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HomeMy WebLinkAboutCC RES 05-053RESOLUTION NO. 05-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING PLANNING COMMISSION APPROVAL OF CUP 04-13 FOR A MASTER PLAN FOR THE SACRED HEART CHURCH AND THE SACRED HEART GRADE SCHOOL TO ALLOW EXPANSION OF THE GRADE SCHOOL, CONSTRUCTION OF A PARISH HALL/GYMNASIUM, NEW PARKING LOTS, NEW PLAYFIELDS, AND A PRAYER ALCOVE. CASE NO. CUP 04-13 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of March, 2005, on the 28th day of April, 2005, on the 23rd day of June, 2005, hold duly noticed public hearings, and further review on the 14th day of July, 2005, to consider a request by THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO for the above mentioned; 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. 05-52, in that an initial study was prepared and concluded that the proposed project will not have a significant negative impact on the environment and staff has prepared a Mitigated Negative Declaration of Environmental Impact; 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 finds the following facts and reasons to justify denying the appeal and affirming the Planning Commission approval of said conditional use permit: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT: 1. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public, health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives and the policies of the City's general plan. RESOLUTION NO. 05-53 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 Conditional Use Permit 04-13 is hereby approved for a master plan for the sacred Heart Church and the Sacred Heart Grade School to allow expansion of the Grade School, installation of temporary classrooms, construction of a parish hall / gymnasium, new parking lots, new playfields and a prayer chapel 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 July, 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CHELLE D. KLA.SSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 05-53 CONDITIONS OF APPROVAL CASE NO. CUP 04-13 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 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 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. 6. 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, TUMF and School Mitigation fees. 3 RESOLUTION NO. 05-53 7 The applicant shall construct an 8-foot high tan precision block wall along the westerly and northerly property lines adjacent to the new playfields. The height of the block wall may be reduced to 6 feet along the rear of adjacent residential lots where the property owner does not want an 8-foot high block wall constructed. 8. There shall be no stadium or flood light lighting for the playfields. Use of the playfields shall occur only during daylight hours, but in no case later than 9:OOPM. 9. Existing Sunday School and youth activities already occurring during weekend worship services may be relocated to the new parish hall. During worship services, the parish hall may also be used for incidental uses related to Sunday School. The parish hall, however, shall not be used to provide overflow seating for worship services. 10. All activities and use of the parish shall end by 10:00 p.m. on Sunday thru Friday and by 11 :00 p.m. on Saturday. 11. Use of an outdoor sound system shall be limited to during school hours, at an acceptable decibel level per the City's Noise Ordinance. The sound system shall only be used for emergency preparedness announcements and administrative school announcements. It shall not be used to broadcast sports events. 12. The maximum number of students enrolled at the Sacred Heart Elementary school (K-8) shall not exceed 540 students. The maximum number of students enrolled at the Sacred Heart pre-school shall not exceed 81. 13. The project shall to comply with the outdoor lighting requirements of Chapter 24.16 of the Palm Desert Municipal Code. Construction drawings submitted for the project shall include a lighting plan. All parking lot lighting be tumed off by 10:00 p.m. on Sunday thru Friday and by 11 :00 p.m. on Saturday, or 15 minutes after the end of an evening activity, whichever occurs first. 14. The three existing residential duplex buildings at the north end of the master plan site shall remain and shall not be removed without prior approval by the City Council. 4 RESOLUTION NO. 05-53 Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance on property frontages shall be performed by the church. 2. 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. 3. All utilities shall be undergrounded. BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to grading permit issuance. 5. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 8. Storm drain design and construction 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. 9. The new driveway shall have a 36' width, 25' returns to allow for a two-way exit. 10. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 11. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the Public 5 RESOLUTION NO. 05-53 Works Department for improvements in the public right of way prior to issuance of any permits. 12. 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. 13. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 14. Project shall retain nuisance waters on -site. 15. All new landscape installation shall be drought tolerant in nature. 16. Landscape plans shall be submitted for review concurrently with grading plans. CONSTRUCTION REQUIREMENTS 17. 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. No occupancy permit shall be granted until public improvements have been completed. 18. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. 19. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management and Discharge Control. OTHER REQUIREMENTS 20. The church shall monitor student pick-up/drop-off operations after master plan build -out and make modifications regarding grade classifications assigned to each pick-up/drop off area as the student mix changes per the project traffic study. 21. The Church shall not schedule any activities in the newly constructed buildings concurrently with scheduled religious services per the project traffic study. 6 RESOLUTION NO. 05-53 22. The Church shall continue the weekday morning mass start time of 7:45AM. 23. At the discretion of the City of Palm Desert, additional mitigation shall be implemented in the following order. a. The church shall hire a traffic engineer to monitor traffic at points of ingress and egress at the project site during masses on Saturday, Sunday and weekday mornings, and during AM and PM peak hours at their elementary school and implement appropriate mitigation measures. b. Staggered school starts at least 45 minutes apart. 24. The applicant shall construct a right turn pocket on the north side of Fred Waring Drive between the pre-school building and the driveway to the church parking lot. 25. The applicant shall continue to monitor traffic during project build -out with consideration given to creating an access from Florine Avenue and uniformed police officers hired as needed for traffic control during weekend worship services during the peak season (November to April). 26. Public Works Department staff shall report back to the City Council with a recommendation on whether the west side of Deep Canyon Road can and should be redlined north of the master plan site in order to reduce noise impacts from on - street parking on homes abutting the west side of Deep Canyon Road. Riverside County Fire Department: 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. 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 feet from any portion of a commercial building measured via vehicular travelway. 7 RESOLUTION NO. 05-53 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. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential uses. 11. 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. 12. 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 over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16' with a minimum vertical clearance of 13'-6". 13. A dead-end single 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. 14. This project may require licensing by a state or county agency. To facilitate plan review, the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 15. All buildings shall have illuminated addresses of a size approved by the city. 8 16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. Plans for underground fire line system require approved plans. 17. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870; 73-710 Fred Waring Drive, Palm Desert, CA 92260 9 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NO: CUP 04-13 APPLICANT/PROJECT SPONSOR: The Roman Catholic Bishop of San Bernardino 1201 E. Highland Avenue San Bernardino, CA 92404 PROJECT DESCRIPTION/LOCATION: The master plan proposes the expansion of the Sacred Heart Grade School that includes the construction of eight new classrooms, a new library, lunch shade structures, a new parish hall / gymnasium, a new playground for grades 2 thru 5, a new sports fields with a track, a reconfigured paved parking lot with 35 spaces, a new paved parking lot with 87 spaces, and a grass overflow parking area for 220 spaces. The project site is located at 43- 775 Deep Canyon Road The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. t —t,C L-L---- July 14,2005 PHILIP t1L DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10