HomeMy WebLinkAboutRes 04-115 and 04-116 Ord 1081 GPA 04-01, C/Z 04-03 and PP 04-22 - Worzack 12-09-2004 •
• CITY OF P „ lfD DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
b n>. RIP H TEL: 760 346-0611
FAX: 760 340-0574
info@palm-desercorg
December 15, 2004 '\.?
Mr.William J. Worzack
41-865 Boardwalk, Suite 106
Palm Desert, California 92211
Dear Mr. Worzack:
Subject: Consideration of the Approval of a General Plan Amendment and a
Change of Zone from Low Density Residential to Office Professional,
and a Precise Plan of Design to Allow Two, One-Story Professional
Office Buildings with a Combined Floor Area of 8,082 Square Feet on a
0.9-Acre Project Site Located at the Southwest Corner of Cook Street
and Sheryl Avenue — Case Nos. GPA 04-01, C/Z 04-03, and PP 04-22
(William J. Worzack, Applicant) (Continued from the meetings of
October 14, and October 28, and November 18, 2004)
At its regular meeting of December 9, 2004, the Palm Desert City Council considered the subject
cases and took the following action:
1) Waived further reading and adopted Resolution No. 04-115, approving
Case No. GPA 04-01.
2) Waived further reading and passed Ordinance No. 1081 to second reading,
approving Case No. C/Z 04-03.
3) Waived further reading and adopted Resolution No. 04-116, approving
Case No. PP 04-22.
Enclosed for your records are fully executed copies of Resolution Nos. 04-115 and 04-116.
Following adoption of Ordinance No. 1081, a fully executed copy of it will be forwarded to you for
your records. If you have any questions or need additional information, please do not hesitate to
contact us.
Sincerely,
( ;?:;1.442111111411 .0*...-
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
cc: Francisco J. Urbina, Associate Planner
G:\CilyClrk\Gloria Martinez\Letters\63-002 Planning\Worzack William J-GPA 04-01 CZ 04-03 PP 04-22.doc
:.?PAINTED ON NE(Y(IER PAPER
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of approval of a general plan amendment and a
change of zone from low density residential (R-1, 0 to 4 dwelling
units per acre) to office professional (OP), and precise plan of design
to allow two, one-story professional office buildings with a
combined floor area of 8,082 square feet on a .9-acre project site
located at the southwest corner of Cook Street and Sheryl Avenue.
SUBMITTED BY: Francisco J. Urbina, Associate Planner
APPLICANT: William J. Worzack
41-865 Boardwalk, Suite 106
Palm Desert, CA. 92211
PROPERTY OWNERS:
Simonds Ents
75-587 Camino De Paco
Indian Wells, CA. 92210
Simonds 1993 Trust
71-890 Eleanora Lane
Rancho Mirage, CA. 92270
Kenneth W. Simonds & Sarah R: Simonds
74-403 Desert Bajada Trail
Indian Wells, CA. 92210
Kathleen M. Walker
26532 Houston Trail
Laguna Hills, CA. 92653
ARCHITECT: Habitat — Guy Dreier Designs
Attn: Guy Dreier
41-995 Boardwalk, Suite D r�
Palm Desert, CA. 92211
CASE NOS: GPA 04-01, CZ 04-03 and PP 04-22
(Continued from October 14, 2004)
DATE: December 9, 2004
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
ATTACHMENTS: A. Draft City Council Resolution No. 04-115
B. Ordinance No. 1081 (CZ 04-03)
C. Draft City Council Resolution No. 04-116
D. Revised project site plan
Recommendation:
1. That the City Council adopt Resolution No. 04-115
01.
(GPA 04-01)
(PP 04-22)
approving GPA 04-
2. That the City Council pass Ordinance No. 1081 to second reading
approving Change of Zone 04-03 from R-1 (Residential Single Family) to
OP (Office Professional).
3. That the City Council adopt Resolution No. 04-116 approving PP 04-22.
I. EXECUTIVE SUMMARY:
The cases were continued from the October 28, 2004 and November 18, 2004
City Council meetings to allow the applicant time to comply with Council's directive
to prepare a revised site plan that combined the two separate parking lots to allow
reciprocal access and parking. The applicant prepared a revised site plan that the
places the two parking lots next to each other and provides a connecting driveway.
This was accomplished by moving the westerly office building 63 feet to the west.
In the revised site plan, the applicant has increased the combined floor area of
both buildings from 6,500 square feet to 8,084 square feet by reducing the size of
the rear courtyards. Based on the new square footages, the two buildings will
require 32 off-street parking spaces. The project is in compliance since the number
of total parking spaces has been increased from 27 to 36. The revised site plan
also shows two new carport structures that will each provide shade for eight
parking spaces.
The .9-acre vacant project site is located at the southwest corner of Cook Street
and Sheryl Avenue. Neighboring land uses include a golf course and
maintenance yard to the south, one-story single family homes to the west, a
commercial building to the north and vacant Service Industrial zoned property to
the east.
General Plan Amendment 04-01 proposes to amend the General Plan land use
designation for the site from Low Density Residential, Study Zone Overlay to
Office Professional.
K
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
Change of Zone 04-03 proposes to change the zoning map designation for the site
from R-1 (Residential Single Family) to OP (Office Professional).
Precise Plan 04-22 proposes the construction of two, single -story professional
office buildings with a combined floor area of 8,082 square feet. The buildings
will be residential in character with setbacks and heights (17 feet) similar to those
of single family homes in the R-1 zone.
The project complies with OP zone development standards and also meets most
R-1 zone development standards. The project is compatible with nearby single
family homes because the proposed one-story office buildings have a quality
architectural design, generous landscaping, and are set back a minimum of 68
feet from the closest single family home to the west.
An Office Professional land use and zoning designation at the project site would
be more appropriate than the existing residential single family designation
because Cook Street is a busy arterial street where 26,602 vehicle trips per day
(October 30, 2003) generate noise levels in excess of 70 decibels. The General
Plan Noise Element discourages residential uses in areas where noise levels
exceed 65 decibels. Noise impacts on the project site from Cook Street traffic
will increase over the next 20 years based on General Plan projections that
traffic volume on Cook Street will increase to 39,520 vehicle trips per day.
On September 21, 2004, the Planning Commission recommended 4-0-0-1, with
Chairperson Jonathan abstaining, that the City Council approve case nos. GPA
04-01, CZ 04-03, and PP 04-22. The Architectural; Review Commission granted
preliminary approval (7-0) on the project on August 10, 2004.
II. BACKGROUND:
The vacant 39,000 square foot project site consists of four parcels. The westerly
end of the project site contains a paved 24-foot wide driveway over an easement
that provides access to the golf course to the south. A 29-foot wide landscaped
buffer area exists between this driveway and the westerly property line of the
project site that is adjacent to a single family home.
The project site is currently zoned R-1 (Residential Single Family) and is
designated Low Density Residential with Study Zone overlay on the new General
Plan Land Use Map which was adopted by the City Council on March 15, 2004.
The City Council determined that the project site should have a Study Zone
overlay designation to allow for the possibility of a change in the site's land use
3
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
designation from Low Density Residential to Office Professional once a
development application for the site was prepared.
A. ADJACENT ZONING AND LAND USE:
North: OP / single -story office building and one-story single family homes
South: R-1 I Coachella Valley Recreation and Park District golf course and
golf course maintenance facility
East: SI / Cook Street and vacant land
West: R-1 / one-story single family homes
B. GENERAL PLAN LAND USE DESIGNATION:
Low Density Residential with Study Zone overlay
111. PROJECT DESCRIPTION:
The applicant seeks approval of a general plan amendment and change of zone
from Low Density Residential to Office Professional to facilitate approval of a
precise plan to allow construction of two residential scale, one-story office
buildings. The project virtually meets all of the development standards of the R-1
zone. On the revised site plan, the westerly building has a setback of 68 feet
from the property line of the closest single family home to the west. The existing
28-foot wide landscaped setback from this home to the existing golf course
access driveway will remain unchanged.
Site Plan, Access & Parking:
Site Plan/Access: The revised site plan places the two parking lots next to each
other. A 24-foot wide interior driveway will connect the two parking lots. This will
facilitate traffic circulation and will eliminate the two dead-end driveways that
were shown on the old site plan. A new condition has been added that requires
the property owners to prepare and record a reciprocal access and parking
agreement between the two properties. The applicant is in agreement with this
new condition.
The revised site plan shows a 4,042 square foot office building (Building #1) on a
140 foot wide by 120 foot deep parcel (Lot 1) with frontage on Sheryl Avenue
and a Cook Street easterly street side yard.
Access to the Building #1 parcel will be from Sheryl Avenue on one 24-foot wide
driveway. Building #1 will have a 20-foot front yard setback and a 15-foot
minimum street side yard setback from Cook Street. A trash enclosure will be
located at the southwest corner of Lot 1.
M
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
Building #2 is a 4,042 square foot office building on a 190-foot wide by 120-foot
deep parcel (Lot 2). Access will be from Sheryl Avenue on one 24-foot wide
driveway. A trash enclosure will be located at the southeast corner of the Lot 2.
Parking: Based on Zoning Ordinance off-street parking requirements for
professional office uses of one parking space per 250 square feet of gross floor
area, each 4,042 square foot building will require 16 parking spaces. The revised
site plan provides 18 parking spaces for each building.
OP Zone Development Standards:
The project complies with OP zone development standards as outlined in the
following table.
STANDARD
O.P. DISTRICT
PROJECT
Building Height
25 feet
Varies from
1 V-6" and 17'-0"
Front Setback
12 foot minimum,
20 feet, measured from
(Sheryl Avenue)
15 foot average
Sheryl Avenue property
line
Rear Setback
20 feet average for buildings up to 18 feet in
27' average setback for
height when adjacent to single -story residential
both Buildings 1 and 2
zones (properties to the south are zoned R-1)
Actual setback varies from
0 setback when adjacent to two-story multifamily
10 feet to 44 feet
or commercial zones, or setback standard of
adjacent zone, whichever is greater
*Note: To avoid architectural monotony, the
planning commission may require setbacks to
vary plus or minus five feet around the required
average
Street Side Yard Setback
12 foot minimum,
Building 1 (adjacent to
(Cook Street)
15 foot average
Cook Street) easterly side
yard: setback varies from
15 feet to 17 feet
Interior Side Yard
20 feet average for buildings up to 18 feet in
Building 1 westerly interior
height when adjacent to single -story residential
side yard: 74 feet'
zones (properties to the south are zoned R-1)
Building 2 easterly side
0 setback when adjacent to two-story multifamily
yard: 74 feet"
or commercial zones, or setback standard of
Building 2 westerly side
adjacent zone, whichever is greater
yard: 68 feet
Parking
32 parking spaces required
36 parking spaces
1 space per 250 sq ft of gross floor area
provided
5
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
Architecture:
The two buildings have a "contemporary" architectural style. The buildings have
a combination of sloping grey metal seam roofs and flat roofs with heights
varying from 1 V-W to 17'-0". Each building will have an angled 18'-6" high
architectural projection with slate veneer finish.
The building walls are offset, and the shape and footprints of the buildings avoid
a "box -like" design. Exterior colors will be in dark beige and light beige. Building
materials will consist of exteriors walls coated in a "Akrotique" material that
resembles a smooth sandstone finish, slate veneer on architectural projections,
brown tinted glass with anodized aluminum trim, and beige stained re -sawn
wood soffits underneath roof overhangs.
Each building will have two courtyards with 5-foot high walls with an "Akrotique"
material finish to match adjacent exterior building walls. Walkways will have
decorative brown paving.
The Architectural Review Commission granted preliminary approval of the project
on August 10, 2004.
IV. ANALYSIS:
General Plan Amendment and Change of Zone
Noise impacts, in excess of 70 decibels, generated by 26,602 vehicle trips per
day on Cook Street make the project site incompatible for single family homes.
The General Plan Noise Element discourages residential uses in areas where
noise levels exceed 65 decibels. This excessive noise would negatively impact
the outdoor peace and enjoyment of residents if the site were developed with
single family homes.
Offices at the project site would be a logical land use extension of the existing
OP zoned property to the north. Designating the project site for office uses
would provide a desirable land use buffer between a busy arterial street (Cook
Street) and single family residential homes to the west. There are no residents
to the south that would be impacted by the project.
Developing the project site for office uses instead of residential uses would fulfill
general plan goals and polices that encourage the location of professional offices
along arterial streets because offices provide an appropriate transitional land use
and noise buffer between high traffic volume streets (i.e. Cook Street) and
residential properties.
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
Precise Plan:
The proposed residential scale office buildings meet the development standards
of the Office Professional (OP) zone and will be compatible with adjacent OP, R-
1, and SI zoned properties. The proposed buildings have quality contemporary
designs that were approved by the Architectural Review Commission.
Development of the project site for office uses would not negatively impact the
one-story, single family residential neighborhood to the west because the setbacks
and one-story height of the two proposed office buildings are similar to those of the
R-1 zone.
The office buildings' minimum 68-foot setback from the closest single family
home to the west, effectively isolates the buildings from residents. Since most of
this setback is landscaped, it creates a generous and attractive buffer between the
office buildings and the residential neighborhood to the west.
Therefore, the findings for approving a precise plan can be affirmed. These
findings are included in the City Council resolution attached to this staff report.
Neighborhood Concerns:
Brett Picano, the owner/resident of a single family home four lots west of the
project site at 74-857 Sheryl Avenue, spoke in opposition to the proposed project
at the Planning Commission hearing. Mr. Picano said he opposes the project
because it would create extra traffic in a residential area, extra air pollution in the
area, and loitering around the proposed office buildings.
The applicant responded that his commercial -industrial real estate firm, which
would occupy one of the two office buildings, typically sees only three people per
day. Guy Dreier, owner of Guy Dreier Designs, who would occupy the other office
building in the project responded that he does not have people do not come to his
office every day. Therefore, the amount of traffic generated by the project would
be minimal.
If three single family homes were developed on the 39,000 square foot site, they
would generate 29 vehicles trips per day based on trip generation data (9.57 trips
per day, per home) provided by the Institute of Transportation Engineers (ITE) Trip
Generation manual. By comparison, the ITE manual states that 6,500 square feet
of offices would generate 72 vehicles trips per day. The estimated 43 additional
vehicle trips per day trips generated by offices versus single family homes would
have a negligible air pollution impact on the neighborhood since 26,602 vehicles
7
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
per day already travel on Cook Street (projected to increase to 39,520 vehicle trips
per day).
Most vehicle trips generated by the project will exit and access the site using the
shortest route to and from Cook Street, thereby avoiding a longer circuitous route if
vehicles leaving the site headed into the interior of the residential neighborhood to
the west, then north to Merle Drive, and then east to Cook Street.
The applicant and staff do not think that loitering will occur at the project site, but if
it did, the applicant would immediately take action to eliminate it. Mr. Picano did
not give a reason why he thinks the project might create a loitering problem.
V. ENVIRONMENTAL REVIEW:
For purposes of CEQA, staff has determined that the project is categorically exempt from
further environmental review per Section 15305 (Minor Alterations in land Use
Limitations) of CEQA Guidelines.
VI. CONCLUSION
The general plan amendment and change of zone from Low Density Residential to
Office Professional is appropriate for the project site for the reasons stated in the
analysis section of this staff report.
The precise plan as proposed is consistent with the OP zone development
standards. The proposed buildings have a residential scale due to their one-
story, 17-foot height, high quality architectural design, generous landscaping,
and setbacks that meet R-1 zone standards. The buildings' 68-foot minimum
setback from the closest single family home to the west and the generous
amount of project site area that is landscaped make the office development
compatible with nearby single family homes.
1*1
Staff Report
William J. Worzack
GPA 04-01, CZ 04-03 and PP 04-22
December 9, 2004
Submitted by:
4Fn4ciscdo--J—.Urbinaj/----"4-
Associate Planner
Department Head:
47
Philip Drell
Director of Community Development
Approval:
Homer Croy
Assistant City MQer for Development Services
Carlos L. Orteg
City Manager
A
RESOLUTION NO.04-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO OFFICE
PROFESSIONAL FOR A .9-ACRE SITE LOCATED AT THE SOUTHWEST
CORNER OF COOK STREET AND SHERYL AVENUE.
CASE NO. GPA 04-01
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th
and 28th days of October, 2004, on the 18th day of November, 2004, and on the 9th day of
December, 2004, hold a duly noticed public hearing to consider the request of William J.
Worzack for a general plan amendment as described above; and
WHEREAS, The Planning Commission by its Resolution No. 2295 has
recommended approval of GPA 04-01; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures for Implementation of the California Environmental Quality Act,
Resolution No. 02-60", in that the Director of Community Development has determined
that the project is a Class 5 (Minor Alterations in Land Use Limitations) Categorical
Exemption; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council finds the following
facts and reasons to justify its actions, as described below:
A Low Density Residential land use designation with a Study Zone overlay
was applied to the site when the City Council adopted a new General Plan
on March 15, 2004,. The Council anticipated that general plan amendment
and change of Zone applications would be filed to change the land use
designation and zoning to Office Professional once a development plan for
the project site was prepared and filed.
2. The property at the northwest corner of Cook Street and Sheryl Avenue is
designated on the General Plan as Office Professional, zoned OP.
3. The General Plan Noise Element discourages residential uses adjacent to
streets with high traffic volumes such as Cook Street due to traffic noise that
would negatively impact the outdoor peace and enjoyment of residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
RESOLUTION NO. 04-115
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 hereby approves GPA 04-01 as shown on Exhibit A
(attached)..
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 9th day of December, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
ROBERT A. SPIEGEL, MAYOR
CITY COUNCIL ORDINANCE NO. 1081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP BY CHANGING THE ZONE FROM R-1
(RESIDENTIAL SINGLE FAMILY) TO O.P. (OFFICE PROFESSIONAL)
FOR A .9-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF
COOK STREET AND SHERYL AVENUE.
CASE NO. CZ 04-03
WHEREAS, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN, as follows:
SECTION 1: That a portion of Ordinance No. 107 as amended is hereby
amended to read as shown on the attached Exhibit A.
SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby
directed to public this ordinance in the Desert Sun, 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 by the Palm Desert City Council, held on
this 9th Day of December, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT SPIEGEL, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
RESOLUTION NO. 04-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO
CONSTRUCT TWO OFFICE BUILDINGS WITH A TOTAL OF 8,082
SQUARE FEET ON A .9-ACRE SITE LOCATED AT THE SOUTHWEST
CORNER OF COOK STREET AND SHERYL AVENUE.
CASE NO. PP 04-22
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th
and 28th days of October, 2004, on the 18th day of November, 2004, and on the 9th day of
December, 2004 hold a duly noticed public hearing to consider the request of William J.
Worzack for approval of a precise plan as described above; and
WHEREAS, The Planning Commission by its Resolution No. 2295 has
recommended approval of PP 04-22; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures for Implementation of the California Environmental Quality Act,
Resolution No. 02-60", in that the Director of Community Development has determined
that the project is a Class 5 (Minor Alterations in Land Use Limitations) Categorical
Exemption; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to justify its actions, as described below:
The precise plan is well designed with quality residential scale architecture.
2. The precise plan implements the following goals and objectives of the
General Plan Office Professional land use designation:
a. The Office Professional designation is assigned to lands that provide
comparative advantages for office developments, with use
characteristics that enhance compatibility with residential and other
sensitive land uses.
b. Professional office lands serve as effective buffer or transitional uses
between commercial and residential neighborhoods, and provides
convenient professional office services to surrounding residents and
businesses.
C. Office use is appropriate along arterial roadways, integrated with
commercial development, and as stand-alone business parks.
RESOLUTION NO. 04-116
3. The site was identified for potential office professional use when the City
Council adopted a new General Plan on March 15, 2004.
4. The precise plan complies with zoning ordinance requirements.
5. The design of the precise plan will not depreciate property values in the
vicinity, nor be materially injurious to properties or improvements in the
vicinity.
6. The precise plan will not unreasonably interfere with the use and enjoyment
of the property in the vicinity by the occupants thereof for lawful purposes.
7. 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 hereby approves PP 04-22.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 9th day of December, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
r.
ROBERT A. SPIEGEL, MAYOR
RESOLUTION NO. 04-116
CONDITIONS OF APPROVAL
CASE NO. PP 04-22
Department of Communitv 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 enclosure locations
noted and trash 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 Planning 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. The plan to be prepared by a
qualified lighting engineer.
3
RESOLUTION NO. 04-116
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 a parapet wall that is
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 heights of roof -mounted mechanical equipment.
10. Related Parcel Map Waiver No. 04-15, which proposes to merge the four project
site parcels into two parcels, shall be approved and recorded prior to the issuance
of building permits for the proposed office buildings.
11. Prior to issuance of building permits the applicant shall submit a reciprocal
easement agreement for access, parking and drainage between the two parcels
proposed under Parcel Map Waiver No. 04-15. After the agreement is reviewed
by City staff, it shall be recorded.
Department of Public Works:
Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit.
The project shall be designed to retain nuisance waters onsite. Any drainage
facility construction required for this project 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.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of any permits associated with this
project.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF)
Payment of said fees shall be at the time of building permit issuance.
M
RESOLUTION NO. 04-116
4. 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.
5. 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.
6. 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,
and shall be completed prior to issuance of any certificate of occupancy for the
project.
7. 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 and
approval before construction of any improvements is commenced. Offsite
improvement plans are to be approved by the Public Works Department and a
surety posted to guarantee the installation of required offsite improvements prior
to permit issuance.
8. Landscape installation on the property frontages as well as on -site shall be
drought tolerant in nature and maintenance shall be performed by the property
owner.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20, Stormwater Management and
Discharge Control. Developer shall contact the Riverside County Flood Control
District for informational materials.
10. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits. Preliminary landscape plans shall be submitted concurrently with
grading plans.
11. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
5
RESOLUTION NO. 04-116
12. 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 and the city's Circulation Network. Those improvements shall include,
but not be limited to the following:
a. Installation of a 6' wide concrete sidewalk on Sheryl Avenue.
b. Dedication of 11 feet on Cook Street, 55' from centerline.
Rights -of -way and/or easements necessary for the installation of the above
referenced improvements shall be conveyed to the city prior to the issuance of
any permits associated with this project.
13. This project shall be limited to two driveways. Driveways and parking lots shall
be inspected by the Public Works Department and a standard inspection fee
paid prior to the issuance of a grading permit.
Riverside Countv 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.
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
N.
RESOLUTION NO. 04-116
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 X"
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. This project may require licensing by a state or county agency. To facilitate plan
review, the applicant shall prepare and submit to the Fire Marshall a letter of
intent detailing the proposed usage and occupancy type.
13. All buildings shall have illuminated addresses of a size approved by the city.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
15. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
7
50
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