HomeMy WebLinkAboutRes No 400PLANNING COMMISSION RESOLUTION NO. 400
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND-
INGS AND APPROVING A CONDITIONAL USE PERMIT AND
PRELIMINARY DESIGN REVIEW TO ALLOW 60,064 SQ. FT.
OF COMMERCIAL SPACE INCLUDING TWO RESTAURANTS ON
APPROXIMATELY 5.4 ACRES GENERALLY LOCATED EAST OF
HIGHWAY 74, BETWEEN HIGHWAY 111 AND EL PASEO.
CASE NOS. CUP 09-78 and 91C
WHEREAS, pursuant to the provisions of the Palm Desert Zoning
Ordinance, the Planning Commission did on the 5th day of September,
1978, hold a duly noticed Public Hearing to consider a request by
HUGHES INVESTMENTS for approval of a Conditional Use Permit and Pre-
liminary Design Review to allow 60,064 sq. ft. of commercial space
including two restaurants on approximately 5.4 acres within the C-1, S.P.
(General Commercial, Scenic Preservation Overlay) zone generally located
east of Highway 74, between Highway 111 and El Paseo, more particularly
described as:
APN 627-192-014
APN 627-192-025
APN 627-192-003
APN 627-192-026
APN 627-192-004
APN 627-192-012
APN 627-192-027
APN 627-192-005
WHEREAS, said application has complied with the requirements
of the "City of Palm Desert Environmental Quality Procedure Resolution
No. 78-32," in that the Director of Environmental Services has deter-
mined that the project will not have a significant adverse effect on
the environment and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons desir-
ing to be heard, said Commission did find the following facts and rea-
sons to exist to justify the granting of said Conditional Use Permit
and approving the Preliminary Design Review:
1. The proposed development complies with the goals, ob-
jectives, and policies of the City's General Plan.
2. The proposed development will comply with each of the
applicable provisions of the Zoning Ordinance.
3. The location of the proposed development and the condi-
tions under which it will be maintained will not be
detrimental to the public health, safety, or welfare or
be materially injurious to properties or improvements in
the vicinity.
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 consti-
tute the findings of the Commission in these cases.
2. That the Condi.ti_onal. Use Permit (CUP 09-78) and approval of
preliminary Design Review (91C) is hereby granted for reasons subject
to the attached conditions.
3. The request for joint use parking for the proposed restau-
rant to be located in Building #6 is hereby approved.
PLANNING COMMISSION
RESOLUTION NO. 400 Page Two
PASSED, APPROVED, and ADOPTED at a regular meeting of the
Palm Desert Planning Commission, held this 5th day of September,
1978, by the following vote, to wit:
AYES: BERKEY, FLESHMAN, KELLY, SNYDER
NOES: NONE
ABSENT: KRYDER
ABSTAIN: NONE
ATTEST:
PAUL
/ks
A. WILLIAMS, Secretary
GLORIA KELLY, Chairman
enni
PLANNING COMMISSION
RESOLUTION NO. 400 Page Three
CONDITIONS OF APPROVAL
CASE NOS. CUP 09-78 and 91C
Standard Conditions:
1. The development of the property shall conform substantially
with that shown on plot plan marked Exhibit 'A' on file with the
Department of Environmental Services, Case No. CUP 09-78, unless
otherwise amended by the following conditions.
2. Prior to the 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 public agencies:
Riverside County Dept. of Health
Director of Public Works - City of Palm Desert
Palm Desert Design Review Board Process
City Fire Marshal - City of Palm Desert
Coachella Valley County Water District
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 uses contemplated here-
with.
3. The Fire Protection Requirements as specified in the Fire Marshal's
memo dated August 17, 1978, attached hereto, shall apply.
4. Construction of the development shall be in phases with the pads
for Buildings 5 & 6 and the complete landscaping done as part ofPhase I.
5. The sewerage disposal system shall be submitted to and approved
by the Coachella Valley County Water District prior to issuance
of a building permit.
6. Construction shall commence within one (1) year after final approval,
otherwise said approval shall become null and void and of no effect
whatsoever.
7. Prior to the issuance of any permits, the applicant shall agree
in writing to any Conditions of Approval.
8. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all the requirements, limitations, and restrictions
of all municipal ordinances and State and Federal Statutes now in
force, or which hereafter may be in force.
All new and existing electrical distribution lines, telephone,
cable antenna television,. and similar service wires or cables,
which are adjacent to and provide service to the property being
developed shall be installed underground as a part of development
from the nearest existing pole not on the property being developed.
10. Service access shall be provided to potential
required loading areas.
11. Applicant shall pay required drainage fees as
City of Palm Desert Ordinances.
stores including
prescribed by the
PLANNING COMMISSION
RESOLUTION NO. 400 Page Four
Special Conditions:
1. Traffic signal lighting shall be as approved by the Director
of Public Works.
2. Applicant shall make a contribution to the Palm Desert Signali-
zation Fund at El Paseo and Highway 74 in the amount of $10,000.
3. Curbs, gutters, sidwalks and tie-in paving shall be required
adjacent to the perimeter of this development.
4. Traffic safety lighting shall be installed in accordance with
the approval of the Director of Public Works.
5. This approval is subject to completion of abandonment procedings
by the City on the area proposed for abandonment.
6. Allow for exit only on Highway 111 frontage.
Design Review Conditions:
1. Prior to entering Plan Check, the applicant shall submit detailed
construction drawings to the Design Review Board for consideration
and approval. Said drawings shall comply to the Conditions of
Approval herein, to the Conditions of all related City approvals
and all Municipal Codes. Said drawings shall be comprehensive
as to their compliance with the submittal requirements as speci-
fied in the Boards application form. The building permit, when
issued, shall include all elements reviewed and approved by the
Design Review Board. No certificate of use and/or final clear-
ance shall be given by the Department of Environmental Services
until construction is in total compliance with the approved plans,
shall have been completed.
2. In addition, the applicant shall submit particular detailed plans,
as a part of the construction drawings, for the following items
which the Board feels are of major concern:
a. Wall materials - both on the interior & exterior of the pro-
ject.
b. Mechnical equipment locations, such as A/C units.
c. Comprehensive sign program.
d. Major entrance to the project.
3. Any/all overhead utility distribution lines shall be undergrounded
pursuant to the provisions of Sec. 25.56.110 of the Municipal Code
4. Access to and from the frontage road directly west of the proposed
restaurant shall be eliminated and the parking spaces in that area
changed to 90° spaces.
5. Proposed intersection at the northwest corner of the project shall
be redesigned to eliminate some of the potential conflicts.
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PLANNING COMMISSION
RESOLUTION NO. 400 Page Five
Design Review Conditions: (Cont.)
6. Restudy the traffic pattern at projects northwest corner to pro-
vide for ingress traffic only.
7. Building three shall have a 5 ft. setback from El Paseo. The
second story of building three shall have a 10 ft. setback from
the east property line.
8. The landscaping plan shall be revised to incorporate the following
suggestions:
a. Avoid using pinus halepenis in the project and replace with
pinus canariensis.
b. Avoid using jacaranda in pedestrian areas.
c. Use palm trees dispersed throughout the project for variety
and spark.
d. Use Boston Ivy or similar plan material to soften columns
throughout the project.
e. Rework the landscaping along El Paseo to provide for a 10 ft.
sidewalk with tree wells, 40 ft. on center.
f. Street trees shall be ficus retusas.
9. The projects sign program shall be restudied to:
a. Distinguish between vehicle and pedestrian oriented signs.
b. Provide that signs viewed from El Paseo and Highway 111, use
names only. Internal signs may use a logo or symbol in addi-
tion to the business name or identification.
c. Provide a uniform sign shape for major signs facing the street.
Such signs shall be 20" by 10'.
AGREEMENT
I accept and agree, prior to use of this permit or approval, to comply
with all the conditions set forth, and understand the Department of
Building and Safety will not issue a building permit or allow occupancy
on the use permitted until this signed confirmation has been received
by the Department of Environmental Services.
(Date) (Applicant's Signature)
PLANNING COMMISSION
RESOLUTION NO. 400
August 17, 1978
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Reference: Case No. CUP 09-78 & 91C
Page Six
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1. Install a water system capable of delivering 3500 GPM fire flow for a three
(3) 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
review. 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 design of the water system in Case Number CUP09-78 is in accordance
with the requirements prescribed by the Fire Marshal
•
5. Prior to delivery of combustible materials to the building site, the water
system shall be installed, operating and delivering the required flow.
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David J. 0rtegel
Fire Marshal
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