HomeMy WebLinkAboutCC RES 08-029RESOLUTION NO. 08-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF
DESIGN AND A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A NEW 42,512 SQUARE FOOT TWO-STORY
ADMINISTRATIVE FACILITY FOR COACHELLA VALLEY WATER
DISTRICT. SUBJECT PROPERTY IS LOCATED AT 75-515 HOVLEY
LANE EAST.
CASE NOS. PP 07-09 AND CUP 07-10
WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 8th
day of May 2008, hold a duly noticed public hearing to consider the request by WLC
Architects, Inc, for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of April 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2471 approved PP 07-09 and CUP 07-10; 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, the Director of Community Development has determined that the
project has required an Environmental Assessment resulting in a Mitigated Negative
Declaration; 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 the approval of said request:
Precise Plan/Conditional Use Permit:
1. The proposed location of the project is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
The proposed project is located in a SI, Service Industrial zone but the
applicant is requesting a change of zone to P, Public Institution. Per
Chapter 25.38 of the City of Palm Deserts Zoning Ordinance section
25.38.020 states no use shall be permitted without a conditional use permit.
The proposed use is consistent with the uses outlined in section 25.38.030
Conditional uses. The Public Institution zone does not have any
development standards except what is approved by City Council.
Additionally, conditions have been added to the project to ensure that all the
minimum requirements of the Palm Desert Municipal Code are met,
including Public Works, Building and the Fire department conditions.
RESOLUTION NO. 08-29
2. The proposed location of the project 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.
The proposed project as conditioned will comply with current Building and
Safety Codes, Fire Department and Reviewed by the City's Engineering
Department for compliance with City Ordinance. The use of the
administrative facility is permitted within the P, Public Institution zone
subject to a general plan amendment and a change of zone, with a
Conditional Use Permit (for the land use), is consistent with the intent of the
City's Zoning Ordinance as described in the staff report. The site has been
described to meet as it relates to setbacks, lot coverage, building height,
land use, and parking such that it will not be detrimental to the public
interest, health, safety, welfare and will not be materially injurious to
properties or improvements in the vicinity as described in more detail in the
Staff report. A condition of approval has been placed on the project which
will require the project proponent to construct all necessary on and off -site
infrastructure to provide utilities to the proposed project prior to the issuance
of Building Permits. Water, sanitation and public utilities and services are
available in Hovley Lane East, a public street.
An environmental assessment leading to a mitigated negative declaration
has been prepared that concludes that there will be no adverse
environmental effects.
3. The proposed project will comply with each of the applicable provisions of
this title.
The proposed use is consistent with the intent of the Zoning Ordinance
since the applicant is requesting a change of zone and the standards
meets and/or exceeds the minimum development standards of the P,
Public Institution zone. Additionally, conditions have been added to the
project to ensure that all the minimum requirements of the Palm Desert
Municipal Code are met, including building, landscaping, public works,
and the fire department conditions.
4. The proposed project complies with the goals, objectives, and policies of
the city's adopted General Plan.
The General Plan land use designation for the site is "Industrial / Business
Park (I-B.P.)': The applicant is requesting a General Plan Amendment to
P.F., Public/Quasi-Public. A primary objective stated in the Land Use
Element of the General Plan under Public Services and Facilities Goals,
Policies and Programs is Policy 1, which states the City shall pro -actively
cooperate and coordinate with all providers of utility and public facilities and
safety services in the community to assure adequate and quality levels of
service. Program 1.A of the General Plan Land Use Element is the City
shall regularly coordinate and, as appropriate, cooperate with the various
public and private providers responsible for utilities, police, fire, health and
2
RESOLUTION NO. 08-29
other protection and care services in the community. Policy 2 of the General
Plan Land Use Element is the City shall encourage the timely development
of public services and facilities in a manner, which assures adequate levels
of service, while remaining compatible with existing and future land uses.
This project maintains a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is consistent with the
General Plan because the project proposes a public facility use, which is
compatible with the existing uses within the surrounding area, and offers an
excellent service to the community.
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 approve PP 07-09 and CUP 07-10
subject to conditions attached (Exhibit "A")
3. A Mitigated Negative Declaration of Environmental Impact is hereby
certified (Exhibit "B" attached).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of May 2008, by the following vote, to wit:
AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHLLE D. LAS�N, CITY CLE4K
CITY OF PALM DESERT, CALIFORNIA
AN M. BENS ,elli:rf/616derl't-
MAYOR
3
RESOLUTION NO. 08-29
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NOS. GPA 07-02, C/Z 07-01, PP 07-09 & CUP 07-10
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. All sidewalk plans shall be reviewed and approved by the department of public
works.
7. 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.
8. 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.
4
RESOLUTION NO. 08-29
9. All Landscaping and lighting for the facility shall be strictly on site and will not
intrude onto surrounding properties.
10. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10.
11. The owner shall be responsible for installation and maintenance of landscaping
of the property, as indicated on the approved landscape plan.
12. All conditions of approval shall be recorded before any building permits are
issued. Evidence of recordation shall be submitted to the Department of
Community Development/Planning.
13. Applicant must obtain approval for a Parcel Map Waiver and have it recorded
with the County of Riverside before obtaining any and all permits. The new
property lines must meet all development standards placed on the project.
Department of Public Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner who shall
maintain the landscaping per the City approved landscape document package
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.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid to issuance of grading permit.
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.
5
RESOLUTION NO. 08-29
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans
and shall show all utility and vault locations.
CONSTRUCTION REQUIREMENT
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards
including:
- 6 foot curbside sidewalk on Beacon Hill and 6 foot meandering sidewalk,
4 foot back of curb, on Hovley Lane East.
- 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.
14. 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.
15. 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.
16. 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
17. Parcel map waiver shall be required to alter lot line that extends through
proposed structure.
6
RESOLUTION NO. 08-29
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 less 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 less than 25' from the building and 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 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
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.
7
RESOLUTION NO. 08-29
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. 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. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
15. All elevators shall be minimum gurney size.
16. Fire Department radius shall be 31' inside 52' outside.
Department of Building and Safety
1. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007
2007
2007
2007
2007
2007
2007
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
BUILDING CODE (Based on 2006 IBC)
MECHANICAL CODE (Based on 2006 UMC)
PLUMBING CODE (Based on 2006 UPC)
ELECTRICAL CODE (Based on 2005 NEC)
ENERGY CODE (Based on the 2005 Energy Stds)
BUILDING STANDARDS ADMINISTRATIVE CODE
FIRE CODE
2. An approved automatic fire sprinkler system shall be installed required for this
structure.
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2005 California Energy Standards.
Please obtain a copy of the Ordinance for further information.
4. A disabled access overlay of the precise grading plan is required to be submitted
to the Dept of Building and Safety for plan review of the site accessibility
requirements as per 2007 CBC Chapter 11 B and Chapter 10.
5. All exits must provide an accessible path of travel to the public way. (CBC
1024.6 & 1127B.1)
8
RESOLUTION NO. 08-29
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
8. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
9. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
10. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). Compliance with
Ordinance 1006 regarding street address location, dimension, stroke of line,
distance from street, height from grade, height from street, etc. shall be shown
on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render
the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1006 from the Department of
Building and Safety counter staff.
11. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
//
9
RESOLUTION NO. 08-29
EXHIBIT "B"
Pursuant to Title 14, Division 6, Chapter 3,Article 6 (commencing with section
15070) of the California Code of Regulations.
MITIGATED NEGATIVE DECLARATION
CASE NOS: GPA 07-02, C/Z 07-01,
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
PP 07-09 and CUP 07-10
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Mitigated Negative Declaration of Environmental Impact, Precise Plan of design and
Conditional Use Permit to allow construction of a new 42,512 square foot two-story
Administrative Facility for Coachella Valley Water District. Subject property is located at
75-515 Hovley Lane East. (APN: 632-030-003 and 632-030-015)
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project as mitigated 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, included in
the project to avoid potentially significant effects, may also be found attached.
L�LAIAN
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE
Mav 8, 2008
10