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
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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
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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.
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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.
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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.
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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.
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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.
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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
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