HomeMy WebLinkAboutCC RES 91-117 RESOLUTION NO. 91-1J�
A RE�_ �UTION OF THE CITY COUNCI� JF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN/CONDITIONAL USE PERMIT AMENDMENT AND
� PARCEL MAP FOR A 70, 000 SQUARE FOOT OFFICE
COMPLEX/RESTAURANT WITH LIQUOR LICENSE ON 4. 7
ACRES AT THE SOUTHEAST CORNER OF EL PASEO AND
HIGHWAY 111.
Case No. PP/CUP 89-3 Amendment, PM 26994
WHEREAS, the City Council of the City of Palm Desert,
California, did on the llth day of July, 1991, hold a duly noticed
public hearing and continued hearing on August 22, 1991, to
consider the request of CUSACK RADAKER DEVELOPMENT INC. for a
70, 000 square foot office complex/restaurant with liquor license
on 4. 7 acres at the southeast corner of E1 Paseo and Highway 111,
which includes the closure of the Palm Desert Drive South frontage
road at E1 Paseo and Panorama Drive; 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. 80-89, " in
that the director of community development has determined that the
project was previously assessed and a Negative Declaration of
Environmental Impact has been approved; 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 city council did find the following
� facts and reasons to exist to justify approval of said precise
plan/conditional use permit amendment and parcel map:
1. The proposed use and design of the project is consistent
with the standard goals and objectives of the general
commercial zone, the Commercial Core Area Specific Plan
and Palm Desert General Plan.
2. The plan implements the "Superbiock Pian" contained
within the Core Commercial Area Specific Plan improving
traffic safety and circulation in the area. The closure
of the frontage road at E1 Paseo and Panorama will
significantly reduce unsafe traffic movement at these
intersections while continuing to provide reasonable
access.
3. The pro�ect will therefore not depreciate values,
restrict the lawful use of ad�acent properties or
threaten the public health, safety or general welfare.
4. The parcel map as conditioned meets all requirements of
the Palm Desert Subdivision Ordinance and the State Map
ACt.
RESOLUTION NO. 9' -117
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, California, as foilows:
1 . That the above recitations are true and correct and
constitute the findings of the council in this case.
2. That PP/CUP 89-3 Amendment and PM 26994 on file in the
department of community development/planning are hereby
approved, subject to conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this lOth day of October , 1991,
by the following vote, to wit:
AYES: B�dSOP�, CRITES, �I�,Y, SNYDER
NOES: �,TIIrSON
ABSENT: NO:�TE .
ABSTAIN: NONE
WALTER H. NYDER, Mayor
ATTEST:
\�,�..�. � �-
SHEILA R. I LIGAN, Ci Cle k ` �
City of Pa Desert, California
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RESOLUTION NO. �1- I17
CONDITIONS OF APPROVAL
CASE N0. PP/CUP 89-3 AMENDMENT, PM 26994
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. Prior to the issuance of a building permit for construction
of any uses contemplated by this approval, the applicant shall
first complete all the procedural requirements of the city
which include, but are not limited to, architectural
comn+ission and buiiding permit procedures.
3 . Construction of a portion of said pro�ect shall commence
within one year from the date of final approval unless a time
extension is granted, otherwise said approval shall become
null, void and of no effect whatsoever.
4. The development of the property described herein shali 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.
5. Prior to issuance of a building permit for construction of any
use contemplated by this approval, the appiicant shaii first
obtain permits and/or clearance from the following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
6 . That prior to issuance of building permit the owner
(developer) provide the city with evidence that he has paid
the required school mitigation fee.
7, The roof hatch areas shail be equipped with steel hatches and
inside locking devices to prevent forcible entry.
8. Landecape plan shall emphasize drought tolerant plant material
and water conaerving irrigation technology. Applicant agrees
to maintain the landscaping required to be installed for the
life of the project. Plan shall comply with parking lot shade
tree standarda.
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RESOLUTION NO. 91- 117
9 . Project shall include provisions for commercial recycling as
approved by the city Environmental Conservation Manager and
Palm Desert Disposal.
10. Pro�ect to include a bus turnout and shelter on Highway 111 .
Sidewalk on Highway 111 to be eight feet in width.
11 . Pro�ect shall be sub�ect to Art in Public Places fee and
Housing Mitigation fee.
12. The parcel map shall comply with the city' s subdivision
ordinance and State Subdivision Map Act.
13. Owner/developer must record an irrevocable offer for
reciprocal access agreement for the property to the east.
14. 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 pro�ect, 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.
15. Additional specimen size trees shall be added in the south
setback area of Building A to provide a landscape screen ��
between the proposed building and the existing two story
office at 45-175 Panorama.
16. Trash enclosure currently shown on the eastern boundary of the
project shall be relocated away from the building at 45-175
Panorama. Landscaping shall be installed around the enclosure
to screen the trash containers from second floor offices to � "
the greatest extent feasible.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code
Section 26.49 shall be paid prior to issuance of any permits
associated with this pro�ect. The specific fee shall be based
upon the Master Drainage Plan for the City of Palm Desert
prepared by NBS/Lowry as adopted by the Palm Desert City
Council.
2. Any drainage facilities construction required for this pro�ect
shall be contingent upon a drainaqe study prepared by a
registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
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RESOLUTION NO. '.- 117
Any alteration of existing drainage patterns shall include
provisions for the continued conveyance of drainage waters
generated southerly of the pro�ect site.
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 pro�ect.
4. As required under Palm Desert Municipal Code Section 26. 28,
and in accordance with Sections 26.40 and 26. 44, complete
improvement 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 approved by the Public Works
Department and a surety posted to guarantee the installation
of required offsite improvements prior to permit issuance.
5. 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. Those
improvements impacting state right-of-way shall be constructed
and permitted in accordance with Caltrans standards.
6. Landscaping maintenance on the property frontages shail be
provided by the property owner.
7. Full public improvements, as required by Sections 26.40 and
26.44 of the Palm Desert Municipal Code, shali be installed
in accordance with applicable City and Caltrana standards.
Improvements shall include, but not be limited to the
following:
* Construction of Highway 111 improvements to
provide 43 feet of curb to curb improvements.
* Construction of a deceleration lane for the
Highway 111 pro�ect entry.
* Construction of E1 Paseo street improvements
between Highway 111 and the most northerly E1
�•• Paseo project entry to provide 38 feet of curb
to curb improvements.
* Construction of perimeter sidewalk in an
appropriate size and configuration aiong all
property frontages.
* Modification of frontage road curb and gutter
along the easterly property line as necessary
� to accommodate frontage road deletion.
* Construction of bus bay in accordance with
Sunline Transit Agency specifications.
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RESOLUTZON NO. 91- ' 17
* Dedication of any right-of-way required to
accommodate these improvements shall be
provided prior to the issuance of any permits
associated with this pro�ect.
* Main pro�ect entries ( Highway ill and E1
Paseo) shall be a minimum width of 30 feet.
8 . In accordance with Palm Desert Municipal Code Section 26. 44,
complete grading plans/site improvement plans and
speci�ications shall be submitted to the Director of Public
Works for checking and approval prior to issuance of any
permits. In addition to all standard engineering design
parameters, the plan shall address appropriate circulation-
related issues.
9. Traffic safety striping on Highway 111 and E1 Paseo shall be
provided to the specifications of the Director of Public Works
and Caltrans and shall include the use of approved
thermoplastic paint and raised pavement markers. A traffic
control plan must be submitted to, and approved by, the
Director of Public Works and Caltrans prior to the placement
of any pavement markings.
10. 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 and Caltrans.
11. Proposed building pad e2evations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
12. All existing overhead utilities shall be placed underground
in accordance with the respective utility recommendation. If
determined to be unfeasible, applicant shall submit, in a form
acceptable to the city attorney, surety in an amount equal to
the estimated cost of the sub�ect undergrounding.
13. A complete preliminary soils investigation, prepared 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.
14. Complete parcel map shall be submitted for review and approval
prior to the issuance vf any permits associated with this
pro�ect.
' Riverside Couaty Fire Departmeat:
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RESOLUTION NO. -117
1 . With respect to the conditions of approval regarding the above
referenced plan check, the fire department recommends the
following fire protection measures be provided in accordance
with City Municipal Code, NFPA, UFC, and UBC 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
Uniform Fire Code Sec. 10.301C.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi
residual operating 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 potential gallon per minute flow of 1500 for
single family, 2500 for multifamily, and 3000 for commercial.
The actual fire fiow available from any one hydrant connected
to any given water main shall be 1500 gpm for two hours
duration at 20 psi residual operating pressure.
4. The required fire flow shall be available from a Super
hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" ) , located not iess than
25 ' nor more than 200' single family, 165' multifamily, and
150' commercial from any portion of the building( s ) as
measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shali be of the "wet barrei"
type.
5. A combination of on-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' or more than 2Q0' single family, 165' multifamily,
and 150' commercial from any portion of the building( s ) as
measured along approved vehicular travelways. The required
fire flow shall be available from any adjacent hydrant( s ) in
the system.
6. Provide written certification from the appropriate water
company having jurisdiction that hydrant(s) will be installed
and will produce the required fire flow, or arrange field
inspection by the fire department prior to request for final
inspection.
7. Prior to the agplication for a buildinq permit, the developer
shall furnish the original and two copies of the water system
plan to the County Fire Department for review. No building
permit shall be issued until the water system plan has been
approved by the County Fire Chief. Upon approval, the
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RESOLUTION NO. 9 ' II7 �
original will be returned. One copy will be sent to the
responsible inspecting authority.
Plans shall conform to fire hydrant types, location and
spacing, and the system shal l meet the f ire f low requirements.
Plans shall be signed by a Registered Civil Engineer and may
be signed by the local water company with the following
certification: "I certify that the design of the water system
is in accordance with the requirements prescribed by the
Riverside County Fire Department. " "System has been designed
to provide a minimum gallon per minute flow of 1500, 2500,
3000. "
8. The required fire flow may be ad�usted at a later point in the
permit process to reflect changes in design, construction
type, area separations, or built-in fire protection measures
such as a fully fire sprinklered building.
9 . Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
10. Install a complete fire sprinkler system per NFPA 13. The
post indicator valve and fire department connection shall be
located to the front, not less than 25 ' from the building and
within 50' of an approved hydrant. This appiies to all new
buildings with 5000 square feet or more building area as
measured by the building footprint, including overhangs which
are sprinklered per NFPA 13. The building area of additional
floors is added in for a cumulative total . Exempted are one
and two family dwellings.
11. Install a fire alarm (water flow) as required by the Uniform
Building Code 3803 for sprinkler system. Install tamper
alarms on all supply and control valves for sprinkler systems.
12. Certain designated areas will be required to be maintained as
fire lanes and shall be clearly marked by painting and/or
signs approved by the fire marshal.
13. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum requirement is UL central
station monitoring of sprinkler system per NFPA 71 and 72.
Alarm plans are required for all UL central station monitored
systema, systems where any interior devices are required or
used. (U.F.C. 14-103(a) )
14. Install portable fire extinguishers per NFPA, Pamphlet #10,
but not less than 2AlOBC in rating. Fire extinguishers must
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RESOLUTION NO. � 1-117
not be over 75 ' walking distance. In addition to the above,
a 40HC fire extinguisher is required for commercial kitchens.
15 . Install a hood/duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to,
deep fryers, grills, charbroilers or other appliances which
produce grease laden vapors or smoke. NFPA 96, 17, 17a.
16 . 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 less 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 isiands placed in the
middle of these turn-arounds shall not exceed a 5 ' radius or
10 ' diameter. City standards may be more. restrictive.
17 . Whenever access into private property is controlled through
use of gates, barriers, guard houses or similar means,
provision shall be made to facilftate access by emergency
vehicles in a manner approved by the fire department. All
controlled access devices that are power operated shall have
a radio-controlled over-ride system capable of opening the
gate when activated by a special transmitter located in
emergency vehicles. Devices shall be equipped with backup
power facilities to operate in the event of power failure.
All controlled access devices that are not power operated
shall also be approved by the fire department. Minimum
opening width shall be 16' with a minimum vertical clearance
of 13 ' 6" . One "F" frequency transmitter shall be provided to
fire marshal for each gate installed.
18 . Contact the fire department for a finai inspection prior to
occupancy.
19. This pro�ect may require licensing and/or review by state
agencies. Applicant should prepare a letter of intent
detailing the proposed usage to facilitate case review.
Contact should be made with the Office of the State Fire
Marshal (818-960-6441) for an opinion and a classification of
occupancy type. This information and a copy of the letter of
intent should be submitted to the fire department so that
proper requirements may be speciffed during the review
process. Typically this applies to educational, day care,
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RESOLUTION NO. 91 ' 17 �
institutional, health care, etc. Unknown tenants, leasable
space.
20. Commercial buildings shall have illuminated addresses of a
size approved by the city.
21 . All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior
to construction. Subcontractors should contact the fire
marshal ' s office for submittal requirements.
OTHER:
1 . Fire department equipment access is not acceptable;
adjustments must be made at the E1 Paseo, Highway 111, and
southeast corner of existing building. The buildings
themselves will not be effected, only curbs and parking
islands. Contact fire marshal for alternative island at
Highway 111 entrance.
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