HomeMy WebLinkAboutRes No 2365PLANNING COMMISSION RESOLUTION NO. 2365
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION OF A SINGLE -STORY 36,175
SQUARE FOOT OFFICE BUILDING INCLUDING 9,044
SQUARE FEET OF MEDICAL OFFICE USE LOCATED AT 44-
651 VILLAGE COURT 1,400 FEET NORTH OF HIGHWAY
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CASE NO. PP/CUP 05-23
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th day of December, 2005, hold a duly noticed public hearing to consider the
request of BOURESTON DEVELOPMENT for the above mentioned project; 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 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 granting
approval of said precise plan/conditional use permit:
1. The design of the precise plan/conditional use permit will not
substantially depreciate property values, nor be materially injurious to
properties or improvements in the vicinity.
2. The precise plan/conditional use permit 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/conditional use permit 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 Planning Commission in this case.
2. That approval of Precise Plan/Conditional Use Permit 05-23 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2365
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of December, 2005, by the following vote,
to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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PHILIP DRELL,I Secretary
Palm Desert PIhnning Commission
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DAVID E. TSCHOP , hai erson
PLANNING COMMISSION RESOLUTION NO. 2365
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 05-23
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. Applicant shall participate in a commercial recycling program as determined by
the City Environmental Conservation Manager 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.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the Zoning Ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2365
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. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to Architectural Review Commission submittal.
9. Final landscape plans shall comply with the City's Parking Lot and Tree
Standards per Ordinance No. 977 and Resolution No. 01-06 and must be
approved by the City's Architectural Review Commission.
10. 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.
11.
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.
12. The project's setbacks shall conform to standards in Section 25.25 of the City's
Zoning Ordinance.
13. 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.
14. Medical uses in project shall not exceed 9,044 square feet.
Department of Public Works:
General Requirements
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the City for
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PLANNING COMMISSION RESOLUTION NO. 2365
the life of the project, consistent with the Property Maintenance Ordinance (Ord.
801) and the approved landscaped 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.
Bonds and Fees
3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code, shall be paid prior to issuance of a grading permit.
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.
6. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55, shall be paid prior to issuance of grading permits.
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 start of construction.
8. 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 any permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal code, shall be installed in accordance with applicable City standards.
Rights -of -way necessary for the installation of .the above referenced
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PLANNING COMMISSION RESOLUTION NO. 2365
improvements shall be dedicated to the City prior to the issuance of any permits
associated with this project.
Construction Requirements
14. 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. No occupancy permit shall be granted until public
improvements have been completed.
15. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control, as well as Section 24.20, Storm Water
Management and Discharge Control.
16. 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 informational materials.
Special Conditions
17. In addition to #7, project shall capture runoff from the Embassy Suites Hotel
and convey it to the storm drain installed as part of PM 28596 and extend the
private storm drain easement. The drainage study shall evaluate both a 25-year
storm and 100-year storm.
18. Parcel map waiver required to consolidate the three Tots into one.
Palm Desert Fire Department:
Conditions of approval as specified in November 30, 2005 letter attached hereto as
Exhibit A.
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EXHIBIT A
Palm Desert Fire Department
Fire Prevention Bureau
In cooperation with Riverside County Fire Department
73710 Fred Waring Dr. Suite 102 Palm Desert Ca 92260 780-348-1870 Fax 760-779-1959
November 30, 2005
To: Boureston Development
5500 trabuco Rd. Suite # 100
Irvine Ca 92620
Re: Palm Desert professional Building / Village Court
Case # PGP-05-424 / PP-05-23
With respect to the conditions of approval regarding the above reference plan check,
the 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.
After reviewing the plans provided to the Fire Marshal Office for the Building to be
installed at the above address the Fire Marshal office has Approved the submitted plans
due to the following conditions.
• Fire Sprinkler system is required, Bldg exceeds 3000 SF.
• Automatic fire alarm is required on all building with 100
sprinkler heads or more..
• Provide (3) sets of plans to the fire Marshals office.
• Provide water Plans with hydrant and riser locations.
• FDC & PIV shall be no closer then 25 feet from building and
no more then 50 feet from a fire hydrant.
• No wood/combustibles shall be placed o job site prior to
permanent or temporary water be provided.
• An all weather surface shall be provided and maintained
throughout job site for emergency services.
• All necessary permits shall be obtained prior to start of any
work
• All radiuses on streets shall be 31 to inside and 52 feet to
outside.
Any questions regarding the meaning of these conditions should be referred to the Palm
Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring suite #102
Palm Desert, Ca 92260
espectfully,
Neal Stephenson
Fire Safety Specialist
David A. Avila
Fire Marshal