HomeMy WebLinkAboutRes No 2317PLANNING COMMISSION RESOLUTION NO. 2317
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A CHANGE OF ZONE FROM R-1 SINGLE-FAMILY TO
OFFICE PROFESSIONAL (O.P.) AND A PRECISE PLAN OF DESIGN
FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING
LOCATED AT 44-447 PORTOLA AVENUE.
CASE NOS. C/Z 04-05 AND PP 04-31
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 215` day of December, 2004, to consider the request by ROBERT AND MARILYN
FORD for approval of the above notea; 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. 04-106, 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 recommending to
City Council approval of said request:
1. That the proposed change of zone from R-1 to O.P. is consistent with the
goals and objectives of the General Plan approved by City Council
Resolution Number 04-20 on March 15, 2004.
2. The proposed site plan and building design is residential in scale, which
meets the goal and objectives of the General Plan and Zoning Ordinance
Amendment for Portola Avenue between Fred Waring Drive and De Anza
Way.
3. That the proposed use, as conditioned and designed, is compatible with
the surrounding neighborhood and will not be detrimental to the public
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 Coriim,ssk i in Casa.
2. That the Planning Commission does hereby recommend to the City Council
approval of Change of Zone 04-05 (Exhibit "A") and Precise Plan 04-31.
PLANNING COMMISSION RESOLUTION NO. 2317
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21 t day of December, 2004, by the following vote,
to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
c 1/
SABBY N N, Chairperson
ATTEST:
._��,�.
PHILIP DRELL, ecretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2317
CONDITIONS OF APPROVAL
CASE NOS. C/Z 04-05 AND PP 04-31
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 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. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
6. 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
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PLANNING COMMISSION RESOLUTION NO. 2317
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
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. The project shall be used for general office use only, no medical office use
allowed.
9. The applicant shall install a 6'0" tan slump block wall along the north property
line. Said wall shall tie into the existing adjacent slump block wall, removing the
chain Zink and wooden fence that is along the north side property line.
10. Prior to any work, including demolition of the existing home and construction of
the proposed office building, the applicant shall install the 6'0" high block wall
between 44-447 and 44-401 Portola Avenue as the first step of development.
Department of Public Works:
1. All landscape maintenance shall be preformed by the property owner.
2. 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.
3. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be pad prior to issuance of grading permit.
4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
6. A standard inspection fee shall be paid prior to issuance of grading permits.
7. One driveway shall be allowed to serve this property, 24' minimum, and 30'
maximum width with 25' radius returns.
8. Complete grading and improvement plans and specifications on electric files
shall be submitted to the Director of Public Works for checking and approval prior
to issuance of any permits.
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PLANNING COMMISSION RESOLUTION NO. 2317
9. Any and all offsite improvements shall be preceded by the approval plans and
the issuance of valid encroachment permits by the Director of Public Works.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Project shall retain nuisance waters on -site.
12. Landscape installation shall be drought tolerant in nature.
13. Landscape plans shall be submitted for review concurrently with grading plans.
14. Full improvements, as required by Section 26 of the Palm Desert Municipal
Code, shall be installed in accordance with applicable City standards including
the following:
• Dedication of 14 feet of right of way, 44' from centerline of Portola
Avenue.
15. All public improvements shall be inspected by the Department of Public Works
and a standard inspection fee shall be paid prior to issuance of grading permits.
No occupancy permit shall be granted until public improvements have been
completed.
16. All public and private improvements shall be inspected by the Public Works
Department.
17. Prior to the start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination System (NPDES) General Construction Permit
for storm water discharges associated with construction. Developer must contact
Riverside County Flood Control District for information materials.
18. Reciprocal access easement required with the property to the south and an
irrevocable offer for reciprocal access shall be recorded with the property to the
north.
19. Cash payment in lieu of construction for widening of Portola Avenue in the
amount of $16,936.80 (1,693 square feet affected area @ $10 per square foot).
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
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PLANNING COMMISSION RESOLUTION NO. 2317
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
CFC, 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.
A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating
pressure must be available before any combustible materials are placed
on the job site.
2. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of:
a) 3000 for commercial structure.
3. The required fire flow shall be available from a wet barrel Super Hydrant 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.
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
5. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
6. Install a residential fire suppression system Hood/Duct automatic fire extinguishing
system in all public and private cooking operations.
7. All buildings shall have illuminated addresses of a size approved by the city.
8. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
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Case No. C/Z 04-05
CHANGE OF ZONE
EXHIBIT A
SAN MARIN
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Proposed
Zoning Change
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PLANNING COMMISSION
RESOLUTION NO. 2317
Date: December 21, 2004
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