Loading...
HomeMy WebLinkAboutCC RES 06-131RESOLUTION NO. 06-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 15,267 SQUARE FOOT INDUSTRIAL BUILDING INCLUDING A TOWER ELEMENT UP TO 34 FEET IN HEIGHT. SUBJECT PROPERTY IS LOCATED AT 73-665 DINAH SHORE DRIVE (APN: 653- 810-021). CASE NO.: PP 05-29 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 28th day of September 2006, hold a duly noticed public hearing to consider the request by Prest Vuksic Architects, for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that this project is a Class 32 categorical exemption for the purposes of CEQA; 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 precise plan is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the precise plan 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. 3. The proposed precise plan will comply with each of the applicable provisions of this title. 4. The proposed precise plan complies with the goals, objectives, and policies of the city's adopted General Plan. 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. 1 RESOLUTION NO. 06-131 2. That the City Council does hereby approve of PP 05-29, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day ofseptember , 2006, by the following vote, to wit: AYES: KELLY, SPIEGEL, and ¥ERGUSON NOES: NONE ABSENT: BENSON ABSTAIN: NONE ATTEST: CHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 06-131 CONDITIONS OF APPROVAL CASE NO. PP 05-29 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 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. 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 3 RESOLUTION NO. 06-131 periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 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. 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. 10. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 11. Per the current Service Industrial parking standards the project may allocate up to 20% of the total floor area (3,053 square feet) to office space. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the city for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscaped plan. 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. 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. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 4 RESOLUTION NO. 06-131 6. Project shall contribute proportionately to the lining of the channel/retention basin providing drainage for PM 24255. DESIGN REQUIREMENTS 7. 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. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 24255. 9. 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. 10. 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. 11. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code and PM 24255 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: • 8' sidewalk, minimum 4' from back of curb, on Dinah Shore Drive and 6' curbside sidewalk on Spyder Circle. 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. CONSTRUCTION REQUIREMENTS 15. All public and priviate 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. 5 RESOLUTION NO. 06-131 16. 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. SPECIAL CONDITIONS 17. A matching driveway shall be provided and reciprocal access agreement required with adjoining property to the west prior to issuance of a grading permit. 18. No parking shall be allowed on Spyder Circle and the curb shall be painted red. 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, 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 fire 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 Tess than 25' nor more than 150' feet 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. 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 Tess than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. (13 R and attic protector) 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. 6 RESOLUTION NO. 06-131 9. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC extinguisher per 3000 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 not be Tess 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. 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 to the Fire Marshal 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 12 months. 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. No wood/combustibles shall be placed on job site prior to permanent or temporary water be provided. // 7