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HomeMy WebLinkAboutRes No 2364PLANNING COMMISSION RESOLUTION NO. 2364 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF SEVEN (7) OFFICE BUILDINGS TOTALING 89,900 SQUARE FEET AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO. THE PROPERTY IS LOCATED AT 73-501 DINAH SHORE DRIVE, BETWEEN GATEWAY DRIVE AND LEILANI WAY. CASE NO. PP 05-16 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of November, 2005, hold a duly noticed public hearing to consider the request by PACIFIC POINTE PARTNERS for approval of the above noted; 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.05-52, in that the Director of Community Development has determined that the project will not have a significant negative impact on the environment and staff has prepared Negative Declaration of Environmental Impact; 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 approval of the said request: 1. The proposed location of the office complex as conditioned is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed precise plan will comply with each of the applicable provisions of this title. 3. The proposed location of the office complex and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 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. PLANNING COMMISSION RESOLUTION NO. 2364 2. That approval of Precise Plan 05-16 is hereby granted, subject to conditions attached. 3. That a Negative Declaration of Environmental Impact as shown on Exhibit A attached is hereby certified. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of November, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP NOES: NONE ABSENT: NONE ABSTAIN: JONATHAN ATTEST: PHILIP DREL , Secretary Palm Desert P anning Commission DAVID E. TSCHOPP, Ch.irp-rson 2 PLANNING COMMISSION RESOLUTION NO. 2364 CONDITIONS OF APPROVAL CASE NO. PP 05-16 Department of Community Development: 1. The development of the property shall substantially conform to 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/Landscaping 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/seivice 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. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 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 3 PLANNING COMMISSION RESOLUTION NO. 2364 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. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. 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. 10. Prior to the issuance of building permits, the applicant shall record, in a form acceptable to the City Attorney, a mutual access easement with the property to the south. 11. The applicant shall submit a tenant improvement plan for review by the Community Development Director. 12. If off-street lighting is proposed for the project, the applicant shall submit separately from the building plans a detailed parking lot and building lighting plan to staff for approval. The plan is subject to applicable lighting standards and shall be prepared by a qualified lighting engineer. Department of Public Works: 1. All landscape maintenance shall be preformed by the property owner and the applicant shall enter into a landscape maintenance agreement with the City for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscape plan. 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. 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. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 4 PLANNING COMMISSION RESOLUTION NO. 2364 6. Project shall contribute proportionately to the lining of the channel/retention basin providing drainage for PM 24255. 7. Storm drain design and construction 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 the start of construction. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 24255. 9. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of permits. 10 Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits of the Department of Public Works. 11. Pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code and PM 24255. 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted concurrently with grading plans. 14. Full improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with the applicable City standards including: • Additional 6' of right-of-way dedication or pedestrian easement required along Gateway Drive. • 8' meandering sidewalk, minimum 4' from back of curb, on Dinah Shore Drive and Gateway Drive. • 6'curbside sidewalk on Leilani Way. 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. 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. 5 PLANNING COMMISSION RESOLUTION NO. 2364 16. All public and private improvements shall be inspected by the Public Works Department. 17. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 18. 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. The developer must contact Riverside County Flood Control District for informational materials. 19. Reciprocal access agreement required with the adjoining property to the south. 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 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. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. 6 PLANNING COMMISSION RESOLUTION NO. 2364 6. Install a complete NFPA 13R fire sprinkler system. This applies to all buildings with a 3,000 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' from the building and within 50' 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 as required by the UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA, 10, but not Tess 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. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. 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 allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains or garden islands placed in the middle of these tum-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 12. A dead end single access over 500' will require a secondary access, sprinklers or other mitigation measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 13. This project may require licensing by the 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. 14. All buildings shave have illuminated addresses of a size approved by the City. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 17. All elevators shall be minimum gurney size. 7 PLANNING COMMISSION RESOLUTION NO. 2364 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 05-16 APPLICANT/PROJECT SPONSOR: Pacific Pointe Partners 3636 Birch Street, Suite 260 Newport Beach, CA 92660 PROJECT DESCRIPTION/LOCATION: Approval of a precise plan of design to allow the construction of seven (7) office buildings totaling 89,900 square feet. The subject property is located at 73-501 Dinah Shore Drive, between Gateway Drive and Leilani Way. The parcel is also known as A.P.N. 653-250-039. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. . n November 1, 2005 PHILIP DREISATE DIRECTOR F COMMUNITY DEVELOPMENT 8