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HomeMy WebLinkAboutOrd 1089 and Res 05-7 Case Nos C/Z 04-05 and PP 04-31REQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Approval of a change of zone from R-1 to Office Professional (O.P.) and a precise plan of design to allow the construction of a 1,826 square foot general office building, located at 44-447 Portola Avenue. SUBMITTED BY: Tony Bagato, Assistant Planner APPLICANT: Bob and Marilyn Ford Franco Laulainen, Architect 44-447 Portola Avenue 73-375 El Paseo, Suite U4 Palm Desert, CA 92260 Palm Desert, CA 92260 CASE NOS: C/Z 04-05 AND PP 04-31 DATE: January 13, 2005 CONTENTS: Recommendation Executive Summary Discussion Draft Resolution Draft Ordinance Exhibit "A" Change of Zone Legal notice Planning Commission Staff Report Planning Commission Resolution Planning Commission Minutes Comments from other agencies Vicinity Map Exhibits Recommendation: That the City Council adopt Ordinance No. n89 , approving C/Z 04-05 and adopt Resolution No. 05-7 , approving PP 04-31, subject to conditions attached. Executive Summary: The property is located on the west side of Portola Avenue, approximately 140' south of Catalina Way. The applicant is requesting approval of change of zone from R-1 to Office Professional and a precise plan of design to construct a 1,826 square foot general office building with seven parking spaces (7). The Spanish Mission design incorporates creme color stucco and red Spanish clay roof tiles. The residentially scaled building is one-story, 15' high with an 18' tower element. Staff Report Ford, C/Z 04-05 and PP 04-31 Page 2 January 13, 2005 The proposed change of zone, site plan and building design provides a residential scale general office building that meets the goals of the General Plan and Zoning Ordinance Amendment for Portola Avenue. The Architectural Review Commission and the Planning Commission have unanimously endorsed the project. Discussion: I. BACKGROUND: A. Property Description: The property, located on the west side of Portola Avenue, approximately 140' south of Catalina Way (see vicinity map), totals 8,995 square feet. There is an existing single-family home that would be demolished as part of the project. B. General Plan and Zoning: The property is designated Office Professional / Medium Density 4-10 units per acre in the City's General Plan. It is zoned R-1 single-family. During the General Plan update process, there was discussion about requiring residentially scaled projects on Portola Avenue between Fred Waring Drive and De Anza Way. Recently, a change of zone from R-1 to O.P. and a precise plan for a two- story office building was denied north of this property. The project was denied because it was not residential in scale. On September 23, 2004, the City Council approved Zoning Ordinance Amendment 04-01 (ZOA 04- 01) restricting office buildings in this area to one-story, 15' high and in no event shall exceed 18'. The amendment provides residential scale standards for office buildings on Portola Avenue. C. Adjacent Zoning and Land Use: North: R-1 / single-family home South: R-1 / vacant (Redevelopment Agency) East: P.R. 5 / condos West: R-1 / single-family home II. PROJECT DESCRIPTION: The applicant is requesting approval of a change of zone and a precise plan of design. Staff Report Ford, C/Z 04-05 and PP 04-31 Page 3 January 13, 2005 A. Change of Zone: The project involves a change of zone from R-1 single-family to Office Professional (O.P.) consistent with the General Plan. B. Precise Plan The precise plan of design is for a 1,826 square foot general office building and seven (7) parking spaces. The project is designed for general office use, no medical office use will be allowed. A shared driveway on Portola Avenue will provide access to the project. Half (12') of the driveway will be constructed on this property and the other half (12') on the adjacent property (south). Public Works is requiring the applicant to dedicate 14' of right of way on Portola Avenue. The proposed front setback varies between 15' and 18' from the new property line, 27' to 30' from future curb. The building is setback 51'9" from the rear property line, 6'6" from the north side yard and 16'4" from the south side yard. C. Architecture: The building is one-story, 15' high with a tower element at 18'. The building's Mission design incorporates creme color stucco, red Spanish clay roof tiles, and a 30" tall block wall 10' from the front property line that will be stoccoed to match the building. On November 23, 2004, the Architectural Review Commission unanimously granted preliminary approval of the project. D. Project Data: STANDARD I OP ZONE I PROJECT Height (Portola Avenue) 15' / 18' max 15' Front Setbacks 12' min / 15' average 15' (from new property line) Rear Yard Setbacks 20' 51'9" Side Yard Setbacks (R- 1 adjacent zone standards) 14' combined, no side less than 5' 6 6 / 16 4„ Parking 7 7 Staff Report Ford, C/Z 04-05 and PP 04-31 Page 4 January 13, 2005 E. Planning Commission: The project was presented and endorsed by the Planning Commission on December 21, 2004. The Commissioners stated that the project was residential in scale and would enhance Portola Avenue. One adjacent neighbor, Thomas Angle, spoke against the project because he does not want an office building next to his property. III. ANALYSIS: The proposed change of zone, site plan and building design provides a residential scale general office building that meets the goals of the General Plan and Zoning Ordinance Amendment for Portola Avenue. The use and location is compatible with the surrounding neighborhood. The proposed project complies with all the development standards of the zone and has been unanimously endorsed by the Architectural Review Commission. IV. ENVIRONMENTAL REVIEW: The application is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary. Submitted By: Tony : aga o Assistant Planner Approval: City Manag for De L-!'•pp_'nt Services Department Head: Director of Community Development RESOLUTION NO. 05-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING OF A PRECISE PLAN OF DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING LOCATED AT 44-447 PORTOLA AVENUE. CASE NO. PP 04-31: WHEREAS, the City Council of the City of Palm Desert, California, did on the 13h day of January, 2005, to consider the request by ROBERT AND MARILYN FORD for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2317 has recommended approval of PP 04-31, 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. 04-106, in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council find the following facts and reasons to exist to justify approving the said request: 1. The proposed site plan and building design is residential in scale, which meets the goal and objectives of the General Plan and Zoning Ordinance Amendment for Portola Avenue between Fred Waring Drive and De Anza Way. 2. That the proposed use, as conditioned and designed, is compatible with the surrounding neighborhood and will not be detrimental to the public health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Precise Plan 04-31, as conditioned. RESOLUTION NO. 05-7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 13th day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California BUFORD CRITES, Mayor 2 RESOLUTION NO. 05-7 CONDITIONS OF APPROVAL CASE NO. PP 04-31 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. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 3 RESOLUTION NO. 05-7 7. 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. 8. The project shall be used for general office use only, no medical office use allowed. 9. The applicant shall install a 6'0" tan slump block wall along the north property line. Said wall shall tie into the existing adjacent slump block wall, removing the chain link and wooden fence that is along the north side property line. 10. Prior to any work, including demolition of the existing home and construction of the proposed office building, the applicant shall install the 6'0" high block wall between 44-447 and 44-401 Portola Avenue as the first step of development. Department of Public Works: 1. All landscape maintenance shall be preformed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 3. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal Code shall be pad prior to issuance of grading permit. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A standard inspection fee shall be paid prior to issuance of grading permits. 7. One driveway shall be allowed to serve this property, 24' minimum, and 30' maximum width with 25' radius returns. 8. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 9. Any and all offsite improvements shall be preceded by the approval plans and the issuance of valid encroachment permits by the Director of Public Works. 10. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 4 RESOLUTION NO. 05-7 11. Project shall retain nuisance waters on -site. 12. Landscape installation shall be drought tolerant in nature. 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including the following: • Dedication of 14 feet of right of way, 44' from centerline of Portola Avenue. 15. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 16. All public and private improvements shall be inspected by the Public Works Department. 17. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for information materials. 18. Reciprocal access easement required with the property to the south and an irrevocable offer for reciprocal access shall be recorded with the property to the north. 19. Cash payment in lieu of construction for widening of Portola Avenue in the amount of $16,936.80 (1,693 square feet affected area @ $10 per square foot). 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: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. 5 RESOLUTION NO. 05-7 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"x2-1 /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 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. 6. Install a residential fire suppression system Hood/Duct automatic fire extinguishing system in all public and private cooking operations. 7. All buildings shall have illuminated addresses of a size approved by the city. 8. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 6 ORDINANCE NO. 1089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM R-1 TO OFFICE PROFESSIONAL (O.P.) CONSISTENT WITH THE GENERAL PLAN. THE PROPERTY IS LOCATED AT 44-447 PORTOLA AVENUE. CASE NO. C/Z 04-05: WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of January, 2005, to consider the request by ROBERT AND MARILYN FORD for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2317 has recommended approval of C/Z 04-05, 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. 04-106, in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approving the said request: 1. That the proposed change of zone from R-1 to O.P. is consistent with the goals and objectives of the General Plan approved by City Council Resolution Number 04-20 on March 15, 2004. 2. That the proposed change of zone is consistent with the surrounding neighborhood and will not be detrimental to the public health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Change of Zone 04-05 (Exhibit „A„ ORDINANCE NO. 1089 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of January, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California BUFORD CRITES, Mayor 2 FRED WARING-DR SANTA ROSA WAY 0 SANTA ROSA WAY �OLNECT .4c 0 oe . O CATALINA WAY 11/ Air vij aft Al \tI a 0 rn 0 Z a / Ne i t7,,� CATALINA WAY CATALINA WAY W gat • NM MI SPX ill 011P e-sytavAir* - DEANZA WAY a. SSANDRO DR ALESSANDRO DR ALESSANDRO DR ALESSANDRO DR ly( Ikr *1111 4/1/ INS/ FRED-WARING DR Ete _ Q SANTA ROSA C/R 0 / CATALINA WAY i DEANZA WAY DEANZA WAr 4. MIMS NMI lip Clty of Palm Desert 1 kka �QQQ COMCM. SANTA ROSA CIR SANTA RO g 1.�\ 'YNTA R QQ SUBJECT PROPERTY Q GATALINA-WAY VNN EL CORTEZ WAY DEANZA WAr SAN MARINA r SAN MAR/re EL CO SAN MARIN ALESSANDRO DR Case No. C/Z 04-05 CHANGE OF ZONE EXHI IT A ALESSAND I f— Proposed Zoning Change CITY COUNCIL ORDINANCE NO. Date: R-1 To O.P. 1089 CITY Of PRIM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NOS. C2 04-05 AND PP 04-31 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desrt City Council to consider a request by ROBERT & MARILYN FORD for approval of a change of zone from R-1 to Office Professional (O.P.) and a precise plan of design to allow the construction of 1,826 square foot general office building. Said building is single -story, 15' high with a tower element 18'. The property is located at 44-447 Portola Avenue, south of Catalina Way. 7 ——.AW11154R/N6-0R--hKO-WAMNGOR IIMIAIpII NAY CAINMA Mar SUMO ROM Mal U111111, TI II � 01 E MAMA MAY MAIQA MMI MAMA M/ NallAN IMO M IAN SUBJECT PROPERTY JL1L1Li IS WWI I' IMF MAIIG INI Q01 MW AMIN A4/IIAMMOM A410114 f—r-Tr Proposed Zoning Change R-1 To O.P. SAID public hearing will be held on Thursday, January 13, 2005 at 4:00 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 End be heard. Written comments concerning 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 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 you or someone else raised at the public healing described in this notice, or in written correspondence delivered to the Planrjing Commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, CITY CLERK January 3, 2004 Palm Desert City Council January 5, 2005 City of Palm Desert Palm Desert City Council 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case Nos. C/Z 04-05 & PP 04-31 Dear City Council Members: Regarding the above cases, request of Bob & Marilyn Ford for a zone change from R-1 to O.P. and construction of an office building at 44-447 Portola Avenue. No, no, no, no. This zone change in the area has been addressed many, many times and it was the unanimous opinion of City Council to leave the zoning R-1, most recently on the NW corner of Portola and Catalina. This area is RESIDENTIAL Period and by making a zoning change between two single family residences is totally unreasonable. I know that the Planning Commission has recommended approval of the zone change, which is a huge surprise to me, but PLEASE help us maintain the feeling of FAMILY by keeping the zoning R-1. I know you would not approve of such a change in your neighborhood. I sincerely appreciate you taking your time to consider our request. pfaieful JEAN H. MARTIN JEAN H. MARTIN 276 San .t=t n —t Palm Desert, CA 92260 u' D� r i om0 c7n r 1 rn ]Z� rn Min X v� TTT1 co rn CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 21, 2004 CASE NOS: C/Z 04-05 AND PP 04-31 REQUEST: Approval of a change of zone from R-1 to Office Professional (O.P.) and a precise plan of design to allow the construction of a 1,826 square foot general office building, located at 44-447 Portola Avenue. APPLICANT: Bob and Marilyn Ford Franco Laulainen, Architect 44-447 Portola Avenue 73-375 El Paseo, Suite U4 Palm Desert, CA 92260 Palm Desert, CA 92260 I. BACKGROUND: A. Property Description: The property, located on the west side of Portola Avenue, approximately 140' south of Catalina Way (see vicinity map), totals 8,995 square feet. There is an existing single-family home that would be demolished as part of the project. B. General Plan and Zoning: The property is designated Office Professional / Medium Density 4-10 units per acre in the City's General Plan. It is zoned R-1 single-family. During the General Plan update process, there was discussion about requiring residentially scaled projects on Portola Avenue between Fred Waring Drive and De Anza Way. Recently, a change of zone from R-1 to O.P. and a precise plan for a two- story office building was denied north of this property. The project was denied because it was not residential in scale. On September 23, 2004, the City Council approved Zoning Ordinance Amendment 04-01 (ZOA 04-01) restricting office buildings in this area to one-story, 15' high and in no event shall exceed 18'. The amendment provides residential scale standards for office buildings on Portola Avenue. C. Adjacent Zoning And Land Use: North: R-1 / single-family home South: R-1 / vacant (Redevelopment Agency) East: P.R. 5 / condos West: R-1 / single-family home STAFF REPORT C/Z 04-05 AND PP 04-31 DECEMBER 21, 2004 II. PROJECT DESCRIPTION: The applicant is requesting approval of a change of zone and a precise plan of design. A. Change of Zone: The project involves a change of zone from R-1 single-family to Office Professional (O.P.) consistent with the General Plan. B. Precise Plan: The precise plan of design is for a 1,826 square foot general office building and seven (7) parking spaces. The project is designed for general office use, no medical office use will be allowed. A shared driveway on Portola Avenue will provide access to the project. Half (12') of the driveway will be constructed on this property and the other half (12') on the adjacent property (south). s is requiring the applicant to dedicate 14' of right of way on Portola Avenue. The proposed front setback varies between 15' and 18' from the new property line, 27' to 30' from future curb. The building is setback 51'9" from the rear property line, 6'6" from the north side yard and 16'4" from the south side yard. C. Architecture: The building is one-story, 15' high with a tower element at 18'. The building's Mission design incorporates creme color stucco, red Spanish clay roof tiles, and a 30" tall block wall 10' from the front property line that will be stoccoed to match the building. On November 23, 2004, the Architectural Review Commission unanimously granted preliminary approval of the project. D. Project Data: STANDARD I OP ZONE PROJECT Height (Portola Avenue) 15' / 18' max 15' Front Setbacks 12' min / 15' average 15' (from new property line) Rear Yard Setbacks 20' 51'9" Side Yard Setbacks (R-1 adjacent zone standards) 14' combined, no side less than 5' 6'6" / 16'4" Parking 7 7 2 STAFF REPORT C/Z 04-05 AND PP 04-31 DECEMBER 21, 2004 III. ANALYSIS: The proposed change of zone, site plan and building design provides a residential scale general office building that meets the goals of the General Plan and Zoning Ordinance Amendment for Portola Avenue. The use and location is compatible with the surrounding neighborhood. The proposed project complies with all the development standards of the zone and has been unanimously endorsed by the Architectural Review Commission. IV. ENVIRONMENTAL REVIEW: The application is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary. VI. RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. recommending to City Council approval of Change of Zone 04-05 and Precise Plan 04-31, subject to conditions attached. VII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Comments from other departments D. ARC Notice of Action E. ZOA 04-01 Ordinance for residential scale office buildings on Portola Avenue F. Exhibits Prepared by: Tony Assistant Planner Reviewed and Approved by: Homer Croy Director of Community Development ACM of CommuniDevelopment 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM R-1 SINGLE-FAMILY TO OFFICE PROFESSIONAL (O.P.) AND A PRECISE PLAN OF DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING LOCATED AT 44-447 PORTOLA AVENUE. CASE NOS. C/Z 04-05 AND PP 04-31: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of December 2004 to consider the request by ROBERT AND MARILYN FORD 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. 04-106, 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. That the proposed change of zone from R-1 to O.P. is consistent with the goals and objectives of the General Plan approved by City Council Resolution Number 04-20 on March 15, 2004. 2. The proposed site plan and building design is residential in scale, which meets the goal and objectives of the General Plan and Zoning Ordinance Amendment for Portola Avenue between Fred Waring Drive and De Anza Way. 3. That the proposed use, as conditioned and designed, is compatible with the surrounding neighborhood and will not be detrimental to the public health, safety or general welfare. 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 the Planning Commission does hereby recommend to the City Council approval of Change -of Zone 04-05 (Exhibit "A") and Precise Plan 04-31. PLANNING COMMISSIG.a RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission SABBY JONATHAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. C/Z 04-05 AND PP 04-31 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. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 3 PLANNING COMMISSIUN RESOLUTION NO. 7. 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. 8. The project shall be used for general office use only, no medical office use allowed. 9. The applicant shall install a 6'0" tan slump block wall along the north property line. Said wall shall tie into the existing adjacent slump block wall, removing the chain link and wooden fence that is along the north side property line. 10. Prior to construction of the office building, the applicant shall install the 6'0" high block wall along the north property line. Department of Public Works: 1. All landscape maintenance shall be preformed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 3. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal Code shall be pad prior to issuance of grading permit. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A standard inspection fee shall be paid prior to issuance of grading permits. 7. One driveway shall be allowed to serve this property, 24' minimum, and 30' maximum width with 25' radius returns. 8. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 9. Any and all offsite improvements shall be preceded by the approval plans and the issuance of valid encroachment permits by the Director of Public Works. 10. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 4 PLANNING COMMISSItint RESOLUTION NO. 11. Project shall retain nuisance waters on -site. 12. Landscape installation shall be drought tolerant in nature. 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including the following: • Dedication of 14 feet of right of way, 44' from centerline of Portola Avenue. 15. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 16. All public and private improvements shall be inspected by the Public Works Department. 17. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for information materials. 18. Reciprocal access easement required with the property to the south and an irrevocable offer for reciprocal access shall be recorded with the property to the nort 19. Cash payment in lieu of construction for widening of Portola Avenue in the amount of $16,936.80 (1,693 square feet affected area @ $10 per square foot). 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. 5 PLANNING COMMISSIUni RESOLUTION NO. 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"x2-1/2"), 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 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. 6. Install a residential fire suppression system Hood/Duct automatic fire extinguishing system in all public and private cooking operations. 7. All buildings shall have illuminated addresses of a size approved by the city. 8. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 6 FRED-WARING-01--- BRED-WARJNG-DR SANTA ROSA WAY 1414'TA ROSA WAY L OLIVE CT CATALINA WAY DEANZA WAr CATALINA WAY CATALINA WAY CATALINA WAY i DEANZA WAY DEAMZA WAY e eqn oml Di SANTA ROVI OIRItt 414 kIlk ri- SANTA ROSA CIR SANTA RO ,S21c:b"INTA A7 f 1 SUBJECT PROPERTY LI CJ 1i EL CORTEZ WAY EL COA DEANZA WAr at SAN MARAN., sma- SAN MARIN `1 0 A 7' SAN MARIN ESSANDRO DR ALESSANDRO DR ALESSANDRO DR ALESSANDRO DR Q ALESSANDRO DR ALESSAND 1 l y ( �i City of Palm Desert Case No. C/Z 04-05 CHANGE OF ZONE E HI III IT A Proposed Zoning Change R-1 To O.P. PLANNING COMMISSION RESOLUTION NO. Date: CHI OF P11I11I OES`i 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-25j8 TEL: 760 346-0611 FAX: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NOS. C/Z 04-05 AND PP 04-31 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT & MARILYN FORD for approval of a change of zone from R-1 to Office Professional (O.P.) and a precise plan of design to allow the construction of 1,826 square foot general office building. Said building is single -story, 15' high with a tower element 18'. The property is located at 44- 447 Portola Avenue, south of Catalina Way. -r slrWN 4RINGAIR WAW two b ARM WY NWAN Re Jatlq ROM lair R111■ 1111111111 Ill ---31P G-Dl ii �m, JIMr faM N1Z1 j - SUBJECT R w D PROPERTY ■lb- defrma �I �o �� m, MANRM RMr wsa¢Rsaeo rR 1 AISW(aO OR \, JAM NRYJN Proposod Zoning Change R-1 To O.P. SAID public hearing will be held on Tuesday, December 21, 2004 at 6:00 p.m. in 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 heard. Written comments conceming all items covered by this public hearing notice shall be accepted 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 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 PHIL DRELL, Secretary December 11, 2004 Palm Desert Planning Commission CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Tony Bagato FROM: Mark Greenwood, City Engineer SUBJECT: PP 4-31 Ford Office Building on Portola DATE: November 15, 2004 The following should be considered conditions of approval for the above -named project. GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to issuance of grading permit. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A standard inspection fee shall be paid prior to issuance of grading permits. 7. Cash payment in lieu of construction for widening of Portola Avenue in the amount of $16,936.80 (1,693.8 sq. ft. affected area @ $10 sq. ft.). DESIGN REQUIREMENTS 8. One driveway shall be allowed to serve this property, 24' minimum, 30' maximum width with 25' radius returns. 9. Complete gradin, .id improvement plans and specificat, s on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Any and all offsite improvements shall be preceded by the approval of plans ancthe issuance of valid encroachment permits by the Department of Public Works. 11. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 12. Project shall retain nuisance waters on -site. 13. Landscape installation shall be drought tolerant in nature. 14. Landscape plans shall be submitted for review concurrently with grading plans. 15. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including the following; Dedication of 14 feet of right of way, 44' from centerline on Portola Ave. CONSTRUCTION REQUIREMENTS 16. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 17. All public and private improvements shall be inspected by the Public Works Department. 18. Prior to the start of construction, the applicant shall submit satisfactory evidenceto the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. OTHER REQUIREMENTS 19. Reciprocal access easement required with property to the south and an irrevocable offer for reciprocal access shall be recorded with the property to the north. 20. A hammerhead backup area shall be provided at the north end of the parking area .for they last parking space at least 5' in depth. Mark Greenwood, P.E. .0mENT of «E PROTF` 1 I p. JRESTrr xis cc, Tom Tisdale Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Banning Beaumont a Calimesa • Canyon Lake Coachella Desert Hot Springs Indian Wells O Indio Lake Elsinore a La Quinta e+ Moreno Valley Palm Desert a Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster District 1 John Tavaglione District 2 Jim Venable District 3 Roy Wilson District 4 Torn Mullen District 5 RIVERSIDE LOUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 Cove Fire Marshal's Office 73710 Fred Waring Drive #102 Palm Desert CA 92260 (760) 346-1870 TO: 4g7a)t REF: (d? t2Q-5,/ Cb— o q-oT 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. 2 A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the iob site. Provide or show there exists a water system capable of providing a gpm flow of: 3. 1500 gpm for single family dwellings 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 V2" 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 (6✓ Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 10. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. DATE: f/My 11. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approved 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. 12. All valves controlling the water supply for automatic sprinkler systems and Water -flow switches shall be monitored and alarmed per CBC Chapter 9. 13. Install a fire alarm system as required by the UBC Chanter 3. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. Install a Hood/Duct automatic fire extinguishing system per NFPA-9d in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per CFC Chapter 76 if conducting an operation that produces airborne particles. 17. All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around 55' in industrial developments. 1 . Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 2 25. 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 adjoining 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 elevators shall be minimum gurney size. All questions regarding the meaning of these conditions should be 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: Sincerely, David A. Avila Fire Marshal CITY OF PALM DESERT ART IN PUBLIC PLACES INTEROFFICE MEMORANDUM To: Tony Bagato, Assistant Planner From: Deborah. Schwartz, Public Art Coordinator Date: 11/03/04 Subject: Robert and Marilyn Ford Applicants (Case N. PP 04-31) The Art In Public Places Department recommends that the public art fee for the Robert and Marilyn Ford office project located on Portola Avenue (APN 627- 135-007) stay in the Public Art Fund. We estimate that the total fee is $730, which will not allow for a significant project unless the developer would like to add additional funds to the fee amount. Nov-10-04 12:24pm From -WATER DI CT/COACHELLA VALLEY +7603993711 T-497 P.02/03 F-317 DIRECTORS: ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (780) 398-2651 • FAX (760) 398-3711 JOHN W. MCI=ADDEN, PRESIDENT PETER NELSON, VICE PRESIDENT TELLIS CODEKAS RU55ELL KITAHARA PATRICIA A. LARSON November 8, 2004 Department of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Dc8crt, California 92260 Gentlemen: Subject: Plot Plan No. 04-31 and C/Z No. 04-05 OFFICERS: STEVEN B. ROBBINS, GENERAL MANAGER -CHIEF ENGINEER JULIA PERNANDEZ. SECRETARY DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0163.1 0421.1 0721.1 This area is protected from regional stormwater flows by the'OVhitewater River Stormwater Channel and may be considered safe from regional stormwater flows except in rare instances. This area is designated Zone Bon 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. 53 and 80 of the District for sanitation service. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. TRUE CONSERVATION USE WATER WISELY Received Nov-10-2004 11:32 From-+7603983711 To -PALM DESERT PUBLIC W Page 002 Nov-10-04 12:24mm From -WATER DI' 'CT/COACHELLA VALLEY +76039A371t T-497 P.03/03 F-317 Department of Community Development City of Palm Desert -2- November 8, 2004 If you have any questions, please contact Kesi Sekhon, Stormwater Engineer, extension 2290. Yours very truly, Patti SchW'artz Assistant Director of Engineering cc: Weed Farshad Riverside County Department of Transportation 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 KS:md\eng\sw\nov\pp-04-31 050620-1 COACHELLA VALLEY WATER DISTHICT Received Nov-10-200L 11:32 From-+7003993711 To -PALM DESERT PUBLIC W Pais 003 PALM DESERT POLICE DEPARTMENT 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 • November 2, 2004 City of Palm Desert Planning Department 73510 Fred Waring Dr. Palm Desert, CA 92260 ATTN: Tony Bagato, Assistant Planner RE: PP 04-31 and C/Z 04-05 Dear Mr. Bagato, Thank you for the opportunity to comment on the proposed construction of the 1826 square foot office building located on Portola Avenue (APN 627-135-007). The following issues of concern related to public safety and law enforcement are presented: 1. Current Planned Design: A. Exterior Building Security: The exterior doors should be of steel construction and secured with a heavy-duty type deadbolt lock to provide protection against forced entry. B. Exterior Lighting Plan: All exterior lighting fixtures should be mounted to a height that would reduce any tampering or damage. Each side of the building should have some type of lighting system that would illuminate the area and help prevent vandalism and prowlers. C. Alarm System: A security alarm system should be installed with sensors covering all exterior doors/windows, along with motion sensors strategically placed in the interior. The subscriber (Ford) should provide the servicing alarm vendor with a contact person, and/or responder in the event of alarm activation. The responder is normally a manager or assistant manager with keys to all areas of the building that could meet with deputies in the event the alarm activates when the business is closed. I also recommend a Knox Box be mounted near the front doors with a key to the building. In the event the business is closed and alarm activation occurs without a responder available; deputies could enter the building and search for intruders. D. Business Numbering or Monument: The property address should be prominently displayed and visible from Portola Ave. The numbers affixed to the building or monument should be of contrasting color from the building facade and illuminated at night. This will __assist in emergency responses by the fire department or the Palm Desert Police Department. Page 2 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 Robert Bishop at (760) 836-1671, between the hours of 8:00 AM and 5:00 PM, Monday through Friday. tfully Sunitted -- eBishp ID # 2759 Palm Desert Police Department INTEROFFICE MEMORADUM City of Palm Desert RECEIVED NOV 1 6 2004 TO: TONY BAGATO, ASSISTANT PLANNER COMMUNITYCIDEVELOPMENT TYOF PALM DESERTARTMENT FROM: FRANKIE RIDDLE, SENIOR MANAGEMENT ANALYST SUBJECT: PP 04-31 and C/Z 04-05 ROBERT & MARILYN FORD —1,826 Square Foot Office Building) DATE: NOVEMBER 16, 2004 The precise plan has been reviewed to determine the need for a bus shelter/stop at the project location and inclusion of required trash/recycling enclosure for each project. Bus Shelter: After reviewing the precise plans it has determined that this project is not located on an existing or proposed future bus route, therefore, the project will not be conditioned for a bus shelter/stop. Trash Enclosures: The plan does not appear to adequately address trash enclosure(s) needs. The plan must provide for a trash/recycling enclosure that is consistent with the Palm Desert Municipal Code. The construction of trash enclosures shall be consistent with PDMC, Chapter 8.12. Waste Management of the Desert 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. They should also comment on the location and circulation needs of disposal (waste) trucks. Applicant may contact Jennifer at Waste Management of the Desert at (760) 340-6445 regarding this issue. FRANRIE-RID R LE SENIOR MANAGEMENT ANALYST Nov 23 04 02:32p FO' PROPERTIES 340 2132 WASTE MANAGEMEN 7r -346-4153 p.2 04. .:00 p.m. 11-19-2004 2 /2 WASTE M*N*GEMGNT WILL SERVE LETTER November 18, 2004 Ford Properties Attn Bob Ford 446T2 Monterey Avenue Palm Desert CA 92260 WASTE MANAGEMENT OP THE DESERT Jennifer Schmitt-Salciccioli Desert Construction Rep Construction Phone: (760) 324-6918 Construction Fax: (760) 340-2732 Mobile Phone: (760) 275-4448 E-mail: ischmittewrn.com 41575 Eclectic Street Palm Desert CA 92260 RE: Ford Properties building 44447 Portola Ave, Palm Desert Ca Dear Mr. Ford: ?? aLt-3I G Z. per{—oS Thank you for contacting Waste Management of the Desert about your Ford Properties project. I am sure it will be another wonderful development to Palm Desert. Aker reviewing the plans with you, Waste Management has concluded that we will service the "project" during and after the construction. As you know Waste Management of the Desert is the franchised hauler for the City and currently savices the surrounding area. We will provide commercial service, as needed, during construction and automated service once the building is occupied with a reminder that the occupant is responsible for putting the trash totes at the service curb by Gam trash day. If you have any questions or need any additional information, please contact me at the phone number above. Congulations on your development! Sincerely, 4/1 ear S ccao4 Construction Representative Cc: Received Nov-23-2004 14:40 From-760 346 4153 To -PALM DESERT PUBLIC W Page 002 CITY Of Pulp DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 1 FAX: 760 340-0574 infot. palm-deserr.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 27, 2004 Bob and Marilyn Ford 44-447 Portola Avenue Palm Desert, California 92260 Re: CASE NOS. C/Z 04-05 AND PP 04-31 Franco Laulainen, Architect 73-375 El Paseo, Suite U4 Palm Desert, California 92260 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of December 21, 2004: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NOS. C/Z 04-05 AND PP 04-31 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2317, 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 Drell, Sectary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire iviarshai PAINTED ON P[:!(LF0 PAANA PLANNING COMMISSION RESOLUTION NO. 2317 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM R-1 SINGLE-FAMILY TO OFFICE PROFESSIONAL (O.P.) AND A PRECISE PLAN OF DESIGN FOR A 1,826 SQUARE FOOT GENERAL OFFICE BUILDING LOCATED AT 44-447 PORTOLA AVENUE. CASE NOS. C/Z 04-05 AND PP 04-31 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21s` day of December, 2004, to consider the request by ROBERT AND MARILYN FORD 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. 04-106, 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. That the proposed change of zone from R-1 to O.P. is consistent with the goals and objectives of the General Plan approved by City Council Resolution Number 04-20 on March 15, 2004. 2. The proposed site plan and building design is residential in scale, which meets the goal and objectives of the General Plan and Zoning Ordinance Amendment for Portola Avenue between Fred Waring Drive and De Anza Way. 3. That the proposed use, as conditioned and designed, is compatible with the surrounding neighborhood and will not be detrimental to the public health, safety or general welfare. 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 the Planning Commission does hereby recommend to the -City Council approval of Change of Zone 04-05 (Exhibit "A") and Precise Plan 04-31. PLANNING COMMISSION RESOLUTION NO. 2317 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21' day of December, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission SABBY JN, Chairperson 41. 2 PLANNING COMMISSION RESOLUTION NO. 2317 CONDITIONS OF APPROVAL CASE NOS. C/Z 04-05 AND PP 04-31 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 toconflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The 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 3 PLANNING COMMISSION RESOLUTION NO. 2317 replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 7. 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. 8. The project shall be used for general office use only, no medical office use allowed. 9. The applicant shall install a 6'0" tan slump block wall along the north property line. Said wall shall tie into the existing adjacent slump block wall, removing the chain link and wooden fence that is along the north side property line. 10. Prior to any work, including demolition of the existing home and construction of the proposed office building, the applicant shall install the 6'0" high block wall between 44-447 and 44-401 Portola Avenue as the first step of development. Department of Public Works: 1. All landscape maintenance shall be preformed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 3. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal Code shall be pad prior to issuance of grading permit. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A standard inspection fee shall be paid prior to issuance of grading permits. 7. One driveway shall be allowed to serve this property, 24' minimum, and 30' maximum width with 25' radius returns. 8. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 4 PLANNING COMMISSION RESOLUTION NO. 2317 9. Any and all offsite improvements shall be preceded by the approval plans and the issuance of valid encroachment permits by the Director of Public Works. 10. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 11. Project shall retain nuisance waters on -site. 12. Landscape installation shall be drought tolerant in nature. 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including the following: • Dedication of 14 feet of right of way, 44' from centerline of Portola Avenue. 15. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 16. All public and private improvements shall be inspected by the Public Works Department. 17. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for information materials. 18. Reciprocal access easement required with the property to the south and an irrevocable offer for reciprocal access shall be recorded with the property to the north. 19. Cash payment in lieu of construction for widening of Portola Avenue in the amount of $16,936.80 (1,693 square feet affected area @ $10 per square foot). 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 5 PLANNING COMMISSION RESOLUTION NO. 2317 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"x2-1/2"), 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 portable fire extinguishers per NFPA, 10, but not Tess 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. 6. Install a residential fire suppression system Hood/Duct automatic fire extinguishing system in all public and private cooking operations. 7. All buildings shall have illuminated addresses of a size approved by the city. 8. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2004 SUBJECT TI REVISION Mr. Urbina outlined the salient points of the staff report and recommended approval of the draft resolution, subject to the conditions of approval. Chairperson Jonathan asked for and received confirmation that all antennae would be kept within the trunk. Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MS. BARBARA SAITO, representing Nextel Communications, 310 Commerce in Irvine, California, addressed the Commission. She thanked Mr. Urbina and Mr. Drell for helping her bring this project before the Commission. She stated that she read the conditions of approval, thought they were well done, and they were acceptable. She asked if there were any questions about the project. There were no questions and Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Jonathan asked for Commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2316, approving Case No. CUP 04-19, subject to conditions. Motion carried 5-0. B. Case Nos. C/Z 04-05 AND PP 04-31 - BOB AND MARILYN FORD, Applicants Request for a recommendation to City Council of approval of a change of zone from R-1 to Office Professional (0.P.) and a precise plan of design to allow the construction of a 1,826 square foot general office building located at 44-447 Portola Avenue. Mr. Bagato reviewed the main points of the staff report, indicating that Mr. Ford and his wife would be the only two employees working out of this location. He emphasized that the setbacks would be 15 feet to 18 feet from 3 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2004 SUBS Tf �1 , REVISION the possible future property line in the front, which was 27 feet to 30 feet from the possible future curb. The building was setback 51 feet 9 inches from the rear, 6.5 feet from the north property line, and 16 feet from the south side. Mr. Bagato believed that the project and proposed change of zone provided a residentially -scaled office building that met the goals of the General Plan for Portola Avenue in this area. The use and location would be compatible with the surrounding neighborhood. He said he spoke to a couple of neighbors during the week and a letter was received from Paul and Barbara Bowie, which was distributed to Commission. Mr. Bowie requested a condition that a block wall be constructed prior to any work on the property, including demolition. Both staff and the applicant agreed that was reasonable and Community Development Condition No. 10 was so modified. Mr. Bowie's second concern related to lighting. The current site plan showed approximately six 30-inch tall bollards on the back of the building. There was no other lighting shown. A condition of approval required detailed lighting plans be submitted for review and approval. He noted that the current ordinance was very strict on limiting any Tight pollution on adjacent properties and felt that should satisfy that concern. Mr. Bagato said that the other neighbor he spoke with was Mr. Thomas Angle, who was opposed to any commercial use being adjacent to his property. Mr. Bagato recommended approval and asked for any questions. There were no questions for staff and Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. BOB FORD, 48-770 Shady View Drive in Palm Desert, addressed the Commission. He thanked Mr. Bagato for all his work and appreciated the cooperation he received. He said they were very happy with the progress they had made. They had worked hard to make it a favorable project for everyone involved and were looking forward to moving forward. Chairperson Jonathan asked if Mr. Ford read the conditions of approval, understood them, and had no issues with them. 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2004 Mr. Ford said he read them and had no issues. SUBJECT Tt. REVISION Chairperson Jonathan noted that he had a Request to Speak Card from Mr. Thomas Angle and invited him to address the Commission. MR. THOMAS GEORGE ANGLE, 44-454 San Jose Street, addressed the Commission. Referring to the map on display, he stated that he owns the half acre behind that property. That property line was 12 feet from his back bedroom, the master bedroom, where he lives. It was his feeling that if they allowed this change of zone, and that was going to be a parking lot behind the building, with who knows what going to be in there --motorcycles, trucks, and whatever, and they would probably be running between 6:00 a.m. until 10:00 p.m., common for a building of this type. He stated that the Commission might be exposed legally to a change of value to his property. It could go up to $200,000. He wanted them to consider that. He asked if they had any questions. (There were no questions.) He said they were invited to come over to his property before voting on this to take a look at the back and see how it related to the property line. Chairperson Jonathan thanked him for his comments and asked if anyone else wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Jonathan asked for Commission comments. Commissioner Lopez commended Mr. Ford and the architect on the design of the building. He thought it was excellent and looked very much like a residence. He thought they did a great job. The setbacks from behind this location were significant enough to overcome any type of problems and in fact would probably be a better situation than having a home that backed right up to the property line. He said the project design took into consideration the widening of Portola and he was in favor of the project. Commissioner Tschopp concurred. He thought it was a very nice design for Portola Avenue and would provide a nice transition from a busy street to the residential use behind it. He thought the current commercial ordinances would protect and serve the other neighbors in keeping the noise down. He was also in favor. 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2004 SUBJECT TC. '® REVISION Commissioner Campbell concurred. She thought it would be a good buffer for the residential. It worked very well on Monterey with the office professional there and the residences in the back. She was in favor. Commissioner Finerty concurred. Chairperson Jonathan also concurred and noted that the structure was 51 feet from the six-foot high block wall and that was in addition to the yard space. So there was tremendous distance between the two structures. He thought this design was exemplary and probably epitomized what they had in mind when they said residential character. Also, the resulting use would be a quiet office use and would probably be less intrusive in many neighborhoods than an active household. So in his opinion this was the kind of transition that he had in mind in going from a very busy arterial roadway such as Portola to the adjacent residential neighborhood. He thought this was just perfect and asked for a motion of approval. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Lopez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2317, recommending to City Council approval of Case Nos. C/Z 04-05 and PP 04- 31, subject to conditions as amended. Motion carried 5-0. C. Case No. TT 33018 - LAURI KIBBY/PELE DEVELOPMENT, APPLICANT Request for approval of a tentative tract map to subdivide 3.88 acres into 14 single-family lots (7,735 square foot minimum size) located on the northwest corner of Portola Avenue and Frank Sinatra Drive. Mr. Urbina outlined the salient points of the staff report. He noted that the General Plan at major intersections required new developments to provide expanded landscape treatments. For this project, the applicant was proposing expanded landscaping at the corner of Portola Avenue and Frank Sinatra Drive. The block wall would be approximately 43 feet from the curb face; however, the City Council recently approved a tentative tract map at the northeast corner of Gerald Ford Drive and Gateway Drive. In that case the Council wanted a minimum distance of 50 feet from the corner to the 6 FRED-WAR/NG DR SANTA ROSA wAr 1 0 SAN/A ROSA WAY OLIVE CT CATALINA WAY £4NDRO DR t ALESSANDRO DR ALESSANDRO DR �1,. CATALINA WAY CATALINA WAY CATALINA WAY City of Palm Desert DEANL4 WAY z O tai TRW WAKING DR s W S4NTA ROSA at SANTA RO /, �'rNTA Rr is3, SUBJECT PROPERTY G4MLIAN-WIY MEN a CORTEZ WAr 0 DEANZA WAY • SANMARDY, SOW MARIN 1 .0114 S4N MARAW ALESSANDRO DR ¶ ALESSANDRO DR Case No. C/Z 0405 CHANGE OF ZONE EXHI I: IT A 1 ALESf4ND r Proposed Zoning Change R-1 To O.P. PLANNING COMMISSION RESOLUTION NO.2317 Date: December 21. 2004 CITY Of d•LM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 760 340-0574 info @palm-deserr.org November 23, 2004 Mr. Robert Ford Ford Properties 44-672 Monterey Avenue Palm Desert, CA 92260 Re: Shared Driveway at 44-491 Portola Avenue and 44-447 Portola Avenue Dear Mr. Ford: Thank you for your letter dated 2 November 2004. The City of Palm Desert has reviewed your request for a shared driveway at the subject properties and has agreed to conditionally approve that request. The conditions upon which your request is approved are as follows: 1. The Owner (Ford Properties) must first receive all required approvals for the project at 44-447 Portola Avenue from the various agencies and bodies having jurisdiction. 2. Owner must agree to pay for all driveway improvements including those on City property. 3. Owner must maintain all driveway improvements at owner's sole expense until such time as the City's property is developed. 4. Owner must grant a reciprocal easement to the City for use of the portion of the shared driveway on the owner's parcel. 5. Owner must pay for all engineering, legal descriptions, and fees associated with the recordation of easements. Mr. Robert Ford Ford Properties November 23, 2004 Page 2 of 2 In the event that your project is fully entitled and approved by all appropriate bodies, please notify me so that an executable easement can be prepared for recordation. Sincerely, Lauri Aylaian Redevelopment Manager mh cc: Frank Laulainen Phil Drell, Director of Community Development/Planning Mark Greenwood, City Engineer CITY OF HUM DESERT G:\RDA1Maria Hunt \W PDATAW YLAIAN\letterslrford 112304.doc November 23, 2004 CITY Of PRLM DE$ERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-06lf FAX: 760 340-0574 info@palm-desert.org ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: PP 04-31 & C/Z 04-05 APPLICANT (AND ADDRESS): ROBERT & MARILYN FORD, P.O. Box 3449, Palm Desert, CA 92261 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of a new 1,826 square foot office building. LOCATION: 44-447 Portola Avenue ZONE: R-1 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission by minute motion granted approval, subject to approval by the Landscape Manager. Date of Action: November 23, 2004 Vote: Motion carried 7-0. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted not later than 9:00 a.m. the Monday eight days prior to the next meeting. S ?AIM OH AF(Y(IEA PAPA ORDINANCE Na 1078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE OFFICE PROFESSIONAL (O.P.) DEVELOPMENT STANDARDS, CHAPTER 25.25 OF THE ZONING ORDINANCE, RESTRICTING BUILDING HEIGHT AND REQUIRING RESIDENTIAL SCALE ARCHITECTURAL DESIGN FOR OFFICE BUILDINGS WHICH MAY BE DEVELOPED IN AN O.P. ZONE ON LOTS FRONTING ON PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DE ANZA WAY. CASE NO. ZOA 04-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of September, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.25; and WHEREAS, the Planning Commission by its Resolution No. 2291 has recommended approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is categorically exempt from the provisions of the Califomia Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations in Land Use Limitations) of CEQA Guidelines; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its approval as described below: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare then the current regulations. ORDINANCE NO. 1078 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-01 as delineated in the attached Exhibit "A" is hereby ordained. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of October , 2004, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL NOES. NONE ABSENT: BENsoN ABSTAIN: NONE ATTEST: RA - ELLE D. KLASSEN, CI Clerk City of Palm Desert, California 2 ROBERT A. SPIEGEL, May ORDINANCE NO. 1078 EXHIBIT A That Section 25.25.019 be added to read: 25.25.019 Building limitations for O.P. zoned Tots fronting on Portola Avenue between Fred Waring Drive and De Anza Way Buildings in the O.P. zone located on Tots fronting on Portola Avenue between Fred Waring Drive and De Anza Way shall be limited to one story with a maximum basic height of 15 feet and in no event shall the height exceed 18 feet in height. Approval of a building height over 15 feet shall be discretionary based on architectural merit. Project to be subject to O.P. setback standards. Overall architectural design shall be consistent with the residential character of the surrounding area. 3