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HomeMy WebLinkAboutORD 706ORDINANCE NO. 706 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A CHANGE OF ZONE FROM R-3 (4) TO O.P. AT THE NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE CASE NO. C/Z 92-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of February, 1993, hold a duly noticed public hearing to consider the request of GENERAL CONSTRUCTION MANAGEMENT for a Negative Declaration of Environmental Impact and Change of Zone from R-3(4) to O.P. at the northwest corner of Cook Street and Sheryl Avenue; 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. 80-89", in that the director of community development has determined that the project will not have an adverse impact on the environment and a Negative Declaration has been prepared; 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 planning commission did find the following facts and reasons to exist to justify granting approval of said change of zone: 1. The proposed change of zone will not depreciate property values, restrict the lawful use of adjacent properties or threaten the public health, safety or general welfare. 2. The O.P. zoning designation will be consistent with the General Plan as amended. NOW, THEREFORE, BE IT OBTAINED 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 council in this case. 2. That a Negative Declaration of Environmental Impact, Exhibit "A", and C/Z 92-6, Exhibit "B", is hereby approved. ORDINANCE NO. 706 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of February, 1993, by the following vote, to wit: AYES: CRITES, KELLY, SNYDER, WILSON, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE A TEST: SHEILA R,-'C'ILLIGAN, City Clerk City of Palm Desert%, California E GZtI '� AC/ JEAN M. BENSON, Mayor ORDINANCE NO. 706 CONDITIONS OF APPROVAL CASE NO. C/Z 92-6 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 Palm Desert Water & Services District 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 trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 3 ORDINANCE NO. 706 8. 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. 9. 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. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of any permits associated with this project. 2. Drainage facilities, as designated within the Master Drainage Plan for the City of Palm Desert shall be provided to the specifications of the Director of Public Works. 3. Storm drain 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. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 5. 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. 6. 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. 7. 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. 8. Landscaping maintenance on Cook Street and Sheryl Avenue shall .19 ORDINANCE NO. 706 be provided by the property owner. 9. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. As required by Sections 26.32 and 26.44 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan half -street right-of-way at 55 feet on Cook Street shall be dedicated to the City of Palm Desert prior to the issuance of any permits associated with this project. 11. 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. 12. 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 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 required offsite improvements prior to start of construction. Such offsite improvements shall include, but not be limited to, construction of concrete curb and gutter and asphalt paving at 43' from centerline on Cook Street and concrete sidewalk in an appropriate size and configuration on Cook Street and Sheryl Avenue, and the construction of concrete curb and asphalt paving in the alley area. The design of the proposed deceleration lane for the project entry shall be subject to the approval of the Director of Public Works. Prior to the acceptance of the subject improvements "as -built" improvement plans shall be submitted to the city. 13. 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. 14. 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. 15. Pad elevations are subject to review and modification in 5 ORDINANCE NO. 706 accordance with Chapter 27 of the Palm Desert Municipal Code. 16. All existing overhead utilities shall be placed underground in accordance with each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 17. Landscaping, walls and other site improvements within a 40- foot "clear sight triangle" shall be no higher than thirty-six inches above top of curb elevation. 18. Permit issuance shall be subject to a waiver of parcel map first being approved and recorded. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC 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 Uniform Fire Code Sec. 10.301C. 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 potential gallon per minute flow of 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration a 20 psi residual operating pressure. 1500 gpm is all buildings are fire sprinklered. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured installed type. along below approved vehicular travelways. Hydrants 3000' elevation shall be of the "wet barrel" N. ORDINANCE NO. 706 5. A combination of on -site and off -site Super fire hydrants (6" x 4" x 2-1/2" x 2-1/2") will be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 6. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civic Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000." 8. The required f ire f low may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. 9. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 10. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings. 7 ORDINANCE NO. 706 11. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 12. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 13. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems, systems where any interior devices are required or used. (U.F.C. 14-103(a)) 14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 15. 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 1316" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 16. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6". 17. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. Comply with turn radius. N. ORDINANCE NO. 706 18. Contact the fire department for a final inspection prior to occupancy. 19. This project may require licensing and/or review by State agencies. Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal (818-960-6441) for an opinion and a classification of occupancy type. This information and a copy of the letter of intent should be submitted to the fire department so that proper requirements may be specified during the review process. Typically this applies to educational, day care, institutional, health care, etc. Unknown tenants. 20. Commercial buildings shall have illuminated addresses of a size approved by the city. 21. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal's office for submittal requirements. 22. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1. Fire department access is not acceptable. Turn radius at islands and curbs must be adjusted and resubmitted to allow entry of fire equipment use. 0 ORDINANCE NO. 706 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO.: C/Z 92-6 APPLICANT/PROJECT SPONSOR: General Construction Management 41-865 Boardwalk, Suite 112 Palm Desert, California 92260 PROJECT DESCRIPTION/LOCATION: A 12,350 square foot office building at the northwest corner of Cook Street and Sheryl Avenue The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project 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, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DIRECTOR OF C AND PLANNING Of DATE TY DEVELOPMENT 10 CITY OF PALM DESERT Case No. C/Z 92-6 go 00 loo C� CITY COUNCIL ORDINANCE NO.%06 Date 2-25-93