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HomeMy WebLinkAboutCC RES 01-090RESOLUTION NO. 01-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 24,933 SQUARE FOOT OFFICE/BANK COMPLEX LOCATED ON 2.33 ACRES ON THE NORTH SIDE OF COUNTRY CLUB DRIVE EAST OF PORTOLA AVENUE, 74-150 COUNTRY CLUB DRIVE. CASE NO. PP 01-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of June, 2001, hold a duly noticed public hearing to consider the request of ROBERT ORR for approval of the above noted cases; and WHEREAS, the Planning Commission by its Resolution No. 2073 has recommended approval of Case No. PP 01-02; 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 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 interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of said request: 1. The precise plan as conditioned is consistent with the intent and purpose of the Office Professional zone. 2. The design of the precise plan and the manner in which it will be operated will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The precise plan of design will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The precise plan will not endanger the public peace, health, safety or general welfare. /•1 RESOLUTION NO. 01-90 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 Precise Plan 01-02 is hereby approved, subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact (Exhibit A attached hereto), is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 28th day of June , 2001, by the following vote, to wit: AYES: BENSON, SPIEGEL, KELLY NOES: CRITES ABSENT: FERGUSON ABSTAIN: NONE SHEILA R. IGA'l, ity Clerk City of Palm Dese , ' alifornia 2 4dS, RICHARD S. KELLY, MAYOR P O-TEMPORE RESOLUTION NO. 01-90 CONDITIONS OF APPROVAL CASE NO. PP 01-02 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. 01-90 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. That if this project proceeds prior to development on the property to the west, it shall install to full two-way width the access driveway shown on the site plan on the west portion of this property and the east limit of the property to the west. Project shall offer to and obtain from the property to the west a reciprocal access easement for the proposed driveways located on the west perimeter of this site and the east perimeter of the lot to the west. 9. That an open space development plan be included as part of the landscape plan for the open space area located on the midpoint of the lot north of the bank and south of the office building. 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 issuance of a grading permit. The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 25 year storm. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction associated with 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. 4. 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. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. 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 4 RESOLUTION NO. 01-90 construction of any improvements is commenced. 0ffsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "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. 6. 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. 7. Landscaping maintenance on Country Club Drive frontage shall be the responsibility of the property owner. 8. 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. 9. Project shall utilize the existing driveway access located on the east property line. Reciprocal access agreements shall be executed with properties located to the east and west. 10. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 11. 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 the grading permit. 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust (PM 10) Control as well as Section 24.20, Stormwater Management and Discharge Control. 5 RESOLUTION NO. 01-90 Riverside County Fire Deoartment: 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 3,000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 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 3,000 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 less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. 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' 6 RESOLUTION NO. 01-90 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. 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. 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 12 months. Other: Provide secondary access from the west property line through Lot 28 (lot to the west) to connect with the existing driveway at the southwest corner of Lot 28. 7 RESOLUTION NO. 01-90 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 01-02 APPLICANT/PROJECT SPONSOR: Robert Orr 77-734 Country Club Drive, Suite K Palm Desert, CA 92211 PROJECT DESCRIPTION/LOCATION: A 24,933 square foot office/bank complex located on 2.33 acres on the north side of Country Club Drive east of Portola Avenue, 74-150 Country Club 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. -)1kQfi--- 44/7// I PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 8