HomeMy WebLinkAboutRes No 2787PLANNING COMMISSION RESOLUTION NO. 2787
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO
CONVERT THE FORMER OIL CHANGE BUILDING INTO A DESIGN
SHOWROOM, INCLUDING A NEW 1,810-SQUARE-FOOT ADDITION FOR
H3K DESIGN LOCATED AT 74180 HIGHWAY 111, AND APPROVAL OF A
NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO. PP 21-0003
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 61h day of April 2021, hold a duly noticed public hearing to consider the request by H3K
Design, LLC, for approval of the above -noted project request; and
WHEREAS, according to the CEQA, the City must determine whether a proposed
activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a
preliminary assessment of the project to determine whether the project is exempt from CEQA
review. If a project is not exempt, further environmental review is necessary. The application
has complied with the requirements of the "City of Palm Desert Procedure for Implementation
of the CEQA," Resolution No. 2019-41, in the Director of Community Development has
determined that the proposed project is an Article 19 Class 32: Infill Development Projects
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the project maintains a land -use pattern that provides an attractive
building design that will help update the 111 corridor; and
WHEREAS, the project meets the intent and purpose of the Downtown District within
the General Plan by providing retail development along and around major intersections such
as Highway 111 that will serve the residents of the community; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
Commission did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request:
1. The proposed project conforms to the Downtown Core Overlay District (DO) zoning
by allowing a design showroom.
2. The project complies with the following development standards including setbacks,
building height, lot coverage, and land use compatibility. The project does not
comply with the parking standards for a retail use. As part of the Precise Plan, the
Planning Commission may modify the development standards including parking,
and staff is recommending a modification based on the nature of the business
being a showroom and not a typical retail store.
PLANNING COMMISSION RESOLUTION NO.2787
3. The building as designed offers an upscale architectural design that reflects the
Development Code.
NOW, THEREFORE, BE IT ORDAINED 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
Planning Commission in this case.
2. That the Planning Commission does hereby approve the Precise Plan, as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 611 day of April 2021, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:,/���
ERIC CEJA, S RETARY
PALM DESERT'PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO.2787
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CONDITIONS OF APPROVAL
CASE NOS: PP 21-0003
DEPARTMENT OF COMMUNITY DEVELOPMENT:
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. The Precise Plan shall expire, if construction of the said project shall not commence within
two years 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. Any proposed changes to this Precise Plan will require an amendment to the application,
which will result in a new public hearing.
4. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Department of Community Development.
5. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved project and all Palm Desert
Municipal ordinances and state and federal statutes now in force, or which hereafter may
be in force.
6. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Building & Safety Department
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action, or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
8. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2787
9. The applicant shall submit lighting plans in accordance with Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
10. The property shall be maintained in accordance with landscape maintenance
requirements contained in the Palm Desert Municipal Code.
11. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
DEPARTMENT OF PUBLIC WORKS:
Prior to issuance of a grading permit:
12. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil plans must be reviewed for approval prior
to work commencing.
13. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
14. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
15. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
16. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvements shall include, but are not limited to:
A. The removal of a driveway on Cabrillo Way and the replacement of curb, gutter, and
sidewalk.
BUILDING AND SAFETY DEPARTMENT:
17. This project shall comply with the latest adopted edition of the following codes.
A. 2019 California Building Code and its appendices and standards.
B. 2019 California Plumbing Code and its appendices and standards.
C. 2019 California Mechanical Code and its appendices and standards.
D. 2019 California Electrical Code.
E. 2019 California Energy Code.
F. 2019 California Green Building Standards Code.
G. 2019 California Administrative Code.
H. 2019 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2787
18. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1351.
19. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10.
20. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
21. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
22. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required
to be accessible. Please obtain a detail from the Department of Building and Safety.
23. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per Palm desert Municipal Code, Title 5.
24. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
25. Address numerals shall comply with Palm Desert Ordinance No. 1351 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1351 regarding street address location,
dimension, a stroke of line, distance from the street, height from grade, height from the street,
etc. shall be shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render the building
address unreadable shall be addressed during the plan review process. You may request a
copy of Ordinance 1351 or Municipal Code Section 15.28 from the Department of Building
and Safety counter staff.
26. Please contact Tameca Williams, Management Specialists II, at the Department of Building
and Safety (760-776-6420) regarding the addressing of all buildings and/or suites.
FIRE DEPARTMENT:
27. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes that are
in force at the time of building plan submittal.
28. The proposed project may have a cumulative adverse impact on the Fire Department's
ability to provide an acceptable level of service. These impacts include an increased
number of emergency and public service calls due to the increase presence of structures,
traffic, and population. The project proponents/developers will be expected to provide for
a proportional mitigation to these impacts via capital improvements and/or impact fees.
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PLANNING COMMISSION RESOLUTION NO. 2787
29. Fire Department emergency vehicle apparatus access road location and design shall be
in accordance with the current California Fire Code, City of Palm Desert Municipal Code,
and Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
30. Fire Department water systems(s) for fire protection shall be in accordance with the
current California Fire Code, City of Palm Desert, and Riverside County Fire Department
Standards. Plans must be submitted to the Fire Department for review and approval prior
to building permit issuance.
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