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HomeMy WebLinkAboutCC RES 00-141RESOLUTION NO. 00-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING AN APPEAL TO A DECISION OF THE PLANNING COMMISSION AND APPROVING A PRECISE PLAN OF DESIGN FOR A 64,521 SQUARE FOOT TWO STORY PROFESSIONAL OFFICE COMPLEX, DENYING A HEIGHT VARIANCE TO INCREASE THE PERMITTED BUILDING HEIGHT FROM 25 FEET TO 30 FEET, A JOINT USE PARKING ARRANGEMENT WITH THE UNIVERSITY BAPTIST CHURCH ADJACENT TO THE EAST AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR PROPERTY LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE, 330 FEET WEST OF FAIRHAVEN DRIVE, 72-600 FRED WARING DRIVE. CASE NOS. PP 00-1 1 & VAR 00-06 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of December, 2000, hold a duly noticed public hearing to consider the appeal of CHARLIE K. SWEET on behalf of KENNETH AND VANESSA KATZ and WILLIAM BROZ for approval of the project described above; and WHEREAS, the Planning Commission has denied the request by its Resolution No. 2027; 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. 00-24", in that the Director of Community Development has determined that the project will not have a significant 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 persons desiring to be heard, said City Council did find the following facts and reasons to exist, in addition to those delineated in the staff report dated December 14, 2000 which are incorporated herein by reference, to justify granting approval of said request: 1. The precise plan is consistent with the intent and purpose of the O.P. zone district. 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. RESOLUTION NO. 00-141 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 approval of Precise Plan 00-1 1 and a joint parking arrangement with the adjacent property are hereby granted, subject to the attached conditions. 3. That the building height variance (VAR 00-06) is hereby denied. 4. That a Negative Declaration of Environmental Impact, Exhibit A attached, is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th, day of December, 2000, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE TTEST: /SHEILA R. GILLIG City of Palm Dese , City Clerk California 2 RESOLUTION NO. 00-141 CONDITIONS OF APPROVAL CASE NO. PP 00-11 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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 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 and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 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 3 RESOLUTION NO. 00-141 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 plan shall include a Tong -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 to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 8. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the Zoning Ordinance said builder should not leave to medical uses. 9. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 10. Final landscape plans shall comply with the parking lot tree planting master plan and shall be approved by the Architectural Review Commission. 11. 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, TUMF, School Mitigation and Housing Mitigation fees. 12. That the applicant shall enter into an agreement in the form of a recorded covenant with the property owner of the property adjacent to the east (University Baptist Church) for access and parking purposes to the satisfaction of the city attorney. 13. That the design of the carport structures on the church site shall be approved by Architectural Review Commission. 14. That the parking lot lighting comply with Ordinance No. 826 and be designed to prevent any spillover outside of the property. 15. That any exterior building mounted lights be shielded to prevent spillover Tight to adjacent properties. 16. That interior lights shall be turned off when the building is not open for business or during maintenance. 17. That no air conditioning/heating equipment or emergency generating equipment shall be located closer than 60 feet to the north and west property lines. Said equipment shall comply with city noise ordinance. 18. That no trash collection shall take place before 7:00 a.m. 4 RESOLUTION NO. 00-141 19. That business hours shall be limited to 8:00 a.m. until 5:00 p.m. Monday through Saturday. No business or maintenance shall take place on Sunday or holidays. 20. That occupants of the office buildings shall not include doctors, dentists, medical clinics, dental clinics or other uses as prescribed in ordinance No. 883. 21. That the building owner shall require that employees shall park in the church parking lot and leave the on -site parking for customers. Appropriate signs shall be posted. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC Article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual 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 gpm flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2 Y2 "x2 Y2 ", located not Tess than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and Water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 5 RESOLUTION NO. 00-141 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All building 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 not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 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. 11. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. All buildings shall have illuminated addresses of a size approved by the city. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 15. On building A the turning radius around the parking lot shall be 31' inside and 52' outside. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project. 2. Drainage facilities shall be provided in accordance with Section 26.49 of the Palm Desert Municipal Code and the Master Drainage Plan. Drainage facility construction required for this project 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. 3. Signalization fees, in accordance with City of Palm desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 6 RESOLUTION NO. 00-141 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. 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. 6. Applicant shall comply with the provisions of Municipal Code Section 24.08, Transportation Demand Management. 7. 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. 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 and 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. 9. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of any permits associated with this project. 10. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided by the property owner. 11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20 Stormwater Management and Discharge Control. 12. Project access shall include right turn only ingress/egress for the Fred Waring Drive with the proposed Fairhaven Drive access point limited to emergency use only. The design of the Fred Waring Drive access shall include a right turn/deceleration lane with a minimum length of 100' and a 90' reverse curve transition. 13. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans ans specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 14. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 7 RESOLUTION NO. 00-141 15. As required under the Palm Desert code, all existing overhead utilities shall be converted to underground in accordance with the respective utility company recommendation. Special City Council Conditions: 1. Building height not to exceed 24 feet, as shown in the elevations presented to the City Council at its meeting of December 14, 2000, and that the approved elevations not include tower elements above 24 feet. 2. That the landscaping plan be designed along the project's easterly border, along Fairhaven Drive and the easterly portion of the University Baptist Church parking lot, to provide larger than normal initial tree plantings. 8 RESOLUTION NO. 00-141 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 00-1 1 APPLICANT/PROJECT SPONSOR: Charlie K. Sweet 43-708 Virginia Avenue Palm Desert, CA 92211 PROJECT DESCRIPTION/LOCATION: Kenneth and Vanessa Katz William Broz 77-587 Ashberry Court Palm Desert, CA 92211 Project includes approval of a precise plan of design and Negative Declaration of Environmental Impact for a 64,521 square foot two-story office complex on the property known as 72-600 Fred Waring Drive. 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. HILIP to . _ 'DECEMBER 14, 2000 DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9