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HomeMy WebLinkAboutCC RES 94-110RESOLUTION NO. 94-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALTFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN TO ALLOW CONSTRUCTION OF A 5745 SQUARE FOOT ONE STORY OFFICE BUILDING AND A 2567 SQUARE FOOT TWO STORY OFFICE/ RETAIL BUILDING AT 42-575 WASHINGTON STREET. CASE NO. PP 94-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of October, 1994, hold a duly noticed public hearing to consider the request of DRS. FRANK AND JANET KERRIGAN for approval of 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. 80-89," in that the director of community development has determined that the project will not have an adverse impact on the environment and a Negative Declaration of Environmental 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 approving said precise plan: 1. The design of the proposed project is compatible with the existing and proposed land uses in the vicinity. 2. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 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 Precise Plan 94-5 is hereby approved, subject to the attached conditions. RESOLUTION NO. 94-1+� PASSED, APPROVED and ADOPTED at a regular meetinq of the Palm Desert City Council, held on this 13 tn day of ocTosEx , 1994, by the following vote, to wit: AYES : BENSOI3, KELLY, SNYDER, WILSON NOES : NONE ABSENT; CRITES AB S TA I N; NONE ATTEST: � ' ` i � � / _ i , � .�''� � �� � U .l`✓ '' ���.�� ��� SHEILA R.-GILLIGAN,� ity Clerk City of Palm Deser� Califurnia 2 RESOLUTION NO . 94- _..0 CONDITIONS OF APPROVAL CASE NO. PP 94-5 Department of Cammunity Develapment: 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 Palm Desert Water & Services District 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. 6. Al1 future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. 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. 8. All sidewalk plans shall be reviewed and approved by the department of public works prior ta architectural review commission submittal. 3 RESOLUTION NO. 94-110 9. Project is subject to Art in Public Places fee per Ordinance No. 473. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Llaeat Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Transportation Uniform Mitigation Fees (T.U.M.F.) in accordance with City of Palm Desert ordinances shall be paid prior to the issuance of building permits. 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. 5. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6. Landscaping maintenance on Washington Street and Dudley Drive shall be the responsibility of the property owner. 7. 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 the grading permit. 8. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 9. 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. 5uch improvements shall include, but not be limited to construction 6 full height curb and gutter and asphalt pavement to match, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approach all in accordance with appropriate city standards. "As-built" plans :� RESOLUTION NO. 94-110 shall be submitted to, and approved by, the Director of Public Works prior to the acceptance af the improvements by the City. 10. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 11. 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 of any permits associated with this project. 12. Size, number and location of driveways shall be to the specifications of the Department of Public Works with one driveway approach permitted to serve this property. 13. Building pad elevations for the proposed project are subject t o review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 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 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. 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 less than 25' nor more than 150' from any portion of the building(s) as measured along 5 RESOLUTION NO. 94-110 approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. 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. 6. 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 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." 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 such as a fully fire sprinklered building. 8. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 9. 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 applies to all buildings with 3000 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. 10. 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. 11. 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. 6 RESOLUTION NO. 94-1i0 12. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 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 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 islands placed in the middle of these turn-arounds shall not exceed a S' radius or 10' diameter. City standards may be more restrictive. 14. Contact the fire occupancy. department for a final inspection prior to 15. This project may require licens� agencies. Applicant should prepare the proposed usage to facilitate ca made with the Office of the State Fi an opinion and a classification information and a copy of the letter to the fire department so that ng and/or review by state a letter of intent detailing �e review. Contact should be re Marshal (818-960-6441) for of- occupancy type. This of intent should be submitted proper requirements may be specified during the review process. Typically this applies to educational, day care, institutional, health care, etc. 16. Commercial buildings shall have illuminated addresses of a size approved by the city. 17. 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 submittal requirements. 18. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Department of Building & Safety: 1. All new and existing (northern property line) overhead electrical distribution lines, telephones, cable antenna television and similar service wires or cables, which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25.56.110. The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25.56.130. 7 RESOLUTION NO. 94-110 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: PP 94-5 APPLICANT/PROJECT SPONSOR: Drs. Frank and Janet Kerrigan 40-100 Washington Street Bermuda Dunes, CA 92201 PROJECT DESCRIPTION/LOCATION: A 5745 square foot one story office building and a 2567 square foot two story office/retail building at 42- 575 Washington Street. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. . llJ���! • ..�� RAMON A. DIAZ DIRECTOR OF COMMUN � October 13, 1994 DATE DEVELOPMENT 8 �� il II I� �� �� il —� --------- --- ----� 1 � � ---=o�.,,�« o� so�_=----------� � �-- I� I� i� J � — . R-3 2,000 r�cM�u� w�rt PC-2 o.s. �a TM� . SITE 0 MI S U � • � o00 H � i� � 0[U���L tT . 0 � R-� s.000 ��<<� CITY OF PALM DESERT Case No. ����"2CITY COUNCIL � � RESOLUTION NQ�.-11` �`,`;; �-��- GEN. PLAN AMEND. �`` �� Date t D i3 1 ���- C��WO o D`� � — �-- — — — '�.�