HomeMy WebLinkAboutCC RES 01-041RESOLUTION NO. 01-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REQUEST BY THE
RICHARD J. HECKMANN FOUNDATION FOR APPROVAL OF A
PRECISE PLAN/CONDITIONAL USE PERMIT AND HEIGHT
EXCEPTION TO PERMIT THE CONSTRUCTION OF THE RICHARD
J. HECKMANN INTERNATIONAL CENTER FOR
ENTREPRENEURIAL MANAGEMENT ON PROPERTY LOCATED
AT THE NORTHEAST CORNER OF COOK STREET AND FRANK
SINATRA DRIVE, 75-150 FRANK SINATRA DRIVE.
CASE NO. PP/CUP 00-16
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd
day of March, 2001, hold a duly noticed public hearing to consider the request by RICHARD
J. HECKMANN FOUNDATION for the above project; and
WHEREAS, the Planning Commission by its Resolution No. 2008 has recommended
that the project be approved; 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. 00-24," in that the project was reviewed as part of an Environmental Impact Report
which was prepared and certified in 1999, pursuant to City Council Resolution No. 99-34,
and no further documentation is necessary; 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 more fully delineated in the staff report dated March 22,
2001 to exist to justify approval of said precise plan/conditional use permit:
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 building height as discussed at length
in the staff report dated August 15, 2000.
4. That the proposed precise plan/conditional use complies with the goals,
objectives and policies of the City's adopted general plan.
RESOLUTION NO. oi-41
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 Case No. PP/CUP 00-16 on file in the Department of Community
Development is hereby approved, subject to conditions (Exhibit A).
3. That the height of the project is approved as shown on plans given conceptual
approval by the Architectural Review Commission on July 13, 2000, said
plans on file with the Department of Community Development.
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City
Council, held on this 22nd day of March , 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, FERGUSON
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE
ATTEST:
,(1,G1t.,/
SHEILA R. bit-LtGAN, y Clerk
City of Palm Desert, lifornia
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RESOLUTION NO. 01-41
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 00-16
Department of Community Development:
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:
Coachella Valley Water District
Palm Desert Architectural Review 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.
6. Should the applicant choose to create an illuminated parking lot or illuminate the
building exterior, a detailed parking lot and/or building lighting plan shall be submitted
for staff approval, subject to applicable lighting standards per Ordinance No. 826,
plan to be prepared by a qualified lighting engineer.
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RESOLUTION NO. 01-41
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to Architectural Review Commission review of final landscape plan.
8. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
9. Final landscape plans shall comply with the parking lot tree planting master plan.
10. 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
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.
11. 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
and low income housing mitigation fee.
12. All relevant mitigation measures as delineated in the 1999 Environmental Impact
Report shall be conditions of this application.
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 recordation of the final map.
2. Any 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. The project shall
be designed to retain storm waters associated with the increase in developed vs.
undeveloped condition for a 100-year storm.
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. 01-41
4. 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.
5. 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.
6. 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 grading
permits.
7. Landscape installation on the property frontages shall be water efficient in nature and
shall be in accordance with the City of Palm Desert landscape design standards.
Landscaping maintenance for said landscape shall be provided by the property owner
(8) Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
8. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control as well as Section 24.20, Stormwater Management and Discharge
Control.
9. 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.
10. 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 permits.
11. Traffic safety striping on Frank Sinatra Drive shall be provided to the specifications
of the Director of Public Works. A traffic control plan must be submitted to, and
approved by, the Director of Public Works prior to the placement of any pavement
markings.
12. 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. Improvements shall include, but not be limited to the following:
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RESOLUTION NO. 01-41
* Installation of curb and gutter at variable distance from centerline (43
feet min./69 feet max.), AC paving and meandering sidewalk along
Frank Sinatra Drive.
* Installation of transit facilities as may be required by Sunline Transit.
* Installation of restricted access driveway on Frank Sinatra Drive
providing left and right turn ingress and right turn only egress including
modifications to the existing median island as may be necessary.
13. The proposed parking area design shall be modified to provide for the future
connection to the future site "ring road".
14. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
15. Prior to start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Works of intended compliance with the National Pollutant Discharge
Elimination (NPDES) General Permit for storm water discharges associated with
construction.
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 provided in
accordance with City Municipal Code, NFPA, UFC, and UBC 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 UFC article 87.
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 is placed on the job site.
3. Provide, or show there exists a water system capable of providing a gpm flow of
3000 for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x 2-
1/2"x 2-1/2") located not Tess than 25' or more than 150' from any portion of a
commercial building measured via vehicular travelways.
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RESOLUTION NO. 01-41
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.
9. Install portable fire extinguishers per NFPA 10, but not Tess than 2A10BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and
private cooking operations except single-family residential usage.
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 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.
12. A dead end single access over 500' will require a secondary access, sprinklers or
other mitigative measures approved by the Fire Marshal. Under no circumstances
shall a dead end over 1300' be accepted.
13. A second access is required. This can be accomplished by two main access points
from a main roadway or an emergency gate from an adjoining development.
14. All buildings shall have illuminated addresses of a size approved by the city.
15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
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RESOLUTION NO. 01-41
16. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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