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HomeMy WebLinkAboutZOA 95-2 SECOND FLOOR RESIDENTIAL 1995 C4 of Palm Desert 73510 FRED WARING DRIVE, PALM DESERT,CALFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 January 16, 1996 RECEIVED JAN 19 1996 WMMDNRY DEYRPMEW DEPARTMENT Ms . Denise Roberge ON DF PALM DESERT 73-520 El Paseo Palm Desert, California 92260 Dear Ms. Roberge: Re: Zoning Ordinance Amendment, ZOA 95-2 At its regular meeting of January 11, 1996, the Palm Desert City Council, by Minute Motion, approved second reading and adopted Ordinance No. 791, approving a negative declaration of environmental impact and zoning amendment to allow, by conditional use permit, second floor residential uses within the general commercial (C-1) , planned commercial (PC) and office professional (OP) zones. A fully-executed copy of the Ordinance is attached for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincer.ily, SHEILA R. GILLIGAN, DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SRG:sld Enclosure (as noted) cc:Comaiunity Development" Department Pery[b0 Papm ORDINANCE NO. 791 '� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ZONING ORDINANCE AMENDMENT TO ALLOW, BY CONDITIONAL USE PERMIT, SECOND FLOOR RESIDENTIAL USES WITHIN THE GENERAL COMMERCIAL (C-1) , PLANNED COMMERCIAL (PC) AND OFFICE PROFESSIONAL (OP) ZONES. CASE NO. ZOA 95-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of December, 1995, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and Zoning Ordinance Amendment to allow, by conditional use permit, second floor residential uses within the General Commercial (C-1) , Planned Commercial (PC) and Office Professional (OP) zones; and WHEREAS, the Planning Commission, by adoption of its Resolution No. 1715, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 95-105, " in that the director of community development has determined the project will not have a significant adverse impact and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action 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 applicable specific plans . 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows : 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That a Negative Declaration of Environmental Impact, attached hereto as Exhibit "A" , and Zoning Ordinance Amendment 95-2, attached hereto as Exhibit "B" , are hereby approved. ORDINANCE NO. 791 3 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty ( 30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this llth day of January, 1996, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE WALTER fjs SNYDER, May ATTEST: / i SHEILA R. A LIGAN ity Clerk City of Palm Dese ., California 2 ORDINANCE NO. 791 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations . NEGATIVE DECLARATION CASE NO: ZOA 95-2 APPLICANT/PROJECT SPONSOR: Denise Roberge 73-520 El Paseo Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Zoning Ordinance Amendment to allow, by conditional use permit, second floor residential uses within the General Commercial (C-1) , Planned Commercial (PC) and Office Professional (OP) zones . The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures , if any, included in the project to avoid potentially significant effects, may also be found attached. O/LQ� January 11, 1996 PHILIP TDRELL DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 3 'ORDINANCE NO. 791 EXHIBIT B C-1 ZONE 25 .28.030 Conditional Uses. M. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or, in the vicinity. PC ZONE 25 .30 .020 Uses permitted by approved precise plan or conditional use permit. The following uses are permitted upon approval. A. District commercial center (PC2) : Such uses include but are not limited to supermarket, professional offices, variety store, drugstore, banks, hotels, and restaurants, except drive-in or drive-through amusement and recreation establishments including but not limited to theater and amusement arcades . Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. 1 . All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2 . If the applicant is refused a conditional use permit, the individual shall reduce the number of said games to four within sixty days of denial of permit request. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. B. Regional center (PC3) : Such uses include but are not limited to supermarkets less than twenty thousand gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive-through, . and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades . 1. All businesses presently having five or more mechanical . or electronic games shall either apply for a conditional use within six 4 ORDINANCE NO. 791 months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2 . If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. C. Resort center (PC4) : Hotels, restaurants, except drive-in or drive-through, entertainment facilities and related commercial uses . Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. D. Specialty commercial center (PC1) : Medical related offices and research facilities, hotel facilities, and ancillary convenience commercial uses . As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. OFFICE PROFESSIONAL ZONE 25 .25 .014 Permitted uses subject to conditional use permit. H. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. 5 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT D STAFF REPORT 'I . TO: Honorable Mayor and City Council II . REQUEST: Approval of a Negative Declaration of Environmental Impact, Zoning Ordinance Amendment to permit mixed residential/commercial use in the C-1, PC and OP commercial zones, precise plan for the remodel and 6114 square foot addition including two residential apartments to an existing 8100 square foot building, sculpture garden and conditional use permit for a 2760 square foot restaurant with liquor license and 1380 square foot outdoor patio on 1. 8 acres located on the south side of El Paseo between_ - Portola Avenue at Prickly Pear Lane. III. APPLICANT: Denise Roberge 73-520 El Paseo Palm Desert, CA 92260 IV. CASE NOS: ZOA 95-2, PP 95-7, CUP 95-11 V. DATE: December 14 , 1995 VI . CONTENTS : A. Staff Recommendation B. Discussion C . Draft Ordinance No. 791 and Draft Resolution No. 95-113 D. Planning Commission Minutes dated November 21, 1995 E. Planning Commission Resolution No. 1715 F. Planning Commission Staff Report dated November 21, 1995 G. Related maps and/or exhibits ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waiver further reading and pass Case No. ZOA 95-2 Ordinance No.a to second reading. Waiver further reading and adopt Resolution No. 95-131 approving PP 95-7 and CUP 95-11, subject to conditions . STAFF REPORT ZOA 95-2 , PP 95-7, CUP 95-11 DECEMBER 14, 1995 B. BACKGROUND: 1 . ZONING ORDINANCE AMENDMENT In response to a proposed office/second floor residential project on Highway 111, the City Council initiated a mixed use zoning ordinance amendment to permit second floor residential in all commercial and office professional zones . Staff was waiting for that applicant to submit his precise plan for processing along with the zoning ordinance amendment. Financing problems have delayed that application. Since the subject precise plan also includes residential use, the amendment is being processed at this time. 2 . PRECISE PLAN/CONDITIONAL USE PERMIT The proposed project involves the former Security Pacific Bank building, parking lot and adjacent vacant parcels . The applicant proposes to remodel and expand the existing 8100 square foot building by adding 2968 square feet to the first floor and a 2697 square foot second story including a 448 square foot office and two penthouse apartments . The ground floor will have a jewelry store and art gallery. A small 2760 square foot restaurant and 1380 square foot patio would be constructed where the existing parking lot is located. The restaurant patio will face onto a 32 , 000 square foot (three-quarter acre) walled sculpture garden extending back to Larrea. The restaurant will be setback from E1 Paseo 45 feet allowing for a five space parking lot and one-way driveway with entrance at the existing curb cut on E1 Paseo circulating west to Prickly Pear Lane and south to a 44 space parking lot in the southeast corner of the property. The parking lot would have access to Portola and Larrea at the existing curb cuts . The rear lot will include four covered spaces for use by the two apartments . The applicant has indicated that the apartments will be occupied by a caretaker and provide temporary accommodation for visiting artists . The E1 Paseo parking area would be surfaced with decorative pavers and softened with ten foot wide landscaped planter adjacent to the sidewalk sculpture and a combination of large trees and shrub adjacent the building. The sidewalk on E1 Paseo, Prickly Pear and Larrea would be reconstructed in contrasting colored concrete creating a undulating effect. An 8 foot perimeter wall around the sculpture garden required for security would also undulate between 8 and 18 feet from 2 STAFF REPORT ZOA 95-2, PP 95-7, CUP 95-11 DECEMBER 14, 1995 curb creating small landscaped pockets for the display of artwork. The design of the wall would incorporate different details and textures creating an overall artistic effect. The project architecture will use different materials and textures to create an "old world" impression. C. ANALYSIS: 1 . ZONING ORDINANCE AMENDMENT The main issues involved in a mixed use ordinance include: a. Is residential use compatible with retail or office uses? b. Are there specific advantages of the close proximity of residential and commercial uses? C. Should the residential use be a permitted or conditional use? Should there be a requirement that the residents be either the owner or employee of the associated commercial use? a. COMPATIBILITY Zoning laws were originally conceived to separate uses which were obviously incompatible ( i .e. residential and heavy industrial uses) . The emphasis was to eliminate industrial and commercial uses from residential areas . The result was the creation of single use zoning and the elimination of second floor residential use in commercial zones which had been a common feature of cities for thousands of years . Shopkeepers often lived above their stores. While it can easily be demonstrated that high intensity commercial or industrial uses can disturb residential neighborhoods, there is little evidence that second floor residential conflicts with commercial activity. Due to their off-set peak hours, second floor residential probably creates less conflicts then professional offices which typically locate in second floor space. b. POSITIVE IMPACTS Second floor residences provide an obvious convenience, land use and economic efficiency for a commercial tenant 3 t STAFF REPORT ZOA 95-2, PP 95-7, CUP 95-11 DECEMBER 14, 1995 who wishes to live above his/her shop. It eliminates two commute trips . By repopulating commercial zones which are often ghost towns at night, mixed uses can promote evening activity resulting in positive economic impacts, increased vitality and security. C. RESTRICTIONS The positive aspects of second floor residential use are maximized where the resident is an owner or employee of the commercial use. There will also be less of a likelihood of conflicts where the resident has a direct interest in the commercial activity. Conversely, to place an employee occupancy restriction on the unit might economically preclude the use altogether. Mixed use properties could only be marketed to commercial tenants who also wanted to occupy the residential unit. If the building owner could not find that unique tenant, the residential unit would have to stay vacant. Such a restriction would so limit the available tenant pool to make the investment in the apartment extremely risky. Neither of the Cities of San Diego or Palo Alto have occupancy restrictions in their mixed use projects. Neither of these cities reported any specific problems with these projects . Staff does believe that there may be some locations or commercial situations which may not be conducive to mixed uses . Until we have more experience with the mixed use concept, staff would recommend that it be listed as a conditional use, but without any specific residential occupancy requirements . 2 . PRECISE PLAN/CONDITIONAL USE PERMIT It has long been a goal to replace banks on El Paseo with pedestrian friendly retail uses . The proposed remodel and unique art-oriented concept will significantly improve the retail environment on the east end of the street. The principal issues of concern involve the configuration and size of the parking areas and the perimeter wall. The project was reviewed by the architectural commission on October 24th and received preliminary architectural approval for the remodel and the new restaurant. They voiced concerns and recommended changes to the parking configuration. They 4 STAFF REPORT ZOA 95-2, PP 95-7, CUP 95-11 DECEMBER 14, 1995 felt the E1 Paseo parking lot was inappropriate and suggested that all parking be located in the rear of the property. They also recommended that the rear lot be redesigned with connections between the isles to allow internal circulation without having to exit back onto Larrea. At an earlier meeting the commission expressed concern about the design of the eight foot perimeter wall which is required for security. The commission ultimately accepted the wall based on the undulating design, landscaping and artwork to be included. Of primary land use concern is adequacy of parking supply. As indicated in the Project Data Summary, the strict interpretation of the parking ordinance would require 73 offsite parking spaces for the combination of restaurant, retail and residential use. The plan includes only 49 offstreet spaces . Due to the fact that the project covers an entire block, there exists an unusual number of on-street curb side spaces which bring the total available to the project to 71 . A typical E1 Paseo property would have only 6-8 on-street spaces. The applicant is requesting consideration of a shared use reduction of the restaurant parking requirement as permitted by code which has been granted to other retail/restaurant complexes . The commission has granted conditional use permits in commercial complexes meeting the normal retail parking standards where restaurants area was less than 20% of the total. In this case the proposed restaurant would total 24% of the commercial area. While the project would have a higher restaurant/retail ratio then normally approved, staff believes that the unique uses proposed and unusual supply of on-street parking justify approval. By its nature a jewelry store and art gallery will normally generate significantly lower parking demand then a typical retail use. Secondly, the existence of the large sculpture garden provides the city with a long term "insurance policy" guaranteeing that if in the future a problem develops, there will be room to create more parking. Staff agrees that the El Paseo parking arrangement is not the most desirable design solution. Given the applicant' s reputation and commitment to design a landscape and hardscape plan which creates the impression of an elegant courtyard, staff is willing to recommend approval of the concept. Consistent with both architectural commission and city 5 STAFF REPORT ZOA 95-2 , PP 95-7, CUP 95-11 DECEMBER 14, 1995 engineer recommendations, the rear parking lot should be redesigned to eliminate the dead end isle preferably with internal circulation. The proposal was reviewed by the Planning Commission on November 21, 1995 . The proposal was approved with the condition that the rear parking lot be redesigned to eliminate the dead end isle and increase the capacity to 51. on site spaces . The project was approved on a 3-1 vote (with Commissioner Jonathan voting no, Commissioner Ferguson absent) . Commission Jonathan expressed general support for the project but wanted to see the revised parking design and the elimination of the E1 Paseo frontage parking lot. D. SUMMARY: 1 . MIX USE AMENDMENT While it is unlikely that mixed commercial/residential projects will significantly impact the city' s housing supply, it will provide commercial property owners, tenants and the city a positive urban design alternative. The promotion of first floor street fronting retail use and the added vitality of the second floor residential use is consistent with the policies recommended in the Commercial Core Area Specific Plan and General Plan. 2 . PRECISE PLAN/CONDITIONAL USE PERMIT Although the project requires some special consideration staff believes that unique circumstances exist to justify approval of the request. ,, g �tr as - N,with a bank and parking lot on the ro erY t�_ f tayrr 'j�d"a s ` TLSp� 7ect will P g P P � . .-.g¢,. create a unique art �ciiit -a,=d--:: 1 perpetuation of the exist-hY411"k--use Prepared by: CIT-?R!4&CIL ACTION: Orig_ral cn File wllon City ,16�cn' s O�i-�: APPROVED DENIED RECEIVED OTHERS / &? Graic�FA _ o�P3Qa� /�zll' �PQS 7d�. � � 2dk� 1 'ae� Y^'r" .Li�7G Li=`i NOES , VER-IFIED4 Original on rile viit Cit= C1E .c A City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: . November 22, 1995 Mrs . Denise Roberge 73-520 E1 Paseo Palm Desert, California 92260 Re: /OA 95-2, PP 95-7, CUP 95-11 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 21, 1995 . PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF ZOA 95-2 AND APPROVED PP 95-7 AND CUP 95-11 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1715, SUBJECT TO CONDITIONS AS AMENDED. CARRIED 3-1-1 (COMMISSIONER JONATHAN VOTED NO, COMMISSIONER FERGUSON WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. PHILIP DRELL, ACTING SECRETARY PALM DESERT PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Poryd¢p Peppr .PLANNING COMMISSION RESOLUTION NO. 1715 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF. - A - ZONING- ORDINANCE AMENDMENT TO PERMIT MIXED RESIDENTIAWCOMMERCIAL USE C-1, PC AND OP COMMERCIAL ZONES, AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR THE REMODEL AND 6114 SQUARE FOOT ADDITION INCLUDING TWO RESIDENTIAL APARTMENTS TO AN EXISTING 8100 SQUARE FOOT BUILDING, SCULPTURE GARDEN FOR A 2760 SQUARE FOOT RESTAURANT WITH LIQUOR LICENSE AND 1380 SQUARE FOOT OUTDOOR PATIO ON 1.8 ACRES LOCATED ON THE SOUTH SIDE OF EL PASEO BETWEEN PORTOLA AVENUE AT PRICKLY PEAR LANE. CASE NOS. ZOA 95-2, PP 95-7, CUP 95-11 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of November, 1995, hold a duly noticed public hearing to consider the request of DENISE ROBERGE for the above described project; 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. 95-105, " in that the director of community development has determined that the project will not have a significant adverse impact and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify granting approval of said precise plan: ZONING ORDINANCE AMENDMENT 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 applicable specific plans. 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. PRECISE PLAN 1 . The creation of a pedestrian friendly retail/restaurant use in place of the existing bank implements policies of the Commercial Core Area Specific Plan and General Plan. PLANNING COMMISSION RESOLUTION NO. 1715 2 . The design of - the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4 . The precise plan will not endanger the public peace, health, safety or general welfare. CONDITIONAL USE PERMIT 1. The proposed location of the conditional use 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 conditional _ use 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 unusual supply of onstreet curb-side parking space and the unique land use proposed will result in adequate parking for the project now and into the future. 4 . The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. The proposed conditional use 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: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That a Negative Declaration of Environmental Impact, attached hereto as Exhibit "A", Precise Plan 95-7, and Conditional Use Permit 95-11 are hereby approved, subject to conditions. 3. That Zoning Ordinance Amendment 95-2, attached hereto as Exhibit "B" , is hereby recommended to city council for approval . 2 PLANNING COMMISSION RESOLUTION NO. 1715 -. PASSED, APPROVED and ADOPTED.. at a. regular- meeting of the Palm Desert Planning Commission, held on this 21st-day of November, 1995, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, BEATY NOES: JONATHAN ABSENT: FERGUSON ABSTAIN: NONE PAUL BE TY, Chairpers n ATTEST: PHILIP DRELL, Acting Secretary Palm Desert Planning Commission 3 1 PLANNING COMMISSION RESOLUTION NO. 1715 CONDITIONS OF APPROVAL CASE NOS. PP 95-7, CUP 95-I1 4 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 trash company and department of community development. 6 . All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 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. 4 PLANNING COMMISSION RESOLUTION NO. 1715 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4 . 10. 10 . Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 11. 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 . 12 . Applicant, with approval of the Department of Public Works, shall delineate the on-street curb side parking spaces shown on the plan. 13 . Applicant shall provide 51 onsite parking spaces. Rear parking shall be redesigned to eliminate the dead-end parking and provide through circulation as approved by the architectural review commission. 14 . If in the future parking demands of the project, as determined by the Planning Commission, consistently exceed the supply (both onsite and curb side) to the detriment of the surrounding area, then applicant shall be required to submit plans to the city for approval and construct additional on-site parking consistent with those demands or face revocation of this conditional use permit. 15 . The following issues shall be subject to further planning commission review if, as a result of staff concern or public complaint, are identified as problems : merchandise deliveries, trash pickup (hours and general logistics) , exterior lighting, restaurant odor control, hours of operation, and unforeseen noise impacts . 16 . Residential units are subject to city council approval of ZOA 95- 2 . If ZOA 95-2 is not approved, project can be developed without residential units. 5 PLANNING COMMISSION RESOLUTION NO. 1715 Department of Public Works: 1. Drainage fees, in accordance with Section 26 .49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. 2 . Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Full public improvements, as required by Sections 26 .40 and 26 .44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 4 . All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 5. Landscaping maintenance on all public street property frontages shall be the responsibility of the property owner. 6 . 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 the grading permit. 7 . Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 8. In accordance with Palm Desert Municipal Code Chapter 27,complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 9 . As required under Palm Desert Municipal Code Section 26 .28, and in accordance with Sections 26 .40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to removal of existing driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards. 6 PLANNING COMMISSION RESOLUTION NO. 1715 "As-built" . plans shall -:be submitted to, .and approved by, the Director of Public Works prior to the acceptance of the improvements .by the City. - 10. As required under Section 12. 16 and 26 .44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety .in an amount equal to the estimated construction costs for the subject undergrounding. 11. Size, number and location of driveways shall be to the specifications of the Department of Public Works with five driveway approaches permitted to serve this property. Access from El Paseo and Portola shall be limited to right turn ingress only. Prickly Pear Lane and the easterly Larrea Street entry shall be limited to right turn egress only. Access controls shall be achieved through a combination of physical improvements and signage. 12 . Grading permit issuance shall be subject to the waiver of parcel map for parcel consolidation first being approved and recorded. As part of the waiver of parcel map process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties . 13. Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14 . Proposed perimeter wall configuration shall be no closer than eight feet (81 ) from the existing back of curb. Applicant shall secure the necessary encroachment permit including appropriate insurance coverage, as well as any other required permits, for those portions of the wall located within existing public rights- of-way. 15. On-site circulation shall be modified to eliminate dead end drive isle. Provisions for vehicle turn around area may satisfy this requirement. The westerly Larrea Street access shall provide for a minimum "throat" depth of twenty-four feet (24 ' ) . 16 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at time of building permit issuance. 7 PLANNING COMMISSION RESOLUTION NO. 1715 Riverside County Fire Marshal : 1. 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 3000 gpm for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 3. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/211) , located not less than 25 ' nor more than 150 ' from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s ) in the system. 4 . Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a final inspection. 5. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform. to fire hydrant types, location .and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer or may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. The system has been designed to provide a minimum flow of 3000 gallons per minute. " 6 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 8 PLANNING COMMISSION RESOLUTION NO. 1715 7 . Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25 ' from the building and within 50 ' of an approved Super hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs ,which are sprinklered as per NFPA 13 . The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s) . Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 9 . Certain designated areas will be required to be maintained as fire e clearly marked b painting and/or signs as lanes and shall b y y p g g approved by the fire marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30 ' with the following: No Parking Fire Lane - PDMC 15 . 16 . 090. 10 . Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72 . Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec . 14 . 103(a) ) 11 . Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 12 . 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 be not less than 24 ' of unobstructed width and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32 ' wide with parking on one side. Dead- end roads in excess of 150 ' shall be provided with a minimum 45 ' radius turn around (55' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10 ' diameter. City standards may be more restrictive. 13. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be 9 PLANNING COMMISSION RESOLUTION -NO. 1715 - made to facilitate , access, by emergency vehicles in a manner approved by the fire department. All controlled. access devices that are power operated shall have a Knox Box over-ride system capable of opening the- gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 16 ' with a minimum vertical clearance of 13 ' 6" . 14 . Contact the fire department for a final inspection prior to occupancy. 15. Commercial buildings shall have illuminated addresses of a size approved by the city. 16 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal ' s office for submittal requirements. 17 . Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 18 . Other: The 6114 sq. ft. addition will require that the total building be fire sprinklered. The restaurant itself is less than 3000 sq. ft. and will not have to be fire sprinklered, if however the patio covering has a solid roof it will be added to the square footage of the restaurant and both will have to be fire sprinklered. 10 PLANNING-.COMMISSION RESOLUTION-.NO. 1715 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: ZOA 95-2, PP 95-7, CUP 95-11 APPLICANT/PROJECT SPONSOR: Denise Roberge 73-520 El Paseo Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A mixed residential/commercial use in the general commercial zone, precise plan for the remodel and 6114 square foot addition including two residential apartments to an existing 8100 square foot building, sculpture garden and conditional use permit for a 2760 square foot restaurant with liquor license and 1380 square foot outdoor patio on 1 . 8 acres located on the south side of E1 Paseo between Portola Avenue at Prickly Pear Lane. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. =]PL O� � � November 21, 1995 PHILIP DRELL DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 11 i PLANNING COMMISSION RESOLUTION NO. 1715 -- EXHIBIT B -" C-1 ZONE 25 .28.030 Conditional Uses. add: M. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. p 2Y,tee, bqo j--N- PC ZONE 25.30.020 Uses permitted by approved precise plan or conditional use permit. The following uses are permitted upon approval. A. District commercial center (PC2) : Such uses include but are not limited to supermarket, professional offices, variety store, drugstore, banks, hotels, and restaurants, except drive-in or drive-through amusement and recreation establishments including but not limited to theater and amusement arcades . Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2 . If the applicant is refused a conditional use permit, the individual shall reduce the number of said games to four within sixty days of denial of permit request. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. B. Regional center (PC3) : Such uses include but are not limited to supermarkets less than twenty thousand gross square feet, department stores, banks, variety stores, 12 PLANNING COMMISSION RESOLUTION. NO. 1715 professional offices, restaurants, except. drive-in or drive-through, and general retail uses, amusement and recreation 'establishments including but not limited to theater and amusement arcades. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this` subsection, or reduce the number of said games to four. 2 . If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty Aoys of denial of permit request. C. Resort center (PC4) : Hotels, restaurants, except drive-in or drive-through, entertainment facilities and related commercial uses. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. /� As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted br approved conditional uses on the first floor or in the vicinity. D. Specialty commercial center (PC1) : Medical related offices and research facilities, hotel facilities, and ancillary convenience commercial uses. / As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. OFFICE PROFESSIONAL ZONE 25 .25 .014 Permitted uses subject to conditional use permit. add: H. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. 13