HomeMy WebLinkAboutCC RES 92-015RESOLUTION NO. 92-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAL�
DESERT, CALIFORNIA, APPROVING AN ADDENDUM TO AN
APPROVED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND A PRECISE PLAN/CONDITIONAL USE PERMIT
AMENDMENT REDUCING THE SIZE OF THE PARKZNG LOT OH
THE EAST SIDE OF MONTEREY AVE'.�IUE BETWEEN HIGHWAY 111
AND SAN GORGONIO WAY.
CASE NO. PP/CUP 90-5 AMENDMENT
WHEREAS, the City COuncil of the City of Palm Desert, California,
did on the 13th day of February, 1992, hold a duly noticed public
hearing to consider the request of FELIDAZ, INC. for an addendum to an
approved Negative Declaration of Environmental Impact and a precise
plan/conditional use permit amendment reducing the size of the parking
lot on the east side of Monterey Avenue between Highway 111 and San
Gorgonio Way; 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. SO-89," in that the director
of community development has determined that the amended project will
not have an adverse impact on the environment and an addendum to the
previously approved Negative Declaration of Environment Impact has been
prepared; 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 amended precise plan and conditional
use permit:
1. The redesigned parking lot complies with parking ordinance
standards for number of spaces and circulation design.
2. The proposed use and design of the project is consistent with
the goals and objectives of the General Commercial zone, the
Palma Village Commercial Core Area Specific Plan and Palm
Desert General Plan.
3. The proposed project represents a substantial improvement for
the area and will encourage a general upgrading af existing
buildings in the vicinity.
4. The developer of the proposed rear parking area specificaily
implements a program described by the Palma Village and
Commercial Core Area Specific Plan and will create a 30 foat
wide greenbelt adjacent San Antonio Circle.
5. The project will therefore not depreciate values, restrict the
lawful use of adjacent properties or threaten the public
health, safety or general welfare.
6. The relationship between the project and the residence a� ��-
875 meets the Office Professional District standards •.�����:
mitigate potential impacts between commercial and ad�acer.}
residential uses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C�ty of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the council in this case.
2. That PP/CUP 90-5 Amendment on file in the Department of
Community Development/Planning and a Negative Declaration of
Environmental Impact addendum Exhibit A is hereby approved,
subject to attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Paim
Desert City Council, held on this 13th day of February, 1992, by the
following vote, to wit:
AYES: BENSON, SNYDER, KELLY
NOES: CRITES, WILSON
ABSENT: NONE
ABSTAIN: NONE ��- n � � � �A
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RICHARD S. KELLY, Mayor
RTTE T:
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SHEILA R. GIL IGAN, C Clerk
City of Palm Desert, lifornia
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RES�LUTION N0. 92-15
CONDITIONS OF APPROVAL
PP/CUP 90-5 AMENDMENT
Department of Community Development:
1. The approval is subject to the acquisition of a portion of Lot �3�
Palma Village Unit No. 7. If Lot 137 cannot be acquired then t^e
approval shall have no effect.
2. The development of the property shall conform substantially wit�
exhibits on file with the department of community development, as
modified by the following conditions.
3. 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 commission and building
permit procedures.
4. Construction of a portion of said pro j 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.
5. 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.
6. Prior to issuance of a building permit for construction of any use
contemplated by the approval, the applicant shall 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
Palm Desert Water and Services District
7. That prior to issuance of building permit the owner (developer)
provide t2� city with evidence that he has paid the required school
mitigativ� fee.
S. The roo! hatch areas shall be equipped with steel hatches and
inside lockinq devices to prevent forcible entry.
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9. Applicant agrees to maintain the landscaping requ�red �� �e
installed pursuant to these conditions. Applicant will en�er ::,��
an agreement to maintain said landscaping for the life o� *�e
project, which agreement sha12 be notarized and which agreement
shall be recorded. It is the specific intent of the parties �na�
this condition and agreement run with the land and bind successors
and assigns.
10. Applicant shall
plant materials
plan. Parking
requirements.
emphasize drought resistent and water conserving
and irrigation technologies into the landscape
lot shall conform to shade tree ordinance
11. The project shall include provision for commercial recycling
including a program for interior collection.
12. Site plan and architecture shall be modified to include the
following:
a. The two story building be setback a minimum 12 feet average
of 15 feet (25' from curb).
b. That the building on the San Gorgonio corner be reduced in
height from 30 feet to 24 feet.
c.
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The west facing elevations be modified to include solar
protection for second story windows.
Second story east and north facing windows shall have 5'8"
minimum sill height or use transZucent glazing to prevent
views into residential rear yards.
13. Project shall participate in Arts in Public Places program through
payment of in-lieu fee or provision of approved equivalent art
piece.
14. Final landscape plan shall include perimeter treatment to the
mutual satisfaction of both the applicant and property owner of Lot
137.
15. Project shall comply with the provisions of the office professional
zone (i.e. retail uses prohibited), all subject to acquisition of
the final parcel.
16. Service deliveries and trash pickup shall be restricted to between
the hours of 8:00 a.m. and 10:00 p.m.
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RESOLUTZON N0. 92-15
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid
prior to the issuance of any permits associated with this project
and recordation of the required parcel map.
2. Any storm drain 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.
3. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to the
issuance of any permits associated with this project.
4. Full public improvements, as required by Sections 26.40 and 26.44
of the Palm Desert Municipal Code, shall be installed in accordance
with applicable city standards. Public improvements shall include,
but not be limited to, removal of existing drive approaches,
reconstruction and installation of curb and gutter and meandering
sidewalk, construction of full alley improvements and a minimum 8
foot widening of Monterey Avenue, east side, between Highway 111
and San Gorgonio Way including construction of a dedicated right-
turn land on Monterey Avenue at San Gorgonio Way.
5. 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 shall be
reviewed and approved by the director of public works and a surety
posted to guarantee the installation of all required offsite
improvements prior to issuance of a grading permit. "As-built"
plans shall be submitted to, and approved by, the director of
public works prior to the acceptance of the improvements by the
city.
6. All private drivewaya and parking lots shall be inspected by the
engineerinq department and a standard inapection fee paid prior to
the inspection of a grading permit. Parkinq lot design shail
include provisions for continuous landscaped barrier islands
abutting th� parking staffs to enhance vehicle safety and provide
parkinq lot landscaping. In addition, parking lot striping plan
shall include provisions for handicap parking.
7. Applicant ahall provide for landscaping within the existing public
parkway on San Antonio Circle as well as appropriate site
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landscaping. All landscaping maintenance shall be �~e
responsibility of the property owner.
8.' In accordance with Palm Desert Municipal Code Chapter 27, complete
grading plans and specifications shall be submitted to the director
of public works for checking and approval prior to the issuance cf
any permits associated with this project.
9. Applicant shall provide for the undergrounding of all existing
overhead utility lines in accordance with the respective utility
owners recommendation. If such underground is found to be
unfeasible by the city and the utility, applicant shall submit to
the city, in a form acceptable to the city attorney, surety in an
amount equal to the estimated construction cost of such
undergrounding.
10. Size, number and location of driveways shall be to the
specifications of the department of public works with a maximum
three driveway approaches permitted to serve this property. The
alley entries as shown on the project site plan shall be redesigned
to provide for two access points. The redesign shall be subject
to the approval of the director of public works and fire marshal.
The San Gorgonio Way entry shall be a minimum width of thirty (30)
feet.
11. Proposed building pad elevations are subject to review and ,�
modification in accordance with Section 27 of the Palm Desert
Municipal Code.
12. Any and all off-site improvements shall be preceded by the approval
of plans and the issuance of valid encroachment permits by the
department of public works.
13. 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.
14. Complete parcel map shall be submitted to the director of public
works for checking and approval and be recorded prior to the
issuance of any permits associated with this project. As part of
the parcel map process the applicant shall provide for either the
pay-off or reapportionment of any city assessment existing against
the subject properties.
15. Waiver of access to all public streets except at approved locations
shall be granted on the parcel map.
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RESOLUTION N0. 92-15
16. That area indicated as "SERVICE" on the project site plan shall be
r�located so as not to impact the proposed San Gorgonio access
� throat.
17. Site drainage shall be controlled so that no additional surface
flows are directed easterly of the project along the alley roadway.
Surface drainage from the project which may drain to the alley
easterly of the site shall be contained on-site by means of dry
wells or alternate systems as may be approved by the director of
public works.
18. Traffic safety striping on Monterey Avenue, San Gorgonio Way and
the alley shall be provided to the specifications of the director
of public works. A traffic control plan must be submitted to and
approved by the director of public works prior to the placement of
any pavement markings.
City Fire Marshal:
1. The fire department recommends the following fire protection
measures be provided in accordance with City Municipal Codes, NFPA,
UFC, and UBC andJor 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. Provide, or show there exists, a water system capable of providing
a potential gallon per minute 1500 for single family, 2500 for
multifamily, and 3000 for commercial. The actual fire flow
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.
3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating presaure must be available before any combustible
material is placed on the job site.
4. The required fire flow shall be available from a Super hydrant(s)
( 6" x 4" x 2-1/2" u 2-1/2" ) located not less than 25' nor more than
200' single family, 165' multifamily, and 150' commercial from any
portion o� the building(s) as measured along approved vehicular
travelways. Hydrants installed below 3000' elevation shall be of
thA "Wet b�rrel" type.
5. Provide written certification from the appropriate water company
having juriediction that hydrant(s) will be instailed and will
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produce the required fire flow, or arrange field inspection by �he
fire department prior to request for final inspection.
6. A combination af 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' cr
more than 200' 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.
7. The required fire flow may be adjusted at a later point in the
permit process to reflect changes in design, construction type,
area separations, or built-in fire protection measures.
8. Prior to the application for a building 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 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 shall meet the fire flow 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 ac.cordance with the ,
requirements prescribed by the Riverside County Fire Department."
9. Comply with Title 19 of the California Administrative Code.
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.
11. Install a fire alarm (waterflow) as required by the Uniform
Building Code 3803 for sprinkler system.
12. Install tamper alarm on supply valve for sprinkler systems.
13. Certain designated areas will be required to be maintained as fire
lanes.
14. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code.
15. Instail panic hardware and exit signs per Uniform Building Code,
and/or Uniform Fire Code.
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RESOLUTION NO. 92-15
16. Install portable fire extinguishers per NFPA, Pamphlet #10, but not
less than 2AlOBC in rating. Fire extinguishers must not be over
75' walking distance.
17. Install a hood/duct automatic fire extinguisher system, only if
commercial cooking facilities--does not apply to office use.
18. All buildings shall be accessible by an all-weather roadway
extending to within 150' of all gortions 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 25' radius turn-
around (55' in industrial developments). Fountains or garden
islands placed in the middle of these turn-arounds shall not exceed
a 5' radius or 10' diameter.
19. If gated, whenever access into private property is controlled
through use of gates, barriers, guard houses or similar means,
provisions shall be made to facilitate 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 12', with a minimum vertical clearance of
13'6".
20. Occupancy separation will be required as per the Uniform Building
Code, Sec. 503. Building plan check review.
21. Install panic hardware and exit signs as per Chapter 33, sections
of the Uniform Building Code.
22. Contact the fire department for a final inspection prior to
occupancy.
23. An approved NFPA 13 sprinkler system is required for all buildings
over 5000 square feet in size. Area separation will not exempt the
buiiding izo� this requirement. EXEMPTION: One and two family
residencse.
City Council Condition:
1. Retail commercial shall not exceed 50$ of the total gross floor
area.
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EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of �he
California Administrative Code.
NEGATIVE DECLARATION
CASE NO: PP/CUP 90-5 Amendment
APPLICANT/PROJECT SPONSOR:
Felidaz, Inc.
c/o Frank Goodman
77-000 Avenue of the States
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION: A redesigned parking lot for a 35,859
square foot commercial complex and greenbelt on 11 lots fronting on
Monterey Avenue and San Antonio Circle.
The Director of the Department of Community Development, City of Palm
Desert, California, has found that the redesigned parking lot will not
result in significant adverse impacts on the environment. Attached
statement addresses those potentially significant issues and mitigation
measures associated with the amendment not previously addressed in the
original Negative Declaration C/Z 90-2, PP/CUP 90-5 approved June 14,
1990.
RAMON A. DI
DIRECTOR OF
Febru
DEVELOPMENT
13. 1992
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L<�+J V L�J l 1 V:r �r V. i 6� 1.�
ADDENDUM TO APPROVED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
A negative declaration was approved June 14, 1990 and a notice of
determination was filed with the Clerk of the Riverside County
Soard of Supervisors and posted in accordance with CEQA
requirements. The new plan reduces only the size of the parking
lot and does not change overall project impacts. The size of the
building remains identical to the original approval. There has
been no significant change in the external environment.
The new feature of the plan subject to potential impacts involves
the preservation of the existing home at 44-875 San Antonio Circle.
This property was not subject to impacts in the original plan since
it was to be incorporated into the parking lot. The home and
reduced lot size will exceed the dimensional and setback standards
of the R-1 5000 zone. Its relationship to the proposed building
meets the setback standards of both the C-1 zone and the more
restrictive O.P. zone. Those standards have successfully mitigated
commercialjresidential land use conflicts in similar projects
recently completed in the vicinity.
NOISE
There will be short term noise impacts on the residential unit
during the actual construction period. These impacts are mitigated
by the city's working hours regulation which restrict construction
activity to 7:00 a.m. to 5:30 p.m. Monday through Friday, 8:00 a.m.
to 5:00 p.m. Saturday with no activity permitted on Sunday.
Currently, the major noise impact on the residential unit comes
from Monterey Avenue. The construction of the project will
significantly reduce those existing noise impacts through the
creation of a two story sound barrier. The-much less significant
impacts of low speed vehicles in the parking lot will be mitigated
by a six foot masonry wall replacing the existing wood fence and
landscaping. The project has also been conditioned to restrict
deliveries and trash collection to between the hours of 8:00 a.m.
and 10:00 p.m.
AIR QUALITY
The project may reault in short term air quality impacts due to
dust and PM10 during grading and construction. These impacts will
be mitigat�d by strict monitoring of conformance to the city's dust
management requirements and AQMD PM10 management plans.
CONCLUSION
The physical relationship between the proposed project and the
residential property at 44-875 San Antonio Circle and the condition
under which it will be operated will not result in significant
adverse impacts on the environment.
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