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Res 04-17 APN 607-070-017 at 78078 Country Club Drive
CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of a City Council Request for Review of a decision of the Planning Commission approving a conditional use permit for a master plan of development for a drive-thru restaurant (Wendy's) and a sit-down restaurant, and a precise plan of design for the Wendy's restaurant (including drive-thru), on property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: Fountainhead Shrugged LLC 1400 Quail Street, Suite 135 Newport Beach, CA 92660 CASE NO: MP/CUP/PP 03-18 DATE: February 26, 2004 CONTENTS: Draft Resolution Legal Notice Comments from city departments and other agencies Planning Commission Resolution No. 2248 Planning Commission Staff Report dated January 20, 2004 ARC Minutes dated November 10 and December 9, 2003 Request for City Council Review Form Plans and Exhibits Recommendation: That the City Council affirm the action of the Planning Commission and adopt Resolution No. 04-17 approving MP/CUP/PP 03-18, subject to conditions. Staff Report Case No. MP/CUP/PP 03-18 Page 2 February 26, 2004 Background: The property is a vacant 3.99-acre site located at the northwest corner of Country Club Drive and Washington Street. The site is generally flat and is bounded on the north by the railway right-of-way and tamarisk trees. To the west is a recently completed retail center which includes a Wells Fargo Bank, a car wash, a Gold's Gym and a self storage facility. The site is included in the Freeway Commercial Overlay District. City Council will recall that this overlay district was created in 1997 to add certain otherwise non permitted uses in the permitted base zone uses for properties near freeway access points. In 1999 the City processed an application for a drive-thru restaurant (Jack in the Box), convenience store, gas bar, and mini storage facility. That applicant was approved by Planning Commission and then upon an appeal to the City Council the request was denied based on a lack of common public open space. Adjacent Zoning and Land Use North: Railroad and 1-10 Freeway South: PC-2 / Mobil Station East: CPS / Retail Center West: PC-2 / Retail Center Planning Commission Action At the January 20, 2004 Planning Commission hearing one resident spoke in opposition to the fast food restaurant. The Planning Commission on a 4-1 vote (Commissioner Finerty voting nay) approved the application. Commissioner Finerty expressed concern that the drive-thru lane would be visible from the elevated portion of Washington Street. Commission determined that the applicant through the design and layout had screened the drive-thru as much as was feasible given the existing topography. Staff Report Case No. MP/CUP/PP 03-18 Page 3 February 26, 2004 Analysis a. Master Plan of Development and Precise Plan The southerly 1 .75 acres of the property, Phase 1 , will have two restaurant buildings with a total of 7,218 square feet and will provide 83 parking spaces. On the corner at Washington and Country Club a drive-thru Wendy's is proposed at 3,218 square feet. To the west at the corner of Desert Country Circle and Country Club Drive a 4,000 square foot sit-down restaurant is proposed. The northerly 2.22 acres are unplanned at this time, but is assured access from the north end of Desert Country Circle or through the east-west onsite driveway. In the previous plan this area was shown as a mini storage facility. It could certainly become that again in the future once the recently constructed mini storage space in the area is absorbed. Access and Circulation The project will take its access from the east side of Desert Country Circle which intersects Country Club Drive with right ingress, right egress and a left ingress from eastbound Country Club Drive. No left turn movement is permitted from southbound Desert Country Circle. Drivers wishing to go to eastbound Country Club Drive will need to proceed west to the signal at Harris Lane and perform a "U" turn at that point. Circulation on the site is adequate with parking located along the north end of this area and a double row of parking between the two buildings. Access / Circulation to the Drive-Thru At the insistence of staff and ARC, the applicant has designed the drive-thru facility so that it is located across the north side of the building, thereby eliminating its view from Country Club Drive. The drive-thru lane access begins at the northeast corner of the site. This lane then extends south and runs parallel to Washington Street then it turns west and runs across the north side of the Wendy's building. There is stacking for eight cars in the drive-thru lane. Staff Report Case No. MP/CUP/PP 03-18 Page 4 February 26, 2004 Parking The two restaurants have a parking requirement of 78 spaces. The site plan provides 83 spaces. CODE PROVIDED Wendy's - 3,218 sq.ft. 33.27 Sit-Down Restaurant 4,000 sq.ft.* 45 78 spaces 83 spaces * Restaurant parking requirement = 10 per 1 ,000 square feet for first 3,000 square feet and 15 per 1 ,000 thereafter. Architecture and Landscaping At this time we have preliminary architectural plans for Wendy's. No plans are available for the sit-down restaurant on the west side of the site. The request was before ARC at two meetings. December 9, 2003 the current architectural plans were given preliminary approval. (See minutes of November 10, 2003 and December 9, 2003 enclosed.) The architectural style is a contemporary look with extensive use of accent ledge stone and green metal trellises. The architect has incorporated materials which are included in the recently completed Wells Fargo Bank building on the west side of Desert Country Circle. The architectural theme is conditioned to be extended to the remainder of the site when it develops. The Freeway Commercial Overlay zone standards require a minimum of at least 30% landscaped open space. The plan as presented provides 11 ,780 square feet of landscaping (31 % of the 37,600 square foot fast food site). b. Art in Public Places The applicant has contacted the public art manager and discussed various options to meet the ordinance. The applicant advises that they intend to incorporate art into the site plan. There is ample room to accomplish this. Staff Report Case No. MP/CUP/PP 03-18 Page 5 February 26, 2004 c. Day Care This project will create jobs for persons in various businesses. Many of these jobs will fall into the lower income category. Day care services will be needed for children of these employees. The project has been conditioned to pay a day care mitigation fee if one is enacted by the City prior to issuance of permits for this project. Code Requirements in Chart Form: CODE PROVIDED WENDY'S Washington Street Setback 32 feet 32 feet Country Club Drive Setback 32 feet 42-47 feet Building Height 30 feet 22 feet 6 inches Building Coverage 50% 9.4% Car Stacking 7 spaces 8 spaces SIT-DOWN RESTAURANT Country Club Drive Setback 32 feet 32 feet Desert Country Circle Setback 20 feet 20 feet Conclusion The proposal at this time is an attractive drive-thru restaurant (Wendy's) to be located on the Country Club / Washington Street corner of the property with a sit-down restaurant to the west. This is a superior proposal to the previous Jack in the Box, convenience store, gas station proposal which was recommended for approval to the City Council. This proposal provides improved architecture and reduced traffic. The previous proposal included self storage on the north end of the site. Given the extensive amount of self storage constructed recently on the south side of Country Club and in the retail center to the west, it is doubtful that the two-acre facility would have been viable or competitive. Rather than just show self storage again to fill out the site plan, the applicant has left the area unplanned but has provided for adequate Staff Report Case No. MP/CUP/PP 03-18 Page 6 February 26, 2004 access to the area. When the applicant has a proposal for that area, he will need to file for an amendment to this approval. The development standards require that the drive-thru lane and window facility be designed so as not to be visible from an arterial street. The drive-thru lane is located on the east edge of the property with the window on the north side of the building. Both Country Club Drive and Washington Street are arterial streets. Screening the drive-thru from Washington Street is difficult due to the elevation where Washington Street goes over the railroad. Architectural Review Commission required certain changes (i.e., increase in landscape depth along Washington Street and architectural trellises on the east and north side of the building). These changes will help to screen the drive-thru from view. CEQA Review The property is surrounded by developed properties to the east, west and south and by the railway and freeway to the north. The site has experienced extensive previous disturbance which eliminates its value as habitat for endangered, rare or threatened species. This disturbance occurred when Washington Street existed on the west side of the site (presently Desert Country Circle and as part of the Washington Street interchange project in the early 1990's). The project is within the fee area established by the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan. It is also in the historical habitat of a number of other plant and animal species being considered for listing as threatened or endangered. To avoid their future listing, a Multi Species Habitat Conservation Plan (MSHCP) is being prepared through CVAG which will provide long-term protection through the creation of preserves. The project as proposed is a Class 32 Categorical Exemption (infill projects) for the purposes of CEQA. A $600/acre fee will be imposed to mitigate the loss of Fringe- Staff Report Case No. MP/CUP/PP 03-18 Page 7 February 26, 2004 Toed Lizard Habitat. The project will also be subject to any additional mitigation requirements of the MSHCP which may be in effect at the time of development. Submitted by: Department Head: S e e Smith PAil Drell Planning Manager Director of Community Development Approval. Approval: Homer Croy Carlos L. Orte ACM for Deve ent Services City Manager * Approved the project as presented CITY COUNCILTION: at this meeting, adopting Resolution APPROVED DENIED NO. 04-17 to reflect such approval. RECEIVED OTHER 5-0 MEETIM,15 -cZ —13 AYES: v NOES. AltAkS- ABSENT: Nt ABSTAIN: A I VERIFIED BY: tl (Wpdocs\tm\sr\pp03-18.cc) Original on Fi] " ith ity Clerk' s Office RESOLUTION NO. 04-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE- THRU RESTAURANT (WENDY'S), A SIT DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. CASE NO. MP/CUP/PP 03-18 WHEREAS, the Planning Commission by its Resolution No. 2248 has approved the above noted cases; and WHEREAS, a timely request for City Council review of the Planning Commission decision was filed by a City Council member; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of February, 2004, hold a duly noticed public hearing to consider the request of FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development and approval of a precise plan of design; and WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay Zone some of the uses in the master plan require approval of a conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption for purposes of CEQA (infill project) and no further review is necessary; 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 to justify its actions, as described below: Master Plan of Development: 1 . The proposed location of the master plan/conditional use master plan of development 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 master plan/conditional use master plan of development 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 master plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. RESOLUTION NO. 04-17 4. The proposed master plan/conditional use complies with the goals, objectives and policies of the City's adopted General Plan. Precise Plan 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That approval of Master Plan/Conditional Use Permit 03-18 for the master plan and precise plan are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of February, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 04-17 CONDITIONS OF APPROVAL CASE NO. MP/CUP/PP 03-18 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. That all future development on this site shall first obtain approval of a precise plan of design for that portion of the project. Said precise plans to be consistent with the provisions of this master plan of development as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth 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 and the Freeway Commercial Overlay Zone. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by a qualified lighting engineer. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 3 RESOLUTION NO. 04-17 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 the 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 12. That prior to approval of any precise plan on any parcel the applicant must demonstrate compliance with all codeprovisions (i.e., parking, setbacks, height andsuch p p g, g other matters), conditions contained in this resolution and adequate access to that portion of the site. 13. That the landscaping adjacent to Washington Street and Country Club Drive shall be installed as part of the first development to occur on the site. 14. That the building architecture as given preliminary approval by Architectural Review Commission December 9, 2003 shall be the architectural theme for the remainder of the master plan. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 16. Applicant shall pay a Day Care Mitigation Fee if and when one is implemented by City Council pursuant to a nexus study. 17. That development on the north portion of the master plan, the unplanned area, is subject to obtaining approval of a precise plan of design from the Planning Commission. Department of Public Works: 1 . Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. Undeveloped condition for a 100-year storm. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system. 4 RESOLUTION NO. 04-17 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of permits. grading 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 11 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network. Those improvements shall include, but not be limited to, the following: * Dedication and improvement of a 55' half section of Country Club Drive (34 feet of pavement, 9' median and 12' parkway-8' sidewalk) * Additional 10' of pedestrian/landscape easement shall be provided * Right turn only lane required on Country Club Drive * Free right turn lane shall be constructed from Washington Street to Country Club Drive * Construction of landscaped center median on Country Club Drive 5 RESOLUTION NO. 04-17 * Dedication and improvement of a 30' half section of Desert Country Circle (20' of pavement, 10' parkway and 6' curbside sidewalk) if kept a public street. If a private street is proposed, then the current 30' pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. 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. 12. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 13. No permits associated with this project shall be issued prior to the recordation of the map on which the subject project is located. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating 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 flow of 3,000 gpm for commercial buildings (each building). 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' 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 s 3000 square foot total cumulative floor area. The Fire Marshall shall approve the locations of all post indicator valves and fire department connections. All valves anc connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 6 RESOLUTION NO. 04-17 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 as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single family residential usage. 11 . All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is 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. 12. This project may require licensing by a state or county agency, to facility plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1 . This project will need to open to other Phase II. City Council Condition: 1 . The Art in Public Places fee shall be $20,000. 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE- THRU RESTAURANT (WENDY'S), A SIT DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. CASE NO. MP/CUP/PP 03-18 WHEREAS, the Planning Commission by its Resolution No. 2248 has approved the above noted cases; and WHEREAS, a timely request for City Council review of the Planning Commission decision was filed by a City Council member; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of February, 2004, hold a duly noticed public hearing to consider the request of FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development and approval of a precise plan of design; and WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay Zone some of the uses in the master plan require approval of a conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption for purposes of CEQA (infill project) and no further review is necessary; 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 to justify its actions, as described below: Master Plan of Development: 1 . The proposed location of the master plan/conditional use master plan of development 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 master plan/conditional use master plan of development 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 master plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. RESOLUTION NO. 4. The proposed master plan/conditional use complies with the goals, objectives and policies of the City's adopted General Plan. Precise Plan 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That approval of Master Plan/Conditional Use Permit 03-18 for the master plan and precise plan are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. MP/CUP/PP 03-18 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. That all future development on this site shall first obtain approval of a precise plan of design for that portion of the project. Said precise plans to be consistent with the provisions of this master plan of development as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth 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 and the Freeway Commercial Overlay Zone. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by a qualified lighting engineer. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 3 RESOLUTION NO. 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 the 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 12. That prior to approval of any precise plan on any parcel the applicant must demonstrate compliance with all code provisions (i.e., parking, setbacks, height and other such matters), conditions contained in this resolution and adequate access to that portion of the site. 13. That the landscaping adjacent to Washington Street and Country Club Drive shall be installed as part of the first development to occur on the site. 14. That the building architecture as given preliminary approval by Architectural Review Commission December 9, 2003 shall be the architectural theme for the remainder of the master plan. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 16. Applicant shall pay a Day Care Mitigation Fee if and when one is implemented by City Council pursuant to a nexus study. 17. That development on the north portion of the master plan, the unplanned area, is subject to obtaining approval of a precise plan of design from the Planning Commission. Department of Public Works: 1 . Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. Undeveloped condition for a 100-year storm. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system. 4 RESOLUTION NO. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 1 1 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network. Those improvements shall include, but not be limited to, the following: * Dedication and improvement of a 55' half section of Country Club Drive (34 feet of pavement, 9' median and 12' parkway-8' sidewalk) * Additional 10' of pedestrian/landscape easement shall be provided * Right turn only lane required on Country Club Drive * Free right turn lane shall be constructed from Washington Street to Country Club Drive * Construction of landscaped center median on Country Club Drive 5 RESOLUTION NO. Dedication and improvement of a 30' half section of Desert Country Circle (20' of pavement, 10' parkway and 6' curbside sidewalk) if kept a public street. If a private street is proposed, then the current 30' pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. 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. 12. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 13. No permits associated with this project shall be issued prior to the recordation of the map on which the subject project is located. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating 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 flow of 3,000 gpm for commercial buildings (each building). 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' 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 s 3000 square foot total cumulative floor area. The Fire Marshall shall approve the locations of all post indicator valves and fire department connections. All valves anc connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 6 RESOLUTION NO. 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 as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single family residential usage. 11 . All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is 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. 12. This project may require licensing by a state or county agency, to facility plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1 . This project will need to open to other Phase II. 7 PLANNING COMMISSION RESOLUTION NO. 2248 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE-THRU RESTAURANT (WENDY'S), A SIT DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. CASE NO. MP/CUP/PP 03-18 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of January, 2004, hold a duly noticed public hearing to consider the request of FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development and approval of a precise plan of design; and WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay Zone some of the uses in the master plan require approval of a conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption for purposes of CEQA (infill project) and no further review is necessary; 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 to justify its actions, as described below: Master Plan of Development: 1 . The proposed location of the master plan/conditional use master plan of development 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 master plan/conditional use master plan of development 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 master plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. PLANNING COMMISSION RESOLUTION NO. 2248 4. The proposed master plan/conditional use complies with the goals, objectives and policies of the City's adopted General Plan. Precise Plan 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Master Plan/Conditional Use Permit 03-18 for the master plan and precise plan are hereby granted, subject to the attached conditions. PASSED,--APPROVED and-ADOPTED ata regular meetirij__6f the Palm Dag-en- - Planning Commission, held on this 20th day of January, 2004, by the following vote, to wit: AYES: JONATHAN, LOPEZ, TSCHOPP, CAMPBELL NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ,!`/ -� ,lx SONIA M. CAMPBELL, Chairperson ATTES � PHILIP DRELL Secretary Palm Desert P nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2248 CONDITIONS OF APPROVAL CASE NO. MP/CUP/PP 03-18 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. That all future development on this site shall first obtain approval of a precise plan of design for that portion of the project. Said precise plans to be consistent with the provisions of this master plan of development as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth 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 and the Freeway Commercial Overlay Zone. 3 PLANNING COMMISSION RESOLUTION NO. 2248 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by a qualified lighting engineer. 8. 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 the 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 12. That prior to approval of any precise plan on any parcel the applicant must demonstrate compliance with all code provisions (i.e., parking, setbacks, height and other such matters), conditions contained in this resolution and adequate access to that portion of the site. 13. That the landscaping adjacent to Washington Street and Country Club Drive shall be installed as part of the first development to occur on the site. 14. That the building architecture as given preliminary approval by Architectural Review Commission December 9, 2003 shall be the architectural theme for the remainder of the master plan. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 16. Applicant shall pay a Day Care Mitigation Fee if and when one is implemented by City Council pursuant to a nexus study. 4 PLANNING COMMISSION RESOLUTION NO. 2248 17. That development on the north portion of the master plan, the unplanned area, is subject to obtaining approval of a precise plan of design from the Planning Commission. Department of Public Works: 1 . Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. Undeveloped condition for a 100-year storm. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF1. Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 5 PLANNING COMMISSION RESOLUTION NO. 2248 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 11 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network. Those improvements shall include, but not be limited to, the following: * Dedication and improvement of a 55' half section of Country Club Drive (34 feet of pavement, 9' median and 12' parkway-8' sidewalk) * Additional 10' of pedestrian/landscape easement shall be provided * Right turn only lane required on Country Club Drive * Free right turn lane shall be constructed from Washington Street to Country Club Drive * Construction of landscaped center median on Country Club Drive * Dedication and improvement of a 30' half section of Desert Country Circle (20' of pavement, 10' parkway and 6' curbside sidewalk) if kept a public street. If a private street is proposed, then the current 30' pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. 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. 12. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 13. No permits associated with this project shall be issued prior to the recordation of the map on which the subject project is located. 6 PLANNING COMMISSION RESOLUTION NO. 2248 Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating 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 flow of 3,000 gpm for commercial buildings (each building). 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' 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 s 3000 square foot total cumulative floor area. The Fire Marshall shall approve the locations of all post indicator valves and fire _department- connections. All valves anc connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 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 as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single family residential usage. 7 PLANNING COMMISSION RESOLUTION NO. 2248 11 . All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is 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. 12. This project may require licensing by a state or county agency, to facility plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1 . This project will need to open to other Phase II. 8 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 20, 2004 CASE NO: MP/CUP/PP 03-18 REQUEST: Approval of a conditional use permit for a master plan of development for a drive-thru restaurant (Wendy's) and a sit-down restaurant, and a precise plan of design for the Wendy's restaurant (including drive-thru), on property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. APPLICANT: Fountainhead Shrugged LLC 1400 Quail Street, Suite 135 Newport Beach, CA 92660 BACKGROUND: The property is a vacant 3.99-acre site located at the northwest corner of Country Club Drive and Washington Street. The site is generally flat and is bounded on the north by the railway right-of-way and tamarisk trees. To the west is a recently completed retail center which includes a Wells Fargo Bank, a car wash, a Gold's Gym and a self storage facility. The site is included in the Freeway Commercial Overlay District. Commission will recall that this overlay district was created in 1997 to add certain otherwise non permitted uses in the permitted base zone uses for properties near freeway access points. In 1999 the City processed an application for a drive-thru restaurant (Jack in the Box), convenience store, gas bar, and mini storage facility. The applicant withdrew the request prior to City Council action on the request. ADJACENT ZONING AND LAND USE: North: Railroad and 1-10 Freeway South: PC-2 / Mobil Station East: CPS / Retail Center West: PC-2 / Retail Center STAFF REPORT CASE NO. MP/CUP/PP 03-18 JANUARY 20, 2004 II. ANALYSIS: A. MASTER PLAN OF DEVELOPMENT AND PRECISE PLAN The applicant has provided a site plan for 1 .75 acres of the 3.99 acre site. The northerly 2.22 acres are unplanned at this time, but is assured access from the north end of Desert Country Circle or through the east- west onsite driveway. In the previous plan this area was shown as a mini storage facility. It could certainly become that again in the future once the recently constructed mini storage space in the area is absorbed. The southerly 1 .75 acres of the property, Phase 1 , will have two restaurant buildings with a total of 7,218 square feet and will provide 83 parking spaces. On the corner at Washington and Country Club a drive- thru Wendy's is proposed at 3,218 square feet. To the west at the corner of Desert Country Circle and Country Club Drive a 4,000 square foot sit-down restaurant is proposed. B. ACCESS AND CIRCULATION The project will take its access from the east side of Desert Country Circle which intersects Country Club Drive with right ingress, right egress and a left ingress from eastbound Country Club Drive. No left turn movement is permitted from southbound Desert Country Circle. Drivers wishing to go to eastbound Country Club Drive will need to proceed west to the signal at Harris Lane and perform a "U" turn at that point. Circulation on the site is adequate with parking located along the north end of this area and a double row of parking between the two buildings. Access / Circulation to the Drive-Thru At the insistence of staff and ARC, the applicant has designed the drive- thru facility so that it is located across the north side of the building, thereby eliminating its view from Country Club Drive. The drive-thru lane access begins at the northeast corner of the site. This lane then extends south and runs parallel to Washington Street then it turns west and runs 2 STAFF REPORT CASE NO. MP/CUP/PP 03-18 JANUARY 20, 2004 across the north side of the Wendy's building. There is stacking for eight cars in the drive-thru lane. B. PARKING The two restaurants have a parking requirement of 78 spaces. The site plan provides 83 spaces. CODE PROVIDED Wendy's - 3,218 sq.ft. 33.27 Sit-Down Restaurant 4,000 sq.ft.* 45 78 spaces 83 spaces * Restaurant parking requirement = 10 per 1 ,000 square feet for first 3,000 square feet and 15 per 1 ,000 thereafter. C. ARCHITECTURE AND LANDSCAPING At this time we had preliminary architecture plans for Wendy's. No plans are available for the sit-down restaurant on the west side of the site. The request was before ARC at two meetings. December 9, 2003 the current architectural plans were given preliminary approval. (See minutes of November 10, 2003 and December 9, 2003 enclosed.) The architectural style is a contemporary look with extensive use of accent ledge stone and green metal trellises. The architect has incorporated materials which are included in the recently completed Wells Fargo Bank building on the west side of Desert Country Circle. The architectural theme will be extended to the remainder of the site when it develops. The Freeway Commercial Overlay zone standards require a minimum of at least 30% landscaped open space. The plan as presented provides 11 ,780 square feet of landscaping (31 % of the 37,600 square foot fast food site). 3 STAFF REPORT CASE NO. MP/CUP/PP 03-18 JANUARY 20, 2004 D. ART IN PUBLIC PLACES The applicant has contacted the public art manager and discussed various options to meet the ordinance. The applicant advises that they intend to incorporate art into the site plan. There is ample room to accomplish this. E. DAY CARE This project will create jobs for persons in various businesses. Many of these jobs will fall into the lower income category. Day care services will be needed for children of these employees. Staff recommends that the applicant pay a day care mitigation fee in the amount of $10,000. F. CODE REQUIREMENTS IN CHART FORM CODE PROVIDED WENDY'S Washington Street Setback 32 feet 32 feet Country Club Drive Setback 32 feet 42-47 feet Building Height 30 feet 32 feet Building Coverage 50% 9.4% SIT-DOWN RESTAURANT Washington Street Setback 32 feet 25 feet * Desert Country Circle Setback 20 feet 10 feet * Car Stacking 7 spaces 8 spaces * The sit-down restaurant has not yet been designed so the setback issues can be addressed through building design and reorienting it (i.e., turning it to parallel Desert Country Circle). III. CONCLUSION: The proposal at this time is an attractive drive-thru restaurant (Wendy's) to be located on the Country Club / Washington Street corner of the property with a 4 STAFF REPORT CASE NO. MP/CUP/PP 03-18 JANUARY 20, 2004 sit-down restaurant to the west. This is a superior proposal to the previous Jack in the Box, convenience store, gas station proposal which was recommended for approval to the City Council. This proposal provides improved architecture and reduced traffic. The previous proposal included self storage on the north end of the site. Given the extensive amount of self storage constructed recently on the south side of Country Club and in the retail center to the west, it is doubtful that the two-acre facility would have been viable or competitive. Rather than just show self storage again to fill out the site plan, the applicant has left the area unplanned but has provided for adequate access to the area. When the applicant has a proposal for that area, he will need to file for an amendment to this approval. The development standards require that the drive-thru lane and window facility be designed so as not to be visible from an arterial street. The drive-thru lane is located on the east edge of the property with the window on the north side of the building. Both Country Club Drive and Washington Street are arterial streets. Screening the drive-thru from Washington Street is difficult due to the elevation where Washington Street goes over the railroad. Architectural Review Commission required certain changes (i.e., increase in landscape depth along Washington Street and architectural trellises on the east and north side of the building). These changes will help to screen the drive-thru from view. IV. CEQA REVIEW: The property is surrounded by developed properties to the east, west and south and by the railway and freeway to the north. The site has experienced extensive previous disturbance which eliminates its value as habitat for endangered, rare or threatened species. This disturbance occurred when Washington Street existed on the west side of the site (presently Desert Country Circle and as part of the Washington Street interchange project in the early 1990's). The project is within the fee area established by the Coachella Valley Fringe- Toed Lizard Habitat Conservation Plan. It is also in the historical habitat of a number of other plant and animal species being considered for listing as threatened or endangered. To avoid their future listing, a Multi Species Habitat 5 STAFF REPORT CASE NO. MP/CUP/PP 03-18 JANUARY 20, 2004 Conservation Plan (MSHCP) is being prepared through CVAG which will provide long-term protection through the creation of preserves. The project as proposed is a Class 32 Categorical Exemption (infill projects) for the purposes of CEQA. A $600/acre fee will be imposed to mitigate the loss of Fringe-Toed Lizard Habitat. The project will also be subject to any additional may mitigation requirements of the MSHCP whichbe in effect at the time of 9 G development. V. RECOMMENDATION: That the Planning Commission approve Case No. MP/CUP/PP 03-18, a master plan of development for a drive-thru restaurant (Wendy's), and a future sit-down restaurant. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Reviewed and Approved by: Steve Smith Phi Drell Planning Manager Director of Community Development Review and Concur: Homer Croy ACM for Develo m t Services /tm 6 PLANNING COMMISSION RESOLUTION NO.o4-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE-THRU RESTAURANT (WENDY'S), A SIT DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. CASE NO. MP/CUP/PP 03-18 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of January, 2004, hold a duly noticed public hearing to consider the request of FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development and approval of a precise plan of design; and WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay Zone some of the uses in the master plan require approval of a conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption for purposes of CEQA (infill project) and no further review is necessary; 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 to justify its actions, as described below: Master Plan of Development: 1 . The proposed location of the master plan/conditional use master plan of development 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 master plan/conditional use master plan of development 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 master plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. PLANNING COMMISSION RESOLUTION NO. 04-17 4. The proposed master plan/conditional use complies with the goals, objectives and policies of the City's adopted General Plan. Precise Plan 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Master Plan/Conditional Use Permit 03-18 for the master plan and precise plan are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 04-17 CONDITIONS OF APPROVAL CASE NO. MP/CUP/PP 03-18 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. That all future development on this site shall first obtain approval of a precise plan of design for that portion of the project. Said precise plans to be consistent with the provisions of this master plan of development as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth 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 and the Freeway Commercial Overlay Zone. 3 PLANNING COMMISSION RESOLUTION NO.04-17 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards; plan to be prepared by a qualified lighting engineer. 8. 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 the parking lot tree planting master plan. 1 1 . Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 12. That prior to approval of any precise plan on any parcel the applicant must demonstrate compliance with all code provisions (i.e., parking, setbacks, height and other such matters), conditions contained in this resolution and adequate access to that portion of the site. 13. That the lands caping adjacent to Washington Street and CountryClub Drive shall be installed aspart of th e e first development t to occur on the site. P 14. That the building architecture as given preliminary approval by Architectural Review Commission December 9, 2003 shall be the architectural theme for the remainder of the master plan. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 16. That the applicant shall pay a day care mitigation impact fee of $10,000. 4 PLANNING COMMISSION RESOLUTION NO. 04-17 17. That development on the north portion of the master plan, the unplanned area, is subject to obtaining approval of a precise plan of design from the Planning Commission. Department of Public Works: 1 . Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain storm waters associated with the increase in developed vs. Undeveloped condition for a 100-year storm. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. 0ffsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 5 PLANNING COMMISSION RESOLUTION NO. 04-17 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 11 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network. Those improvements shall include, but not be limited to, the following: * Dedication and improvement of a 55' half section of Country Club Drive (34 feet of pavement, 9' median and 12' parkway-8' sidewalk) * Additional 10' of pedestrian/landscape easement shall be provided * Right turn only lane required on Country Club Drive * Free right turn lane shall be constructed from Washington Street to Country Club Drive * Construction of landscaped center median on Country Club Drive * Dedication and improvement of a 30' half section of Desert Country Circle (20' of pavement, 10' parkway and 6' curbside sidewalk) if kept a public street. If a private street is proposed, then the current 30' pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. 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. 12. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 13. No permits associated with this project shall be issued prior to the recordation of the map on which the subject project is located. 6 PLANNING COMMISSION RESOLUTION NO. 04-17 Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating 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 flow of 3,000 gpm for commercial buildings (each building). 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' 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 s 3000 square foot total cumulative floor area. The Fire Marshall shall approve the locations of all post indicator valves and fire department connections. All valves anc connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 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 as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single family residential usage. 7 PLANNING COMMISSION RESOLUTION NO. 04-17 11 . All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is 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. 12. This project may require licensing by a state or county agency, to facility plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1 . This project will need to open to other Phase II. 8 tn TEVPORARY I ' . ' r . , + ^ B TO BE REVOVED f► `O'Ry I \ I ffi 0.I a PHASE II CONSTRUCTION I :I y�;, Kl7e�. Y t.+ . arJ i YL'/? * •fUr�, K IA ` Vr^ +< fJT� • r 'r ''? rjf1T.i Y i i :fY.ii j' rr_ v ^ t. Wfiri •VT TREES ! ( I ��. II• r I I 1 1y.v > n , I \ r 26i-0" p++--------_o�r-- --------23 STALLS 0 9'-0" 20T-0" co -----i------------- --------------- i � -• ,._, .111 \ 4'x9'TREE JELL }'�� I :t•v 1 .1.�! 1 4 \ \k \ 20 :.A4i,, -,,,.f. " At& tire, Mt ..o -..ii,-,,;+,,,... \ qiiiiiii 7 TRASH © %IPtiteltAr" I 1�1 I I 1 On \ 4► :IR, I . 0. \ j, 24'-0"41, 21 STALLS 0 9'-0" -189'-0" I - 151 j';', i Se" _� 4 ICE • :.�.> o\ 7 STALLS Q 9.-0" 83'-0" r ----- N I "1' \ :r � I J 1 1 r u',r' ' `L r` I `f o© Iv' I I yti" N I ', I MENU I i • .i ' :••.:_-N : •''• BOARD i-i :..,_r:2. ill13\ \\\\\\ 600" 1� 38�0" 4, -_ � I,000 S.F. O \ ' "' - a RESTAURANT I FAST F00D r G I I I \\ '.K•;.. y O RESTA 1 I I•• I \ 1 1 G \ % 'v b OR RETAIL = 3,218 S.F. 2 Io • 1 " " . . 96 SEATS /�, I 1 F . o .''!-4// T"`7; W '�1�lr• `T4. �;. L• Lw,VJWfIrG w` r \-\ - ', .•':i'. _,‘ ,- ( D COUNTRY CLUB DRIVE o 1020oi 40 Re() ► SJ (te_ P0/(} 6 '4 1_ i e Yr h 2003 . INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Mark Greenwood, City Engineer SUBJECT: CUP 3-18, Fountainhead Shrugged LLC-Wendy's DATE: October 2, 2003 The following should be considered conditions of approval for the above-referenced project: (1) Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction.The project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100 year storm. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system (2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. (3) The project shall be subject to Transportation Uniform Mitigation Fees(TUMF). Payment of said fees shall be at the time of building permit issuance. (4) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to,and approved by,the Department of Public Works prior to the issuance of a grading permit. (5) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. (6) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. (7) As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. (8) Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. (9) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. (10) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (11) Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code,shall be installed in accordance with applicable City standards and the city's Circulation Network. Those improvements shall include, but not be limited to the following: *Dedication and improvement of a 55'half section of Country Club Drive(34 feet of pavement, 9' median and 12' parkway-8'sidewalk) *Additional 10' of pedestrian/landscape easement shall be provided *Right turn only lane required on Country Club Drive. *Free right turn lane shall be constructed from Washington Street to Country Club Drive. *Construction of landscaped center median on Country Club Drive. *Dedication and improvement of a 30' half section of Desert Country Circle (20'of pavement, 10'parkway and 6'curbside sidewalk)if kept a public street. If a private street is proposed then the current 30'pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. 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. (12) Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. (13) No permits associated with this project shall be issued prior to recordation of the map on which the subject project is located. Mark Greenwood, P.E. G\PubWorks\Conditions of ApprovaBPPLANS\CUP 3-18 Fountainhead-Wendys on CC Dr.wpd 'N1MLRIOd/:p I RIVERSIDE C NTH'O;•,p 11RP PRO I---,, ,,,rs,,, FIRE DEPARTMENT ^ D F Duet co 1�fIN4�L ,, �, In cool eration with th ` \ me. California Department of Forestry and Dire Protect hill 210 West San Jacinto Avenue • Perris, California 92570 • (909) 9.10-6900 • FAX (909) 9.10-6910 Mil e/Peel MINI Tom Tisdale V" Fire Chief Cove Fire Marshal's Office Proudly serving the 73710 Fred Waring Drive 11222 unincorporated Palm Desert CA 92260 areas of Riverside (760)346-1870 County and the cities of: Banning TO: �j`F"� - v t DATE: /D 03 Beaumont p� Calimesa REF: �(fj, 2 03_ /d 0 3 - 3OO Canyon Lake V / If circled, conditions apply to project Coachella + With respect to the conditions of approval regarding the above Desert Hot Springs p pp {• referenced project, the fire department recommends the following fire Indian Wells protection measures be provided in accordance with City Municipal Indio Code, NFPA, CF'C, and CBC or any recognized Fire Protection l Standards: Lake Elsinore I The Fire Department is required to set a minimum fire flow for the La Quinla I remodel or construction of all buildings per ETC article 87. Moreno Valley 0 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 Palm Desert on the job site. Perris Provide or show there exists a water system capable of providing a gpm flow of: Rancho Mirage 3. 1500 gpm for single family dwellings San Jacinto 4. 2500 gpm for multifamily dwellings • 3000 gpm for commercial buildings U v \C v Temecula The required fire flow shall be available from a wet barrel Super hydrant (s) 4"x 2 '/2" x 2 '/2", located not less than 25' nor more than: 6. 200' from any portion of a single family dwelling measured via Board of Supervisors vehicular travelway Bob Buster 7. 165' from any portion of a multifamily dwelling measured via District 1 vehicular travelway John Tavaglione 150' from any portion of a commercial building measured via District 2 vehicular travelway Jim Venable ff. Water Plans must be approved by the Fire Marshal and include District 3 verification that the water system will produce the required lire flow. Roy Wilson 10. Please he advised the proposed project may not be feasible since the District 4 existing water mains will not meet the required fire flow. Tom Mullen District 5 � " 1 . Install a complete NITA 13 fire sprinkler system. This applies to all •J` buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves :rnrl fire department connections. All valves and connections shall riot he less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. All valves controlling the water supply for automatic sprint:le►- /1P systems and Water-flow switches shall be manitored and alarmed per UDC Chapter 9. 3.0 Install a fire alarm system as required by the WIC Chapter Install portable fire extinguishers per NI�I'A 10, but not less than one 014 e 2A10BC extinguisher per 3000 square feet and not over 75' ►v:tlhiug distance. A "K" type fire extinguisher is required in all commercial kitchens. (...15 Install a flood/Duct automatic fire extinguishing system per N I''I'. 96, in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per UK Chapter 76 if con(lnetinw, an operation that produces airborne particles. All building shall be accessible by an all-weather roadway e\Ie'ndinilp 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-3L' wide :uisl.:,_'_' wide -. with parking on one side. Dead-end roads in excess of ISO' shall he provided with a minimum 45' radius turn-around 55' in industrial developments. 18. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall he 16" with a minimum vecticAI clearance of 13'6". I'). A (lead end single access over 500' will require a secondar- access sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be . accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 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. S All buildings shall have illuminated addresses of a size approved by the cit . 23 All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. fjpConditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. All questions regarding the meaning of these conditions should he referred to the Fire Marshal's Office at (760) 346-1870 in Palm Desert. Location: 73710 Fred Waring Drive #222, Palm Desert CA 92260 Other: • . Sincere y, David A. Avila Fire Marshal CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT CASE NO.: PP/CUP 03-18 APPLICANT(AND ADDRESS): FOUNTAINHEAD SHRUGGED, LLC, 1400 Quail Street,Suite 135, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for a two- building center consisting of a Wendy's fast food restaurant with drive-through and a proposed future sit-down restaurant. LOCATION: 78-078 Country Club, northwest corner of Washington and Country Club. ZONE: C1 The applicant has submitted revised plans for the proposed Wendy's restaurant at Country Club and Washington. The architecture has changed significantly. The building now includes large areas of ledge stone and a trellis over the pick-up window. Staff is concerned that the south elevation facing Country Club Drive lacks the degree of detail that the other three elevations present. A trellis could be added to this elevation or some other treatment. Recommendation: That the commission review the revised plans and determine acceptability. SS/dq 1 INTEROFFICE MEMORADUM City of Palm Desert �03 OI4MUN17'Y DEVELOPMENT DEPARTMENT CITY OF PALM DESERT TO: TONY BAGATO, ASSISTANT PLANNER FROM: FRANKIE RIDDLE, MANAGEMENT ANALYST SUBJECT: CUP 03-18: FOUTAINHEAD SHRUGGED, LLC. (Wendy's Drive- through Restaurant) DATE: OCTOBER 6, 2003 The Conditional Use Permit Plans have been reviewed and a field visit was done to determine the need for a bus shelter/stop at this location and c ondition placed on project. The project is located within an existing bus route area along Country Club; however, there is conditioned already a bus shelter/stop on the development less than a quarter mile from this project site. Therefore, a bus shelter/stop will not be required as a condition for this project. Trash Enclosures: The trash enclosure(s) appears to be addressed; however, dimension of enclosure are not provided. Plans should address size, location, disposal needs for complex to determine number of trash enclosure to construct, and traffic circulation for Waste Management trucks. Installation of trash enclosure shall be consistent with PDMC, Chapter 8.12 and identified disposal needs. Plans shall be submitted for review and approval of the bus shelter and trash enclosures prior to Final Approval. FRAN RID LE MANAGEMENT ANALYST ♦ ♦ �_. vJ AT E q ESTABLISHED IN 1918 AS A PUBLIC AGENCY / \ kvi �STRIG r COACHELLA VALLEY WATER DISTRICT. POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHONE (760) 398-2651 •FAX(760) 398-3711 DIRECTORS: OFFICERS: JOHN W.McFADDEN,PRESIDENT STEVEN B.ROBBINS, PETER NELSON,VICE PRESIDENT GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS October 2 JULIA FERNANDEZ,SECRETARY RUSSELL KITAHARA 2003 DAN PARKS,ASST.TO GENERAL MANAGER PATRICIA A.LARSON REDWINE AND SHERRILL,ATTORNEYS File: 0163.1 0421.1 0721.1 RECEIVED Department of Community Development City of Palm Desert L; C C 2003 73-510 Fred Waring Drive Palm Desert, California 92260 NMUNITY DEVELOPMENT DEPARTMENT n!ry r,“it nrcrpr Gentlemen: Subject: Conditional Use Permit No. 03-18 This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from regional stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. This project is within the limits of the Bermuda Dunes Drainage Study area. The Bermuda Dunes Drainage Study established a requirement for new developments to retain 100 percent of the runoff for a 100-year event and was agreed upon by all of the participating agencies, including Riverside County and the Cities of Palm Desert, Indian Wells, La Quinta and Indio. Since the stormwater issues of this development are local drainage, the District does not need to review drainage design further. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District Nos. 58 and 81 of the District for sanitation service. TRUE CONSERVATION USE WATER WISELY Department of Community Development -2- October 2, 2003 Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. If you have any questions please contact Dan Charlton, Stormwater Engineer, extension 2316. Yours very truly, Dan Farris Director of Engineering cc: Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, California 92201 DC:md\eng\sw\oct\cup03-18 050706-3 COACHELLA VALLEY WATER DISTRICT ' ' `�TC ARCHITECTURAL REVIEW COMMISSION t.. . } L� ' :N REVISION ke DECEMBER 9, 2003 MINUTES NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for a single story office building. LOCATION: 44-675 Deep Canyon, northwest corner of Deep Canyon and Ramona Avenue. ZONE: R-1, O.P. pending Action: Commissioner Van Vliet moved, seconded by Commissioner Hanson for approval by minute motion subject to landscape approval at a later date. Motion carried 5-0-1 with Commissioner Vuksic absent. 2. CASE NO.: PP/CUP 03-18 APPLICANT (AND ADDRESS): FOUNTAINHEAD SHRUGGED, LLC, 1400 Quail Street, Suite 135, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for a Wendy's fast food restaurant with a drive-through. LOCATION: 78-078 Country Club, northwest corner of Washington and Country Club. ZONE: C1 Mr. Smith stated that the commission had a couple of questions on this project. Commissioner Hanson stated that she had two comments. The trellis element over the dining area should be lowered a little bit. It's at the same height as the trellis over the drive through and it doesn't have to be that high over the dining area. She also suggested removing the trellis element over the service door which is facing Washington. She congratulated the applicant for changing the site plan so that the drive through lane is away from Country Club Drive. Sam Spinello, who is on the development team, was present and stated that Craig Smith couldn't make it to the meeting due to travel issues. Mr. Hensen, from Wendy's International, has allowed them change their team a little bit. Mr. Finkel is now the lead architect. They tried to listen to the comments made by the commission at the last meeting and made the suggested changes. Ultimately, they would like to gain a condition of approval on the elevations and the site plan. They have not done the landscape plan. They wanted to get some good direction G:Planning\Donna Quaiver\wpdocs\Agmin\AR031209.MIN 4 / es } F4 ,� ��� T ARCHITECTURAL REVIEW COMMISSION �';EI} It1 DECEMBER 9, 2003r7r:��'- wi MINUTES about where they're going before they commissioned the landscape architect. Commissioner Hanson restated the suggestion to eliminate the trellis element over the service door that faces Washington. Mr. Drell commented that the applicant could paint the service door. Commissioner Hanson stated that there's no point to having a trellis in this location. The triangular awning over the door will add shadow lines and the trellis just adds clutter. Mr. Finkel stated that he added the trellis as a buffer element between the street corner and the building to create a fronting element that your eye would see through before they would encounter the service door. Mr. Drell stated that the trellis is too tall to effectively screen the door. Mr. Finkel stated that he could make it shorter. Mr. Finkel stated that all the trellises will have something growing on them. Commissioner Vuksic commented that on the roof plan, some of the tallest elements don't wrap around. Mr. Finkel stated that they should wrap around. Commissioner Vuksic stated that there are three-sided elements and there are breaks in the line. Mr. Finkel commented that when he looked at the plans he misinterpreted a can strip as being a wall. All of the elements will be four sided. Commissioner Vuksic stated that on the east elevation, the stone element is popped up higher than it is on the other elevations which could be an error. Commissioner Hanson stated that it's actually dimensioned the same. Mr. Finkel stated that the east tower should match the others. Commissioner Gregory asked about the height of the trellis on the Country Club facing patio. He was wondering if they might lose intimacy in dining with the trellis so high. Mr. Finkel stated that he wasn't sure how high the umbrellas will be over the tables. He has no problem lowering the trellis. Mr. Drell stated that the idea of a trellis is to create an enclosure. Commissioner Gregory asked if the applicant would lower the Washington-facing trellis as well. Mr. Finkel stated that he would lower this trellis but leave the drive though at the current height. Commissioner Van Vliet asked how high the drive through trellis is. Mr. Finkel stated that they usually have a 9'6" clearance. Commissioner Gregory stated that this is a very nice project. Action: Commissioner Vuksic moved, seconded by Commissioner Lopez for preliminary approval subject to lowering all trellis elements. Motion carried 6-0. G:Planning\Donna Quaiver\wpdocs\Agmin\AR031209.MIN 5 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 10, 2003 MINUTES 1. CASE NO.: PP/CUP 03-18 APPLICANT (AND ADDRESS): FOUNTAINHEAD SHRUGGED, LLC, 1400 Quail Street, Suite 135, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for a two-building center consisting of a Wendy's fast food restaurant with drive-through and a proposed future sit-down restaurant. LOCATION: 78-078 Country Club, northwest corner of Washington and Country Club. ZONE: Cl Mr. Bagato stated that this item was previously before the commission. The applicant has returned with plans that show significant changes. They have tried to match some of the other buildings in the area. Computer simulations were displayed for the commission to review. Commissioner Hanson stated that one thing that she doesn't like is parapets that don't tie back to anything. She commented that she was generally okay with everything subject to one little addition that they could make on the south side and the issues of view lines for equipment. Mr. Drell stated that the drive through is on the south side which is on the Country Club elevation. It's not an architectural problem, but it is a site planning problem. Drive throughs have to have something "special" about them. They have to go above and beyond, design-wise, to meet the standards of the City. Commissioner Vuksic stated that his first impression was that the building looked awfully close to the street on Country Club. There's not a lot of planting area left between the drive through and the service side of the building. Craig Smith, applicant, stated that one thing to keep in mind about this site is that there's a difference in the elevation to what's at grade. The grade differentiation between the hard corner where the drive through is located is 8' or 9'. Mr. Drell stated that the issue is with the Country Club elevation. If the building is that close to the street, it should have far better architecture and should look more like a front. It G:Planning\Donna Quaiver\wpdocs\Agmin\AR031110.MIN 9 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 10, 2003 MINUTES looks like a dressed up rear end and not a front in addition to being the aisle of the drive through. Commissioner Gregory commented that in order to help the applicant, they should be as clear as possible. What Mr. Drell was trying to say earlier was that we're looking for extra effort. Right now we clearly have a situation where the edges of the envelope are being pushed because they're proposing a fair amount of "stuff" in a small place. We, who have some trouble with drive throughs, and see only approximately 16' of setback from the curb face of which 8' is sidewalk, leaving only 8' of landscaping behind something that we don't like. Right there, we have a conflict. We're talking about wanting to have some type of trellis work on the south side, which isn't indicated on the plans. John Tarlos, Wendy's architect, and Rick Finkel, site architect, were present to answer questions. Mr. Craig Smith stated that they were in a tough spot the last time trying to speak on behalf of Wendy's, which is why Mr. Tarlos was present at this meeting. All of the previous comments made by the commission were given to Mr. Tarlos. When it comes to a "special" element, they had talked about a really nice outdoor covered dining area. Mr. Drell commented that the most visible part of the building has both the greatest negative in some people's perception and the least amount of positive architecture to overcome it. The tower element is spoiled by the two service doors. Commissioner Hanson suggested adding a series of palm trees in front of the blank stucco face. They do have a planter area that appears to be a fairly good size so they could have some vertical elements that would break up the stucco face. If the doors were painted a dark brown that match the rock and add awnings, which would give them a shadow line. It would make the doors go away. Mr. Finkel stated that this is problematic because the back of the building is where the kitchen is located. They can't add windows or have a lot of variations in and out because there are long lines of equipment against those walls. He understands that they need to dress this area up. They've tried to break up the parapet, add light fixtures, stone elements, wainscotting, etc... What they're looking for is creating more ins and outs with the walls and windows. They don't have a lot of latitude to do a lot with the architecture itself. The wall is going to be a windowless, fairly long wall. Mr. Drell commented that he had suggested changing the site plan but the applicant seems to be resisting. When you're backing up a building to the primary public view, it creates a problem. G:Planning\Donna Quaiver\wpdocs\Agmin\AR031110.MIN 10 / it ( ARCHITECTURAL REVIEW COMMISSION NOVEMBER 10, 2003 r/ MINUTES Mr. Tarlos stated that they could push the building back 7' by cutting out the patio in the front, but could probably create another patio in the back. Commissioner Gregory stated that as "unfun" as it is hearing it, it's better to hear it now as opposed to us saying that it's okay and then they get beaten up later. We're actually saving you a lot of grief. Mr. Craig Smith commented that this is very productive and appreciates the comments. He has to alter the plan in such a way that is more palatable. The problem with the project in general is the elevation along Country Club and how close it is to the street as well as the lack of landscaping. The suggestions that he's heard include increasing the landscaping, move the building further from the street and create something architecturally on the south side that is sexier. Mr. Drell commented that it should look more like a front and not like a dressed up back. Mr. Finkel stated that there was also a suggestion to create another trellis element over the drive through, which creates a foreground element that can be landscaped and it softens the view between the street and the building. It also adds a little more interest to the rear of the building and screens the back equipment doors. Commissioner Gregory stated that the trellis would also prevent people from "frying" in the sun. Commissioner Hanson asked if one of the solutions was flipping the site plan. Mr. Tarlos stated that the pick-up window would be on the passenger side of the vehicle. Commissioner Gregory asked if the applicant was going to put up some type of guard rail or have a wall continue higher to provide safety on the slope. Mr. Craig Smith stated that they would have to build a wall high enough to address that situation, however high it is determined to be by the City. Mr. Finkel stated that they've already talked to their landscape architect about doing a continuous shrub row with a guard rail right up against the shrub row. From the street, you wouldn't see a guard rail. Mr. Drell stated that they should've show cars in the drive through to see how well they would be screened. Mr. Finkel commented that you wouldn't see them. You would just barely be seeing the top of a car. Commissioner Hanson stated that the parapet walls on top of roofs that you can see the ends of them and they don't go anywhere. They don't die into another wall. They're just sort of sticking out there. They're going to have that issue here. That sort of thing is offensive looking. They need to wrap around to complete the architectural treatment. G:Planning\Donna Quaiver\wpdocs\Agmin\AR031110.MIN 11 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 10, 2003 MINUTES Commissioner Vuksic commented that he's always been amazed at how tall these small restaurant buildings are. They look like you're in a funny house and you're looking through a mirror that stretching the buildings vertically. There's a situation with Washington Street where you can see the roof. What they should think about doing is introducing some other screening elements to screen the roof-mounted equipment because the parapets aren't going to do it when you're coming into town. You're going to be looking at the roof and the equipment. They should consider adding another tier of architecture where they're screening the equipment which will give them the opportunity to lower the parapets at the faces of the buildings because you will no longer be relying on them to do that. Mr. Craig Smith commented that he could see how a nice trellis added to the corner of the building would go a long way to really dress up that area. They could also move the building back and increase the landscaping. Commissioner Gregory stated that he was wondering if they were trying to do too many things in such a small space. Mr. Drell suggested that their plan has to meet the City's minimum landscape requirements. The parking lot looks very bare. The requirement in this zone is double the landscaping and 15% of parking lot has to be landscaped. Commissioner Gregory commented that the applicant has to do something extra special. What that means is doing something more than adding bolt-ons, i.e. a bolt-on trellis, hedges, etc... It has to be something where the intrinsic design is darn good and makes the City Council happy. Mr. Craig Smith stated that they could dress up the rear elevation of the building, add an awning, add a trellis to the end and move the building further back. This is the direction that they're going to move in. Originally, none of the site issues were addressed at the first meeting. Commissioner Van Vliet commented that they were addressed at the first meeting. Mr. Drell stated that staff has been advocating a totally different site approach from day one. We've been told that this is the only way that it can be done. They'll have to give themselves more room to do it. They still have a long way to go. They will probably have to physically expand the site to overcome the handicap of having both the back end of the building and the drive through the most visible public face of the project. They're probably need 30' of landscaping along Country Club. Commissioner Vuksic commented that some of the stone looks like its applied in a very token way, especially the wainscot. They have a 3' wainscot going all the way around the entire building with a standard little cap on top of it, which could apply to any style of architecture. They have a potential for a very nice desert contemporary type of G:Planning\Donna Quaiver\wpdocs\Agmin\AR031110.MIN 12 ARCHITECTURAL REVIEW COMMISSION NOVEMBER 10, 2003 MINUTES building. They should think more about the application of the stone. He suggested using a furred out element that's a darker color plaster and forget the stone because it looks very token. Commissioner Hanson suggested making the trellis columns all stone, as opposed to wainscot so they look like an element. Commissioner Vuksic stated that it would be nice to see it broken up instead of seeing the same thing around the entire building even if it was plaster or stone. Commissioner Gregory suggested using the same amount of stone but use it in different places. Commissioner Vuksic commented that he wanted to stress that they should be creative on the parapet lines and bring them down by introducing some architectural elements that screen the equipment that isn't necessarily just having this high parapet as you need across the face of your building. It's not necessarily just one screen in the middle. With having different equipment up there, their exhausts may be in one element and some of the air handlers are in a different element. They could use a composition of forms to take care of that. Commissioner Vuksic commented on the applicant's willingness to work with the ARC and the commission will try not to be unreasonable or dictate an architectural style. Commissioner Gregory stated that the site plan needs a lot of work and he expressed to the applicant that the ARC is very serious about this issue. Mr. Finkel stated that they can't spin the building. Commissioner Gregory commented that he's not saying they should spin the building. The site plan is not acceptable. How clear can we make it? Mr. Drell stated that the applicant is taking the worst elements of the building and pushing them right up to the street. We're willing to accept the building near the street if it looks great. The only solution in the applicant's site plan is to sacrifice some more real estate and push it off the street. Commissioner Gregory stated that he's worried that in our effort to be gentlemanly, that we're creating a monster here. Mr. Craig Smith stated that they have lots of land to work with. They can move the building back. That's not something they can't do. They can't flip the building, but they can add landscaping. Action: Commissioner Vuksic moved, seconded by Commissioner Hanson to continue the request to allow the applicant to submit revised plans. Motion carried 6-0-0-1 with Commissioner O'Donnell absent. G.Planning\Donna Quaiver\wpdocs\Agmin\AR031110.MIN 13 CITY OF PALM DESERT I6 ART IN PUBLIC PLACES II// : INTEROFFICE MEMORANDUM ..4t,°= .0�.. .•:4,1t I7E OJT 973N To: Steve Smith From: Deborah Schwartz° Date: 09/23/03 Subject: Fountainhead Shrugged LLC, Wendy's Drive-Through The Art In Public Places Department recommends that the public art fee for the Fountainhead Shrugged LLC, Wendy's Drive-Through, located at 78-078 Country Club Drive Avenue (Case No. CUP 03-18), stays in the Public Art Fund. We estimate that the total fee is approximately $1,100 and feel that this amount will not allow for a significant project unless the developer would like to supplement the fee amount and commission a larger project. • : WARING H [ fflJE- ` n1 ty. • 73-510 FRED WARING DRIVE w•', ,r= PALM DESERT, CALIFORNIA 9 2 260-2 5 7 8 1+ ,, TEL: 760 346-0611 FAX: 760 341-7098 i nfo0pelm-deserr.or6 CITY OF PALM DESERT LEGAL NOTICE CASE NO. MP/CUP/PP 03-18 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development for a drive-thru restaurant (Wendy's) and a sit down restaurant, and a precise plan of design for the Wendy's restaurant (including drive-thru). The project is a Class 32 Categorical Exemption (infill project) for CEQA purposes as it relates thereto for the property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. ---;_i \ 1 • • i ply?j Fcal Subject \ �- 44 Property FCOZ 1(P.C.-(2), , �l�\ •:-,: 2)P FCOZ 'Vi SJ. 'a FGOZ 1I COUNTRY CLUB DR `\` it P.C.{2),FCOZ R-9 0 — HARK/ [ i. R-3 R.3c7 o— City of Palm Desert LOCATOR MAP• -4- o d .oa Dat., 1.05-z004 Fe SAID public hearing will be held on Tuesday, January 20, 2004, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments 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 Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary January 9, 2004 Palm Desert Planning Commission MY OF PI ME DESERT II 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 260-2 578 Jut.. =4 TEL: 760 346-061I ' FAX 760 341-7098 info@ palm-deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. MP/CUP/PP 03-18 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a City Council Request for Review of a decision of the Planning Commission approving a conditional use permit for a master plan of development for a drive- thru restaurant (Wendy's) and a sit down restaurant, and a precise plan of design for the Wendy's restaurant (including drive-thru). The project is a Class 32 Categorical Exemption (infill project) for CEQA purposes as it relates thereto for the property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. — \LL I � •\' • pc /1/,FcDj SubJett Mr- P►oPY FCOZ 1 P.C.-(2), � �;2)' S.I. ' FCO : FLAB 111 COUNTRY'_CtUB DR :\\ P.C.{2),FCOZ �� J } R-3 $ �0 /URRIS IN R 3 R-3 Ile r-- SAID public hearing will be held on Thursday, February 26, 2004, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk February 10, 2004 City of Palm Desert, California ..... CITY OF PALM DESERT, CALIFORNIA 1111 /��h COUNCIL REVIEW a REQUEST FOR CITY DECISION OF THE Planning Commission • (Name of Determining Body) Case No. MP/CUP/PP 03-18 Date of Decision: January 20, 2004 Project Proponent: Fountainhead Shrugged LLC Address: Description of Application or Matter Considered: Request for approval of a conditional use permit for a master plan of development for a drive-thru restaurant (Wendy's) and a tritT4gwn restaurant, and a precise plan of design for the Wendy's restaurant 2inciding drive-thru) on property at the north -st corner of Washington Street ppgnd iuntry Club Drive, APN 60711i ontry lub Drive - Wt.Ljrc •= of the C Council U N FOR OF ICIAL USE ONLY Date Filed: —2-41'_Q L Received by: COPY DATE Action Taken: Date: Rachelle D. Klassen, City Clerk C:\WINDOWS\Temporary Internet Flles\OLK62131\cncl req for rev.wpd 5I21/03 CITY OF PALM DESERT :A DEPARTMENT OF COMMUNITY DEVELOPMENT :: • q4) =,�yo ,. INTEROFFICE MEMORANDUM i%. 8g3 TO: Honorable Mayor, City Council, City Manager and ACM for Development Services FROM: Philip Drell, Director of Community Development DATE: January 21 , 2004 SUBJECT: Summary of January 20, 2004 Planning Commission Actions 1. Case No. CUP 03-24 - VERIZON WIRELESS, Applicant Request for approval of a conditional use permit to allow construction of a 56-foot high monopalm wireless telecommunications tower with adjacent equipment cabinets within a 12 feet wide, 24 feet long, 15 feet high equipment building. Action: Approved 5-0. Appeals to this decision must be filed by February 4, 2004. 2. Case No. CUP 03-27 - STONE EAGLE DEVELOPMENT, LLC„ Applicant Request for approval of a conditional use permit to allow Stone Eagle Development, LLC, to operate an abandoned public utility well site for private water irrigation located at 46-400 Golden Rod Lane. Action: Approved 4-0 (Commissioner Jonathan abstained). Appeals to this decision must be filed by February 4, 2004. 3. Case No. CUP 03-19 - CHARLES BIEHL, Applicant Request for approval of a conditional use permit to operate a 2,600 square foot breakfast and lunch only restaurant at 75-130 St. Charles Place. Action: Approved 4-1 (Commissioner Jonathan voted no). Appeals to this decision must be filed by February 4, 2004. 4. Case No. MP/CUP/PP 03-18 - FOUNTAINHEAD SHRUGGED LLC, Applicant Request for approval of a conditional use permit for a master plan of development for a drive-thru restaurant (Wendy's) and a sit-down restaurant, and a precise plan of design for the Wendy's restaurant PLANNING COMMISSION SUMMARY OF ACTIONS JANUARY 20, 2004 MEETING (including drive-thru), on property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. Action: Approved 4-1 (Commissioner Finerty voted no). Appeals to this decision must be filed by February 4, 2004. 5. Case No. CUP 03-12 - LISA D. STINSON, Applicant Request for approval of a conditional use permit to allow a .55-acre vacant lot planted with grass to be used as a playground by children from an after school tutoring and homework club operating within an existing building at St. John's Lutheran Church located at 42-695 Washington Street. Action: Continued to a date uncertain 4-0-0-1 (Commissioner Lopez abstained). 6. Case Nos. GPA 03-02, C/Z 03-01 and PP 03-05 (Revision #1) - JAMES AND LUCILLE FEIRO, ET. AL., Applicants Request for approval of a general plan amendment from residential (medium density 5-7 units per acre) to office professional, a change of zone from R-1 13,000 to O.P. (Office Professional), a precise plan of design for a 5,640 square foot single story office complex, and a Negative Declaration of Environmental Impact as it relates thereto. The general plan amendment and change of zone apply to four lots on the west side of Deep Canyon Road: 44-575, 44-605, 44-655 and 44-675 Deep Canyon Road. Precise plan of design applies to property at the northwest corner of Ramona and Deep Canyon Road, known as 44-575 and 44-605 Deep Canyon Road. Action: Planning Commission closed the public hearing and directed staff on a 5-0 vote to prepare a resolution recommending approval of the two lots south of Ramona and a resolution denying the two lots north of Ramona. Resolutions will be on the February 3, 2004 agenda for action. PHILIP DRELL DIRECTOR OF CO MUNITY DEVELOPMENT !tm 2 ri" i 1' i" i.1 to -; _--T P i T # 5 ..� i �.)tr..., !i a A a- a �[� ,_ a r • 4› ! a s / str' �) ` 1 '... ♦^ a. -, ,,J Nil t =. 4. �'� t O # lilt ,5 4 C 'N a V• i Tr t { 'f �.. i .-' -•--- ---- --- --- 11�` ("'* C7 :x,t r 1. �, i C 4 a x i co I. • 1. C tir. z Ea ,, +LY m 1k , .4 . -* ' • c''' , teq,,,,, ,..r.i.`- `1 �:2 3/171 ' tL h tAi4 . , 4., ,C l ■ • • o- i !i ix k WASHIN €p, zi o' _ G T O N ST. Ta = 'Z ' r • • 401 . : ... \ . -, S 16&... 1.41 • • I fi . -.'.a. i u�. III t"9 • tom' itei, , CO MM.a.YR '1 . rr�, : i \\1....4 . . ---- - i-57: II ..: ir,.... .,-.:::-ii:,:tr ;..7;,..ht-. -,.:: ,, n..ui IR!! Y4 l `,; k �. • I.I u At - f f+ L s �. .s K •l1Yf1 7M TIP?ACM I �\ .MI MU Mill fin mrr�� a.. ... �._ _•„ __ ...___.- .. ppr1�y - R1AYYM1 Malr. COUNTRY CLUB DRIVE �^DK..,afros. ,tur,„r c FR �F Ix ig If -€ 1; 11 Te 5 e, s ~ m P m O� l�Ss _____ .„,.... ..„..4 ___ . 0 ..._ ...., „F., ,ike • - --,,_..--' „...vre .... .,.,>.... „. _...---A.p- 4,4% _D, . ice; \ , • .,- Illy4 . o ,. 4it , _ , , . 1 . . i ., . .. . . 0 ; „. . - 1 , . _ i_ .i..Xii_ ___I co ` ' �. F 1 4u .0 Of- j < kit .'': r: ,,,,, ......\\ , . , ... 1 . . -\ r , :-"r7", - 11%.71'5,1 ' 1' 0 tit " , le, '. ..... :' t'..* ,• • 21 a rl teas & \*.400...,--:, „-,#. -- ,e_54-, It P .A4 I bj I I IF 4V. _.,:ee,- '°";e:Aliine-'.1 1-;‘,,,,•-C- _,.-0" ,..j00•0 '"--0:,/e.e../.. .0" m F.'7= ai M F WASHINGTON ST. F� 1T ;4 ma , !? ) \ . :,,,,,..,:.\-\ \ • --. I'_.,"--.. ,e - () , ii I ; 1 i 1 i / ., .. .• IF t;‘v 7. [I Imo[ 4k' ] .-,(,: , . 41a_, ..,:_ ........ - 1 i.' >00,4 \ 0 \ \ \ \ \ 1"''' • ..... .A4i, r ... r. . . , . • . . 1, / . ( �! ❑ i, \ \ , �• . j ��� , 0 / r �„ 0. I\I I , 1 : , 1 , \ Z ..1�� . . ......,41 - - _. . . ... fr ,. ., ,. .: 1.,S1 .r ANEL--it.r 4,11.---- ,' LL11� •• ` 35 1 Q I / / / • •• _ : P io L1j • zt1. fi /� •' • 4-= et , --t-.-, 4110t•ArA4114.7 , : X / / • • ,7. family ?I sit,74winyie �'l' � maim— \ . ,c)(2) c., .,// : \ r 4� Iipl � r ` ; , _ //j/ / • * hefir-"•.41T-4,to•-t-----,10Lf. 4„,..6,,,,,i 41; i _.,_ ,_•10,4v..... .-.7.-,) -,,,,„ 7 >I\ \\ ---- / / E t., -17.,,wriu"--4-6,,,,,;-: - :------ El 'CD' IiTT , TT12 _. . DESERT GARDEN # # r' 1 1 1 in 11 [n 1 l / c WALKING PARK N' i Ns .„....,...___:-----__tAi '------..uT ' 'N ----0 _r -- �, � / / il i V ❑ I O N II fS t cn ;,17, Alb ,,., r ' '0, r Am ,..-:. fam illir . 1:, I % k 1 i .s...---7...ifillIEl. Ai4.A / Ai. A.4 A, 46,=___,_.,,......../..= .0 _ . \ te -- Nigar4r,„,,,-Tpr,,...—„ip--,w,---eff,_ ....T,Ibk.....r.„„w ,h4 • , i, 11111Pr all e �� -war 4igfar 'fib III t ►. I. fameito r• COVERED PATIOS l��1.4/, l i 47-1 �Na g b _ ;fit .A4.. i ❑ ..--5.,.t,-',W,s,,f,h1A-a*_l"t-4r.;* / \ i, ,,i& ittlit 10 • • ..--11,-,,e,o..v....,..40,,,w, . .0.10- A-.7 e pie/letIIIM- �f1`; sue, �� iii, %. E. A„,_��_, ,. i DESERT FLORA ' dreVP '''' .+4:147.11-4, :74101tiTirilviloOMACII0174-7: : l II „ 14-•-i7,1i.. --17''0161e4#-,/-"Uitir:441 -- ;7f. 4X.e.r.. ��♦ W " te `it ---womrpr/l .•4 r �r �i�/- r / DESERT TORTOISE KIDS ��'+� 04. M �g � CLIMBING SCULPTURE ......,:.„....,,.,, ..„.,..,..,__„_ ..... ..., . ide. 4 At. -..-7Arr,-. Jr .1-it -0 :90twii,R0.74;05-.• _...., 411* .if ••tri°4°°C2• 1" ' •L FLAGSTONE �AOL �' " 0 Qo°n• ��° �go��Q- / WALKING PATH • . ��. -- STONE-CLAD RETAINING WALL DRIVE LANDSCAPE SCULPTURE DESERT LIZARD CORNER SCULPTURE CLIMBING SCULPTURE GENERAL PLAN 2000 I-L R-L R-L LANDUSE CODES City of Palm Desert RESIDENTIAL LAND USES @o, 5MAI, Mountain Estates(R-ME)0-1 du/20ac ` Desert Estates(RE)O-1 dW10 ec � J` Hillside Reserve(R-HR)I dW5 ac \ %tf a- ,.a Low Denby(R-L)0-4 dulCc rt'• rla� \ �Hraaw Medium Density(R-M) dWec @Q � R-M —University Park Area - ��Medium DensilyMlph Density Overlay(R-M/R-HO) us High Density(R-H)10-22 du/ac R-M COMMERCIALRNDUSTRIAL/BUSINESS LAND USES rity 1-BP General Plan 2000 I.Regional Commercial(C-R) IN:471 DR ` City Council -Resort Community Commercialrner l(C-F YFFN/f *its Clill • Alternative RasoNHolal Commercial(C-RM) .�Mved Use(MU)-Commercial/High Density(R-H)10-22 dWec R-M February 24,2004 -Office ProfessbM1(C-OP) ., ,. ,1 Office Professional(C-OP)I Medium Density(R-M)4-10 dWec ' PrA/Office Professional(COP)/High Density(R-H)10.22 dWec 1-RP I-BP �trdp � soo 3..., Industrial Business Perk(I-BP) R-L ntlusUial Light(I L) \)n OTHER LAND USES / //�/// ///,i Public/0uni Pudic Facilities(PT) iR-M jRI% j��� ®Public Fecllly/School(PPS) / j\\\� �/ 1-BP OS/PR ��V Public Facility/University(PF/U) `� \�I�OB •M/II-RO / R L \�/PP //��/ PF _Open Space-Parks(OS/PP) \\�-:s,;j OS/PR PF Open Space-Pudic Reserves(OS/PR) �� ▪ R-L ( � R-L -Open Span-Private IOS/PVI R•M//0-ito R-MIR-RO 1-BP -Open Specs-Waterway 105/FW) �� OS/PP -Freeway(FWV) �/� PVT ®slwrzw,e(s) GERALD •▪RDDR GERALD FORD DRAPB QR-L R-L `. a-M/R-RO ��/� .. University Park Area niu, OS /i j� 1 B? @� jjj/ rl OS/W R+MIR-RO IR-RO GENERAL PLAN CAROUSE TM ACRES BLDG Se FT UNITS MAX POT %Awes /� .,M�s* A MCRL mIINwlry U 37 406197 111 Jy� s9Ru4 OFw1 MOIeaaMMLL GOP 1 43.500 0.19 ` 4111til 1-BPaRn14 AFODwt NA 216 2.366A96 10.06 ` 0001.1.1 A14 RESORT NOM CAR 454 4,917,327 21.15 YAW MC 16 196.1M 0.66 aC.y.+I TRM4 auslE+a�MRR 16P 316 3,130,3W 11.67 ., TOTAL COMMERCRUAN+TR%L 1019 11482,225 ISSO - O[ R-M • sMCE RIM OUR 200 - 11 e2 ; B-L j j ` BP • a,CE IMMILKMO Rauv9e O&M to - 0.83 ronL SM. VP - 1EIs OS ~f� TM 16 - 0.71 __. *Q M• tIC FACamAAELEIYry MO 192 - $.95 rorALPUMILLMOLRea IF 2 - 0.09 269 - 9.79 OS/PP s. . AnpMMt,Lew 901•11v 04 314 - 943 943 14.55 /R-11O'AZ MmNSVR9arN11I MALAv 292 - 2.01 4,620 13.51 ;MU s' MEM L. L Nu 16- 328 326 0.85 s' TOTAL SEeavluL 625 - 3A02 6,090 2.10 R-L C 0;.. .A% ! kA.\ TOTALS 2,1/1 11,N2228 3462 0.090 100.00 �� i ss. FRi1NK$INfTL4 DR - o FRANKSINATRA-DR—° P* FRANKf/NATRA DA R-L R-L OS/PV 111� OS/PP 4L