HomeMy WebLinkAboutRes No 519PLANNING COMMISSION RESOLUTION NO. 519
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN
AMENDMENT TO AN APPROVED DEVELOPMENT 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 VAR 01-78 (Amend.)
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did hold a duly noticed Public Hearing on July 31, 1979, to consider a request
by PDR ASSOCIATES for approval of an Amendment to an approved Development Plan
which provided for development of a restaurant complex with ancillary commercial
uses, and a related parking variance, on approximately 8.5 acres within the
P.C.(4), S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone
located south of Highway 111, east of Painters Path and north of 44th Avenue,
more particularly described as:
APN 621-302-005
APN 621-302-006
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 follow-
ing facts and reasons to exist to justify the approval of the subject amended
Development 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 follow-
ing facts and reasons to exist to justify the granting of a Variance to reduce
the number of parking spaces from the required 627 spaces to 508 spaces for
the project:
1. Employment of joint -use parking will compensate for a considerable
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 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, California, as follows:
1. That the above recitations are true and correct and constitute
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.
PLANNING COMMISSION
RESOLUTION NO. 519
Page Two
3. The Planning Commission in approving this Development Plan
No. 01-78 (Amend.) does hereby grant a Variance (VAR 01-78, Amend.) to
reduce the number of parking spaces from the required 627 spaces to 508
spaces for the project.
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 an adjourned meeting of the Palm Desert
Planning Commission, held on this 2nd day of August, 1979, by thefollowing vote,
to wit:
AYES: Berkey, Kryder, Snyder
NOES: None
ABSENT: Miller
ABSTAIN: Fleshman
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WALTER SNYDER, Chairma
ATTEST:
AUL A. WILLIAMS, Secreta}y
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PLANNING COMMISSION
RESOLUTION NO. 519 Page Three
CONDITIONS OF APPROVAL
CASE NOS. DP. 01-78 (Amend.), and VAR 01-78 (Amend.)
Amendment Conditions:
1. The development of this project shall conform substantially to all
revised plans submitted in behalf of this case, which superscede all
other plans previously submitted.
2. This amendment is granted for a project consisting of: Five restaurants,
totaling approx. 35,100 sq. ft. of floor area; plus, ancillary commer-
cial uses, totaling approximately 24,900 sq. ft.; with, 508 parking
spaces to be developed on the site.
3. With the exception of the site plan arrangement,floor area uses, and
number of parking spaces to be provided, all other conditions of
approval of Case No. DP 01-78 (Amend.), as required in Planning Commission
Resolution No. 402, shall be applicable to development of the project;
as noted in the following "Standard", "Special", and "Design Review"
conditions:
Standard Conditions:
1. The development of this project shall conform substantially to all revised
plans submitted in behalf of this case 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 adjoining 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.
b. All utility service and distribution lines on or abutting the subject
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 required by the
Director of Public Works.
9. The Fire Protection Requirements as specified in the Fire Marshal's memo
dated Jan. 16, 1978, attached to Planning Commission Resolution No. 402,
shall apply.
PLANNING COMMISSION
RESOLUTION NO. 519
Page Four
Standard Conditions: (Continued)
10. Prior to issuance of a building permit for construction of any use con-
templated 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.
11. 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.
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 issuance 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 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
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 Depart-
ment of Environmental Services until construction, in total compliance with
the approved plans, shall have been completed.
PLANNING COMMISSION
RESOLUTION NO. 519
Page Five
Design Review Conditions: (Continued)
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 project.
b. Mechanical equipment locations, such as A/C units.
c. Comprehensive sign program
d. Major entrance to the project.
e. Restudy landscaping and parking lot area.
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 per-
mitted until this signed confirmation has been received by the Department
of Environmental Services.
Date Applicant's Signature