HomeMy WebLinkAboutRes No 2411PLANNING COMMISSION RESOLUTION NO. 2411
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF A PRECISE PLAN /
CONDITIONAL USE PERMIT TO CONSTRUCT A 100,500
SQUARE FOOT BUSINESS PARK, AND APPROVAL OF A
TENTATIVE PARCEL MAP TO SUBDIVIDE A 6.1-ACRE SITE INTO
13 PARCELS LOCATED AT 75-300 GERALD FORD DRIVE.
CASE NOS. PP/CUP 06-03 and TPM 34437
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 1st day of August, 2006, hold a duly noticed public hearing to a consider a request by
GERALD FORD BUSINESS PARK, LLC for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution
No. 06-78," in that the Director of Community Development has determined that that impacts
from the proposed project were considered in the Environmental Impact Report prepared
for the updated City of Palm Desert Comprehensive General Plan adopted in March 2004
(Resolution 04-20); 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 PRECISE PLAN / CONDITIONAL USE PERMIT:
1. That the proposed project complies with the goals, objectives and policies of
the City's General Plan.
2. The request for a height exception to allow proposed buildings to exceed the
30-foot height limit up to 34 feet is justified because the buildings' architecture
is enhanced by design projections and variation in roof heights from 19'-6" up
to 34 feet. This fulfills the Wonder Palms Master Plan goal of encouraging
planning areas with projects that take on a series of individual characteristics
resulting in an aesthetically consistent, environmentally harmonious, and
economically viable addition to the community.
3. The request for an exception to reduce the front yard setback from 32 feet to
10 feet is consistent with the Planned Industrial zone's objective of providing
flexibility in development to encourage creative and imaginative design
because this allows a site plan that places all parking areas in the rear and
buildings and landscaped courtyards in the front, which creates a more
aesthetically attractive and pedestrian friendly streetscape.
4. The request for an exception to reduce the rear yard setback from 30 feet to
10 is justified because a 30-foot landscaped rear yard setback would not
serve a useful purpose since this area is unusable open space due to its
PLANNING COMMISSION RESOLUTION NO. 2411
isolated location, and the Mid -Valley Storm Channel and the Union Pacific
Railroad provide a generous 280-foot wide setback buffer between the
project site and Interstate 10,
5. The well designed project with quality architecture and buildings that front on
Gerald Ford Drive, parking in the rear, landscaped courtyards with outdoor
seating and tables, and landscaped walkways will create an inviting,
pedestrian friendly environment that will be compatible with the future
expansion of the Cal State University campus across the street on the south
side of Gerald Ford Drive.
6. The design of the project will not depreciate property values in the vicinity, nor
be materially injurious to properties or improvements in the vicinity.
7 The project will not unreasonably interfere with the use and enjoyment of the
property in the vicinity by the occupants thereof for lawful purposes.
8. The project will not endanger the public peace, health, safety, or general
welfare.
FINDINGS FOR APPROVAL OF A TENTATIVE PARCEL MAP:
1. That the design or improvements of the proposed map is consistent with
applicable general and specific plans.
2. That the site is physically suitable for commercial development.
3. That the design of the parcel map or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
4. That the design of the parcel or the type of improvements is not likely to cause
serious public health problems.
5. That the design of the parcel or the type of improvements is not likely to cause
serious public health problems.
6. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
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1. That the above recitations are true and correct and constitute the findings of sop
the Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2411
2. That Precise Plan / Conditional Use Permit 06-03 and Tentative Parcel Map
34437 are 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 1st day of August, 2006, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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1 PHILIP DRELL-, Secretary
Palm Desert Planning Commission
K. LOPEZ, C erson
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PLANNING COMMISSION RESOLUTION NO. 2411
CONDITIONS OF APPROVAL
CASE NOS. PP / CUP 06-03 & TPM 34437
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 and recycling enclosure locations and
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
Community Development Department prior to issuance of building permits.
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
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PLANNING COMMISSION RESOLUTION NO. 2411
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 parapet walls that are
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 outlines and heights of roof -mounted mechanical equipment.
Department of Public Works:
GENERAL
1. Landscaping maintenance of any common areas shall be provided by the property
owners association. Landscape treatment shall be water efficient in nature and
shall be in accordance with the City of Palm Desert landscape design standards.
Applicant shall be responsible for executing a declaration of Conditions, Covenants
and Restrictions, which declaration shall be approved by the City of Palm Desert
and recorded with the County Recorder. The declaration shall specify: (a) the
applicant shall oversee the formation of a property owners association; (b) the
property owners association shall be formed prior to the recordation of the Map;
and (c) the aforementioned landscaping shall be the responsibility of the property
owners association. Landscaping plans shall be submitted for review
simultaneously with grading plans.
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 recordation of final map minus the cost of the drainage
improvements made.
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PLANNING COMMISSION RESOLUTION NO. 2411
4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to recordation of final map. Signal installation may be
used as credit against the fees and the City will pay up to half of the costs in
accordance with PM 30314.
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.
DESIGN PLANS
7. Storm drain/retention area 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. Project
may utilize the Mid -Valley Retention Channel to drain incremental increase in
drainage for a 100-year storm. Nuisance waters shall be contained on -site.
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. Improvement plans for utility systems shall be approved by the respective provider
or service districts with "as -built" plans submitted to the Department of Public
Works prior to project final. Utility plans shall be submitted to the public works
department for improvements in the public right of way prior to issuance of any
permits.
10. Complete parcel map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits.
11. 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.
12. Pad elevations, as shown on the parcel map are subject to review and modification
in accordance with Chapter 26 of the Palm Desert Municipal Code.
13. Landscape plans shall be submitted for review concurrently with grading plans.
14. Waiver of access to Gerald Ford Drive, except at approved locations, shall be
granted on the final map.
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PLANNING COMMISSION RESOLUTION NO. 2411
REQUIRED CONSTRUCTION
15. Full public improvements required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards.
• 6' wide sidewalk on Gerald Ford Drive as shown on the grading plan.
• Signalized intersection at the project entry.
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.
16. 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 improvements have been
completed.
SPECIAL CONDITIONS
17. Reciprocal easements shall be provided for drainage, access and parking.
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:
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.
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PLANNING COMMISSION RESOLUTION NO. 2411
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 less than 25 feet from the building and within 50 feet
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 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. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
14. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single=family residential usage.
15. Install a dust collection system per CFC Chapter 76 if conducting an operation that
produces airborne particles.
16. All elevators shall be gurney size.
17. Conditions 15 and 16 shall be imposed if conditions apply.
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