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HomeMy WebLinkAboutCC RES 04-081CITY COUNCIL RESOLUTION NO. 04-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 11,945 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE. CASE NO PP 03-22: 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, continued to June 24, 2004 and to July 8, 2004 to consider the request by PATEL ARCHITECTURE for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2270 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 Planning Commission did find the following facts and reasons to exist to justify recommending to City Council approval of said request: 1. The proposed location of the office building, as it is conditioned and modified, is in accord with the objectives of the City's zoning ordinance. 2. The precise plan 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 Planning Commission 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. 2. That approval of Precise Plan 03-22 is hereby granted, subject to conditions attached. CITY COUNCIL RESOLUTION NO. 04_81 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 8th day of July, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, CI `FY CLERK City of Palm Desert, California ROBERT A. SPIEGEL 2 CITY COUNCIL RESOLUTION NO.04-81 CONDITIONS OF APPROVAL CASE NOS. PP 03-22 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 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. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Markings shall be a minimum four -inch wide double ("hairpin" style) stripe design to provide 18 inches measured from outside to outside. 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 3 CITY COUNCIL RESOLUTION NO. 04-81 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 main building height shall be lowered from 27' high to 25' high. Redesigning the interior office space in one (1) of three (3) ways may do this: • Interior space 9' high with 2' high floor/roof sections, or • Interior space 8'6" high with 2'6" high floor/roof sections, or • Interior space 8' high with 3' high floor/roof sections. The three solutions identified above may not be the only way to reduce the building height. The applicant may recommend an alternative solution that lowers the building to 25' high. 13. The front architectural element of the building shall be reduced from 26' high to 24' to comply with the height and required setback from the ultimate curb location. When the main building is lowered to 25', the front projections will be lowered in 2' as well. 14. Currently, six (6) parking stalls are designed at 14'6". These stalls shall be redesigned to 15'6" to comply with the off-street parking Section 25.58.200 of the City's Zoning Ordinance. 15. The three tower elements shall be 28' high and must be approved by the City Council. 16. The applicant shall record an easement with the adjacent property to the east for emergency access. Such access shall be reviewed and approved by the Fire Marshal. 4 CITY COUNCIL RESOLUTION NO. 04-81 17. Applicant shall underground overhead utility lines if the City initiates an under grounding project in the vicinity prior to issuance of building permits. Department of Public Works: 1. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed an approved by the Department of Public Works prior to start of construction. The study shall address historical drainage patterns as they relate to adjacent properties. 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 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. 5 CITY COUNCIL RESOLUTION NO.O/1-81 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. 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 consisting of the following: • Dedication of an additional 4' of right -of -away to a total of 44' from survey centerline, for the future widening of Fred Waring Drive. Right-of-way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to issuance of any permits associated with this project. 13. This project shall be limited to one (1) drive way. Driveway and parking lots shall be inspected by the Department of Public Works and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 24' wide, with a 15' radius on the entry corners. 14. Prior to issuance of any permits associated with this project, the applicant shall execute and record an offer for reciprocal access easement between the subject property and the properties to the east and west following the proposed east/west aisle in the rear of the property. This shall be shown on the site plan. An easement for emergency access purposes shall be recorded with the property to the east prior to any issuance in a manner acceptable to the Fire Marshal and City Engineer. 15. Landscape easement shall be obtained for the notched land area adjacent to the turn -around area of the parking lot from the property to the south prior to issuance of any permits. 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: 6 CITY COUNCIL RESOLUTION NO. 04-81 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. 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 7 CITY COUNCIL RESOLUTION NO. 44,81 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". 11. All buildings shall have illuminated addresses of a size approved by the city. 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // 8