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HomeMy WebLinkAboutRes No 402PLANNING COMMISSION RESOLUTION NO. 402 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS AND APPROVING AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW RELATIVE TO THE SITE PLAN, AND RELATED PARKING VARIANCE ON PROPERTY LOCATED SOUTH OF HIGHWAY 111, EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend.) and 92C WHEREAS, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed Public Hearing on September 5, 1978, to consider a request by PDR ASSOCIATES for approval of an Amend- ment to an approved Development Plan which provided for a 44,000 sq. ft. restaurant complex; 32,000 sq. ft. of restaurant space and 28,000 sq. ft. of ancillary commercial space now being proposed and an Amendment to the related parking Variance which previously reduced the number of required spaces from 660 to 536, the applicant now requesting a reduction from 592 spaces to 515 spaces on approximately 8.5 acres within the P.C.(4), S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone lo- cated south of Highway 111, east of Painters Path and north of 44th Ave- nue, more particularly 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. 78-32," in that the Director of Environmental Services has determined that the project is exempt from further environmental documentation; 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 and Preliminary Design Review relative to the revised site plan: 1. The proposed development, as revised, is consistent with the City's adopted General Plan. 2. The proposed development, as revised, is consistent with the City's adopted Redevelopment Plan. 3. The design or improvement of the proposed development, as revised, will be consistent with the Palm Desert Zoning Ordinance; 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 granting of a Variance to reduce the number of parking spaces from the required 592 spaces to 515 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. The mandatory findings the Planning Commission must make when granting a Variance is specificed in Sec. 25.78.070 of the Palm Desert Municipal Code,:, are applicable to the subject case. PLANNING COMMISSION RESOLUTION NO. 402 Page Two 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 this case. 2. The Planning Commission does hereby approve an amended Development Plan (DP 01-78 (Amend.) for reasons stated, subject to conditions. 3. The Planning Commission in approving this Development Plan No. 01-78 (Amend.) does hereby grant a Variance to reduce the number of parking spaces from the required 592 spaces to 515 spaces for the pro- ject. 4. The Conditions of Approval for Case No. DP 01-78 (Amend.) attached to this Resolution superscede all previous Conditions of Approval for related Case No. DP 01-78. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of September, 1978, by the following vote, to wit: AYES: BERKEY, KELLY, SNYDER NOES: NONE ABSENT: KRYDER ABSTAIN: FLESHMAN ATTEST: PAUL A. WILLIAMS, /ks Secretary GLORIA . KELLY, Chairir ian 11. PLANNING COMMISSION RESOLUTION NO. 402 Page Three CONDITIONS OF APPROVAL CASE NOS. DP 01-78 (Amend.) Standard Conditions: 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case and as revised accord- ing 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 conditions 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 clearance. 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. The Fire Protection Requirements as specified in the Fire Marshal's memo dated Jan. 16, 1978, attached hereto, shall apply. 10. 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. 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. PLANNING COMMISSION RESOLUTION NO. 402 Page Four Special Conditions: 1. No ingress and egress shall be allowed off of Highway 111. 2. All curbs, gutters, sidewalks, and tie-in paving improvements shall be required in the exterior of this tract. 3. Applicant shall install traffic safety lighting as required by the Director of Public Works. 4. Applicant shall maintain the City entrance island at Painters Path and Highway 111 insofar as electrical energy and landscape maintenance is concerned. 5. Applicant shall pay drainage fees in an amount to be determined by the City of Palm Desert ordinance provisions. 6. The storm drain for this development shall be approved by the Director of Public Works. 7. The applicant shall' make a $10,000 contribution to the City of Palm Desert Traffic Signalization Fund. 8. A complimentary architectural theme shall be utilized in the formulation of a design concept for the entire complex. 9. A comprehensive sign program shall be submitted for the entire project through the City's Design Review process prior to the is- suance of any building permits. 10. Parking lot lighting shall be approved by the Design Review Board. 11. A five (5) foot sidewalk shall be constructed along 44th Avenue and Painters Path or an acceptable alternative to the Design Review Board. Design Review Conditions: 1. Prior to entering Plan Check, the applicant shall submit detail- ed construction drawings to the Design Review Board for consid- eration and approval. Said drawings shall comply to the Condi- tions of Approval herein, to the Conditionsof all related City approvals and all Municipal Codes. Said drawings shall be com- prehensive as to their compliance with the submittal require- ments as specified 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 clearance 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 follow- ing 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. e. Restudy landscaping and earl-ing lot area. PLANNING COMMISSION RESOLUTION NO. 402 Page Five Design Review Conditions: (Cont.) 2.f. Restudy of traffic triangle by City Traffic Committee. 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. 402 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 Six 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 &LeP Bud Engel, Fire Marshal BE:dt