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HomeMy WebLinkAboutCC RES 04-116RESOLUTION NO. 04-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO CONSTRUCT TWO OFFICE BUILDINGS WITH A TOTAL OF 8,082 SQUARE FEET ON A .9-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE. CASE NO. PP 04-22 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th and 28th days of October, 2004, on the 18th day of November, 2004, and on the 9th day of December, 2004 hold a duly noticed public hearing to consider the request of William J. Worzack for approval of a precise plan as described above; and WHEREAS, The Planning Commission by its Resolution No. 2295 has recommended approval of PP 04-22; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures for Implementation of the California Environmental Quality Act, Resolution No. 02-60", in that the Director of Community Development has determined that the project is a Class 5 (Minor Alterations in Land Use Limitations) Categorical Exemption; and WHEREAS, at said 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 justify its actions, as described below: 1. The precise plan is well designed with quality residential scale architecture. 2. The precise plan implements the following goals and objectives of the General Plan Office Professional land use designation: a. The Office Professional designation is assigned to lands that provide comparative advantages for office developments, with use characteristics that enhance compatibility with residential and other sensitive land uses. b. Professional office lands serve as effective buffer or transitional uses between commercial and residential neighborhoods, and provides convenient professional office services to surrounding residents and businesses. c. Office use is appropriate along arterial roadways, integrated with commercial development, and as stand-alone business parks. RESOLUTION NO. 04-116 3. The site was identified for potential office professional use when the City Council adopted a new General Plan on March 15, 2004. 4. The precise plan complies with zoning ordinance requirements. 5. The design of the precise plan will not depreciate property values in the vicinity, nor be materially injurious to properties or improvements in the vicinity. 6. 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. 7. 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. 2. That the City Council hereby approves PP 04-22. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of December, 2004, by the following vote, to wit: AYES: BENSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE ATTEST: RACHELLE D. SSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 24 BUFORD A. CRIA S, MAYOR 2 RESOLUTION NO. 04-116 CONDITIONS OF APPROVAL CASE NO. PP 04-22 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. The applicant shall submit a site plan with trash enclosure locations noted and trash enclosure construction details to Waste Management of the Desert for review and issuance of an approval letter. A copy of said approval letter shall be furnished to the Planning department prior to issuance of building permits. 6. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards. The plan to be prepared by a qualified lighting engineer. 3 RESOLUTION NO. 04-116 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 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. 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. 9. All roof -mounted mechanical equipment shall be screened by a parapet wall 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 any roof -mounted mechanical equipment and cross-section drawings showing parapet wall heights as well as heights of roof -mounted mechanical equipment. 10. Related Parcel Map Waiver No. 04-15, which proposes to merge the four project site parcels into two parcels, shall be approved and recorded prior to the issuance of building permits for the proposed office buildings. 11. Prior to issuance of building permits the applicant shall submit a reciprocal easement agreement for access, parking and drainage between the two parcels proposed under Parcel Map Waiver No. 04-15. After the agreement is reviewed by City staff, it shall be recorded. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. The project shall be designed to retain nuisance waters onsite. 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. 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 RESOLUTION NO. 04-116 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, and shall be completed prior to issuance of any certificate of occupancy for the project. 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 are to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be performed 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. Developer shall contact the Riverside County Flood Control District for informational materials. 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. Preliminary landscape plans shall be submitted 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. 5 RESOLUTION NO. 04-116 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. Those improvements shall include, but not be limited to the following: a. Installation of a 6' wide concrete sidewalk on Sheryl Avenue. b. Dedication of 11 feet on Cook Street, 55' from centerline. Rights -of -way and/or easements necessary for the installation of the above referenced improvements shall be conveyed to the city prior to the issuance of any permits associated with this project. 13. This project shall be limited to two driveways. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 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: . 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. 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 6 RESOLUTION NO. 04-116 connections. All valves and connections shall not be Tess 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 Tess 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. 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 or over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16' with a minimum vertical clearance of 13'-6". 12. This project may require licensing by a state or county agency. To facilitate plan review, the applicant shall prepare and submit to the Fire Marshall a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the city. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. 7 RESOLUTION NO. 04-116 SHERYL AVE. 133111S )1003 2l3LNKId a 3 wZ >.CA 0 in OJ 0 �� 0cc N ci.0 + 0 u. J U. • a 0 CAJ' -O 1' ©©© eje CiC < (lj ink_ wa ri w& 0 13.© © e © wa ,o L 4.041 S.F. 17.5X 4,041 S.F. 24X CC Le SO CO CZ im t U o mm W C CCW 0 2 o ao C OC F m a S Z ZZ < p W 9 be at K f" J t a < a E