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HomeMy WebLinkAboutRes No 2285PLANNING COMMISSION RESOLUTION NO. 2285 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY RANCHO MIRAGE BUILDERS, INC., FOR APPROVAL OF A PRECISE PLAN OF DESIGN/ CONDITIONAL USE PERMIT AND A SETBACK VARIANCE FOR A 2,140 SQUARE FOOT OFFICE BUILDING ON THE NORTH SIDE OF ALESSANDRO DRIVE BETWEEN SAN JOSE AND SAN JACINTO AVENUE, 73-900 ALESSANDRO. CASE NOS. PP/CUP 04-1 1 AND VAR 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of August, 2004, hold a duly noticed public hearing to consider the request of Rancho Mirage Builders, Inc., for the above noted precise plan/conditional use permit and setback variance; 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 for purposes of CEQA 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 setback variance and precise plan/conditional use permit: FINDINGS FOR APPROVAL OF FRONT SETBACK VARIANCE: 1. The property is a small lot which will be rendered even smaller because it has been conditioned to dedicate part of its easterly portion for the creation of a cul-de-sac on San Jacinto Avenue. Strict enforcement of the setback requirement would severely limit the amount of building which can be constructed. Granting of this variance to reduce the front setback from 15 feet to five (5) feet will still result in the building being aligned with the residential unit adjacent to the north and will comply with the 1:1 setback for code to the building height requirement. 2. As noted previously, this small lot has been conditioned to dedicate its easterly portion for a future cul-de-sac on San Jacinto. The variance would not be necessary, but for the cul-de-sac dedication. This street widening condition does not apply generally to other properties in the same zone. PLANNING COMMISSION RESOLUTION NO. 2285 3. The property is a small lot. The street dedication will reduce its size further. Without the variance, the building size would be reduced by at least 25%, therefore making the project economically infeasible. This is the only lot of this size, which has been conditioned to provide street dedication for a future cul-de-sac. 4. Even with the variance to the front setback this building will still align with the existing residence to the north and will comply with the building height to setback for code provisions of the code. Granting of the variance will not be detrimental to the public health, safety or welfare or injurious to properties or improvements in the vicinity. FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT: 1. The proposed office building is a permitted conditional use in the R-3 zone district when it is located across the street from commercially zoned property, which is the case in this instance. 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. 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 properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of 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. 2 PLANNING COMMISSION RESOLUTION NO. 2285 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 Planning Commission in this case. 2. That approval of Precise Plan/Conditional Use Permit 04-1 1 and Variance 04-02 are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of Auaust, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TSC !'P, JONATHAN NOES: NONE ABSENT: LOPEZ ABSTAIN: NONE ATTEST: ,(21L PHILIP DRELL,`Secretary Palm Desert Planning Commission 3 SABB • A -I" AN, Chairperson PLANNING COMMISSION RESOLUTION NO. 2285 CONDITIONS OF APPROVAL CASE NOS. PP/CUP 04-11 AND VAR 04-02 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, 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. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. Access to trash/service areas shall be placed so as not to conflict with parking area. 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 except as otherwise altered by this resolution. 4 J PLANNING COMMISSION RESOLUTION NO. 2285 7. Parking lot lighting shall be limited to down shining bollard lights, maximum 48 inches in height. Any building lighting shall be submitted to Community Development staff for approval, subject to applicable lighting standards. 8. Final landscape plans shall comply with the Parking Lot Tree Planting Master Plan and must be approved by the City's Architectural Review Commission. 9. 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. 10. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, school mitigation and housing mitigation fees. 11. All roof -mounted and ground -mounted equipment must be screened from adjacent properties and from the public right-of-way. 12. That the north and west ends of the site be enclosed by a minimum six-foot wall measured from the pad height and shall be installed at the beginning of the project construction. All site walls shall be finished to match the building finish. 13. That all maintenance indoors and outdoors shall be conducted during regular office hours Monday through Friday 8:00 a.m. to 5:00 p.m. Department of Public Works: 1. Appropriate fees shall be paid prior to issuance of permits, including the following: • Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 5 PLANNING COMMISSION RESOLUTION NO. 2285 • Signalization fees, in accordance with City of Palm Desert Resolution No. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. Transportation Uniform Mitigation Fees shall be paid prior to the issuance of any building permits associated with this project. 2. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Subject improvements shall include, but not be limited to: • • • • • • • Installation of a 24-foot wide drive approach on Alessandro Drive. Installation of a minimum six-foot wide sidewalk on the project frontages. Installation of water efficient landscaping on project frontages, including on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627-182-012). Modification of San Jacinto Avenue to a width sufficient to construct a cul-de-sac as shown on the Site Plan dated 07/19/2004, Sheet Number A-000, prepared by Alfred H. Cook, AIA. The developer shall prepare and execute appropriate documents for abandonment of the westerly one-half portion the cul-de-sac on San Jacinto Avenue. Design of San Jacinto Avenue shall be subject to the review and approval of the Fire Marshal and the Director of Public Works. The abandonment proceedings shall be completed prior to issuance of any permits associated with this project. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 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. All off -site improvements shall be completed prior to issuance of any certificate of occupancy for this project. 3. All private driveways and parking lots shall be inspected by the Engineering Department and a standard inspection fee paid prior to the issuance of a grading permit. 4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Landscaping plans shall be submitted for review concurrently with 6 PLANNING COMMISSION RESOLUTION NO. 2285 grading plans. Landscaping shall be water efficient, conforming to Chapter 24.04 of the Palm Desert Municipal Code. 5. Proposed building pad elevations are subject to review and modification in accordance with Title 27 of the Palm Desert Municipal Code. 6. 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. 7. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. The developer shall make arrangements for maintenance of landscaping on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627-182-012). 8. The project shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM 10) Control. Developer shall contact the Riverside County Flood Control District for informational materials. 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 Codes, appropriate NFPA Standards, CFC, and 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. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual operating 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 3,000 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' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 7 PLANNING COMMISSION RESOLUTION NO. 2285 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 portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7. 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 Tess than 24' 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' wide and 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. 8. 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". 9. All buildings shall have illuminated addresses of a size approved by the City. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 1 1 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. // 8