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HomeMy WebLinkAboutRes 06-131 PP 05-29 APN 653-810-021 Prest Vuksic ArchitectsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of approval a precise plan of design to allow the construction of a 15,267 square foot industrial building including a tower element up to 34 feet in height. Subject property is located at 73-665 Dinah Shore Drive (APN: 653-810-021). SUBMITTED BY: Ryan Stendell, Assistant Planner APPLICANT: Prest Vuksic Architects 44-530 San Pablo Ave., Ste. 200 Palm Desert, CA 92260 CASE NO: PP 05-29 DATE: September 28, 2006 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 06-131 D. Plans and Exhibits Recommendation: That the City Council adopt Resolution No. 06-131approving a Precise Plan of design to allow the construction of a 15,267 square foot industrial building including a tower element up to 34 feet in height. Executive Summary: The applicant is proposing to build a 15,267 square foot industrial building including a height exception for a tower element up to 34 feet in height (less than 10% of the floor area). The main portion of the building varies between 28 and 29 feet and uses a variety of stucco finishes, masonry block and native desert colors to enhance the visual appearance of the building. The tower element provides a focal point along the Dinah Shore elevation while breaking up the two major plains of the building. The site has access from Spyder Circle and shares a common drive aisle with the property to the south and access to the property to the west. At its meeting of September 5, 2006 the Planning Commission unanimously approved a recommendation to the City Council for approval of this project including the height exception. The commission felt that the superior architecture of the building and well -designed site plan justified the exception. Staff Report PP 05-29 Page 2 September 28, 2006 Discussion: I. BACKGROUND: A. Property Description: The vacant 41,382 square foot (.95-acres) site is located on the south side of Dinah Shore Drive at the west entrance to Spyder Circle. The property is zoned Service Industrial (S.I.) and designated Industrial Business Park (I -BP) in the General Plan. Adjacent Zoning and Land Use: North: Service Industrial (Venture Commerce Center) South: Service Industrial (PP 05-15 approved) East: Service Industrial (Glass Block) West: Service Industrial (Pres Development) B. Planning Commission: At its meeting of September 5, 2006 the Planning Commission unanimously approved a recommendation to the City Council by a 5-0-0 vote. The commission commented that this site is very visible from Dinah Shore and felt that the applicant had proposed a wonderful looking building. The commission also commented that they appreciated the applicant's efforts to work with surrounding property owners to achieve the shared access. The commission noted that the superior architecture and site design justified the exception. II. PROJECT DESCRIPTION: Precise Plan: The applicant is proposing a precise plan of design to allow the construction of a 15,267 square foot industrial building. The building is setback 20 feet (Spyder Circle) from the front property line and 20 feet from the street side property line (Dinah Shore). The building covers approximately 37% of the property. Access and Parking: The project has 1 entrance off of Spyder Circle that provides access to 31 parking spaces along the south and west sides of the building. The proposal is for a basic shell building. The warehouse parking standard is 2 spaces / 1000 sq. ft. while allowing up to 20% of the total space be allocated to office use. Staff Report PP 05-29 Page 3 September 28, 2006 The site does share a common drive aisle with the property to the south. The drive aisle provides reciprocal access to both sites as well as access to the Pres Development project to the west. Arch itectu re/Layout: The building is a contemporary design flat roof building. The applicant has used a variety of stucco finishes, masonry block and native desert colors to enhance the appearance of the building. The building height varies between 28-29 feet, which meets code for the Service Industrial Zone. The applicant is proposing a height exception to allow a tower element (less than 10% of the floor area) up to 34 feet high. The tower element provides a focal point along the Dinah Shore elevation while breaking up the two major plains of the building. On January 10, 2006 the Architectural Review Commission granted preliminary approval of the project (6-0-1-0 commissioner Vuksic abstaining). Project Data: Standard Height Front Setback Rear Setback Side Setback / Street Side Service Industrial Zone 30' 20' 0' 0'/0, 20' Project (PP 05-29) 29'4" max. 20' 52' 37' 20' Parking" Warehouse standards (2 31 spaces spaces 11000 sq. ft. of floor area) = 30 spaces Project is requesting recommendation to the City Council for a height exception up to 34 feet. ** Up to 20% of the total floor area can be allocated to office use (15,267 total sq. ft.= 3053 sq. ft. of office) ANALYSIS: The applicant will need a height exception to allow the tower element facing Dinah Shore Drive. Code allows the approval of tower elements covering not more than 10% of the ground area of the building. Staff feels the tower element is a key component to the north elevation architecture. Losing the tower element would essentially make the building flat and would lose much of its visual appeal. Staff Report PP 05-29 Page 4 September 28, 2006 The proposed use of the building is consistent with the general plan and zoning designation. This project meets the intent of the S.I. zone and complies with all development standards (with exclusion to the proposed height exception). The building provides quality architecture and will be a positive addition to the area. IV. ENVIRONMENTAL REVIEW: The project is a Class 32, Categorical Exemption for the purposes of CEQA and no further review is necessary. Submitted By: fy4an8itendell' Assistant Planner Approval: City Man4er , ACM for Defe,Kpment Services Department Head: Phil Drell Director of Community Development CTY COUNCIL N: APPROVED_ �,.. 1.. TIO DENIED RE EIVED OTHER MEETIN ..........._ .... ,. NOES: _..._.:.. i"` VERIFIED BY ® L ... Original on File wit City' Clerk °.s Offire RESOLUTION NO. 06-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 15,267 SQUARE FOOT INDUSTRIAL BUILDING INCLUDING A TOWER ELEMENT UP TO 34 FEET IN HEIGHT. SUBJECT PROPERTY IS LOCATED AT 73-665 DINAH SHORE DRIVE (APN: 653- 810-021). CASE NO.: PP 05-29 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of September 2006, hold a duly noticed public hearing to consider the request by Prest Vuksic Architects, 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. 06-78, in that the Director of Community Development has determined that this project is a Class 32 categorical exemption for the purposes of CEQA; 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 approval of said request: The proposed location of the precise plan is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the precise plan 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. 3. The proposed precise plan will comply with each of the applicable provisions of this title. 4. The proposed precise plan complies with the goals, objectives, and policies of the city's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 06-131 2. That the City Council does hereby approve of PP 05-29, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, Secretary Palm Desert City Council 2 JAMES FERGUSON, Mayor RESOLUTION NO. 06-131 CONDITIONS OF APPROVAL CASE NO. PP 05-29 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. 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 3 RESOLUTION NO. 06-131 periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. 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. 10. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 11. Per the current Service Industrial parking standards the project may allocate up to 20% of the total floor area (3,053 square feet) to office space. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the city for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscaped plan. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. rd RESOLUTION NO. 06-131 6. Project shall contribute proportionately to the lining of the channel/retention basin providing drainage for PM 24255. DESIGN REQUIREMENTS 7. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 24255. 9. Complete grading and improvement plans and specifications 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 and the 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 and PM 24255 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: • 8' sidewalk, minimum 4' from back of curb, on Dinah Shore Drive and 6' curbside sidewalk on Spyder Circle. 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. CONSTRUCTION REQUIREMENTS 15. All public and priviate 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. 5 RESOLUTION NO.06-131 16. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. SPECIAL CONDITIONS 17. A matching driveway shall be provided and reciprocal access agreement required with adjoining property to the west prior to issuance of a grading permit. 18. No parking shall be allowed on Spyder Circle and the curb shall be painted red. Riverside County Fire Department: With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm fire flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 112"x2-112", located not less than 25' nor more than 150' feet from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. (13 R and attic protector) 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. R. RESOLUTION NO. 06-131 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A X" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around 55' in industrial developments. 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 to the Fire Marshal 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 12 months. 14. 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. 15. No wood/combustibles shall be placed on job site prior to permanent or temporary water be provided. 11 7 MINUTES PALM DESERT PLANNING COMMISSION ►'M DRAFT SEPTEMBER 5.2006 corner of Gerald Ford Drive and Portola Avenue, 74-000 Gerald Ford Drive. Mr. Drell informed Commission that Item A, Case No. PMW 05-12 for Bighorn Development, unfortunately involved a lot line adjustment into an open space area which would potentially impact surrounding properties not within Bighorn. It's an area which has had significant controversary on the use of that open space over the years. Therefore, staff was requesting that the item be taken off the Consent Calendar and recommended that the item be set for public hearing. When these things happen within a country club, they let the country club deal with it. When these changes occur and potentially impact perimeter properties not represented by the association, then staff felt it was appropriate to have a hearing especially when they have knowledge of past controversies. Chairperson Lopez asked for a motion. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving Consent Calendar Items B through F by minute motion. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to notice Case No. PMW 05-12 for public hearing on September 19, 2006. Motion carried 5-0. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. PP 05-29 - PREST VUKSIC ARCHITECTS, Applicant Request for a recommendation to City Council of approval of a precise plan of design to allow the construction of a 15,267 square foot industrial building including a tower element up to 34 feet in height located at 73-665 Dinah Shore Drive. Mr. Stendell reviewed the staff report. He recommended that Planning Commission recommend to the City Council approval of the project, including W DRAFT MINUTES PALM DESERT PLANNING COMMISSION _ SEPTEMBER 5.2006 the height exception up to 34 feet. He noted that a letter was received regarding reciprocal access and parking. In this case the applicant to the south provided a 15-foot drive aisle and this applicant to the north provided 14. In his opinion, 29 feet was adequate for a drive aisle since they would allow a 24-foot drive aisle in that area. The project to the west, the Prest development, had 28-foot drive aisles which again were adequate. The parking stalls meet the code at 17 feet with 2 feet of overhang which should accommodate most cars. A few large trucks might extend a little out. If there were any questions, he or the applicant were available. Commissioner Tschopp noted that Mr. Stendell mentioned that there was a similar situation down the street with 28-foot driveways. Mr. Stendell confirmed that it was just to the west. If they go through the drive aisle, they would be in the Prest Development project, a 14 or 15 building development. It had 28-foot drive aisles. Commissioner Tschopp asked if code was 24 feet. Mr. Stendell said yes. Commissioner Tschopp asked if the other development has 28-feet perpendicular parking there. Mr. Stendell said the 28 feet was actually up to a zero lot line of the building, so they had 28 feet to a 30-foot tilt up building, which in this case they have 30 feet into a 17-foot parking lot which wasn't a 30-foot tilt up building. If there were no cars there, then it was 17 feet greater. Commissioner Finerty asked for Mr. Stendell's opinion regarding the statement in Mr. Berkley's letter about the trash containers. Mr. Stendell stated that it was his opinion that the trash containers were in the appropriate location and they had to be served. Doors seldom open and close. It was at a secondary access point. It wasn't the main point of entry and he believed it was the correct location in this Service Industrial zone. There were no other questions for staff. Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. MR. JOHN VUKSIC with Prest Vuksic Architects at 44-530 San Pablo Avenue in Palm Desert stated that they were able to meet with Mr. Berkley today to discuss the issues raised in his letter and were able to resolve the issues. The only change to the project as shown is that they would angle the parking slightly toward Spyder Circle. The main concern Mr. Berkley had was the turning radius for fire trucks to come off Spyder Circle into his parking lot which is along Spyder Circle. What they were able to do because they have a large landscape area near the entry of the building is angle the parking out so that they created a much wider throat and improved that condition where that E DRAFT MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 5.2006 Action: turning radius was so critical. Their utilities were down further on the site and they had the open space to help Mr. Berkley with that and they would angle it as much as they reasonably could. He thanked them. Chairperson Lopez asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed the public hearing and asked for Commission comments or action. Commissioner Finerty thought it was a really nice looking building for service industrial and was glad Mr. Vuksic took the initiative to meet with Mr. Berkley and resolve the differences. She moved for approval. Commissioner Campbell concurred and said that even though this required City Council approval because of the height, she didn't think they would have any problem approving this building. She seconded the motion. Commissioner Tschopp, Commissioner Tanner and Chairperson Lopez concurred. 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. 2413, approving Case No. PP 05-29, subject to conditions. Motion carried 5-0. B. Case No. TPM 34807 - PACIFIC POINTE PARTNERS, INC., Applicant Request for approval of a tentative parcel map to subdivide a 9.60-acre parcel into nine parcels for condominium and building address purposes located at 73-555 Leilani Way. Mr. Bagato noted that there was a previously approved project on this site in May of 2006 for the industrial buildings. Tonight the Commission was reviewing a parcel map to subdivide this property for condominium address purposes. The findings for approval were outlined in the staff report. For CEQA purposes, it is a Class 15 Categorical Exemption and no further 5 Cl1Y 01 P H [ M DESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL9 760 346—o611 FAX: 76o 341-7098 info@palm-descrt.org CITY OF PALM DESERT PUBLIC NOTICE CASE NO. PP 05-29 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by Prest Vuksic Architects for approval of a precise plan of design to construct a 15,267 square foot industrial building including a tower element up to 34 feet in height on a vacant parcel located at 73-665 Dinah Shore Drive (APN 653-810-021) Cltv of Palm Desert Mao I SAID public hearing will be held on Thursday, September 29, 2006, at 6:00 p.m. in the Council Chambers 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 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 hearing described in this notice, or in written correspondence delivered to the Palm Desert City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, Secretary September 15, 2006 Palm Desert City Council CITY I M 73-51 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6ii FAX: 760 341-7098 info@palm-deserr.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 6, 2006 Prest Vuksic Architects 44-530 San Pablo Avenue, Suite 200 Palm Desert, California 92260 Re: PP 05-29 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of September 5, 2006: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. PP 05-29 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2413, SUBJECT TO CONDITIONS. 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,retary Palm Desert nning Commission hm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal MARC a 11(YQ(C PAM PLANNING COMMISSION RESOLUTION NO.2413 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 15,267 SQUARE FOOT INDUSTRIAL BUILDING INCLUDING A TOWER ELEMENT UP TO 34 FEET IN HEIGHT. SUBJECT PROPERTY IS LOCATED AT 73-665 DINAH SHORE DRIVE (APN: 653-810-021). CASE NO. PP 05-29 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September, 2006, hold a duly noticed public hearing to consider the request by Prest Vuksic Architects 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. 06-78, in that the Director of Community Development has determined that this project is a Class 32 categorical exemption for the purposes of CEQA; 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 approval of said request: 1. The proposed location of the precise plan is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the precise plan 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. 3. The proposed precise plan will comply with each of the applicable provisions of this title. 4. The proposed precise plan complies with the goals, objectives, and policies of the city's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. PLANNING COMMISSION RESOLUTION NO.2413 2. That the Planning Commission does hereby approve of PP 05-29, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this a day of September, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ NONE NONE NONE ATTEST: PHILIP DREL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO.2413 CONDITIONS OF APPROVAL CASE NO. PP 05 29 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. 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 3 PLANNING COMMISSION RESOLUTION NO.2413 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. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. 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. 10. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 11. Per the current Service Industrial parking standards the project may allocate up to 20% of the total floor area (3,053 square feet) to office space. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the city for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscaped plan. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. PLANNING COMMISSION RESOLUTION NO.2413 5. A standard inspection fee shall be paid prior to issuance of grading permits. 6. Project shall contribute proportionately to the lining of the channel/retention basin providing drainage for PM 24255. DESIGN REQUIREMENTS 7. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 24255. 9. Complete grading and improvement plans and specifications 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 and the 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 and PM 24255 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: • 8' sidewalk, minimum 4' from back of curb, on Dinah Shore Drive and 6' curbside sidewalk on Spyder Circle. 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. 5 PLANNING COMMISSION RESOLUTION NO.2413 CONSTRUCTION REQUIREMENTS 15. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 16. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. SPECIAL CONDITIONS 17. A matching driveway shall be provided and reciprocal access agreement required with adjoining property to the west prior to issuance of a grading permit. 18. No parking shall be allowed on Spyder Circle and the curb shall be painted red. Riverside County Fire Department; 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm fire flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1 /2"x2-1 /2", located not less than 25' nor more than 150' feet from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. PLANNING COMMISSION RESOLUTION NO. 2413 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. (13 R and attic protector) 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A X" type fire extinguisher is required in all commercial kitchens. 10. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius tum-around 55' in industrial developments. 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 to the Fire Marshal 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 12 months. 14. 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. 15. No wood/combustibles shall be placed on job site prior to permanent or temporary water be provided. 7 K m Desert Fire DepartLent Fire Prevention Bureau In cooperation with Riverside County Fire Department 73710 Fred Waring Dr. Suite 102 Palm Desert Ca 92260 760-346-1870 Fax 760-779-1959 August 15, 2006 To: Ryan Stendell Assistant Planner Re: PVJ Showroom Case # CUP 05-29 / PP O5-29, ,-;?p oe, gzz) With respect to the conditions of approval regarding the above reference plan check, the 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. After reviewing the plans provided to the Fire Marshal Office for the Building to be installed at the above address the Fire Marshal office has Approved the submitted plans with the following conditions. In reference to the above mentioned property, the fire department finds no probable impacts on the environment including land, air minerals, flora, fauna, and noise objects of historical or aesthetic significance at this time. Any questions regarding the meaning of these conditions should be referred to the Palm Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring Suite #102 Palm Desert, Ca 92260 Respectfully, David A. Avila Fire Marshal LIn Neal Stephenson Fire Safety Specialist ft"" _n Desert Fire Depart. _ent Fire Prevention Bureau In cooperation with Riverside County Fire Department 73710 Fred Waring Dr. Suite 102 Palm Desert Ca 92260 760-346-1870 Fas 760-779-1959 January 17, 2006 To: Prest Vuksic Architects 44-530 San Plablo Avenew Suite #200 Palm Desert Ca 92260 Re: Cup 05-29 PV J Showroom Palm Desert Ca 92260 Can # -CON-06-028 With respect to the conditions of approval regarding the above reference plan check, the 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. After reviewing the plans provided to the Fire Marshal Office for the Building to be installed at the above address the Fire Marshal office has Approved the submitted plans due to the following conditions. • Fire Sprinkler system is required, Bldg exceeds 3000 SF. • Automatic fire alarm is required on all building with 100 sprinkler heads or more.. • Provide (3) sets of plans to the fire Marshals office. • Provide water Plans with hydrant and riser locations. • No wood/combustibles shall be placed o job site prior to permanent or temporary water be provided. • An all weather surface shall be provided and maintained throughout job site for emergency services. • If any kitchen area is installed provide plans for hood and provide (1) class "K" fire extinguisher. • All buildings shall have a minimum of (1) 2A IOBC fire extinguisher provided for every 3000 square feet of floor as per CFC. • All necessary permits shall be obtained prior to start of any work_ Any questions regarding the meaning of these conditions should be referred to the Palm Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring suite #102 Palm Desert, Ca 92260 Respectfully, Neal Stephenson Fire Safety Specialist David A_ Avila Fire Marshal CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention:Ryan Stendeli FROM: Phil Joy, Associate Transportation Planner SUBJECT: PP 5-29 PVJ Showroom -Conditions of Approval DATE: August 8, 2006 GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the city for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscaped plan. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 6. Project shall contribute proportionately to the lining of the channel/retention basin providing drainage for PM 24255. DESIGN REQUIREMENTS 7. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 24255. 9. Complete grading and improvement plans and specifications 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 and the 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 and PM 24255 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted for review concurrently with grading plans. lr c� 14. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: • 8' sidewalk, minimum 4' from back of curb, on Dinah Shore Drive and 6' curbside sidewalk on Spyder Circle. 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. CONSTRUCTION REQUIREMENTS 15. All public and priviate 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. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. SPECIAL CONDITIONS 17. A matching driveway shall be provided and reciprocal access agreement required with adjoining property to the west prior to issuance of a grading permit. 18. No parking shall be allowed on Spyder Circle and the curb shall be painted red. Phil Joy �/�