes No 2259PLANNING COMMISSION RESOLUTION NO. 2259
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA APPROVING A
PRECISE PLAN OF DESIGN FOR A 25,000 SQ. FT. TWO
STORY OFFICE BLDG. ON THE EAST SIDE OF COOK
STREET, 460 FEET SOUTH OF SHERYL AVE.
CASE NO. PP 04-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6' day of APRIL, 2004, hold a duly noticed public hearing to a consider a request by
Alfred Cook/Brian Gottlieb 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 categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per Section 15332 (Class 32, In -Fill Development Projects) of CEQA
Guidelines; 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:
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate property values
nor be materially injurious to the properties or improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment of
the property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan 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 Commission in this case.
2. That approval of the Precise Plan 04-04 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2259
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of April, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DREL , Secretary
Palm Desert P anning Commission
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PLANNING COMMISSION RESOLUTION NO. 2259
CONDITIONS OF APPROVAL
CASE NO. PP 04-04
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 parking requirements in
Section 25.58 of the zoning ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2259
7. Parking lot and building lighting plan shall be in compliance with plans submitted to
staff for approval, subject to applicable lighting standards.
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 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 building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
12. The applicant must receive final approval of working drawings from the
Architectural Review Commission.
Department of Public Works:
1. Any drainage facility construction required for this project shall be contingent
upon a drainage study prepared by a registered civil engineer that is reviewed
and approved by the Department of Public Works prior to start of construction.
The project shall be designed to drain the parking area at the rear of the site to
the Whitewater Channel in accordance with CVWD guidelines, and retain
nuisance water on -site.
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. 2259
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 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, Stormwater Management and
Discharge Control. Applicant shall contact Riverside County Flood Control
District for informational materials.
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.
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PLANNING COMMISSION RESOLUTION NO. 2259
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 the following:
• A raised landscaped center median on Cook Street from the extension of the
south property line of the subject parcel to Sheryl Avenue with a left -turn only
pocket from southbound Cook St. onto the property.
• Additional 12' right-of-way dedication on Cook St. and installation of 8' sidewalk
where existing sidewalk is removed.
• 12' Deceleration lane on Cook St.
Rights -of -way necessary for the installation of the above referenced improvements
shall be dedicated to the city prior to the issuance of any permits associated with this
project.
13. This project shall be limited to one driveway with right turn egress only. Driveway and
parking Tots shall be inspected by the Public Works Department and a standard
inspection fee paid prior to the issuance of a grading permit.
14. Project shall install slope stabilization of the Whitewater Storm Channel in accordance
with CVWD.
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.
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:
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PLANNING COMMISSION RESOLUTION NO. 2259
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 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 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 less 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 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 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. 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. All buildings shall have illuminated addresses of a size approved by the city.
13. 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.
14. 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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