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HomeMy WebLinkAboutCC RES 07-14RESOLUTION NO. 07-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A DECISION BY THE PLANNING COMMISSION APPROVING A PRECISE PLAN OF DESIGN FOR A 2,770 SQUARE FOOT WORLD SAVINGS/ WACHOVIA BANK AT 73-051 HIGHWAY 111, APN 627-192-043. CASE NO. PP 06-11 WHEREAS, the Planning Commission of the City of Palm Desert, California, approved a request by STUDIO E ARCHITECTS on behalf of WORLD SAVINGS/ WACHOVIA BANK by adoption of its Resolution No. 2434; and WHEREAS, a timely appeal was received and a public hearing was scheduled for the 8th day of March, 2007, on the above noted matter; 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 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 City Council did find the following facts and reasons to exist to reaffirm the Planning Commission approval of said request: 1. The design of the project is consistent with the goals and objectives of the C-1 zone and the amended Palm Desert General Plan. 2. The project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 the City Council does hereby affirm the Planning Commission decision approving Case No. PP 06-11 as shown on plans date -stamped February 20, 2007, subject to conditions attached. RESOLUTION NO. 07-14 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of March, 2007, by the following vote, to wit: AYES: BENSON, FINERTY, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE ATTEST: Th CHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ii:. ICHARD S. KELLY, Mayor Je-64-7 RESOLUTION NO. 07-14 CONDITIONS OF APPROVAL CASE NO. PP 06-11 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. 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 3 RESOLUTION NO. 07-14 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. 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, 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. That the applicant/owner shall dedicate to the City 100 +/- square feet of land in a location acceptable to the Public Arts Manager generally located in the setback area to the northwest of the building for the placement of a public art piece. 11. Landscaping plans to incorporate the requirements in the memo dated February 6, 2007 from the City's Landscape Specialist (attached hereto as Exhibit A). Deoartment of Public Works: GENERAL 1. Landscaping maintenance of property frontages shall be provided by property owner and shall be water efficient in nature in accordance with the City of Palm Desert landscape design standards. 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 Fee credit based on site's previous service station use may be applicable to listed fees. 4 RESOLUTION NO. 07-14 3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to issuance of grading permit. 4. 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. 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. Project shall be designed to retain all nuisance water on -site. 8. Complete grading and improvement plans and specifications on Autocad 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. 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 . 12. Driveway location and design subject to approval by the Public Works Department. REQUIRED CONSTRUCTION 13. 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, i.e. • 8' curbside sidewalk on Hwy. 111 and Hwy. 74 and removal of existing driveways. 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. 5 RESOLUTION NO. 07-14 14. All public 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. 15. Traffic safety striping shall be installed to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 16. All public and private improvements shall be inspected by the Public Works Department. 17. 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. 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. SPECIAL CONDITIONS 19. Reciprocal easement for access and parking shall be provided prior to issuance of grading permit. 20. Asphalt shall be removed in the area north of Hwy. 74 driveway and replaced with curb and landscaping. 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 Code, NFPA, CFC and CBC or 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. 6 RESOLUTION NO. 07-14 2. 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. 3. Provide or show there exists a water system capable of providing a potential gallon per minute 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' 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. 6. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. (For clubhouse only.) 7. 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 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. 8. All buildings shall have illuminated addresses of a size approved by the City. Note: Building is 2,770 square feet. If there are any changes to the square footage to 3,000 square feet, the building shall be sprinklered. City Council Condition: 1. On the west side of the building, applicant shall raise the window located on the lower left-hand corner and shall add a second shadow box feature to the north of the existing shadow box. Said amendments to be approved by the Department of Community Development. // 7