HomeMy WebLinkAboutRes No 668PLANNING COMMISSION RESOLUTION NO. 668
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN, CONDITIONAL
USE PERMIT AND CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT
TO ALLOW THE CONSTRUCTION OF A COMMERCIAL/RESORT/RESIDENTIAL
DEVELOPMENT ON 30 ACRES LOCATED AT THE NORTHEAST CORNER OF
HIGHWAY 111 AND DEEP CANYON ROAD.
CASE NOS. CUP 07-80, DP 07-80, EIR 01-80
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did hold a duly noticed public hearing on the 3rd day of June, 1980, readvertised
and continued the public hearing to the 30th day of December, 1980, to consider a
request by C. ROBERT HUBBARD, J.E. RAPKIN AND BERNARD SOLOMON for approval of a
Development Plan, Conditional Use Permit and Certification of a Final Environmental
Impact Report to allow construction of a 144 unit hotel, 65 unit condominium, a
40,000 sq.ft. Supermarket, 5,000 sq.ft. Restaurant, and 70,000 sq.ft. commercial/
financial complex located at the northeast corner of Highway 111 and Deep Canyon Rd.,
more particularly described as:
APN 625-10-004, 625-10-006, 625-10-008
625-10-009, 625-10-015, thru 625-10-022
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that a draft Environmental Impact Report has been completed
in accordance with the requirements of CEQA; and,
and
did
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
arguments, if any, of all interested persons desiring to be heard, said Commission
find the following facts to justify their actions, as described below:
1. Environmental Impact Report:
a) The EIR has been completed in
of CEQA.
b) Any potential adverse impacts
of the EIR submitted.
accordance with the requirements
have been considered as a part
2. Development Plan:
a) The proposed project conforms with the intent and purpose
of the PR and PC-4 Zones.
b) The proposed project as conditioned is well suited for
the specific site and is compatible with the existing
and proposed development in the area.
c) The proposed project will not be detrimental to the Health,
Safety, and General Welfare of the community.
3. Conditional Use Permit:
a) The proposed project as conditioned would be adequately
suited for the subject property and would be compatible
with existing and proposed development in the area.
b)
c)
d
The proposed Supermarket as conditioned generally
conforms to the intent and purpose of C-1 Zone District,
Redevelopment Plan and City's General Plan.
The proposed project as conditioned would not be detri-
mental to the public health, safety or welfare or will
be materially injurious to properties or improvements
in the vicinity.
The proposed use complies with goals, objectives and
all policies of the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 668 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, correct and constitute the
findings of the Commission in these cases.
2. That the Planning Commission does hereby certify the final EIR
as complete to include:
a) The draft EIR;
b) Comments received on the draft EIR and related responses
by City; and,
c) Public Testimony regarding the EIR during the Public Hearings
and related responses.
3. That the Planning Commission does hereby approve a Conditional
Use Permit and Development Plan subject to those conditions
labeled Exhibit "A" attached hereto.
PASSED, APPROVED and ADOPTED at the meeting of the Palm Desert Planning
Commission on the 30th day of December, 1980, by the following vote, to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE
ATTEST:
-1
AN A. DIA
/lr
, secretary
CHARLES N11LLER, Chairman
PLANNING COMMISSION RESOLUTION NO. 668 Page Three
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NOS. CUP 07-80 and DP 07-80
STANDARD CONDITIONS:
1. Planning Commission approval of Case Nos. CUP 07-80 and DP 07-80 is subject to
City Council approval of Change of Zone 01-80.
2. The development of the property shall conform substantially with Exhibits A
thru E (Case Nos. DP 07-80 and CUP 07-80) on file with the Department of
Environmental Services, as modified by the following conditions.
3. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the
procedural requirements of the City which include, but are not limited to
Design Review, Subdivision process, and building permits procedures.
4. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all Municipal Code requirements to the
degree that the City could consider each phase as a single project, and have
specific approval from the Planning Commission.
5. Construction of a portion of said project shall commence within one year from
the date of final approval otherwise said approval shall become null, void and
of no effect whatsoever.
6. Prior to the issuance of any City permits for the commencement of construction
on said project, the applicant shall agree in writing to these conditions of
approval.
7. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all
Municipal Ordinances and State and Federal Statutes now in force, or which
hereafter may be in force.
8. All existing electrical distribution lines, telephone, cable antenna television,
and similar service wires or cables, which are adjacent 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.
9. All requirements of the City Fire Marshal shall be met as a part of the
development of this project per attached letters dated 5/22/80 & 12/11/80.
10. 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.
11. Traffic control provisions shall be provided as required by the Director of
Public Works.
12. 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.
13. 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 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 the building permit for the use contemplated herewith.
14. No development shall occur on the subject property prior to its consolidation
or resubdivision and recordation of a final map.
PLANNING COMMISSION RESOLUTION NO. 668 Page Four
SPECIAL CONDITIONS
1. Drainage facilities shall be provided per Ordinance No. 218 and the master
drainage plan to the specifications of the Public Works Director.
2. Additional storm drain construction shall be contingent upon a drainage
study by the applicant's engineer; said additional storm drainage construction
shall be designed to protect the site from storm water flows.
3. Applicant shall dedicate and improve that portion of Deep Canyon Road,
adjacent to the property, to coincide with the existing curb, gutter, and
paved roadway abutting the subject property to the north.
4. Applicant shall dedicate sufficient parkway to assure that the ultimate
improvements of Deep Canyon Road are provided for in manner to coincide
and be uniform with existing improvements north of the subject property.
5. There shall be no night deliveries to the supermarket between the hours of
10:00 p.m. and 8:00 a.m.
6. All mechanical equipment associated with the development shall be equipped
with manufacturer -supplied noise control devices and screened to satisfaction
of Design Review Board.
7. Street improvements along Highway 111 shall be made as required by the State
of California Department of Transportation.
8. Landscape plans submitted for review as a part of the Design Review process
shall include special details related to:
a. Preservation of Date Palms.
b. Treatment along Deep Canyon and Highway 111 relative to mounding and
landscape materials.
c. Interior perimeter particularly adjacent to the existing condo
development in terms of mounding and landscape materials.
d. Commercial center parking lot particularly in terms of the relationship
of landscape to lighting.
e. On -site water retention.
9. The supermarket loading area shall be enclosed by a masonry wall or an
equivalent combination of grade differential and masonry wall as approved
by Design Review Board.
10. Parking lot area next to supermarket shall be modified to delete some of
the ingress and egress points to diagonal circulation aisle between Deep
Canyon Road and new public street from Highway 111; said modification shall
be subject to approval by Design Review Board.
11. Traffic signal at northeast corner of Deep Canyon Road and Highway 111 shall
be relocated to satisfaction of Director of Public Works and Environmental
Services.
12. Height of windows of retail shops, adjacent to Hidden Palms shall be limited
to 6 feet.
13. Height of retail shops, adjacent to Hidden Palms shall be a maximum of
18 feet.
PLANNING COMMISSION
RESOLUTION NO. 668
May 22, 1980
DEPARTMENT OF FIRE PROTECTION
!N i.:OOPF.NA i ION Ki f N , ,.
'1 '.!F!NIA DIV!-iloN U !,2F.
;... FLAKE
;>_:N,.._; !PE.
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Page Five
Reference: Case No. DP07-80, C/Z 01-80, CUP 07-80
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1. Install a water system capable of delivering 5000 GPM fire flow for a five (5)
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 150 feet from a fire hydrant measured along approved vehicular
travel ways.
A. Hydrants shall not be located closer than 25 feet to any building.
R. 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 original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval, one copy will be sent to the Ruilding 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 DP07-80, etc., is in accordance
with the requirements prescribed by the Fire Marshal."
5. Prior to delivery of combustible materials to the building site, the required
water system shall he installed, operating and delivering the required flow.
PLANNING COMMISSION
RESOLUTION NO. 668
Page Six
-page 2-
6. All buildings shall be fully protected with automatic sprinklers.
7. Fire lanes may be required for access to buildings.
Very truly yours,
David L. Flake
Fir Chief
Eric L. Vogt
Fire Marshal
ELV:dt
CC: CVCWD; J. Zimmerman
PLANNING COMMISSION RESOLUTION NO. 668
Page Seven
DEPARTMENT OF FIRE PROTECTION
December 11, 1980
Philip Drell
Assistant Planner
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
IN COOPERAT ION WITH HF.
CA: .IFORNIA r '/
DAVL; L . F"LAKF
(_:nuNT' . IRF. WAk[ N
!'.a " 1 1980
ENVII<U1,41.4L i4 ; AL SERVICES
CITY OF PALM DESERT
r'E RP ;qN! A :t37C,
'4; 65,
Reference: Draft Environmental Impact Report on "The Fountains."
Gentlemen:
In viewing this Draft EIR of "The Fountains", fire protection
is only slightly mentioned as "adequate and no negative impacts are
predicted." I feel very concerned that fire protection and life
safety be given a higher priority and be provided for by the developer.
In order that the developer adequately contribute towards the
City of Palm Desert's responsibility for fire protection, the developer
must provide built-in fire protection. This built-in fire protection
includes Automatic Fire Sprinkler systems, Automatic Smoke and
Ventilation Control systems and a Fire flow to meet the demand of the
development. These fire protection systems must be imposed at the
initial development stages if the project is phased so that the
entire project is provided with adequate fire protection.
If you have any questions or need further information, please
call me at Rancho Mireage Fire Station.
Sincerely yours
DAVID L. FLAKE
Fire Chief
ERIC L. V O+G'i
Fire Marshal