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HomeMy WebLinkAboutCC RES 02-024RESOLUTION NO. 02-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN / CONDITIONAL USE PERMIT TO CONSTRUCT A 10- UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE WEST SIDE OF SAN RAFAEL 370 FEET SOUTH OF CATALINA WAY, 44-555 SAN RAFAEL AVENUE. CASE NO. PP/CUP 01-24 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of March, 2002, hold a duly noticed public hearing to consider the request of Topman Builders, Inc. / Mike Filing for the above mentioned project; and WHEREAS, the Planning Commission by its Resolution No. 2114 has recommended approval of Case No. PP/CUP 01-24; 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 is a Class 32 categorical exemption; 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 approving said precise plan / conditional use permit: 1. The proposed location of the precise plan / conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. 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. The proposed precise plan / conditional use will comply with each of the applicable provisions of this title. 4. The proposed precise plan / conditional use complies with the goals, objectives, and policies of the city's adopted General Plan. RESOLUTION NO. 02-24 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 PP/CUP 01-24 is hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14 day of March , 2002, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE / SHEILA LIGAN,, pity Clerk / City of Palm Desert,CIifornia 2 RI HARD S. KE LY, Maydr RESOLUTION NO. 02-24 CONDITIONS OF APPROVAL CASE NO. PP/CUP 01-24 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 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. Project shall pay school impact fees as determined by the Desert Sands Unified School District. 6. 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. 3 RESOLUTION NO. 02-24 7. 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. 8. 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 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 to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 9. That the applicant shall execute and obtain approval of the City Council of the attached development agreement prior to obtaining a building permit for the project. Deoartment 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. 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. 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 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. 4 RESOLUTION NO. 02-24 4. All private driveways and parking areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 5. Landscaping maintenance on San Rafael shall be the responsibility of the property owner. 6. 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. 7 Size, number and location of driveways shall be to the specifications of the Department of Public Works with one 24' wide driveway approach to be allowed to serve this property. 8. 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 Department of Public Works. Trash enclosure doors shall be located so as to not block sidewalks. 9. 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. 10. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. 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 Codes, NFPA, UFC and UBC, or any recognized fire protection standards. 5 RESOLUTION NO. 02-24 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 fire flow of 2500 gpm for multifamily dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-1 /2"x2-1 /2", located not less than 25' nor more than 165 feet from any portion of a multifamily dwelling 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. (13 R and attic protector) 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 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 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. 6 RESOLUTION NO. 02-24 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 12 months. 7