HomeMy WebLinkAboutCC RES 04-052CITY COUNCIL RESOLUTION NO. 04-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN FOR
CONSTRUCTION OF TWO OFFICE BUILDINGS TOTALING 12,426
GROSS SQUARE FEET AND A CONDITIONAL USE PERMIT TO ALLOW
PARKING ON R-2 ZONED LOTS. THE SUBJECT PROPERTY IS 265
FEET EAST OF SAN ANSELMO AVENUE, KNOWN AS A.P.N.s 627-041-
005, 627-041-006, 627-041-007, 627-041-023, 627-041-024, AND 627-041-
025.
CASE NO PP/CUP 04-08:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th
day of June, 2004, hold a duly noticed public hearing to consider the request by T.
MICHAEL HADLEY for approval of the above noted; and
WHEREAS, the Planning Commission by its Resolution No. 2271 has
recommended approval; 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 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 approval of said request:
1. The proposed location of the two office buildings, as it is conditioned, is in
accord with the objectives and land use policies of the Palma Village
Specific Plan and City's zoning ordinance.
2. The precise plan and conditional use will not unreasonably interfere with
the use or enjoyment of property in the vicinity by the occupants thereof
for lawful purposes.
3. The proposed location of the office complex 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.
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 Council in this case.
CITY COUNCIL RESOLUTION NO.04-52
2. That approval of Precise Plan/Conditional Use Permit 04-08 is hereby
granted, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 10th day of June, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Rachelle D. Klassen,. City Clerk
City of Palm Desert, California
Robert A. Spiegel May
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CITY COUNCIL RESOLUTION NO. 04-52
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 04-08
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 waste company and
Department of Community Development and shall include a recycling program.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance. The project shall be allowed to have a
maximum of 6,213 square feet of medical office use. Approval of medical office
use above the 6,213 square feet will require a new conditional use permit, which
will result in a new public hearing.
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
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CITY COUNCIL RESOLUTION NO. 04-52
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. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
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. The applicant shall submit a tenant improvement plan for review by the
Community Development Director.
11. 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.
12. The applicant shall record a 24-foot wide reciprocal access easement to provide
access to the adjacent properties. Said easement shall be placed on the south
property lines of parcels 627-041-005, 627-041-006, and 627-041-007. The
easement will widen 24 feet to the north of the property lines, as indicated on
staff's recommended access plan labeled condition 12 site plan. If parcel 627-
041-004, currently vacant, is developed without the use of the lot directly south of
it, the applicant shall remove the all installed parking isles and landscaping to
provide access to the adjacent property. The parking island in the middle of the
property shall be redesigned as a double -loaded island to make up for the loss of
parking consistent with staff's recommended plan labeled condition 12-site plan.
If the vacant parcel to the west is developed with the parking lot designed on the
property that is directly south, the easement can be moved to straddle the rear
property line or another appropriate location to be determined by staff and the
Department of Public Works.
The applicant shall provide an irrevocable offer to enter into 24' wide reciprocal
access easement to the property to the east.
13. The applicant shall submit a parcel map prior to issuance of any permits
associated with this project. The filing of a parcel map is required to go through a
new public hearing.
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CITY COUNCIL RESOLUTION NO. 04-52
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.
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 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 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 the property owner shall provide maintenance.
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 Director of Public Works for checking and approval prior to issuance of any
permits. Preliminary landscape plans shall be submitted for review concurrently
with grading plans.
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CITY COUNCIL RESOLUTION NO. 04-52
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:
• Installation of a 6' wide sidewalk on Santa Rosa Way
• Remove existing driveway approaches and replace it with a standard curb
and gutter.
13. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with one driveway approach permitted to serve this
property.
14. Parking on Fred Waring Drive along the project frontage will be prohibited and
the curb shall be painted red by the developer.
15. Applicant shall install a minimum 24-foot wide reciprocal access easement to the
property east of the subject project to align with access easement from PP/CUP
03-12 and provide an irrevocable offer to enter into a 24' wide reciprocal access
easement to the property to the east.
16. A parcel map is required prior to issuance of any permits associated with this
project.
Riverside County Fire Department:
1 With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
CFC, CBC, and/or recognized fire protection standards:
The fire department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per UFC Article 87.
A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating
pressure must be available before any combustible materials are placed
on the job site.
2. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of:
a) 3000 for commercial structure.
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CITY COUNCIL RESOLUTION NO. 04-52
3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-
1/2"x2-1/2"), located not less than 25' nor more than 150' from any portion of a
commercial building measured via vehicular travelway.
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
5. Install a complete NFPA 13R 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.
6. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored as required by the UBC Chapter 9.
7. Install a fire alarm system as required by the UBC Chapter 3.
8. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
9. 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 be not less
than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel
parking is allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains
or garden islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restrictive.
10. Whenever access into private property into a private property is controlled
through the 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".
10. All buildings shall have illuminated addresses of a size approved by the city.
11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
12. 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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