HomeMy WebLinkAboutRes No 2295PLANNING COMMISSION RESOLUTION NO. 2295
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A GENERAL PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE
PROFESSIONAL, A CHANGE OF ZONE FROM R-1 TO OP AND
A PRECISE PLAN TO CONSTRUCT TWO OFFICE BUILDINGS
WITH A TOTAL OF 6,500 SQUARE FEET AT THE SOUHWEST
CORNER OF COOK STREET AND SHERYL AVENUE.
CASE NOS. GPA 04-01, CZ 04-03, PP 04-22
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 st day of September, 2004, hold a duly noticed public hearing to a consider a
request by WILLIAM J. WORZACK 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 in that the Director
of Community Development has determined that the project is a Class 5 (Minor
Alterations in Land Use Limitations) 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 its actions, as
described below:
FINDINGS FOR APPROVAL OF A GENERAL PLAN AMENDMENT AND
CHANGE OF ZONE:
1. When the City Council applied a Study Zone overlay designation to the Low
Density Residential Land Use designation for the project site on March 15,
2004, the Council anticipated that a general plan amendment and change
of Zone applications would be filed to change the land use designation and
zoning to Office Professional once a development plan for the project site
was prepared and filed with the City for review.
2. Since, the adjacent property at the northwest corner of Cook Street and
Sheryl Avenue is designated on the General Plan as Office Professional,
zoned OP, and is developed with an office building, changing the land use
designation zoning classification on the project site to office professional
would facilitate development of a similar and compatible land use.
PLANNING COMMISSION RESOLUTION NO. 2295
3. It is not generally desirable to have single family homes adjacent to a busy
thoroughfare street such as Cook Street due to traffic noise that would
negatively impact the outdoor peace and enjoyment of residents.
4. The site is adequately designed to ensure compatibility with adjacent land
uses.
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. The precise plan is well designed with quality architecture.
2. The precise plan implements the following goals and objectives of the
General Plan Office Professional land use designation:
a. The Office Professional designation is assigned to lands that provide
comparative advantages for office developments, with use
characteristics that enhance compatibility with residential and other
sensitive land uses.
b. Professional office lands serve as effective buffer or transitional uses
between commercial and residential neighborhoods, and provides
convenient professional office services to surrounding residents and
businesses.
c. Office use is appropriate along arterial roadways, integrated with
commercial development, and as stand-alone business parks.
3. The precise plan complies with zoning ordinance requirements. Adequate
on -street parking exists to meet the short term requirements of the project.
The applicant shall participate financially in the long term parking solution
as described in the General Plan.
4. The design of the precise plan will not depreciate property values in the
vicinity, nor be materially injurious to properties or improvements in the
vicinity.
5. 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.
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PLANNING COMMISSION RESOLUTION NO. 2295
6. 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 General Plan Amendment 04-01 (attached hereto as Exhibit A) and
Change of Zone 04-03 (attached hereto as Exhibit B) are hereby
recommended for approval to the City Council.
3. That approval of the Precise Plan 04-22 is hereby recommended for
approval to the City Council subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 21 st day of September, 2004, by the following
vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: NONE
ABSTAIN: JONATHAN
c
ATTEST:
( ,.�/"/%.t,z_
STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
DAVE TSCHOPP, Vice Cha�tn
PLANNING COMMISSION RESOLUTION NO. 2295
CONDITIONS OF APPROVAL
CASE NO. PP 04-22
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
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. 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 areas. Said placement shall be
approved by applicable trash company and Department of Community
Development. The applicant shall submit a site plan with trash enclosure locations
noted and trash enclosure construction details to Waste Management of the
Desert for review and issuance of an approval letter. A copy of said approval letter
shall be furnished to the Planning department prior to issuance of building permits.
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PLANNING COMMISSION RESOLUTION NO. 2295
6. 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.
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
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. 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.
9. All roof -mounted mechanical equipment shall be screened by a parapet wall that is
at least as high as the highest piece of mechanical equipment. Construction
drawings submitted for plan check shall include a roof plan showing locations of
any roof -mounted mechanical equipment and cross-section drawings showing
parapet wall heights as well as heights of roof -mounted mechanical equipment.
10. Related Parcel Map Waiver No. 04-15, which proposes to merge the four project
site parcels into two parcels, shall be approved and recorded prior to the issuance
of building permits for the proposed office buildings.
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. The
project shall be designed to retain nuisance waters onsite. 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.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
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PLANNING COMMISSION RESOLUTION NO. 2295
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 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, and
shall be completed prior to issuance of any certificate of occupancy for the project.
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 are 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 performed 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.
Developer shall contact the 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 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
6
PLANNING COMMISSION RESOLUTION NO. c) (2W 5-
Desert Municipal Code, shall be installed in accordance with applicable City standards
and the city's Circulation Network. Those improvements shall include, but not be
limited to the following:
a. Installation of a 6' wide concrete sidewalk on Sheryl Avenue.
b. Dedication of 11 feet on Cook Street, 55' from centerline.
Rights -of -way and/or easements necessary for the installation of the above referenced
improvements shall be conveyed to the city prior to the issuance of any permits
associated with this project.
13. This project shall be limited to two driveways. Driveways 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.
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:
tam. 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' 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 Tess than 25 feet from the building and within 50 feet
of an approved hydrant. Exempted are one and two family dwellings.
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PLANNING COMMISSION RESOLUTION NO.
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 2A1OBC
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. 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 Marshall 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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Case No. GPA 04-01
GENERAL PLAN AMENDMENT
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PLANNING COMMISSION
RESOLUTION NO. 2295
Date: September 21, 2004
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Case No. C/Z 04-03
CHANGE OF ZONE
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PLANNING COMMISSION
RESOLUTION NO. 2295
Date: September 21, 2004