HomeMy WebLinkAboutRes No 2488PLANNING COMMISSION RESOLUTION NO. 2488
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN /
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING SINGLE
FAMILY HOME INTO AN OFFICE BUILDING FOR FARMERS
INSURANCE ON THE NORTHWEST CORNER OF DE ANZA WAY AND
ALESSANDRO DRIVE LOCATED AT 74-426 ALESSANDRO DRIVE.
CASE NOS. PP/CUP 08-241
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 7th of October, 2008, hold a duly noticed public hearing to consider the request of
Ron Henderson and Michael Johnston 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. 06-78," 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 approval of said
precise plan / conditional use permit:
Precise Plan/Conditional Use Permit:
1. The proposed location of the precise plan / conditional use is in accord
with the objectives of the Zoning Ordinance and the purpose of the district
in which the site is located.
The proposed project is zoned R-3, Residential Multiple Family. The
district allows a variety of types of dwellings and professional offices,
provided that the property to be developed is abutting or across the street
or across an alley from commercially zoned property subject to a
Conditional Use Permit. The area south of the subject property is zoned
General Commercial. The proposed conversion from an existing single
family home to an office building for Farmers Insurance is in accord
with the objectives of the Zoning Ordinance and is consistent with the
uses outlined in section 25.38.030 Conditional uses.
2. The proposed location of the precise plan / conditional use 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.
The project will be a conversion of an older single family home into an
office building for Farmers Insurance located in an older area of the
community and, as such, may lead to other properties upgrading. The
PLANNING COMMISSION RESOLUTION NO. 2488
proposed project as conditioned will comply with current building and
safety codes, fire department codes, and will be reviewed by the City's
Engineering Department for compliance with City ordinances. The use of
an office building is permitted within the R-3 zone subject to a Conditional
Use Permit (for the land use) and is consistent with the intent of the City's
Zoning Ordinance as described in the staff report. The site meets
setbacks, lot coverage, building height, land use, and parking such that it
will not be detrimental to the public interest, health, safety, or welfare,
and will not be materially injurious to properties or improvements in the
vicinity, as described in more detail in the Staff report. A condition of
approval has been placed on the project that will require the project
proponent to construct all necessary on and off -site infrastructure to
provide utilities to the proposed project prior to the issuance of building
permits. Water, sanitation and public utilities and services are available in
Alessandro Drive, a public street.
3. The proposed precise plan / conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments.
The property is located in the Residential Multiple Family zone and the
project complies with all provisions of the base zone (R-3). The project is
in accord with the objectives of the Zoning Ordinance. Additionally,
conditions have been added to the project to ensure that all the minimum
requirements of the Palm Desert Municipal Code are met, including
building, landscaping, public works, and the fire department conditions.
The project requires no variances or adjustments.
4. The proposed precise plan / conditional use complies with the goals,
objectives, and policies of the city's adopted General Plan.
A primary objective stated in the Land Use Element of the General Plan
under Residential Goals, Policies and Programs is Goal 2, which states the
preservation and enhancement of the City's existing neighborhoods. Goal 3
of the General Plan endorses residential neighborhoods that are thoughtfully
integrated with community parks and schools, and have convenient and
appropriately located access to employment centers and commercial
services.
This project promotes a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is consistent with the
General Plan because the project proposes to convert an existing single
family home into an office building for Farmers Insurance, which is
compatible with the existing uses within the surrounding area, and offers
an excellent service in a location that is convenient to the community.
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PLANNING COMMISSION RESOLUTION NO. 2488
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 approval of Precise Plan / Conditional Use Permit 08-241 are hereby
granted, subject to the attached conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of October, 2008, by the following vote, to
wit:
AYES: CAMPBELL, CAMPBELL, SCHMIDT, TANNER
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
ATTEST:
n
TONY BAGATO, cting Secretary
Palm Desert Planning Commission
VAN ' . TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2488
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 08-241
Department of Community Development:
1. The development of the property shall conform substantially with 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
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 trash 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 replacement of materials. All to be consistent with the Property
Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan.
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PLANNING COMMISSION RESOLUTION NO. 2488
7. The project shall comply with the Energy Efficiency Standards, Ordinance No.
1124.
8. In the event that Native American cultural resources are discovered during
project development/construction, all work in the immediate vicinity of the find
shall cease and a qualified archaeologist meeting Secretary of Interior standards
shall be hired to assess the find. Work on the overall project may continue during
this assessment period. If significant Native American cultural resources are
discovered that require a Treatment Plan, the developer or his archaeologist
shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the
developer or archaeologist shall, in good faith, consult on the discovery and its
disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
9. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning.
10. Property owner shall provide a landscape buffer (hedge) along the north property
line as approved by the City's Landscape Manager.
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
the life of the project, consistent with the Municipal Code provisions and the
approved landscaped plan.
BONDS AND FEES
2. 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.
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 standard inspection fee shall be paid prior to issuance of grading permits.
5. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
6. Complete grading and improvement plans and specifications 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. 2488
7. 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.
8. Pad elevations are subject to review and modification in accordance with Chapter
27 of the Palm Desert Municipal Code.
9. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
10. Landscape plans shall be submitted for review concurrently with grading plans.
11. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with City standards including:
Reconstruction of driveway and sidewalk modifications
12. 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.
CONSTRUCTION REQUIREMENTS
13. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
14. 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.
15. 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.
Riverside County Fire Department:
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 Codes, 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 one -hour duration at 20 psi residual pressure must
be available before any combustible material is placed on the job site.
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PLANNING COMMISSION RESOLUTION NO. 2488
3. Provide or show there exists a water system capable of providing a gpm fire flow
of 3000 gpm for multifamily dwellings.
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 feet from any portion
of a commercial building measured via vehicular travel way.
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 13R 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. (13R and attic protector).
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 the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC
extinguisher per 3000 square feet and not over 75 feet walking distance. A "K"
type fire extinguisher is required in all commercial kitchens, mount CU exterior of
building.
10. All buildings shall have illuminated addresses of a size approved by the city.
11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
12. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
13. All buildings 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 feet 6 inches 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 feet radius
turn -around 55 feet in industrial developments.
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PLANNING COMMISSION RESOLUTION NO. 2488
Building and Safety Department:
1. Project must conform to the current State of California Codes adopted at the time
of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE (Based on 2006 IFC)
2. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
3. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
4. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
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