HomeMy WebLinkAboutCC RES 98-139�
RESOLUTION NO. 98-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
� DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/
CONDITIONAL USE PERMIT TO ALLOW THE REMODEL OF
PALMS TO PINES PLAZA EAST AND AN EXCEPTION TO THE
BUILDING HEIGHT, ALSO KNOWN AS APN 640-170-005, 006
AND 008.
CASE NO. PP/CUP 98-16
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of November, 1998, hold a duly noticed public hearing to consider the request of
AMERICAN 1NVESTMENT GROUP/PALM DESERT LLC for approval of the above project; and
WHEREAS, the Planning Commission has approved the above noted request; 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. 97-18," in that the Director of Community Development has determined that the project
is a Class 2 categorical exemption for the purposes of CEQA and no further documentation
is necessary; and
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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 more fully delineated in the staff report dated November 12,
1998, to exist to justify granting approval of said precise plan/conditional use permit and
height exception:
1. That the proposed location of the precise plan/conditional use is in accord with
the objectives of this title and the purpose of the district in which the site is
located.
2. That the proposed location of the precise plan/conditional use and the
conditions under which it will be operated and maintained will not be
detrimental to the public health, safety or general welfare, or be materially
injurious to properties or improvements in the vicinity.
3. That the proposed precise plan/conditional use will comply with each of the
applicable provisions of this title, except for parking and building height as
discussed at length in the staff report dated October 6, 1998.
''� 4. That the proposed precise plan/conditional use complies with the goals,
objectives and policies of the City's adopted General Plan.
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RESOLUTION NO. 98-139
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 City Council in this case.
2. That approval of Precise Plan/Conditional Use Permit 98-16 on file in the
Department of Community Development is hereby approved, subject to the
attached conditions (Exhibit A).
3. That the height of the remodeled center is approved with tower elements not
to exceed 40 feet in height and the plans shall be returned to Architectural
Review Commission to effect such change and to further consider the color
palette.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 12th day of November, 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
f�T: ` /
BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NONE
NONE
NONE
SHEILA R. 6tC�AN, Cit���rk
City of Palm Desert, Catif a
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"�" RESOLUTION NO. 98-139
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CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-16
Department of Community Development:
1. The development of the property shail 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 commission and building
permit procedures.
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.
r' 4. 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.
5. 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:
Riverside County Department of Health
Palm Desert Architectural Review Commission
City Fire Marshal
6. Final landscape plans shall comply with the parking lot tree planting master plan.
7. 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 project, 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. The final landscape
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plan shall include a long-term maintenance program specifying among other matters
appropriate watering times, fertilization and pruning for various times of the year for
the specific materials to be planted, as well as periodic replacement of materials. All
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RESOLUTION NO. 98-139
to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and
the approved landscape plan.
8. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF,
School Mitigation and Housing Mitigation fees.
9. That pursuant to Resolution No. 90-130 this development shall pay the appropriate
commercial development low income housing mitigation fee (51.00 per square foot).
10. That the applicant delete the proposed 3,000 square foot retail building at the
southeast corner of the site in order that the existing parking ratio of 4.3 parking
spaces is maintained.
1 1. That the applicant obtain approval of the City Council of an exception to the building
height limits.
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12. Applicant shall participate in a commercial recycling program as determined by the
City Environmental Conservation Manager and applicable waste disposa! company.
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.
13. A detailed parking lot and building lighting plan shali be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a qualified
lighting engineer.
14. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to Architectural Review Commission submittal.
15. Delivery hours to the center shall be limited to 6:00 a.m. to 10:00 p.m.
16. Store hours for the center shall be limited to 6:00 a.m. to 12:00 a.m. (midnight)
seven days a week.
17. That the operation of a 24-hour drive through window (pharmaceutical sales only) be
allowed.
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"" RESOLUTION NO. 98-139
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18. That the project shall not include any exterior telephone facilities (any pay telephones
shall be located within buildings) and sidewalk vending machines including cart
storage shall be located behind architectural screens to be approved by Architectural
Review Commission.
Depar�ment of Public Works:
1. 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.
2. Landscaping maintenance on all property frontages shall be the responsibility of the
property owner.
3. 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
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Department of Public Works.
4. 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. On-site improvements associated with the proposed Highway 1 1 1 project entry shall
be in accordance with City of Palm Desert Project No. 626, Highway 111 and
Highway 74 intersection improvements.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, UFC, and UBC
and/or recognized fire protectior 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. 10.301 C.
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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.
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RESOLUTION NO. 98-139
3. Provide, or show there exists, a water system capable of providing a potential gailon
per minute flow of 3000 gpm 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"x4"x2-1 /2"x2-
1/2"}, located not less than 25' nor more than 150' commercial from any portion of
the building(s) as measured along approved vehicular travelways. Hydrants installed
below 3000' elevation shal! 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
fie(d inspection by the Fire Department prior to request for finai inspection.
6. 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.
7. 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.
8. 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.
9. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In
addition to the above, a 40BC �xtinguisher is required for commercial kitchens.
10. Commerciai buildings shall have illuminated addresses of a size approved by the city.
1 1. 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.
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