HomeMy WebLinkAboutCC RES 06-121RESOLUTION NO. 06-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN / CONDITIONAL
USE PERMIT TO CONSTRUCT A 100,500 SQUARE FOOT BUSINESS
PARK WITH EXCEPTIONS FOR SETBACKS, HEIGHT AND SIGNAGE
AND APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE A 6.1-
ACRE SITE INTO 13 PARCELS LOCATED AT 75-300 GERALD FORD
DRIVE.
CASE NOS. PP/CUP 06-03 AND TPM 34437:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of August 24, 2006 hold a duly noticed public hearing to consider the request by
GERALD FORD BUSINESS PARK LLC for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, by its
Resolution No. 2411 has recommended approval of Case Nos. PP/CUP 06-03 and TPM
34437 subject to conditions; 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. 06-78," in that the Director of Community Development has determined
that that impacts from the proposed project were considered in the Environmental
Impact Report prepared for the updated City of Palm Desert Comprehensive General
Plan adopted in March 2004 (Resolution 04-20); 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 the said request:
FINDINGS FOR APPROVAL OF A PRECISE PLAN / CONDITIONAL USE
PERMIT:
1. That the proposed project complies with the goals, objectives and policies
of the City's General Plan.
2. The request for a height exception to allow proposed buildings to exceed
the 30-foot height limit up to 34 feet is justified because the buildings'
architecture is enhanced by design projections and variation in roof heights
from 19'-6" up to 34 feet. This fulfills the Wonder Palms Master Plan goal of
encouraging planning areas with projects that take on a series of individual
characteristics resulting in an aesthetically consistent, environmentally
harmonious, and economically viable addition to the community.
3. The request for an exception to reduce the front yard setback from 32 feet
to 10 feet is consistent with the Planned Industrial zone's objective of
RESOLUTION NO.06-121
providing flexibility in development to encourage creative and imaginative
design because this allows a site plan that places all parking areas in the
rear and buildings and landscaped courtyards in the front, which creates a
more aesthetically attractive and pedestrian friendly streetscape.
4. The request for an exception to reduce the rear yard setback from 30 feet to
10 is justified because a 30-foot landscaped rear yard setback would not
serve a useful purpose since this area is unusable open space due to its
isolated location, and the Mid -Valley Storm Channel and the Union Pacific
Railroad provide a generous 280-foot wide setback buffer between the
project site and Interstate 10,
5. The well designed project with quality architecture and buildings that front
on Gerald Ford Drive, parking in the rear, landscaped courtyards with
outdoor seating and tables, and landscaped walkways will create an
inviting, pedestrian friendly environment that will be compatible with the
future expansion of the Cal State University campus across the street on
the south side of Gerald Ford Drive.
6. The design of the project will not depreciate property values in the vicinity,
nor be materially injurious to properties or improvements in the vicinity.
7. The project will not unreasonably interfere with the use and enjoyment of
the property in the vicinity by the occupants thereof for lawful purposes.
8. The project will not endanger the' public peace, health, safety, or general
welfare.
9. The two single -faced freestanding signs will use stucco, stone veneer,
and aluminum materials with colors and shapes to match the architecture
of the proposed buildings.
10. The freestanding signs will not be detrimental to neighboring businesses
or the community in general.
FINDINGS FOR APPROVAL OF A TENTATIVE PARCEL MAP:
1. That the design or improvements of the proposed map is consistent with
applicable general and specific plans.
2. That the site is physically suitable for commercial development.
3. That the design of the parcel map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
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RESOLUTION NO. 06-121
4. That the design of the parcel or the type of improvements is not likely to
cause serious public health problems.
5. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of property within the proposed subdivision.
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 case.
2. That Precise Plan / Conditional Use Permit 06-03 and Tentative Parcel
Map 34437 are hereby approved, subject to attached conditions.
3. That the following exceptions are hereby approved:
a. An exception to reduce the front and rear yard setbacks from 32 feet
and 30 to 10 feet.
b. A height exception to allow architectural projections up to 34 feet high.
c. An exception to allow a second single -faced freestanding sign on a
street frontage less than 1,600 feet
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 24th day of August 2006, by the following vote, to wit:
AYES: BENSON,KELLY , SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. KITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO.06-121
CONDITIONS OF APPROVAL
CASE NOS. PP / CUP 06-03 & TPM 34437
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
Waste Management of the Desert
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 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. The applicant shall submit a site plan with trash and recycling
enclosure locations and enclosure construction details to Waste Management of
the Desert for review and issuance of an approval letter. A copy of said approval
letter shall be furnished to the Community Development Department prior to
issuance of building permits.
6. 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.
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RESOLUTION NO. 06-121
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
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 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.
9. All roof -mounted mechanical equipment shall be screened by parapet walls that
are at least as high as the highest piece of mechanical equipment. Construction
drawings submitted for plan check shall include a roof plan showing locations of
any roof -mounted mechanical equipment and cross-section drawings showing
parapet wall heights as well as outlines and heights of roof -mounted mechanical
equipment.
Department of Public Works:
GENERAL
1. Landscaping maintenance of any common areas shall be provided by the
property owners association. Landscape treatment shall be water efficient in
nature and shall be in accordance with the City of Palm Desert landscape design
standards. Applicant shall be responsible for executing a declaration of
Conditions, Covenants and Restrictions, which declaration shall be approved by
the City of Palm Desert and recorded with the County Recorder. The declaration
shall specify: (a) the applicant shall oversee the formation of a property owners
association; (b) the property owners association shall be formed prior to the
recordation of the Map; and (c) the aforementioned landscaping shall be the
responsibility of the property owners association. Landscaping plans shall be
submitted for review simultaneously with grading plans.
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.
BONDS AND FEES
3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to recordation of final map minus the cost of the
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drainage improvements made.
4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to recordation of final map. Signal installation may
be used as credit against the fees and the City will pay up to half of the costs in
accordance with PM 30314.
5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
6. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN PLANS
7. Storm drain/retention area 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.
Project may utilize the Mid -Valley Retention Channel to drain incremental
increase in drainage for a 100-year storm. Nuisance waters shall be contained
on -site.
8. 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.
9. 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
works department for improvements in the public right of way prior to issuance of
any permits.
10. 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.
11. 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.
12. Pad elevations, as shown on the parcel map are subject to review and
modification in accordance with Chapter 26 of the Palm Desert Municipal Code.
13. Landscape plans shall be submitted for review concurrently with grading plans.
14. Waiver of access to Gerald Ford Drive, except at approved locations, shall be
granted on the final map.
REQUIRED CONSTRUCTION
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RESOLUTION NO. 06-121
15. Full public improvements required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards.
• 6' wide sidewalk on Gerald Ford Drive as shown on the grading plan.
• Signalized intersection at the project entry.
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the city prior to the issuance of any permits
associated with this project.
16. 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 improvements have
been completed.
SPECIAL CONDITIONS
17. Reciprocal easements shall be provided for drainage, access and parking.
18. A public access easement shall be dedicated over sidewalk outside the public
right-of-way on Gerald Ford Drive.
Riverside County Fire Marshal:
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' from any portion of a commercial building measured via vehicular travelway.
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RESOLUTION NO. 06-121
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. 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.
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 or
over -ride system to allow for emergency vehicle access. Minimum gate width
shall be 16' with a minimum vertical clearance of 13'-6".
12. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
14. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single=family residential usage.
15. Install a dust collection system per CFC Chapter 76 if conducting an operation
that produces airborne particles.
16. All elevators shall be gurney size.
17. Conditions 15 and 16 shall be imposed if conditions apply.
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