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HomeMy WebLinkAboutCC RES 96-57RESOLUTION NO. 96-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 9200 SQUARE FOOT PRECISE PLAN OF DESIGN FOR A 35,000 SQUARE FOOT LOT ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 505 FEET EAST OF DEEP CANYON ROAD. CASE NO. PP 96-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of August, 1996, hold a duly noticed public hearing to consider the request of Real Property Associates for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of community development has determined that the project is a Class 1 categorical exemption for the purposes of CEQA and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts and reasons to exist to justify its actions as described below: 1. The design of the precise plan will not substantially depreciate property values 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. 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 96-6 on file in the department of community development is hereby approved, subject to conditions (Exhibit "A"). r RESOLUTION NO. 96-57 City of Palm Desert, C PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of September, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: ,�. 1; Benson, Crites, Kelly, Spiegel, Snyder None None None SHEILA R. GILLIGAN, City "lerk fornia 2 WALTER H. SNYDER, -'or • ti EXHIBIT "A" RESOLUTION NO. 96-57 CONDITIONS OF APPROVAL CASE NO. PP 96-6 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. 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. 3. 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. 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 Desert Sands Unified School District Caltrans 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 applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 3 • .r RESOLUTION NO. 96-57 7. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1.00 per square foot). 8. That the landscaping in the parking lot comply with the provisions of the Master Parking Lot Tree Plan. 9. That a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 10. Delivery hours to the center shall be limited to 8:00 a.m. to 10:00 p.m. 11. Store hours for the business shall be limited to 6:00 a.m. to 12:00 p.m. (midnight) seven days a week. 12. That any future restaurants on the site shall provide an effective means of odor control from cooking units satisfactory to the Director of Community Development/Planning prior to issuance of building permit. 13. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 14. Applicant and/or their successor shall pay all city fees in effect when building permits for this development's project are issued. 15. That the developer (owner) shall provide a reciprocal access easement across the subject property to the site known as Lucky Supermarket immediately adjacent to the west and north. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to recordation of final map. 2. Drainage facilities, as designated within the Master Drainage Plan of the City of Palm Desert shall be provided to the specifications of the Director of Public Works. 3. 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 prior to start of construction. 4 RESOLUTION NO. 96-57 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 6. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. Improvements within the Caltrans right-of-way shall be subject to approval and permit issuance by that agency. 7. 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. 8. 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 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. Such offsite improvements shall include, but not be limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration, and the installation of emergency access provisions from Highway 111 to the project. "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. (9) 9. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the Department of Public Works prior to project final. 10. Landscaping installation on the Highway 111 property frontage shall be drought tolerant in nature and maintenance shall be provided by the property owner/developer. Highway 111 median landscaping shall also be drought tolerant in nature. 11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any 5 RESOLUTION NO. 96-57 permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation related issues. 12. Rights -of way as necessary to accommodate the required street improvements shall be provided prior to the issuance of any permits required for the work. 13. 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. 14. 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. 15. Building pad elevations are subject to review and approval in accordance with Chapter 27 of the Palm Desert Municipal Code. 16. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be converted to underground in accordance with the respective utility district recommendation. 17. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Mitigation. 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 Codes, appropriate NFPA standards, CFC, CBC, 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 California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 6 r RESOLUTION NO. 96-57 gpm for a two hour duration at 20 psi residual operating pressure. 4. A combination of on -site and off -site Super fire hydrants, wet barrel (6"x4"x2-1/2"x2-1/2") will be required, located not less than 25' or more than 150 feet from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. The require fire flow shall be available from any adjacent hydrant(s) in the system. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the require fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a 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. 7. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 8. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to 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 fora cumulative total square footage. Exempted are one and two family dwellings. 9. 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. 10. 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. 7 RESOLUTION NO. 96-57 11. 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)) 12. Install portable fire extinguishers per NFPA 10, but not less than 2A1OBC 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. 13. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A) 14. 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. 15. A second access is required on the south end of the property. This may be an emergency access only and not for public use. 16. Contact the fire department for a final inspection prior to occupancy. 17. Commercial buildings shall have illuminated addresses of a size approved by the city. 18. 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. 19. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 8