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HomeMy WebLinkAboutRes No 329PLANNING COMMISSION RESOLUTION NO. 329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS AND APPROVING A DEVELOPMENT PLAN AND RELATED PARKING VARIANCE ON PROPERTY LOCATED SOUTH OF HIGH- WAY 111, EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 and VAR 01-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from HMS GENERAL CORPOR- ATION requesting approval of a Development Plan for a 44,000 sq. ft. restaurant complex consisting of five sit-down restaurant facilities and a related Variance to reduce the number of parking spaces from the re- quired 660 spaces to 536 spaces on an 8.5 acre site located south of Highway 111, east of Painters Path and north of 44th Avenue, more par- ticularly described as: APN 621-302-003 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 77-7", in that the Director of Environmental Services has determined that this project is exempt on the basis of the Environmental Impact Report prepared for the Redevelopment Plan; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the following facts and reasons to exist to justify the approval of the subject Development Plan: 1. The proposed development is consistent with the City's Adopted General Plan; 2. The proposed develpment is consistent with the City's Adopted Redevelopment Plan; 3. The design or improvement of the proposed development will be consistent with the Palm Desert Zoning Ordinance; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the following facts and reasons to exist to justify the granting of a Variance to reduce the number of parking spaces from the required 660 spaces to 536 spaces for the project: 1. Employment of joint -use parking will compensate for a con- siderable amount of the deficient parking spaces. 2. Variations in the hours of operation among the proposed restaurants will assist in reducing the peak number of vehicles at the site at any given time. 3. That unique circumstances dealing with the fact that Painters Path is presently intended for day -time usage of adjacent uses that are not open at night; exist. 4. The mandatory findings the Planning Commission must make when granting a Variance as specified in Sec. 25.78.070 of the Palm Desert Municipal Code are applicable to the subject case. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Commission in this case; PLANNING COMMISSION RESOLUTION NO. 329 Page Two 2. The Planning Commission does hereby approve Development Plan No. 01-78 for reasons stated, subject to conditions. 3. The Planning Commission in approving this Development Plan No. 01-78 does hereby grant a Variance to reduce the number of parking spaces from the required 660 spaces to 536 spaces for the project. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 31st day of January, 1978, by the following vote, to wit: AYES: BERKEY, KELLY, KRYDER, READING, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE BERKEY, Cha inan ATTEST: PAUL A. WILLIAMS, Secretary /ks PLANNING COMMISSION RESOLUTION NO. 329 Page Three CONDITIONS OF APPROVAL CASE NO. DP 01-78 Standard Conditions: 1. The development of this project shall conform substantially to all plans submitted in behalf of this case (Exhibits A-B), and as revised according to the Design Review Board process and/or Planning Commission Action. Any minor changes requires approval by the Director of Environmental Services. Any substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. Any roof mounted, exhaust, or air conditioning equipment shall be fully concealed from view from any public rights -of -way and ad- joining properties by architecturally integrated means. 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All con- ditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 6. All utility service and distribution lines on or abutting the sub- ject property, shall be placed underground prior to occupancy clear- ance. 7. Traffic control provisions shall be provided as required by the Director of Public Works. 8. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as re- quired by the Director of Public Works. 9. A landscaping, grading, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted through the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. 10. The Fire Protection Requirements as specified in the Fire Marshal's memo dated January 16, 1978, attached hereto, shall apply. 11. 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. PLANNING COMMISSION RESOLUTION NO. 329 Page Four Special Conditions: 1. No vehicular access shall be permitted from Highway 111. 2. An agreement shall be consummated between the applicant and the City of Palm Desert for maintaining the City's entrance sign and landscaped areas dedicated to the City prior to issuance of any building permits. Any additional improvements or amenities pro- posed by the applicant, i.e. fountain, small lake, etc., shall be approved through the City's Design Review Board process prior to construction. 3. Traffic safety lighting shall be provided on all three sides of the proposed development in accordance with the Director of Public Works approval. 4. The applicant shall make a contribution of $5,000 towards traffic signals to be installed at 44th Avenue and Highway 111. 5. Storm waters shall be dispersed by adequate means for the subject development satisfactory to the Director of Public Works. 6. Applicant shall pay drainage fees in an amount to be determined by the City of Palm Desert ordinance provisions. 7. A complimentary architectural theme shall be utilized in the formulation of a design concept for the entire restaurant complex. 8. A comprehensive sign program shall be submitted for the entire project through the City's Design Review process prior to the issuance of any building permits. 9. A five (5) foot sidewalk shall be constructed along 44th Avenue and Painters Path. 10. Parking lot lighting shall be approved by the Design Review Board. AGREEMENT I accept and agree, prior to use of this permit or approval, to com- ply with all the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow oc- cupancy on the user permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature) PLANNING COMMISSION RESOLUTION NO. 329 January 16, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Ln. Palm Desert, Ca. 92260 Reference: Case No. DP-01-78 Gentlemen: Page Five Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the origi- nal and three (3) copies of the water system plan to the Fire Marshal for re- view. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the de- sign of the water system in Case Number DP-01-78 is in accordance with the re- quirements prescribed by the Fire Marshal." 5. All buildings shall be protected by a fully automatic fire sprinkler system in accordance with NFPA Standard Number 13. Very truly yours, David L. Flake, Fire Chief Bud Engel, Fire Marshal BE:dt