HomeMy WebLinkAboutRes No 2275PLANNING COMMISSION RESOLUTION NO. 2275
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A TWO-STORY ADMINISTRATION
BUILDING FOR THE LIVING DESERT AT 47-900
PORTOLA AVENUE.
CASE NO. CUP 04-12
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of June, 2004, hold a duly noticed public hearing to a consider a request by
THE LIVING DESERT 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 (Class
32, 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:
1. That the proposed location of the conditional use is in accord with the
objectives of the zoning ordinance and the purpose of the district in which it
is located.
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.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 2275
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 Conditional Use Permit 04-12 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 15th day of June, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
i"--STEVS TH, Acting Secretary
Palm Desert Planning Commission
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SABBY J S THAN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2275
CONDITIONS OF APPROVAL
CASE NO. CUP 04-12
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:
City Fire Marshal
Architectural Review Commission
Coachella Valley Water District
Waste Management of the Desert
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. Roof -mounted mechanical equipment shall be screened by parapet walls or
screen walls of a height equal to or greater than the tallest piece of equipment.
The parapet or screen walls shall be architecturally compatible with the building's
design. Construction drawings submitted for plan check review shall include a
roof plan showing locations of roof -mounted mechanical equipment and a
building cross-section drawing showing the heights of parapet or screen walls
and roof -mounted equipment.
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PLANNING COMMISSION RESOLUTION NO. 2275
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. 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.
3. Landscape installation shall be water efficient in nature and maintenance shall be
provided by the property owner.
4. 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.
5. 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.
6. 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. Applicant shall contact the Riverside County Flood Control
District for informational materials.
7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
8. Any drainage facility construction required for this project shall he 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.
9. 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.
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PLANNING COMMISSION RESOLUTION NO. 2275
10. Applicant shall dedicate right -of way up to 24 feet from curbface of Portola Avenue
and cooperate in the construction of a future sidewalk installed by the city
connecting the project entrance to the sidewalk installed by TT 27710 (The
Reserve).
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. 2275
9. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single family residential usage.
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 or 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.
15. 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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