HomeMy WebLinkAboutCC RES 89-127. . •
�tFSOLiTPICN NO. 89-127
A RESOLUTION OF TI-IE CITY QOUNCIL OF 'INE CITY OF
PAI�I DFSERT, CALIFORNIA, REVERSING A PLANNING
COMMISSIDN DENIAL AND APPROVING A NEGATIVE
DECLARATION OF ENVIROI�ITAL IMPAGT Ai�ID PRECISE
PLAN FI�R A 16, 980 S�JARE FL"X7P Cl"xT�RCIAL BUILDIIVG
LOCATID ON Tf-IE NORTH SIDE OF HI�Y 111 MIDWAY
BEIWEQ�1 PORTOLA AVENUE AI�ID SAN LUIS REY.
CASE N0. PP 89-12
WF�.S, the City Council of the City of Palm Desert, California, di.d �
the 26th day of October, 1989, hold a duly r�ticed public hearing to coilsider a
request by GEORGE METSOVAS for approval of a negative declaration of
envirorniental impact and precise plan for a 16,980 square foot commercial
builclu-rg located on the north side of Highway 111 midway between Portola Avenue
and San Luis Rey; and
WF�RE'AS, said applicativn has complied with the requiremP_nts of the "City
of Palm Desert Procedure for Implementatioal of the California Envir��s►tal
Quality Act, Resolution No. 80-89," in that the director of oanrnlnity
develognent has deterntined that the project will not have an adverse impact on
the enviranment and a negative declarati� has beeri prepared; and
4��5, at said public hearing, upon hearing and considering all
testimony and arg�.unents, if any, of all interested persorLs desiring to be
heard, said city oouncil did find th,� follawing facts and reasans to exist to
justify granti.ng appraval of said precise plan:
1. The precise plan is consistent with the intent and p�.�pose of the
General Plan and the standards of the general cam�x�cial zane.
2. The project will not depreciate property values or restrict the
lawful use of adjacent properties n�or will it threaten public health,
safety or general welfare.
NOW, THEREFORE, BE IT RESOLVID by the City Council of the City of Palm
Desert, California, as follaws:
l. That the abave recitatians are true and correct and oorLstitute the
finclings of the council in this case.
2. That the planning commission denial is reversed and a negative
declaration of envir��tal impact E�hibit "A" and Precise Plan 89-
12 on file in the departnent of oanrnuiity development/planning is
hereby apprvved, subject to conditions.
RFSOLiTrION rA. 89-127
PASSID, APPROVID and ADOPTID at a regular meeting of the Palm Desert City
Council, held on this 26th day of October, 1989, by the follawing wte, to wit:
AYES: BINSON, CRITES, F�LLY, WILSON
NOFS: SNYDER '
ABSII�T: NONE
ABSTAIN: NONE ��
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S . WILSON, Mayr�r
�1�'EST : - � �
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SHEILA R. GILLI , City Cler}c
City of Palm Desert, Califo 'a
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RFSOLtTrICN N0. 89-127
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C�SE I�A. PP 89-12
Deparbn�t of Q�nmity I)evelapne�lt:
1. The development of the property shall c�fonn substantially with exhibits
on file with the departrnent of catnnu�ity develognerit, as modified by the
follaving ooixiitions .
2. Prior to the issuance of a building permit for constYucti� of any uses
oontemplated by thi.s approval, the applicant shall first oanplete all the
pr�ocedural requirements of the city whirh iriclude, but are r�t limited to,
architectural camLissi� and buildirx� pernut proCedures.
3. Construction of a portioaz of said pro j ect shal l aatmence within one year
frcm the date of final appraval unless a time extension is granted,
otherwise said approval shall become null, void and of no effect
whatsoever.
4. The develo�zt of the property described herein shal l be sub j ect to the
restrictioa�s and l�mi.tatio�s set forth herein which are in additioci to all
municipal ordinarices ar�d stated and federal statutes naw in force, or
which he.reafter may be in force.
5. Prior to issuance of a building pexinit for ooc�.struction of arYy use
c�ontemplated by thts apprwal, the applicant shall first obtain permits
and/or clearance fran th� follawing agericies:
Riverside County Departrnent of Health
Palm Desert Architectural Canni.ssicai
City Fire Marshal
Coachella Valley Water District
Palm Desert Water and Services District
6. That prior to issuance of buildux� perntit the avner ( developer ) provide
the city with evideizce that he has paid the required school mitigatioaz
fee.
7. Landscape plan shall include program for stz�eet txees on Alessarxi��o,
miniirnun 40' ari center 24" box.
8. Applicant agrees to mai.ntain the landscaping required to be installed
pursuant to these aonditior�s. Applicant will enter into an agreement to
maintain said landscaping for the life of the project, which agregr�nt
shall be notarized and which agreecnent shall be recorded. It is the
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RFSOL[TPIC[�1 I�A. 89-127
specific intent of the parties that this aoa�dition and agrec�nent run with
the land and bind successors and assigns.
9. Applicant shall e�t�size drought resistent and water conserving plant
materials and irrigatian technologies into landscape plan.
Depa�n�nt of Public Wo��ks:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal C',ode and Palm Desert Ordinance N�.unber 507, shall be paid prior
to issuance of gradirig pennit.
2. Starm drain construction shall be contingent upon a drainage study
prepared by a civil engineer that is reviewed and approved by the
department of public works.
3. Signalization fees, in acoordanr,e with City of Palm Desert Resolution Nos.
29-17 and 79-55 shall be paid prior to issuarx•,e of gradirx� permit.
4. F1�11 public i�rove�nents, as required by Sectians 26.44 and 26.40 of the
Palm Desert Municipal Code, shall be installed in accordance with
applicable city standards.
5. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, ocmplete im�raveme�nt plans and
specifications shall be submitted to the director of public works for
checking and approval before construction of any improvements is
commenced. Offsite improvement plans to be appx�oved by public w�rks
departrnexit and a surety posted to guarantee the installation of required
offsite improve,nents prior to issuance of grading pernuts. Such offsite
i�ravements shall include, but r�ot be limited to, ooazcrete sidswalk in an
appropriate size and configuratio�. "As-built" plans shall be sutxnitted
to, and approved by, the director of public works prior to the acceptance
of the iirq�ravements by the city.
6. All private driveways and parking lots shall be inspected by the
engineering departznerit and a standard inspection fee shall be paid prior
to gracliux,� permi.t issuance.
7. Landscaping maintenance on Palm Desert Drive North and Alessandro Drive
shall be pravided by the prop�xty owner.
8. As required under Section 12.16 2nd 26.44 of the Palm Desert Municipal
Code, all existing utilities shall be undergYnunded per each respective
utility district's recommendation. If determined to be unfeasible,
applicant shall agree to participate �n any future utility undergrotuuiing
distsict .
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RFSOLiTrICN ND. 89-127
9. In accordar�ce with Palm Desert Municipal Code Sectioaz 26.44, aanplete
graclirx� plans and specifications shall be sutmitted to the director of
public w�rks for checking and approval prior to issuance of arry permits.
10. As required by Sections 26.32 and 26.40 of the Palm Desert MurLtcipal Qxie,
and in accordance with the Circulaticaz Net�,aork of the city's General Plan,
dedication of half-street right-of-way at 30 feet on Alessandro Drive
shal.l be provided prior to issuance of the grading permit.
11. Any and all off-site impravements shall be preceded by the approval of
plans and the issuance of valid erlcroacYnient permit( s) by the deparl�ient
of public wr�rks.
12. Size, ntunber and location of driveways to public wc�rks specificatians with
only three driveway approaches to be allawed to sexve this property.
13. Any and all off-site ir�ravements shall be preceded by th,e appraval of
plans and the issuanc,e of valid encroachment permit( s) by the departrnent
of public works.
14. A complete prelim�y soils investigation, conducted by a registered
soils engineer, shall be sutrnitted to and approved by the deparbnent of
public w�rks prior to issuance of the grading peYmit.
15. Pad elevatioa�s/finished floor elevations, as shar�nz on the preliminazy
grading plan, are subject to review and mociification in accordanc.e with
Section 27 of the Palm Desert Municipal Code.
16. Vehicular access to Palm Desert Drive North shall be right-turn
irigress/right-tuni egress only.
17. Access to trash enclosures shall be from within the parking areas onty.
No curb cuts shall be allawed for trash enclosures ori public streets.
18. Close unused driveways an Alessai�ciro Driv�e and Palm Desert I?rive North
with full-h,eight barrier curb and gutter.
19. C,oazcrete steps as str.�m on Alessandzn Drive shall not be allawed within
the public right-of-way.
Fire M���� :
1. The fire depar�ient is required to set a mirLilrnun fire flvw for the remodel
or corL.struction of all cannercial buildings per Uniform Fire Code Section
10.301C.
2. Provide, or shaw there exists, a water system capable of prwiding a
potential fire flaw of 3000 gpm and the actual fire flaw available from
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RF�OLUrICN ND. 89-127
any �e hyrir'ant aoa�neated to any given water main shall be 2000 gpm for 2
hours duration at 20 psi residual operating pressure.
3. A fire flaw of 1500 gpn for a 2 hour duration at 20 psi residual ape.rating
pressure must be available before any oanbustible material is placed o�
the job site.
4. The canbinatian of an-site and off-site Super fire hydrants (6" x 4" x 2
1/2" x 2 1/2") will be required, located not less than 25' nor more than
150' f rom any portion of the buildux3( s) as measured alor�g appro�ved
vehicular txavelways. The required fire flaw shall be available from any
adj acent hydrant( s) in the system.
5. The required fire flaw may be adjusted at a later point in the permit
pr�ocess to reflect changes in design, oonstxuction type, az'ea separations,
or built-in fire protection measures.
6. Prior to the application for a building permit, the develaper shall
furnish the original and two copies of the water system plan to the oounty
fire departinent for review. No building permit shall be issued until the
watex system plan has be�n appraved by the oounty fire chief. Upon
appro�val, the original will be returned. One ovpy will be sent to the
respcx�.sible inspecting authority.
7. Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirgnents. Plans shall be signed by a
registered civil engineer and may be signed by the local water c�npariy
with the follawing certification: "I certify that the design of the water
syst�n is in accordance with the requirements prescribed by the Riverside
County Fire Depar-trne.nt . "
8. Install a car�lete fire sprinkler system per NFPA 13. The post in�clicator
valve and fire department connection shall be located to the front, nQt
less than 25' fran the building and within 50' of an approved hydrant.
9. Install a fire alarm (waterflaw) as required by the Uniform Building Code,
3803, for sprinkler system.
10. Install tamper alarm on supply valve for sprinkler systems. Tamper switch
must also ring buildirx� water flaw alarm.
11. C�rtain designated areas will be required to be mai.ntained as fire lanes.
12. Install portable fire ext; ��; sher�s per NFPA, Pamphlet #10, but rbt less
than 2AlOBC in rating.
13. 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
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roadway shall be r�ot less t,han 24' of urbbstructed width and 13'6" of
vertical clearanr.e. Where parallel parkulg is allaaed, the roadway shall
be 36' wide with parkiryg an both sides, 32' wide with parking on ca� side.
Dead-end roads in excess of 150' shall be prwided with a minina.an 45'
radius turn-arour�d ( 55' in industrial developments ).
14. Fire lane width mininnun of 20 feet; rx� parking or� eithex side. �isting
12 foot ingress/egress point is inadequate.
15. Contact the fire deparbnent for a final insnectioa� prior to or,cupancy.
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1. Applicant shall suYamit a pr�ogram for oam�ercial rec,-ycling to be appraved
by the envirorn�ental ooalservatiori mariager prior to issuance of building
pexmit.
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RFSOLLTPI�1 I�A. 89-127
F��IT "A"
Pursuant to Title 14, Divisioaz 6, Article 7, Sectian 15083, of the California
Administrative Code.
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C�1SE ND: PP 89-12
APPLIC�NP/PRU7DGT SPQ�O�t: George Metsovas
P.O. Bax 5132
Orange, G�, 92667
P1�OJDGT DESC�tIPTIQ�1/IAC��TICN: A 17, 000 square foot oannercial builditx� located
on the rx�rth side of Highway 111 midway betw�een Fortola Avenue and San Luis
Rey.
The Director of the Deparbnent of Camiunity Developnent, City of Palm Desert,
California, has faund that the described project will rbt have a significant
effect on the envirorn�ent. A oo��y of the Initial Study has beeiz attarhed to
docwnent the rea.sai�.s in support of this findi.rx�. Mitigation measut�es, if any,
included in the project to avoid potentially significant effects, may also be
found attached.
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RAMON A. DTA9
DIREG�I'OR OF QTT�,
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