HomeMy WebLinkAboutCC RES 04-044RESOLUTION NO. 04-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A MASTER PLAN
FOR PLANNING AREA 1, A TENTATIVE PARCEL MAP FOR
A 21.86 ACRE COMMERCIAL/OFFICE/INDUSTRIAL
PROJECT, A PRECISE PLAN FOR FIVE (5) TWO STORY
BUILDINGS TOTALING 166,000 SQUARE FEET ON 10.59
ACRES OF THE SITE AND A HEIGHT EXCEPTION FOR
MECHANICAL EQUIPMENT SCREENING PURPOSES. THE
SITE MASTER PLAN INCLUDES 236,450 SQUARE FEET OF
COMMERCIAL/OFFICE/INDUSTRIAL USES, 14,750 SQUARE
FEET OF RESTAURANTS (INCLUDING 2 DRIVE-THRUS)AND
A THREE STORY HOTEL WITH UP TO 104 ROOMS. THE
PROJECT IS GENERALLY LOCATED AT THE NORTHEAST
CORNER OF COOK STREET AND GERALD FORD DRIVE,
MORE PARTICULARLY DESCRIBED AS APN 653-410-023
THROUGH 025, 653-690-015 THROUGH 019.
CASE NO. PP 04-05
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day
of May, 2004, hold a duly noticed public hearing to consider the request by HOLT
ARCHITECTS for approval of the above described project; and
WHEREAS, the Planning Commission by its Resolution No. 2263 has recommended
approval of said precise plan; 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. 02-60," in that the Director of Community Development has determined that the project
the project has been previously assessed and no further study 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 to exist to justify approval of said request:
1. The proposed precise plan will comply with each of the applicable provisions
of this title, except for approved exceptions permitted through the development
agreement process.
2. The proposed location of the industrial/ office / restaurant/ hotel uses 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.
RESOLUTION NO. 04-44
3. The proposed precise plan complies with the goals, objectives, and policies of
the City's General Plan.
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 does hereby approve Case No. PP 04-05, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of Nay , 2004 , by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
Robert A. Spiegel, yor i
ATTEST:
CHELLE D. I� ASSE , City Clerk )
City of Palm Desert, California
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RESOLUTION NO. 04-44 -
CONDITIONS OF APPROVAL
CASE NO. PP04 -05
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 statues 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 permit and/or clearance from the following
agencies:
Coachella Valley Water District
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 provisions for recycling.
6. All future occupants of the buildings shall comply with parking requirements in section
25.58 of the zoning ordinance.
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RESOLUTION NO. 04-44
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 forthe
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.
8. The eastern slope of the Cook Street overpass adjacent to the site shall be considered
a street frontage and landscaping shall be required and installed as part of this project.
9. A detailed parking lot and field lighting plan shall be submitted to staff for approval,
subject to applicable lighting standards. Plan to be prepared by a qualified lighting
engineer.
10. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
11. 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, Fringed -Toed Lizard, TUMF,
School Mitigation and Housing Mitigation fees.
12. That the approval of PP 04-05 and TPM 31563 shall not be effective until the related
Development Agreement (DA 97-2 addendum #2) is approved by the City Council.
Department of Public Works
1. The project shall be designed to retain storm waters associated with the increase in
developed vs. undeveloped condition for a 100 year storm. 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. Retention area shall be
accommodated by widening the mid -valley channel in accordance with the drainage
study for this project. Widened area of the channel shall be to the southwest and
offered for dedication to the City.
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RESOLUTION NO. 04-44
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.
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 propertyowner(s). This
shall include the slope of the Cook Street overpass.
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.
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RESOLUTION NO. 04-44
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. Those improvements shall include, but not be limited to
the following:
Installation of an 8' wide concrete sidewalk on Gerald Ford Drive.
► Installation of one-half width of a raised median island along the project
frontage. The project may provide a cash payment in -lieu of construction for
the required median island.
Rights -of -way and/or easements necessaryforthe installation of the above referenced
improvements shall be conveyed to the city prior to the issuance of any permits
associated with this project.
13. The project driveway located at the east property line shall be limited to right turn
ingress and egress only and shall be limited to a maximum of 40' in width or as
determined by the City Engineer. A reciprocal access agreement shall be executed
with property located to the east (and the Mobil Station), providing access to the traffic
signal approved with PP/CUP 01-21. Said agreement shall include provisions for
payment of a proportionate share of maintenance costs on the approved access route.
14. Traffic safety striping on Gerald Ford 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.
15. Complete parcel map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits.
16. Existing catch basin on Gerald Ford Drive at the easterly property line shall be
relocated westerly to accommodate the proposed driveway and a drainage pipe shall
be installed to convey this waterto the Mid -Valley Storm Channel. City shall reimburse
developer for costs associated with the installation of the drainage pipe only.
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RESOLUTION NO. 04-44
17. A 20' minimum drainage easement, or less as approved by the City Engineer, is
required along or near the east property line to accommodate drainage facility
described above. No walls or structures, including trash enclosures, shall be
constructed within this easement.
18. Developer shall provide a level, minimum 8' wide easement adjacent to the Cook
Street Overpass, or as approved by the City Engineer, to provide a future connection
to a bikepath along the Mid -Valley Storm Channel.
19. In accordance with City Council Resolution No. 01-5, dead-end parking aisles shall be
eliminated.
20. There shall be recorded on the map a reciprocal easement for; parking and access,
drainage, and use of trash enclosures.
Fire Department Conditions
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, CFC and CBC 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 3000
gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 21/2"
x 2'/2" located not less than 25' 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 and 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
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RESOLUTION NO. 04-44
locations of all post indicator valves and fire department connections. All valves and
connections shall not be less than 25' from the building 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 2A10BC
extinguisher per 3000 square feet and not over 75' from walking distance. A 'K' type
fire extinguisher is required in all commercial kitchens.
10. Install a Hood/Duct automatic fire extinguisher system per NFPA 96 in all public and
private cooking operations except single-family residential usage.
11. All building 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 singe 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 tot he Fire Marshal for approval prior to construction.
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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