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HomeMy WebLinkAboutCC RES 05-008RESOLUTION NO. 05-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, INCLUDING A HEIGHT EXCEPTION, FOR A COMMUNITY CENTER FACILITY ON 8.5 ACRES ON THE WEST SIDE OF PORTOLA AVENUE, APPROXIMATELY 1600 FEET SOUTH OF GERALD FORD DRIVE, 36-775 PORTOLA AVENUE. CASE NO. PP 04-23 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of January, 2005, hold a duly noticed public hearing to consider a request by the JEWISH FEDERATION OF PALM SPRINGS for approval of a precise plan of design and height exception for a community center facility on 8.5 acres on the west side of Portola Avenue 1600 + /- feet south of Gerald Ford Drive, 36-775 Portola Avenue; and WHEREAS, the Planning Commission by its Resolution No. 2315 has recommended approval of Case No. PP 04-23, including a height exception for the gym building; and WHEREAS, the Planning Commission by its Resolution No. 2085 has previously approved a Negative Declaration of Environmental Impact and a conditional use permit for a community center facility on this property subject to the applicant obtaining approval of a precise plan of design; 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. 04-106," in that the Director of Community Development has determined that the project was previously assessed as part of Case No. CUP 01-13 for which a Negative Declaration of Environmental Impact was certified. No further environmental review 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 granting approval of said precise plan of design: 1. The location of a community center facility fronting on a major secondary street at the periphery of a residential area is in accord with the objectives of the Planned Residential zone and General Plan. 2. The proposed location and conditions under which the community center will operate will not be detrimental to the public health, safety and welfare or be materially injurious to properties or improvements in the vicinity. Sufficient traffic capacity and controls exist to insure safe ingress and egress for the facility and acceptable levels of services at critical intersections. RESOLUTION NO. 05-8 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 approval of Case No. PP 04-23, including a height exception for the gym building, on file in the Department of Community Development, is hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of January, 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, and CRITES NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: RA HELLE D. ASS N, CITY CLER CITY OF PALM DESERT, CALIFORNIA 2 ai a5c BUFORD Ai CRITES, MAYOR RESOLUTION NO. 05-8 CONDITIONS OF APPROVAL CASE NO. PP 04-23 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 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 shall participate in a commercial recycling program as determined by the City Environmental Conservation Manager 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. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the Zoning Ordinance. 7. A detailed parking lot lighting plan shall be submitted to staff for approval, subject to the provisions of Ordinance No. 826 (outdoor lighting requirements). Plan to be prepared by a qualified lighting engineer. 3 RESOLUTION NO. 05-8 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to architectural review commission submittal. 9. Final landscape plans shall comply with the City's Parking Lot and Tree Standards per Ordinance No. 977 and Resolution No. 01-06. 10. 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. 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 applicant shall consolidate the two parcels into one lot. 13. That the applicant, as part of the first phase, shall design and implement the landscape buffer area along the south property line in consultation with neighboring residents. 14. That the south landscape buffer area be extended easterly to include the "service area." 15. That the outdoor recreation facilities (handball courts, softball field and soccer field areas) shall not be illuminated for night play. 16. That the "service area" shall only be used for the temporary parking of vehicles associated with special events held in the gym and as an emergency access. Said area shall not be used for general parking, outdoor storage, or as a maintenance facility. 17. That when large events are scheduled in the "social hall", the gym, and other activities shall be limited. The purpose of this condition is to prevent the scheduling of concurrent high traffic generating uses in the social hall(s) and the gym facility. 4 RESOLUTION NO. 05-8 18. When large events are scheduled, the soccer field parking spaces shall be made available. 19. That the Shepherd Lane (west) access shall be gated and kept closed except when needed by emergency personnel. 20. The southerly limit of the first phase may be enclosed by a beige colored chain Zink fence which will be designed to blend with surroundings. If Phase II is not commenced within five years (January 2010), then said fence shall be removed and replaced with an approved fence material. 21. That the hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. daily. Parking lot lighting to be turned off immediately at conclusion of night time activity. 22. That the height exception for the gym building shall permit a structure with a maximum height of 27 feet. All other buildings and structures shall be a maximum of 24 feet. 23. That exterior bells and amplified speaker systems are prohibited. 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 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. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of a grading permit. 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 the grading permit. 5 RESOLUTION NO. 05-8 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 to be approved by the Public Works Department and a surety posted to guarantee the installation of all 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 provided 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 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 the 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. 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: • Full improvement of Shepherd Lane with a 26' half -street section and 8' sidewalk minimum 4' from back of curb, within a 46' half -street right of way. • Installation of an 8' sidewalk, minimum 4' from back of curb on Portola Avenue. • All street improvements to be completed as part of Phase 1 of the project. Rights -of -way 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. 6 RESOLUTION NO. 05-8 13. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as built" plans submitted to the Department of Public Works prior to project final. 14. Traffic safety striping shall be installed to the specifications of the Director of Public Works. A traffic control plan must be submitted to the Department of Public works prior to project final. 15. Access driveway shown on Portola Avenue shall be gated. 16. Two driveways are allowed on the north project boundary on Shepherd Lane (Julie Lane) with the easterly driveway to be located a minimum of 250 feet from the westerly curb line of Portola Avenue. An additional access into the parking area is permissible along the westem boundary of the project onto Shepherd Lane. 17. Final grading plan, as well as any future plans, shall show and incorporate the grading plan for the adjacent Tract 30801. 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 Codes, appropriate NFPA Standards, CFC, and 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. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual operating 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 3,000 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 Tess 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. 7 RESOLUTION NO. 05-8 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' 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 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. 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 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. 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 over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 12. 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. 13. 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. 14. All buildings shall have illuminated addresses of a size approved by the City. 1 5. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the 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 12 months. 8 • RESOLUTION NO. 05-8 17. All elevators shall be minimum gurney size. Other: 1. Radius at both ends of driveway need to be 45-foot radius outside. //