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HomeMy WebLinkAboutRes 04-81 PP 03-22 - Patel ArchitectureREQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Approval of a precise plan of design to allow the construction of a 11,945 square foot office building located on the south side of Fred Waring Drive, approximately 368 feet east of San Pablo Avenue. SUBMITTED BY: Tony Bagato, Assistant Planner APPLICANT: Patel Architecture 71-711 San Jacinto Drive Rancho Mirage, CA 92270 CASE NO: PP 03-22 DATE: July 8, 2004 CONTENTS: Recommendation Executive Summary Discussion Draft Resolution Legal notice Planning Commission Staff Report Planning Commission Resolution Planning Commission Notice of Action Planning Commission Minutes Comments from other agencies Section 25.56. Attachment Vicinity Map Exhibits Recommendation: That the City Council adopt Resolution No.04-81, approving PP 03-22, subject to conditions attached. Executive Summary: The applicant is requesting approval to construct an 11,945 square foot office building. The building has three tower elements at 28' high, 3' above the height limit of the zone. The elements are 7% of the ground floor area. On March 23, 2004, the Architectural Review Commission unanimously granted preliminary approval of the project. On May 18, 2004, the Planning Commission recommended approval of the project. The applicant modified the site plan to comply with the recommendations of the Planning Commission. Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 2 July 8, 2004 Discussion: I. BACKGROUND: A. Property Description: The three vacant parcels total 31,840 square feet. The property is zoned Office Professional (O.P.) B. Adjacent Zoning and Land Use: North: P / Civic Center South: R-3 S.O. / Multi -family dwelling East: R-3 S.O. / Multi -family dwelling West: O.P. / Multi -family dwelling C. Fred Waring Expansion: Recently, the Department of Public Works began improving and widening Fred Waring Drive throughout the City. The next phase of improvements will widen the south side of Fred Waring Drive, across from the Civic Center. The existing curb will move 6'. The current right-of-way will be reduced to 8' from the exiting property lines. The City's General Plan requires a 12' right-of-way for Fred Waring Drive. The Department of Public Works is requiring the applicant to dedicate 4' of property to comply with the City's General Plan. The dedication moves the applicant's existing property line 4', reducing the size of the lots. II. PROJECT DESCRIPTION: A. Site Plan: The applicant is requesting approval of a precise plan of design to allow the construction of a 11,945 square foot office building and 50 parking spaces. Access to the property will be provided by one (1) right turn in and out driveway. An emergency access gate will be provided on the east side of the property. Due to the unique design of the building, setbacks are described in three categories (see Plan A-1.1): 1. Main Building Footprint. 2. Architectural Projections. 3. Tensil Fabric Awnings. Resolutitm .No . 04-81 Staff Report Patel, PP 03-22 Page 3 July 8, 2004 1. Main Building Footprint: The front setback varies between 17' and 22' from the new property line. The rear varies between 66'3" and 78'6". The east is 10' and the west is 70'. 2. Architectural Projections: The front setback varies between 10' and 20' from the new property line. The rear setback is 63', east side is 6' and west side is 48'6". 3. Tensil Fabric Awnings: There are two (2) large tensil fabric awnings attached to the front of the building and one (1) attached to the rear. The front setback varies between 3' and 18' from the new property line. The rear setback is 50'. B. Height: The building is two -stories. Similar to setbacks, the building heights are separated into three categories (see Plan A-6.1): 1. Main Building Parapet. 2. Architectural Projections. 3. Tower Elements. In the office professional zone, the building must maintain a one (1) foot of setback for every foot of building height measured from the ultimate curb location. 1. Main Building Parapet: The main building consists of the interior office space. The main building parapet is 27' high. The setback from the ultimate curb varies between 32'6" and 36'6". 2. Architectural Projections: The architectural projections are the curved and angled walls that support an open walkway/balcony. The top of the projections is 26' high. The setback varies between 24' and 32'6" from the ultimate curb. Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 4 July 8, 2004 3. Tower Elements: There are three tower elements on the building. The first is a curved screen wall for roof equipment that rises 3' above the main parapet height. The wall is setback 44'6" from the ultimate curb when it reaches 30' high. The second is a decorative sloped corrugated steel wing element that rises 3' above the main building parapet. The roof element is setback 50'6" from ultimate curb when it reaches 30' high. The third element is the top of the elevator shaft. It is 30' high and is setback 62' from the ultimate curb. C. Architecture: The building's design is contemporary with unique angles, curves, and decorative tensil fabric awnings. The roof is flat with a sloped corrugated steel wing roof element, curved walls screening the roof equipment and the top of the elevator shaft. The color of the building will be desert tones of browns, beige and tan. On March 23, 2004, the Architectural Review Commission unanimously granted preliminary approval of the project. ANALYSIS: A. Project Data: STANDARD O.P. DISTRICT PROJECT Building Height 25' 27' with a tower elements at 30' Front Setback 12' minimum, 15' average Varies between 10' and 22' Rear Setback (adjacent zone is R-3) 10, Varies between 63' to 78'6" Interior Side Yards (adjacent to O.P./R-3) 0/8' 48'6"/6' Parking: 4/1,000 general 47 50 Landscaping 15% 24% Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 5 July 8, 2004 B. Setbacks 1. Main Building: The main footprint of the building is the leasable/useable office space. The main building complies with all the required property line setbacks of the zone. 2. Architectural Projections: Section 25.56.210 (attached) allows architectural projections to encroach 6' into the required front setback. In the O.P. zone the minimum front yard setback is 12'. The angular and curved architectural projections vary between 10' and 20' from the new front property line. The projections encroach up to 2' into the required front yard setback. The building's front architectural projections comply with the section 25.56.210. Architectural projections are allowed to encroach 2' into the required side yard setback. In the O.P. zone the adjacent zone determines the standards for the side yard setbacks. The east property is zoned R-3. The minimum setback for the main building is 8' and 6' for architectural projections. The architectural projection encroaches 6' into the required setback. The projection complies with Section 25.56.210. 3. Tensil Fabric Awnings: The two (2) awnings on the front of the building are 3' from the new front property line. Awnings on El Paseo and Highway 111 extend to, and in some cases over, the front property line. The awnings on this building are designed as a decorative feature. They are 3' from the new property line and 15' from the ultimate curb location. The awnings may be approved similar to other awnings in the City. C. Height and Setback from Curb: 1. Main Building Height: The height of the main building is 27'. As proposed, the building does not comply with the 25' height limit of the zone. The 27' tall parapet is a result of the interior space design. The first and second floor office space is 9' tall and the two (2) floor/roof sections are 3' Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 6 July 8, 2004 tall. The proposed building can comply with the 25' height limit by modifying the interior space by one (1) of three (3) ways: 1) Interior space 9' high with 2' high floor/roof sections, or 2) Interior space 8'6" high with 2'6" high floor/roof sections, or 3) Interior space 8' high with 3' high floor/roof sections. By reducing the interior space by 2' the building can comply with the 25' height limit. The three solutions identified above are not the only way to reduce the building height. The applicant may recommend an alternative solution. The applicant prefers that the building remain 27' high, but has agreed to lower the building to 25'. The building must be lowered to comply with the current height requirement in the office professional zone. There is no justification to approve a variance. The only way to approve this building at 27' is to amend the City's zoning ordinance height standards in the office professional zone. Setback from Curb: The existing curb on the south side of Fred Waring Drive will be moved 6', to its ultimate curb location. The main building complies with the one (1) foot of setback for every foot of height. 2. Architectural Projections Height: The height of the architectural projections is 26'. As proposed, it does not comply with the 25' height limit. With the lowering of the main building height, the architectural projections will be reduced in proportion to the interior space. The height of the projections will be 24', which complies with the 25' height limit. Setback from Curb: The setback from the ultimate curb varies between 24' and 32'6". At 26' high the architectural projections do not comply with the one (1) foot of setback for every foot of height. When the building is lowered to 24' high the projections will comply with the ultimate curb setback requirement. Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 7 July 8, 2004 3. Tower Elements: Tower elements above the standard height limit must be approved by City Council. Section 25.56.300 (attached) states that tower elements that do not exceed more than 10% of the ground area may be erected 25' above the height limit of the zone. The proposed towers are 30' high, 5' above the height limit of the zone. Reducing the main building height to 25' will lower the tower elements to 28'. The tower elements are 7% of the ground floor area and may be approved by City Council. Setback from Curb: The three (3) tower elements comply with the required setback from the ultimate curb. D. Parking: The parking requirement for general office space is four (4) spaces per 1,000 square feet and for medical office space six (6) spaces per 1,000. An 11,945 square foot general office building is required to have 47 parking spaces. The parking ordinance allows a 15% reduction for non -leasable space. With a 15% reduction, the project is required to have 40 parking spaces. The site plan design provides 50 parking spaces, which allows 5,000 square feet of medical office use. The City's parking ordinance requires one (1) shade tree for every three (3) parking spaces. Shade structures may be constructed in lieu of shade trees. With 50 spaces, 17 are required to be covered. Fourteen (14) spaces are covered by decorative shade structures. Three (3) spaces are covered by shade trees. E. Access: There will be one driveway that provides access to the project from Fred Waring Drive. The drive isle behind the building is longer than 150' long. The Riverside County Fire Department requires a second access for emergency vehicles. The applicant is proposing to install an emergency gate through the existing block wall on the east property line. There is a 24' wide driveway adjacent to the east wall. There are two (2) no parking signs posted on the driveway for fire access to the apartment complex. The applicant will need to record an easement with the adjacent property owner to construct the emergency gate through the existing block wall. Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 8 July 8, 2004 F. Planning Commission: On May 18, 2004, the project was presented to the Planning Commission. The Commission endorsed the building's superior architecture and concurred with the recommendations of lowering and moving the building to comply with the standards of the zone. IV. CONCLUSION: • The building's superior architecture incorporates curves, angles, decorative roof elements, and decorative tensil fabric awnings to create a very unique and well -designed office project on Fred Waring Drive. • The main building height does not comply with the 25' height limit in the office professional zone. The interior of the building can be reduced by 2' to lower the main building parapet to comply with the 25' height limit of the zone. • The top of the front architectural projections does not comply with the 25' height limit and does not comply with the ultimate curb setback. When the main building is lowered 2', the front architectural projections will be lowered to 24' high. At 24' high, the front architectural projections will comply with the height limit and ultimate curb setback requirement. • The tower elements will be lowered to 28' high. They are 7% of the gross floor area and may be approved by City Council. • There is no justification to approve a variance for the building as proposed. The City would need to amend the height limit and ultimate curb setback requirement in the office professional zone. • The precise plan of design complies with all other requirements of the zone. Resolution No. 04-81 Staff Report Patel, PP 03-22 Page 9 July 8, 2004 V. ENVIRONMENTAL REVIEW: The application is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary. Submitted By: TonyBagato Assistant Planner Approval: City Manager AC ? for Developme,iServices Department Head: Phil Drell Director of Community Development CITY COUNCIL RESOLUTION NO, nc,_R i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 11,945 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE. CASE NO PP 03-22: WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 10th day of June, 2004, hold a duly noticed public hearing, continued to June 24, 2004 and to July 8, 2004 to consider the request by PATEL ARCHITECTURE for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2270 has recommended approval; 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. 02-60, 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 Planning Commission did find the following facts and reasons to exist to justify recommending to City Council approval of said request: 1. The proposed location of the office building, as it is conditioned and modified, is in accord with the objectives of the City's zoning ordinance. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The proposed location of the office complex 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 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 approval of Precise Plan 03-22 is hereby granted, subject to conditions attached. CITY COUNCIL RESOLUTION NO. 04_81 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 8th day of July, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California BOB SPIEGEL, Mayor 2 CITY COUNCIL RESOLUTION NO. 04-81 CONDITIONS OF APPROVAL CASE NOS. PP 03-22 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 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 future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Markings shall be a minimum four -inch wide double ("hairpin" style) stripe design to provide 18 inches measured from outside to outside. 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 3 CITY COUNCIL RESOLUTION NO. 04-81 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. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 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. 10. The applicant shall submit a tenant improvement plan for review by the Community Development Director. 11. 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. 12. The main building height shall be lowered from 27' high to 25' high. Redesigning the interior office space in one (1) of three (3) ways may do this: • Interior space 9' high with 2' high floor/roof sections, or • Interior space 8'6" high with 2'6" high floor/roof sections, or • Interior space 8' high with 3' high floor/roof sections. The three solutions identified above may not be the only way to reduce the building height. The applicant may recommend an alternative solution that lowers the building to 25' high. 13. The front architectural element of the building shall be reduced from 26' high to 24' to comply with the height and required setback from the ultimate curb location. When the main building is lowered to 25', the front projections will be lowered in 2' as well. 14. Currently, six (6) parking stalls are designed at 14'6". These stalls shall be redesigned to 15'6" to comply with the off-street parking Section 25.58.200 of the City's Zoning Ordinance. 15. The three tower elements shall be 28' high and must be approved by the City Council. 16. The applicant shall record an easement with the adjacent property to the east for emergency access. Such access shall be reviewed and approved by the Fire Marshal. 4 CITY COUNCIL RESOLUTION NO. 04_81 17. Applicant shall underground overhead utility lines if the City initiates an under grounding project in the vicinity prior to issuance of building permits. Department of Public Works: 1. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed an approved by the Department of Public Works prior to start of construction. The study shall address historical drainage patterns as they relate to adjacent properties. 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. 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. 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 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 the property owner shall provide maintenance. 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. 5 CITY COUNCIL RESOLUTION NO.94-81 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 for review 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. 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 consisting of the following: • Dedication of an additional 4' of right -of -away to a total of 44' from survey centerline, for the future widening of Fred Waring Drive. Right-of-way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to issuance of any permits associated with this project. 13. This project shall be limited to one (1) drive way. Driveway and parking lots shall be inspected by the Department of Public Works and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 24' wide, with a 15' radius on the entry corners. 14. Prior to issuance of any permits associated with this project, the applicant shall execute and record an offer for reciprocal access easement between the subject property and the properties to the east and west following the proposed east/west aisle in the rear of the property. This shall be shown on the site plan. An easement for emergency access purposes shall be recorded with the property to the east prior to any issuance in a manner acceptable to the Fire Marshal and City Engineer. 15. Landscape easement shall be obtained for the notched land area adjacent to the turn -around area of the parking lot from the property to the south prior to issuance of any permits. 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 Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: 6 CITY COUNCIL RESOLUTION NO. 04-81 The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. 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. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2- 112"x2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 5. Install a complete NFPA 13R fire sprinkler system. This applies to all buildings with a 3,000 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. 6. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored as required by the UBC Chapter 9. 7. Install a fire alarm system as required by the UBC Chapter 3. 8. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 9. 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 less than 24' of unobstructed width and 13'6" 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 tum around (55' in industrial developments). Fountains or garden islands placed in the middle of these tum-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 10. Whenever access into private property into a private property is controlled through the use of gates, barriers or other means, provisions shall be made to 7 CITY COUNCIL RESOLUTION NO. 04-81 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". 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 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 twelve months. 8 CM Of PRIM EIEERi 73-5 ro FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 76o 341-7098 info palm-dcsert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 03-22 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by PATEL ARCHITECTURE for approval of a precise plan of design for a two-story, 12,450 square foot office building located on Fred aring Drive, approximately 368 feet east of San Pablo Drive. The property totals 3 parcels, A Ns 627-101- 005, 627-101-006, and 627-101-036. inn 1 P„ �i• .-• A4 0 NI - O .ASi. hill GATTINA-- -i --NO NAME-- ,+tegier s,7E --- FRED-WARING SAN.LAr dsa Z SAID public hearing will be held on Thursday, June 10, 2004, at 4:00 p.m. i the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be eard. Written comments conceming all items covered by this public hearing notice shall be a cepted up to the date of the hearing. Information conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues yoJ or someone else raised at the public hearing described in this notice, or in written correspondqnce delivered to the Planning Commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun May 31, 2004 RACHELLE KLASSEN, City Clerk Palm Desert City Council CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: May 18, 2004 CASE NO: PP 03-22 REQUEST: Approval of a precise plan of design to allow the construction of a 12,450 square foot office building located on the south side of Fred Waring Drive, approximately 368 feet east of San Pablo Avenue. APPLICANT: Patel Architecture 71-711 San Jacinto Drive Rancho Mirage, CA 92270 I. BACKGROUND: A. Property Description: The three vacant parcels total 31,840 square feet. The property is zoned Office Professional (O.P.) B. Adjacent Zoning and Land Use: North: P / Civic Center South: R-3 S.O. / Multi -family dwelling East: R-3 S.O. / Multi -family dwelling West: O.P. / Multi -family dwelling C. Fred Waring Expansion: Recently, the Department of Public Works began improving and widening Fred Waring Drive throughout the City. The next phase of improvements will widen the south side of Fred Waring Drive, across from the Civic Center. The existing curb will move 6'. The current right-of-way will be reduced to 8' from the exiting property lines. The City's General Plan requires a 12' right-of-way for Fred Waring Drive. The Department of Public Works is requiring the applicant to dedicate 4' of property to comply with the City's General Plan. The dedication moves the applicant's existing property line 4', reducing the size of the Tots. STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 II. PROJECT DESCRIPTION: A. Site Plan: The applicant is requesting approval of a precise plan of design to allow the construction of a 12,450 square foot office building and 45 parking spaces. Access to the property will be provided by one (1) right turn in and out driveway. An emergency access gate will be provided on the east side of the property. Due to the unique design of the building, setbacks are described in three categories (see Plan A-1.1): 1. Main Building Footprint. 2. Architectural Projections. 3. Tensil Fabric Awnings. 1. Main Building Footprint: The front setback varies between 17' and 22' from the new property line. The rear varies between 66'3" and 78'6". The east is 8' and the west is 72'. 2. Architectural Projections: The front setback varies between 10' and 20' from the new property line. The rear setback is 63', east side is 4' and west side is 50'6". 3. Tensil Fabric Awnings: There are two (2) large tensil fabric awnings attached to the front of the building and one (1) attached to the rear. The front setback varies between 3' and 18' from the new property line. The rear setback is 50'. B. Height: The building is two -stories. Similar to setbacks, the building heights are separated into three categories (see Plan A-6.1): 1. Main Building Parapet. 2. Architectural Projections. 3. Tower Elements. 2 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 In the office professional zone, the building must maintain a one (1) foot of setback for every foot of building height measured from the ultimate curb location. 1. Main Building Parapet: The main building consists of the interior office space. The main building parapet is 27' high. The setback from the ultimate curb varies between 32'6" and 36'6". 2. Architectural Projections: The architectural projections are the curved and angled walls that support an open walkway/balcony. The top of the projections is 26' high. The setback varies between 24' and 32'6" from the ultimate curb. 3. Tower Elements: There are three tower elements on the building. The first is a curved screen wall for roof equipment that rises 3' above the main parapet height. The wall is setback 44'6" from the ultimate curb when it reaches 30' high. The second is a decorative sloped corrugated steel wing element that rises 3' above the main building parapet. The roof element is setback 50'6" from ultimate curb when it reaches 30' high. The third element is the top of the elevator shaft. It is 30' high and is setback 62' from the ultimate curb. C. Architecture: The building's design is contemporary with unique angles, curves, and decorative tensil fabric awnings. The roof is flat with a sloped corrugated steel wing roof element, curved walls screening the roof equipment and the top of the elevator shaft. The color of the building will be desert tones of browns, beige and tan. The On March 23, 2004, the Architectural Review Commission unanimously granted preliminary approval of the project. 3 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 III. ANALYSIS: A. Project Data: STANDARD ` O.P. DISTRICT PROJECT Building Height 25' 27' with a tower elements at 30' Front Setback 12' minimum, 15' average Varies between 10' and 22' Rear Setback (adjacent zone is R-3) , 10 Varies between 63' to 78'6" Interior Side Yards (adjacent to O.P./R-3) 0/8' 0/4' Parking: 4/1,000 general 50 45 Landscaping 15% 24% B. Setbacks 1. Main Building: The main footprint of the building is the leasable/useable office space. The main building complies with all the required property line setbacks of the zone. 2. Architectural Projections: Section 25.56.210 (attached) allows architectural projections to encroach 6' into the required front setback. In the O.P. zone the minimum front yard setback is 12'. The angular and curved architectural projections vary between 10' and 20' from the new front property line. The projections encroach up to 2' into the required front yard setback. The building's front architectural projections comply with the section 25.56.210. Architectural projections are allowed to encroach 2' into the required side yard setback. In the O.P. zone the adjacent zone determines the standards for the side yard setbacks. The east property is zoned R-3. The minimum setback for the main building is 8' and 6' for architectural projections. As proposed, the architectural projection encroaches 4' into the required setback. The projection does not comply with Section 25.56.210. 4 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 The building can comply with Section 25.56.210 by one (1) of two (2) ways: 1) Modifying the Architecture, or 2) Modifying the Site Plan 1) Modify Architecture: The base of the building is setback 8' from the east property line. As the architectural projection rises upward, the angle of the wall encroaches into the required setback 4'. The angle of the architectural projection can be redesigned so that the wall encroaches 2' to comply with Section 25.56.210. 2) Modify Site Plan: The planter on the west side of the property is 5' wide and the parking stalls are 18' long. There are no trees in the planter area in front the stalls. The planter may be reduced by 1', making it 4' wide. The City's design standards for parking stalls require them to be 16'6" long with a 2' overhang. The proposed stalls are 18' long with a 2' overhang. The stalls can be reduced 1'. Reducing the planter and the stalls by 1' each will allow the building to be moved 2' to the west. Moving the building will place the main building 10' from the east property line and the architectural projection 6'. Moving the building will not change the proposed design of the east wall. The applicant has agreed to move the building two (2) feet to the west. 3. Tensil Fabric Awnings: The two (2) awnings on the front of the building are 3' from the new front property line. Awnings on El Paseo and Highway 111 extend to, and in some cases over, the front property line. The awnings on this building are designed as a decorative feature. They are 3' from the new property line and 15' from the ultimate curb location. The awnings may be approved similar to other awnings in the City. 5 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 C. Height and Setback from Curb: 1. Main Building Height: The height of the main building is 27'. As proposed, the building does not comply with the 25' height limit of the zone. The 27' tall parapet is a result of the interior space design. The first and second floor office space is 9' tall and the two (2) floor/roof sections are 3' tall. The proposed building can comply with the 25' height limit by modifying the interior space by one (1) of three (3) ways: 1) Interior space 9' high with 2' high floor/roof sections, or 2) Interior space 8'6" high with 2'6" high floor/roof sections, or 3) Interior space 8' high with 3' high floor/roof sections. By reducing the interior space by 2' the building can comply with the 25' height limit. The three solutions identified above are not the only way to reduce the building height. The applicant may recommend an alternative solution. The applicant prefers that the building remain 27' high, but has agreed to lower the building to 25'. The building must be lowered to comply with the current height requirement in the office professional zone. There is no justification to approve a variance. The only way to approve this building at 27' is to amend the City's zoning ordinance height standards in the office professional zone. The architect Setback from Curb: The existing curb on the south side of Fred Waring Drive will be moved 6', to its ultimate curb location. The main building complies with the one (1) foot of setback for every foot of height. 2. Architectural Projections Height: The height of the architectural projections is 26'. As proposed, it does not comply with the 25' height limit. With the lowering of the main building height, the architectural projections will be reduced in proportion to the interior space. The height of the projections will be 24', which complies with the 25' height limit. 6 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 Setback from Curb: The setback from the ultimate curb varies between 24' and 32'6". At 26' high the architectural projections do not comply with the one (1) foot of setback for every foot of height. When the building is lowered to 24' high the projections will comply with the ultimate curb setback requirement. 3. Tower Elements: Tower elements above the standard height limit must be approved by City Council. Section 25.56.300 (attached) states that tower elements that do not exceed more than 10% of the ground area may be erected 25' above the height limit of the zone. The proposed towers are 30' high, 5' above the height limit of the zone. Reducing the main building height to 25' will lower the tower elements to 28'. The tower elements do not exceed more than 10% of the floor area and may be approved by City Council. Setback from Curb: The three (3) tower elements comply with the required setback from the ultimate curb. D. Parking: A 12,450 square foot general office building is required to have 50 parking spaces. The parking ordinance allows a 15% reduction for non -leasable space. With a 15% reduction, the project is required to have 42 parking spaces. The site plan design provides 45 parking spaces. The City's parking ordinance requires one (1) shade tree for every three (3) parking spaces. Shade structures may be constructed in lieu of shade trees. With 45 spaces, 15 are required to be covered. Thirteen (13) spaces are covered by decorative shade structures that are similar to the decorative tensil awnings. Two (2) spaces are covered by shade trees. E. Access: There will be one driveway that provides access to the project from Fred Waring Drive. The drive isle behind the building is longer than 150' long. The Riverside County Fire Department requires a second access for emergency vehicles. The applicant is proposing to install an emergency gate through the existing block wall on the east property line. There is a 24' wide driveway adjacent to the east wall. There are two (2) no parking 7 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 signs posted on the driveway for fire access to the apartment complex. The applicant will need to record an easement with the adjacent property owner to construct the emergency gate through the existing block wall. IV. CONCLUSION: • The building's superior architecture incorporates curves, angles, decorative roof elements, and decorative tensil fabric awnings to create a very unique and well -designed office project on Fred Waring Drive. • The main building height does not comply with the 25' height limit in the office professional zone. The interior of the building can be reduced by 2' to lower the main building parapet to comply with the 25' height limit of the zone. • The top of the front architectural projections does not comply with the 25' height limit and does not comply with the ultimate curb setback. When the main building is lowered 2', the front architectural projections will be lowered to 24' high. At 24' high, the front architectural projections will comply with the height limit and ultimate curb setback requirement. • The top of the east side architectural projection does not comply with Section 25.56.210. The building can be moved 2' to the west by reducing the width of the planter one (1) foot and length of the parking stalls one (1) foot, or the angle of the east side architectural projection can be changed to extend 2' not 4' into the required setback. • The tower elements will be lowered to 28' high. They do not exceed more than 10% of the gross floor area and may be approved by City Council. • There is no justification to approve a variance for the building as proposed. The City would need to amend the height limit and ultimate curb setback requirement in the office professional zone. • The precise plan of design complies with all other requirements of the zone. V. ENVIRONMENTAL REVIEW: The application is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary. 8 STAFF REPORT CASE NO. PP 03-22 MAY 18, 2004 VI. RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. recommending approval of PP 03-22 to the City Council, subject to conditions attached. VI. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Section 25.56. Attachment D. Vicinity Map E. Exhibits Prepared by: a Tony�Ba t 9 Assistant Planner Reviewed and Approved by: Philip Dre I Director of Community Development mer Croy ACM of Co nity Development 9 PLANNING COMMISSION RESOLUTION NO. 2270 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 12,450 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE. CASE NO. PP 03-22: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18' day of May, 2004, hold a duly noticed public hearing to consider the request by PATEL ARCHITECTURE 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 California Environmental Quality Act", Resolution No. 02-60, 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 Planning Commission did find the following facts and reasons to exist to justify recommending to City Council approval of said request: 1. The proposed location of the office building, as it is conditioned and modified, is in accord with the objectives of the City's zoning ordinance. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The proposed location of the office complex 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Precise Plan 03-22 is hereby recommended to City Council, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. 2270 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of May, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ■ �PHILIP DRELL;yISe— c e ary Palm Desert Planning Commission SABBYJONATHAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2270 CONDITIONS OF APPROVAL CASE NO. PP 03-22 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 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 future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Markings shall be a minimum four -inch wide double ("hairpin" style) stripe design to provide 18 inches measured from outside to outside. 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 3 PLANNING COMMISSION RESOLUTION NO. 2270 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 Tong -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. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 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. 10. The applicant shall submit a tenant improvement plan for review by the Community Development Director. 11. 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. 12. The main building height shall be lowered from 27' high to 25' high. Redesigning the interior office space in one (1) of three (3) ways may do this: • Interior space 9' high with 2' high floor/roof sections, or • Interior space 8'6" high with 2'6" high floor/roof sections, or • Interior space 8' high with 3' high floor/roof sections. The three solutions identified above may not be the only way to reduce the building height. The applicant may recommend an alternative solution that lowers the building to 25' high. 13. The front architectural element of the building shall be reduced from 26' high to 24' to comply with the height and required setback from the ultimate curb location. When the main building is lowered to 25', the front projections will be lowered in 2' as well. 14. The top of the east side architectural projection does not comply with Section 25.56.210. The building shall be moved 2' to the west by reducing the width of the planter one (1) foot and length of the parking stalls one (1) foot, or the angle of the east side architectural projection shall be changed to extend 2' not 4' into the required setback. 4 PLANNING COMMISSION RESOLUTION NO. 2270 15. The three tower elements shall be 28' high and must be approved by the City Council. 16. The applicant shall record an easement with the adjacent property to the east for emergency access. Such access shall be reviewed and approved by the Fire Marshal. 17. Applicant shall underground overhead utility lines if the City initiates an undergrounding project in the vicinity prior to issuance of building permits. Department of Public Works: 1. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed an approved by the Department of Public Works prior to start of construction. The study shall address historical drainage patterns as they relate to adjacent properties. 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. 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. 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 to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 5 PLANNING COMMISSION RESOLUTION NO. 2270 8. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and the property owner shall provide maintenance. 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. 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 for review 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. 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 consisting of the following: • Dedication of an additional 4' of right -of -away to a total of 44' from survey centerline, for the future widening of Fred Waring Drive. Right-of-way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to issuance of any permits associated with this project. 13. This project shall be limited to one (1) drive way. Driveway and parking Tots shall be inspected by the Department of Public Works and a standard inspection fee paid prior to the issuance of a grading permit. Driveway shall be 24' wide, with a 15' radius on the entry corners. 14. Prior to issuance of any permits associated with this project, the applicant shall execute and record an offer for reciprocal access easement between the subject property and the properties to the east and west following the proposed east/west aisle in the rear of the property. This shall be shown on the site plan. An easement for emergency access purposes shall be recorded with the property to the east prior to any issuance in a manner acceptable to the Fire Marshal and City Engineer. 6 PLANNING COMMISSION RESOLUTION NO. 2270 15. Landscape easement shall be obtained for the notched land area adjacent to the turn -around area of the parking lot from the property to the south prior to issuance of any permits. Riverside County Fire Department: 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 Codes, appropriate NFPA Standards, CFC, CBC, 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 UFC Article 87. 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. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2- 1 /2"x2-112"), located not Tess than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 5. Install a complete NFPA 13R fire sprinkler system. This applies to all buildings with a 3,000 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. 6. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored as required by the UBC Chapter 9. 7. Install a fire alarm system as required by the UBC Chapter 3. 8. Install portable fire extinguishers per NFPA, 10, but not less than 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 PLANNING COMMISSION RESOLUTION NO. 2270 9. 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 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. 10. Whenever access into private property into a private property is controlled through the 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". 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 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 twelve months. // 8 I:IJY Of PIA 9[Sfni 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 rEL: 76o 346-061 t FAX: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 03-22 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by PATEL ARCHITECTURE for approval of a precise plan of design for a two-story, 12,450 square foot office building located on Fred Waring Drive, approximately 368 feet east of San Pablo Drive. The property totals 3 parcels, APNs 627-101- 005, 627-101-006, and 627-101-036. SAID public hearing will be held on Tuesday, May 18, 2004 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between -the hoursof-8:00 a m-and-5:00-p.m-Monday through FridayAf-you challenge - the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun May 7, 2004 PHIL DRELL, Secretary Palm Desert Planning Cori., mission T r I I [; 7 3-510 Flat) " GRIN ; DRI\'r. P.AL\, DESERT, CALIFORNI.A 92260- 578 TEL: 760 346-0611 FAN: 760 341-7098 into(+pa'.m-dcscrt.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: May 20, 2004 Patel Architecture 71-71 1 San Jacinto Drive Rancho Mirage, California 92270 Re: PP 03-22 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of May 18, 2004: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. PP 03-22 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2270, SUBJECT TO CONDITIONS AS AMENDED. MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Philip brell, Sec tart' „.'��� Palm Desert Planhin9 Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal n.YL•G C, 11('( DrrU MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 Commissioner Campbell stated that she would vote very reluctantly infavor of it, but when the high density standards come in front of her, she would look at them very closely. But she thought the rest of the project was very good, so she would vote in favor. Chairperson Jonathan called for the vote. Motion carried 4-1 with Commissioner Finerty voting no. It was moved by Commissioner Lopez, seconded by , adopting Planning Commission Resolution No. 2269, recommending to City Council approval of C/Z 03-13 and DA 04-04. Motion carried 4-1 with Commissioner Finerty voting no. C. Case No. PP 03-22 - PATEL ARCHITECTURE, Applicant Request for approval of a precise plan of design to allow the construction of a 12,450 square foot office building located on the south side of Fred Waring Drive, approximately 368 feet east of San Pablo Avenue. Mr. Bagato said there would be a presentation first. It was a very interesting building that was hard to describe on paper. There would be a brief overview with the video presentation. Mr. Patel came forward with his presentation. Chairperson Jonathan commented that it was terrific and set the standard. Mr. Bagato described the location of the proposed project and outlined the salient points of the staff report. Chairperson Jonathan indicated that Mr. Bagato mentioned the height was 27 feet, but the report indicated that had been brought down to 25. Mr. Bagato said yes, as proposed. As designed, the building didn't comply with the height standard of the zone with 27 feet to the main parapet. The applicant preferred it at 27 feet, but agreed to lower it to 25 because going through the time on this project, there are no recommendations for a variance. Basically they would need to change the zoning ordinance to allow this building at 27 feet, so with the building coming down, all the other elements would drop down two feet as well. Those front architectural projections that are currently at 26 will go down to 24 which will make it in compliance with the 1:1 from the curb. The tower elements would be down to 28 feet and based on those tower elements not exceeding 10% of the roof area and maybe approved subject to City Council's go ahead. 34 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 With the conditions and the changes, staff recommended approval. Commissioner Finerty noted that they were talking about the building height originally proposed at 27, but the applicant agreed to come down to 25. On page 7 of the staff report under setback to curb it says when the building is lowered to 24 feet high, the projections would comply with the ultimate curb and setback. She asked if the building would be 24 or 25 feet high. Mr. Drell said the parapet would be 25 and the angled projection would be 24. Mr. Bagato said right now it doesn't meet the 1:1 at 26, but when the main parapet goes to 25, it would go to 24. Commissioner Tschopp asked if there were other examples of emergency driveways going through a multi -family development successfully. Mr. Drell said they have that at Las Serenas. Commissioner Finerty indicated the Tucson project, it wasn't multi, but one acre lots. Mr. Drell agreed. At Las Serenas they have an emergency driveway going from Las Serenas going into now City apartments. Basically it will only be utilized if there is a fire and the fire truck doesn't want to have to back out, it will allow the fire truck to exit the property going forward. Chairperson Jonathan indicated that the structure is moving two feet to the west, but it was also moving two feet to the south to accommodate the City's requirement resulting from the widening from Fred Waring. He asked if that was correct. Mr. Bagato said that as shown, the building had already been moved. It was already addressed. Chairperson Jonathan noted that Condition No. 16 requires an easement with the property to the east, reciprocal access for future shared parking lot access. He asked if that was correct. Mr. Bagato said that easement had to do with the fire access with the neighbor, that multi -family project. Mr. Drell indicated it didn't say reciprocal access. There is no reason for the apartment project to have access. It's just emergency access. Chairperson Jonathan thought the City embraced a policy for the Palma Village Plan of creating reciprocal access easements between adjoining properties. Mr. Bagato said that was correct, but this project was not in that area and the property next door is zoned R-3 in the land use in the new general plan and has it remaining possibly R-3 and never becoming office. Chairperson Jonathan said that was the property to the east. He asked about the property to the west. Mr. Bagato said that Public Works did require access to the west under Public Works Condition 14. It says that the applicant shall execute and record and offer a reciprocal access easement between the subject property to the east and to the west. Community Development Condition 16 was only for the 35 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 emergency access to the east. So Public Works is requiring reciprocal access to both sides. Mr. Joy clarified that it was just an offer for a reciprocal access in case at some future date those apartments are torn down and someone wants to build offices there. They would have the tool for an access to go through. Chairperson Jonathan said that was his point. If at some point the property to the east, as well as to the west, is developed into an office with an adjoining parking lot and so forth, the City would have a mechanism to go in and have them tear down that part of the wall and the design facilitates that. Mr. Bagato said that was correct. Mr. Joy stated that he would also like to place another condition to add that a parcel map waiver is required to consolidate Tots. Chairperson Jonathan asked if that would come back as a Consent Calendar item at some later time. Mr. Drell said yes; otherwise, they couldn't get a building permit. Chairperson Jonathan indicated that the parking barely allowed office use. Mr. Bagato concurred, general office. Chairperson Jonathan said he would also address this with the applicant, but as far as staff was aware, the applicant understands that there will be zero medical. Mr. Bagato said that was correct. He talked with the applicant and architect about that in the very beginning that this was general office only and they understood. Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MR. NARENDRA PATEL, 15 Jet Terrace in Rancho Mirage, thanked the commission for the opportunity to address them. He said this building would probably be one of the first ones with a design based on the principles of clean architecture that means all the angles and the openings and all the projections are specifically designed not just for decoration purposes, but designed with a solar study in mind and it will have much stronger sun control. That is just one of the features. In general it is designed to be environmentally sensitive as well as have an interior environment that will be healthier. It is done using various different devices. The architectural committee approved it the way it was presented. All the conditions that they discussed over the last few months with the staff in great detail and came up with all the adjustments, moving the building further away from the road because of the expansion of Fred Waring Drive and so forth. The only thing he would prefer is that the building be approved as presented and only because if he lowered it 36 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 two feet it wasn't going to make much significant difference, but it would compromise the aesthetics and proportions of the building the way it is. Moving to the west side was not a problem and already agreed to, but this is one thing he would request to reconsider. Mr. Drell clarified that the request is to keep the 27-foot high parapet. Chairperson Jonathan noted that the staff report indicated that there were at least three ways to accommodate the 25-foot height limit. He asked if none of those options were feasible. Mr. Patel stated that as a last resort, yes, it would be feasible, but preferably no, because it would compromise other things. Chairperson Jonathan asked if there were questions for the applicant. There were none. Chairperson Jonathan asked if there was anyone present who wished to speak in FAVOR or OPPOSITION. MR. CHRIS EVANKO, 73-578 Santa Rosa, addressed the commission. He said his property is to the south. He didn't know if he needed to bring it up, but back in 1999 that lot was graded off and blocked the drainage from his lot. His lot pitches toward the back, the natural drainage. He got flooded out pretty bad when they had a monsoon rain, so he didn't know when they build the structure, but he just wanted to make sure the water could flow out again. He also wondered if the utility lines would be coming down during the course of this project. Chairperson Jonathan said those were two good questions and asked Mr. Drell for a response. Relative to the drainage, Mr. Drell thought they could put a note in the Public Works condition that some how the drainage impacts on adjacent properties will be considered in the approval of their grading plan. When the lot was cleared, if they inadvertently redirected water, that was something they should address. Relative to the overhead utility lines, he didn't believe they were proposed to be underground. Where they have a line which serves other existing properties overhead, they can't underground them without under grounding the other properties as well and they can't require a developer to underground lines on other people's property. It is something the City could look at in terms of working with those other properties that are served by that line, but those other properties would incur those costs since the developer wouldn't be responsible. He assumed that Mr. Evanko's property was served with an overhead line from that pole. 37 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 Mr. Evanko said they used to have all that in the front, but it was taken out by the City a few years ago and it was really nice, but it was still in the back. Mr. Drell said that to the west are apartments and beyond that is City -owned property. He assumed there wasn't an undergrounding condition because of the existing overhead service. Chairperson Jonathan explained that in some cases Edison can accommodate those needs. What they do is pull the lines that service the residence to the next available pole that remains above ground. Mr. Drell said that it is so close to the end he thought they would have to underground all the poles. It became kind of a domino issue when they started undergrounding poles. Chairperson Jonathan said they would not have to most likely if the wires were just moved over if Edison could accommodate that. Mr. Drell said that if there were just a few poles, they have to guide those poles with angled cables that are almost as intrusive as the lines themselves. What they could do is look at the feasibility and he thought if it was feasible the developer would want to underground those poles. He doesn't want to be looking out the back of his project at power poles with such a beautiful project. But again, there are all sorts of factors beyond the developer's control. If they wrote a condition, the City can address all the offsite issues involving undergrounding, the developer shall underground his. Chairperson Jonathan thought that was good. As an answer to Mr. Evanko, the property would not drain onto his property and it was possible that the overhead lines will be under grounded, but they wouldn't know that until there was discussion with Edison and other factors, so that was an unknown at this point and was not an absolute condition on the application. Mr. Drell said they could add a kind of condition that says if the City can address the offsite undergrounding issues, then he will underground his poles. Mr. Evanko said it would be nice to lose the wires at this time if they are going to do all that. He asked for and received confirmation that there was going to be a six-foot block wall in the back. He said that was all he needed to know. Chairperson Jonathan asked if there was anyone else wishing to address the commission. There was no one and the public hearing was closed. Chairperson Jonathan asked for commission comments. Commissioner Campbell thought it was a beautiful building that would complement Fred Waring and she would be willing to leave the height of the 38 MINUTES PALM DESERT PLANNING CQM.MLSSLON MAY 18, 2004 main building at 27 feet. She didn't see the reason why a project like this with the way it was going to flow would need to be lowered two feet just because of code. As discussed before, they could make changes. Mr. Drell noted that the Council could make a change. Commissioner Campbell said she would move for approval. Chairperson Jonathan clarified that the motion was to approve it, but deleting staff's conditions of approval that relate to lowering it to 25 feet. Commissioner Campbell concurred. Chairperson Jonathan asked for other opinions or comments. Commissioner Tschopp thought it was a very interesting, modernistic building architecture. He would be in favor of the project, but he wasn't in favor of granting the height exception. The 27-foot tall parapet was a result of the interior space design, not caused by the exterior design. The exterior design could remain and look the same if the interior was diminished. He thought that once again, in this zone if they allow 27 feet, they've made it that way throughout the whole Fred Waring corridor and down the streets. Mr. Drell recalled that they proposed to Council that they grant an exceptions section and create criteria for exceptions for height and for whatever reason, Council approved the Vuksic building and denied the ordinance amendment that actually created a formal method to granting height exceptions. The position is that they should have some sort of code or should create some sort of standard way that applies to everybody and tells people what they could have and what they can't. Staff was uncomfortable with this sort of exception because it wasn't, although Mr. Patel was now making the case that it is the exterior architectural proportions that demand the balance, that argument is stronger since it is unique to this building. The other justifications heard previously had to do with the interior space, which was not unique to this building. The interior space arguments are virtually every office building. It has that same challenge. Chairperson Jonathan asked if Commissioner Tschopp had any other issues with the project. Commissioner Tschopp said no, he was in favor of the application given staff's recommendation, meaning the 25-foot height limitation. Commissioner Lopez thought it was a marvelous building. He said it would be a very interesting addition to Fred Waring. It is beautiful and if it floats like it did in the video, it would be a marvelous structure. If they didn't incorporation Condition 12, it would also effect some other conditions. He tended to agree that it is interior space and the three solutions involve interior space. He didn't think they would effect the exterior beauty of the building. He understood that the applicant would love to keep it and help the interior space 39 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 2004 and use of it, but he agreed with keeping Condition 12. He thought it was a marvelous project. He congratulated Mr. Patel on his creativity. Commissioner Finerty concurred with the 25-foot height limit and keeping Condition 12. Chairperson Jonathan also concurred. He complimented the architect. He thought it was very creative and it was beautiful. The reason he was in favor of retaining the 25-foot height was one, he was sensitive to the height limit in general, but particularly on the Fred Waring corridor because the City has worked very hard and has been successful in maintaining a nice view corridor and he didn't see a need to grant an exception here. The second reason is that staff has proposed at least three possibilities that he thought were effective solutions and there are probably others. He thought 25 feet was doable and concurred. Commissioner Campbell said she would amend her motion to leave in Condition 12. Chairperson Jonathan said they were also going to add some language. Mr. Drell said the additional language would address the undergrounding and address drainage problems as they relate to the property owner to the rear. Chairperson Jonathan said the undergrounding gives the City the ability to require it if it deems it feasible. Mr. Drell said the City should address the associated offsite undergrounding costs that might be triggered. Chairperson Jonathan said that the drainage language was simply to insure that the property does not drain onto adjacent residential properties. Mr. Drell said that if historically water drained from one property to another, he believed they had to respect that. Chairperson Jonathan asked if Commissioner Campbell would incorporate those conditions into her motion. She said yes. Commissioner Finerty seconded the motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2270, recommending to City Council approval of PP 03-22, subject to conditions as amended. Motion carried 5-0. D. Case No. PP/CUP 04-09 - MILO MALOTTE, Applicant 40 INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Tony Bagato FROM: Mark Greenwood, City Engineer SUBJECT: PP 3-22 Patel -Oracle Plaza DATE: May 13, 2004 The following should be considered conditions of approval for the above -referenced project: (1) 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. (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. (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 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 frontage as well as on -site shall be drought tolerant in nature and maintenance shall be provided 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. (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 for review 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. (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 consisting of the following; Dedication of an additional 4' of right-of-way to a total of 44' from survey centerline, for the future widening of Fred Waring Drive. 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. (13) This project shall be limited to one driveway. Driveway 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. Driveway shall be 24' minimum width, with a 15' radius. (14) Prior to issuance of any permits associated with this project, the applicant shall execute and record an offer for reciprocal access easement between the subject property and the properties to the east and west following the proposed east/west aisle in the rear of the property . This shall be shown on the site plan. An easement for emergency purposes shall be recorded with the property to the east prior to any permit issuance in a manner acceptable to the fire marshal and city engineer. (15) Landscape easement shall be obtained for the notched land area adjacent to the turn -around area of the parking lot from the property to the south prior to issuance of any permits. Mark Greenwood, P.E. G:\PubWorks\Conditions of Approval\PPLANS\PP 3-22 Patel-Orade Plaza -Fred Waring.revisedpd.wpd /1N UP•0101M1 Tom Tisdale Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Banning Beaumont Calimesa o-, Canyon Lake Coachella Desert Hot Springs Indian Wens ..1 Indio Lake Elsinore La Quinla Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster District 1 John Tavaglione District 2 Iim Venatie District 3 toy Wilson District 4 om Mullen District 5 RIVERSIDE CITY __-_-- -FARE DEPARTMENT In cooperation with the (:;11iI rni;l L)rharltnenl t,I' Forestry and Fire 1'r�,lctti,nl 210 West San Jacinto Avenue • Perris. California 92570 • (909) 910-6900 • FAX (909) 940-6910 Ctwc Fire Marshal's Office 73710Frcd Waring Drive 11222 Palm Desert CA 92260 (760) 346-1870 TO: `'4 6, it 4 DATE: / A REF: If circled, conditions apply to project 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, CFC, and CBC 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. 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. Provide or show there exists a water system capable of providing :t gpm flow of: 3. 1500 gpm for single family dwellings 4 2500 gpm for multifamily dwellings 3000 gpm for commercial buildings The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x 2 V:" x 2'A", located not less than 25' nor more than: 6. 200' from any portion of a single family dwelling measured via vehicular travelway 7. 165' from any portion of a multifamily dwelling measured via vehicular travelway 150' from any portion of a commercial building measured via vehicular travelway ---Water Maim MirsTbe approved by the Fire Marshal and include 10. verification that the water system will produce the required fire flow. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. Install a complete Nri'A 13 lire sprinkler system. 'Fliiti :rl►lrlic \ In :III buildings with a 3000 square foot total cumulative floor area. The !Fire Marshal shell 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. Exem ted are one and two family dwellings. All valves controlling the water supply for automatic sprit' liter systems and Water -flow switches shall be monitored :rnci :tl:trnrccl per UBC Chapter 9. Install a fire alarm system as required by the UltC Chapter install portable fire extinguishers per NI" I'A 10, but miff less t Iran one 2AIOBC extinguisher per3000 square feet and not over 75' distance. A "K" type fire extinguisher is required in :III commercial kitchens. 15. install a Ilood/Duct automatic fire extingnishint; system per .NU I',\ ')6 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per UFC Chapter 76 il' condnet inu. an operation that produces airborne particles. All building shall be accessible by an all-weather roadway c•\Irncling to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed widtl► awl 13' 6" of vertical clearance. Where parallel parking is required ran both sides of the street the roadway must be 36' wide and 2' 's lilt• with parking on one side. Dead-end roads in excess of 150' NIra11 Ire provided with a minimum 45' radius turn -around 55' in i►rdrrstri;i1 developments. Whenever access into private property is controlled tltrorrOr lisp of gates, barriers or other means provisions shall he made to install :r "Knox Box" key over -ride system to allow for emergency which. access. Minimum gate width shall be 16" with a minimum Vertir:r clearance of 13'6". 19. A dead end single access over 500' will require a second, r\ aCI r•',\. sprinktm-or-otlrermitigattve-mcasur-e *pprn.ved-11vtllci iir Marshal. Under no circumstance shall a dead end over 1 3tln' I, accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adioining development. 21. '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. All buildings shall have illuminated addresses of a size approved by the city. All fire sprinkler systems, fixed fire suppression systems and alarm' plans must be submitted separately to the Fire Marshal for approval rior to construction. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. All questions regarding the meaning of these conditions should he referred to the Fire Marshal's Office at (760) 346-1870 in Palm Desert. Location: 73710 Fred Waring Drive #222, Palm Desert CA 92260 Other: ?,12 gr,d David A. Avila Fire Marshal INTEROFFICE MEMORADUM City of Palm Desert TO: TONY BAGATO, ASSISTANT PLANNER FROM: FRANKIE RIDDLE, MANAGEMENT ANALYST SUBJECT: PP 03-22: PATEL ARCHTECTURE DATE: JANUARY 7, 2004 The Precise Plan has been reviewed to determine the need for a bus shelter/stop at the project location. This project is not located within or on an approved SunLine Transit Bus Route; therefore, a bus shelter/stop will not be conditioned as part of this project. Trash Enclosures: The revised plans reflect a modified and relocated trash enclosure, which appear to be acceptable. However, Waste Management of the Desert's must review and approve the plans prior to final approval by the City, as it is their vehicles that will be servicing the complex and who determine trash capacity for the complex. To determine the location, circulation needs of disposal (waste) trucks, and number of enclosures contact Jennifer at Waste Management of the Desert at (760) 340-6445. FRANKIE`RIDDLE MANAGEMENT ANALYST PALM DESERT POLICE D_E_ P_A Ri MENT Served by the Riverside County Sheriff's Department Bob Doyle, Sheriff -Coroner 73520 Fred Waring Drive Palm Desert, CA 92260 (760) 836-1600 Fax (760) 836-1616 January 02, 2004 City of Palm Desert Planning Department 73510 Fred Waring Dr. Palm Desert, CA 92260 ATTN: Tony Bagato, Planning Technician RE: PP 03-22 Dear Mr. Bagato, Thank you for the opportunity to comment on the proposed design to construct a 14,102 square foot office complex in Palm Desert Ca. The subject property is located on Fred Waring Drive, east of San Pablo Avenue. The property is also known as APN-627-101-036, 627-101-005, and 627-101-006. Pre -Construction & Construction Phases: 1. Current Planned Design: Complete plans were submitted for the design of the building, however many standard areas of concern to public safety and law enforcement still apply: A. For Individual Office Employee Work Areas: The interior doors should be secured with a heavy-duty type lock to provide an additional deterrent to forced entry, as well as, the exterior locking mechanism. I recommend a security alarm system be required for all offices in the buildings, with the tenants to provide the servicing alarm vendor with a point of contact, and/or responder in the event of alarm activation. During normal operational hours, the management of each individual office/business should institute some manner of control of access to employee work areas. The use of additional security measures, such as CCTV - closed circuit TV, may prevent the future loss of business equipment and/or merchandise. B. Exterior Lighting Plan: (Refer to Post -Construction Comments) C. Roof Access: The individual buildings should not have exterior ladders, equipment, or Landscaping (i.e. trees) that would allow access to the roofs by unauthorized persons. Additionally, all roof top vents should be reinforced to prevent forced access. D. Landscaping: The landscape design should be based on the use of planted items that will not overgrow areas of the business and/or property. For example, trees or shrubs should not be planted directly adjacent to structures or the building, nor should they be planted in a manner that will obstruct observation, looking into or out of the buildings. Page 2 2. Construction Site: Prior to construction on any structure, a material storage area should be established and enclosed by a six (6) foot chain link fence to minimize theft of materials and/or equipment. It is recommended that a list of serial and/or license numbers of_equipment stored at the location be maintained both, at the site and at any off -site main office. The public and non -essential employees should be restricted in access to. the construction areas. Current emergency contact information for the project should be kept on file with the Palm Desert Police Department. The developer and/or builder's name, address and phone number should be conspicuously posted at the construction site. Visibility into the construction site should not be intentionally hampered. Areas actually under construction should be lit during hours of darkness. All entrances and exits should be clearly marked. The construction site should have a clearly designated point of contact, such as a construction trailer or office. Post the emergency and non -emergency phone numbers for all emergency service agencies near any local site phone. The address for the facility should be posted near the above phones at the site. Any phones at the site that is blocked for outgoing calls should not be blocked from dialing 9-1-1. Designate and establish specific parking areas for construction site workers and employees. The parking areas and commercial areas on the premises should be accessible to emergency vehicles at all times with paved pathways of sufficient width to accommodate such vehicles. Post Construction & Project Completion: 1. Lighting: The current proposal does not include an exterior lighting plan for the premises. All exterior lighting standards and fixtures should be resistant to vandalism and tampering. The standards should be of a height to reduce any tampering or damage. It is recommend that metal halide type lighting be used for the reasons of color rendition and increased visibility. 2. Graffiti Issues: Prior to occupancy, the surface of walls, fences, buildings, logo monuments, etc. should be graffiti resistant either through surface composition, applied paint type and/or planned shielding by landscaping or plants. 3. Business Numbering or Monument: The property addresses should be prominently displayed to be visible from Village Ct. The numbers on the building should be a minimum of 6" high block style numbers, 1" in width, and of contrasting color from the building facade. This will assist in emergency responses by the fire department or the Palm Desert Police Department. Should the Planning Department Manager, developer, or construction staff have any questions regarding the above law enforcement and public safety concerns, they may contact Deputy James Costello at (760) 836-1622, between the hours of 8:00 AM and 5:00 PM, Monday through Friday. Sincerely, eputy James Costello, ID # 2249 Community Policing Officer Palm Desert Police Department ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS: JOHN W. McFADDEN, PRESIDENT PETER NELSON, VICE PRESIDENT TELLIS CODEKAS RUSSELL KITAHARA PATRICIA A. LARSON December 19, 2003 Department of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Gentlemen: Subject: Precise Plan No. 03-22 OFFICERS: STEVEN B. ROBBINS, GENERAL MANAGER -CHIEF ENGINEER MARK BEUHLER, ASST. GENERAL MANAGER JULIA FERNANDEZ, SECRETARY DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS V .: 0163.1 0421.1 2003 0721.1 DEPART«,.. TT" 0' pit ?. DESERT This area is protected from regional stormwater flows by a system of channels and dikes, and may be considered safe from regional stormwater flows except in rare instances. This area is designated Zone B on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. Since the stormwater issues of this development are local drainage, the District does not need to review drainage design further. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District Nos. 54 and 80 of the District for sanitation service. The District requires restaurants to install a grease interceptor, including a sample box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation facilities. The size -of -the grease interceptor will be determined -by -the -Riverside County -Environmental Health Department and approved by the District. Installation of the interceptor will be inspected by the District. TRUE CONSERVATION USE WATER WISELY Department of Community Development City of Palm Desert -2- December 19, 2003 The District requires detail, repair and lube auto shops and car washes to install an oil and sand separator, including a sample box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation facilities. The size of the oil and sand separator will be determined by the Riverside County Environmental Health Department and approved by the District. Installation of the oil and sand separator will be inspected by the District. The District requires laundromats and commercial establishments with laundry facilities to install a lint trap. The size of the lint trap will be determined by the Riverside County Environmental Health Department and approved by the District. Installation of the lint trap will be inspected by the District. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. If you have any questions please call Dan Charlton, Stormwater Engineer, extension 2316. Yours very truly, Dan Farris Director of Engineering cc: Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 DC: jl\eng\sw\dec\pp-03-22 050620-1 COACHELLA VALLEY WATER DISTRICT CITY OF PALM DESERT ART IN PUBLIC PLACES INTEROFFICE MEMORANDUM To: Tony Bagato From: Deborah Schwartz Date: 12/04/03 Subject: APNs 627-101-036, 627-101-005, and 627-101-006 The Art In Public Places Department recommends that the public art fee for the office complex located on Fred Waring Drive, east of San Pablo Avenue be used for an onsite public art project. We estimate that the AIPP fee for the complex is approximately $4,800. CD 1 n) CD X d9 O) CJ1 c v 1 CD ,1 O EA rn 01 v cn Cfl W EA CO O O) W O f9 CO CA CA Eft C1O CO W 41. O N IX I0 d9 CO CO ti -a O 1 O CD 0 0 O to b9 COi O V 4_. Eft (O CA ol4ed ueS pue 6uueM pai- 2556.200 25.56.200 Traffic sight obstructions. On a corner lot, no fence, wall, hedge, structure or other obstruction, except the natural grade of a site, within a triangular area formed by the existing or future curblines and a line connecting points on the existing or future curblines a minimum of forty feet from the intersection of the projection of the curblines, shall exceed a height of three feet above established grade at the edge of the street pavement or the existing pavement or traveled way. (Ord. 524 § 2 (Exhibit A), 1987Ord. 9-8 §I (part), 1975: Exhibit A § 25.32-7.06) fT5.5610 Projections into yards. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than six feet into a required front yard, rear yard, or side yard on the street side of a comer lot, and not more than two feet into any other required yard; provided, that the distance between an architectural projec- tion and a side or rear property line shall not be less than three feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(1)) 25.56.220 Oriel or bay windows. Oriel or bay windows may project not more than three feet into a required front yard, rear yard, or side yard on the street side of a corner lot; provided, that the aggregate width of oriel or bay windows shall not exceed fifty percent of the length of the wall in which they are located and the width of any individual oriel or bay window shall not exceed ten feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(2)) 25.56.230 Porches and steps. Unroofed porches, steps, and terraces may project not more than six feet into a required front yard or side yard on the street side of a corner lot, or to a point not closer than three feet to an interior side or rear property line; provided, that the height including railings shall not exceed six feet above the grade of the ground at the property line. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(3)) 25.56.240 Balconies over six feet above ground. Balconies, decks, terraces, and other similar unroofed structures at a height including railing more than six feet above the level at which a yard must be provided may project not more than six feet into a required front yard structures shall be cantilevered or supported only by neces- sary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(4)) 25.56.250 Open stairways. Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard not more than four feet; provided, that no yard shall be reduced to less than three feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(5)) 2556.260 Covered patios. Covered patios attached to a main structure may project not more than eight feet into a required rear yard and five feet into a required side yard within thirty-five feet of the rear lot line; provided. that the required side yard shall not be reduced to less than five feet and the covered patios shall not cover more than fifty percent of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(6)) —a-Year yard and five feet unto any other required y provided, that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such (Palm Desert 8-01) 420 25.56.270 Underground structures. Underground structures (pools) may project without limit into any required yards; provided, that they shall not have a height of more than two and a half feet and are not closer than five feet to any property line. (Ord. 98 § 1(past), 1975: Exhibit A § 25.32-7.07(7)) 2556.280 Detached accessory buildings. Accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: A. Detached accessory buildings shall not be erected in any required yard except a rear yard Accessory buildings not located in any required yard shall not be subject to this section. B. On Lots having twelve thousand square feet of lot area or more detached accessory buildings may be located in a required rear yard upon approval of a conditional use permit by planning commission and approval by architectur- al review commission. Said detached accessory building shall not exceed one story or fourteen feet in height and may not occupy more than twenty-five percent of the required rear yard and shall be set back from the property lines a distance equal to its height. On lot having forty thousand square feetoflotarea_ or more, the maximum height shall be one story and eighteen feet provided the structure is set back from proper- ty line a distance equal to its height. In reviewing said conditional use permit the planning commission or city council shall use the criteria enumerated in Section 25.73.013, Approval or rejection considerations, in making its decision. C. On lots having less than twelve thousand square feet of lot area detached accessory buildings used for storage purposes and having one hundred square feet or less of floor area with a maximum height of eight feet shall be permitted with a minimum setback of eight feet from any property line upon approval by architectural review com- mission. Open, nonhabitable, gazebo -hie structures with a maxi- mum height of ten feet shall be permitted with a minimum setback of one foot of setback for each foot of building height upon approval of architectural review commission. Habitable structures, garages, work shops, large storage buildings and the like shall not be permitted in the required rear yard. D. No accessory building shall be approved if the total building coverage allowed by the zone is exceeded. (Ord. 970 § 2 (Exhibit A), 2000: Ord. 948 § 2, 2000: Ord. 128 § 7 (part), 1976: Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.e7(8)) 2536.290 Projections over public property in commercial zones. Building projections into public rights -of --way in commer- cial zones shall be regulated by the currently adopted Uniform Building Code. (Ord. 98 § 1 (part), 1975: Exhibit A § 2532-7.08) 2556.300 The height of a structure. A. It shall be measured vertically from the average elevation of the finished grade to the highest point of the stiucture directly above; provided, that a roof shall be measured to the highest point of the roof. The height of a fence or a wall used as a fence shall be measured from the higher funished grade adjoining the fence or wall. B. Towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas except home satellite receivers, com- mercial transmission towers, fire towers and similar struc- tures and necessary mechanical appurtenances covering not more than ten percent of the ground area covered by the structure may be erected to a height of not more than sixty-five feet or not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less. Utility poles and towers shall not be subject to the height limits ed scribin any district regulations. "- C. The height limit contained in the zoning district regulations of this Code and in this Section do not apply 25.56.280 to ground mounted commercial communication towers or building mounted commercial communication antennas. Height ofsaid ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25.104.040(G). (Ord. 817 § 10, 1996; Ord. 338 (part), 1983: Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.09) 25.56.301 Home satellite receivers. A satellite receiving dish of five feet or more in diameter must conform to the following standards depending on location. A. Planned Residential Developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. B. Other Residential Areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five feet of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed fourteen feet if within twenty feet of a property line or eighteen feet otherwise. C. Commercial and Industrial Areas. Architectural commission approval for design and screening is required if receiver is visible from a public street or adjacent proper- ty. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening. (Ord. 338 (part), 1983) 2556.302 Sale of alcoholic beverages in commercial zones. In all commercial zones a conditional use permit must be obtained for convenience stores, liquor stores and establishments with on -site consumption of alcoholic beverages. A convenience store is defined as a "grocery store used for the retail sale of food, food products, dairy products and alcoholic beverages for consumption off the prem" ises (Ord. 468 Exhibit A, 1986) 2556310 Screening and landscaping. A. Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence, vine -covered fence, or compact evergreen hedge. Hedge material used as screening shall not be less than three feet in height when planted and shall not be permitted to exceed the specified height by more than one and one-half feet. pre Where buffers or trees are requirerLthey_shaI haveatnature—" Tieig t o notless than twenty feet Wait All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered, 421 (PaDm Desert 8-01)