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HomeMy WebLinkAboutCC RES 96-38r 00 3 RESOLUTION NO. 96-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN OF DESIGN FOR A 31,180 SQUARE FOOT PROFESSIONAL OFFICE BUILDING AND LOT CONSOLIDATION OF A 61,920 SQUARE FOOT SITE ON THE SOUTH SIDE OF FRED WARING DRIVE EXTENDING WEST FROM SAN PASCUAL A DISTANCE OF 430 FEET. ADDENDUM TO CASE NOS. PP 95-8 AND PMW 95-23 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of June, 1996, hold a duly noticed public hearing to consider the request of DR. SURESH SHAH for approval of the above described 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. 95-105," 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 has been prepared; and WHEREAS, the Planning Commission has adopted its Resolution No. 1741 recommending approval of addendum to Precise Plan 95-8 and PMW 95- 23; 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 its actions as described below: PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. PARCEL MAP WAIVER 1. The property in question is presently made up of 3 separate parcels. In order to proceed with the project these lots must be consolidated into one single parcel which this map does. RESOLUTION NO. 96-38 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 the Negative Declaration of Environmental Impact Exhibit "A" attached is hereby certified. 3. That Addendum to Precise Plan 95-8 and PMW 95-23 on file in the department of community development/planning are hereby approved, subject to conditions (Exhibit "B"). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13 day of June , 1996, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA R. GILLIGAIW/City Clerk City of Palm Des , California WALTZ2444/12?e'L.-•/ ERR H. SNYDER, ayo 2 RESOLUTION NO. 96-38 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: Addendum to PP 95-8 and PMW 95-23 APPLICANT/PROJECT SPONSOR: Narendra Patel, AIA 69-730 Highway 111, Suite 118 Rancho Mirage, CA 92270 Dr. Suresh Shah 73-345 Highway 111 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Addendum to a precise plan of design and parcel map waiver for a 31,180 square foot professional office building and lot consolidation of a 61,920 square foot site extending west from San Pascual a distance of 430 feet. 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. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 RESOLUTION NO. 96-38 EXHIBIT "B" CONDITIONS OF APPROVAL ADDENDUM TO CASE NOS. PP 95-8 AND PMW 95-23 Department of Community Development/Planning: 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, if applicable: 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. That the net leasable floor area in the building shall not exceed 26,503 square feet. 6. All future occupants of the building shall comply with parking requirements of the ordinance; specifically medical offices shall be limited to a maximum total of 8,003 square feet of the total building. 4 RESOLUTION NO. 96-38 7. Trash and recycling provisions shall be approved by applicable trash company and city prior to issuance of building permit. 8. That a six foot high masonry wall be provided along the south and west property lines. 9. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 10. Payment of low income housing mitigation fee per applicable ordinance. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert 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. 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. 4. 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. 5. Landscaping maintenance on Fred Waring Drive shall be the responsibility 'of the property owner. 6. 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. 7. 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. 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 of any permits associated with this project. 5 RESOLUTION NO. 96-38 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. Such improvements shall include, but not be limited to removal of existing driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards. "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. 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. Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches permitted to serve this property. Access shall be limited to right turn ingress/egress only. 12. Grading permit issuance shall be subject to the waiver of parcel map for parcel consolidation first being approved and recorded. As part of the waiver of parcel map process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties. 13. Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 6 RESOLUTION NO. 96-38 the front of the building, not less than 25' from the building and within 50' of an approved Super 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 as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for. sprinkler systems. 9. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: No Parking Fire Lane - PDMC 15.16.090. 10. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103 (a)). 11. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 12. 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 5' radius or 10' diameter. City standards may be more restrictive. 13. Contact the fire department for a final inspection prior to occupancy. 8 RESOLUTION NO. 96-18 14. This project 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 specified during the review process. Typically, this applies to, but is not limited to, educational, day care, institutional, health care type facilities. 15. Commercial buildings shall have illuminated addresses of a size approved by the city. 16. 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. 17. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 9