HomeMy WebLinkAboutCC RES 04-108CITY COUNCIL RESOLUTION NO. 04-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, GRANTING AN APPEAL AND REVERSING
PLANNING COMMISSION DENIAL OF PP 04-07 TO ALLOW
CONSTRUCTION OF A 5,250 SQUARE FOOT OFFICE / COMMERCIAL
RETAIL BUILDING AT 73-168 HIGHWAY 111
CASE NO. PP 04-07
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th
day of October, 2004 hold a duly noticed public hearing to consider an appeal by Allan
Zylstra regarding Planning Commission denial of PP 04-07 to allow a 5,250 square foot
office / commercial retail building at 73-168 Highway 111; and
WHEREAS, upon hearing and considering all testimony and arguments, if any, of
all persons desiring to be heard, said City Council finds the following facts and reasons to
justify granting the appeal and reversing Planning Commission denial of PP 04-07:
1. The precise plan is well designed with quality architecture.
2. The precise plan implements the goals and objectives of the General Plan
and the Palma Village Specific Plan.
3. With the exception of parking, the precise plan complies with zoning
ordinance requirements. Adequate on -street parking exists to meet the
short term requirements of the project. The applicant shall participate
financially in the long term parking solution as described in the General
Plan.
4. The design of the precise plan will not substantially depreciate property
values in the vicinity, nor be materially injurious to properties or
improvements in the vicinity.
5. The precise plan will not unreasonably interfere with the use and enjoyment
of the property in the vicinity by the occupants thereof for lawful purposes.
6. 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 City Council in this case.
City Council Resolution No. 04-108
2. That approval of the Precise Plan 04-07 is hereby granted subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 14th day of October, 2004, by the following vote, to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: BENSON
ABSTAIN: NONE
_S12-4A)I
ROBERT A. SPIEGA, y r
RACfl LLE D. SEN, C TY CLERK
City of Pa!m Desert, Californa
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City Council Resolution No. 04-108
CONDITIONS OF APPROVAL
CASE NO. PP 04-07
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 Review Commission
City Fire Marshal
Public Works Department
Waste Management of the Desert
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. Applicant shall participate in a commercial recycling program as determined by the
City and applicable Waste Disposal Company. 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. Prior to the issuance of building permits, the property owner shall deposit in -lieu
parking fees with the City in the amount of $5,000 per parking space ($60,000
total) to mitigate the shortage of 12 parking spaces. The funds may be used to
implement a General Plan program to provide public parking in the area.
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City Council Resolution No. 04-108
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a
qualified lighting engineer.
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. 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, Fringe -Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
10. All roof -mounted mechanical equipment shall be screened by a parapet wall
around the perimeter of the building that is at least as high as the highest piece of
mechanical equipment. Construction drawings submitted for plan check shall
include a roof plan showing locations of roof -mounted mechanical equipment and
cross-section drawings showing parapet wall heights as well as heights of roof -
mounted mechanical equipment.
11. Before building permits may be issued for building permits for the project, the
following sequence of events must first occur:
a. The City Council or Redevelopment Agency Board shall have taken action
to fund a public parking lot in the area.
b. A completion date for construction of the parking lot, or a completion date
for a minimum 12—space portion of the parking lot, shall be established.
Building permits will not be issued for the project more than two years in advance
of the completion date of the public parking lot, or a 12-space portion of the
parking lot.
12. If the proposed building is constructed and completed prior to the completion of a
public parking lot along the Alessandro Alley, an interim parking program shall be
developed to accommodate the project's 12-space parking deficiency. The interim
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City Council Resolution No. 04-108
parking program may include implementing such measures as, but not necessarily
be limited to, requiring employees of the project to park their vehicles at the
easterly end of the Walgreen's Drugs parking lot so that the project site's 9-space
parking lot remains available for customers, or the City may purchase a nearby
vacant residential parcel on the north side of the Alessandro Alley and convert it
into a parking lot for use by project employees and customers.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Ordinance 653, shall be paid prior to the 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 any permits associated with this
project.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
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. 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.
6. 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.
All off -site improvements shall be completed prior to the issuance of any
certificate of occupancy.
7. 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.
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City Council Resolution No. 04-108
8. Landscape installation on the property frontages as well as on -site shall be
drought tolerant in nature and maintenance shall be provided by the property
owner.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20, Stormwater Management and
Discharge Control.
10. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specifications shall be submitted to
the City Engineer for checking and approval prior to issuance of any permits.
Preliminary landscape plans shall be submitted for review concurrently with
grading plans.
11. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
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 and the city's Circulation Network including:
• Remove existing driveway approach on the frontage road and replace
with city curb, gutter and sidewalk.
13. Size, number and location of driveways shall be to the specifications of the
Public Works Department with one driveway approach permitted to serve this
property from the alley.
14. Applicant shall record an irrevocable offer of reciprocal access easement to the
properties to the east and west.
15. All existing and proposed utilities shall be undergrounded.
16. Block walls along property lines in parking area shall be eliminated.
Riverside County Fire Marshal:
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:
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City Council Resolution No. 04-108
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"-1/2" x2-1/2", located not less than 25 feet 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 feet from the
building and within 50 feet 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 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 feet 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 feet of all portions of the exterior walls of the first story. The roadway shall
not be less than 24 feet 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 feet wide, and 32 feet wide with parking on one side. Dead-end roads in
excess of 150 feet shall be provided with a minimum 45-foot radius turn -around,
55 foot in industrial developments.
11. All buildings shall have illuminated addresses of a size approved by the city.
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