HomeMy WebLinkAboutRes No 0945PLANNING COMMISSION RESOLUTION NO. 945
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW A 2880 SQ. FT.
RESTAURANT AT THE SOUTHEAST CORNER OF
SHADOW HILLS ROAD AND PALM DESERT DRIVE.
CASE NO. CUP 84-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of April, 1984, hold a duly noticed public hearing to consider a request of
FRANK URRUTIA for the above mentioned project.
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 the director of environmental services has determined that
the project will not have a significant affect on the environment and a Negative
Declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said conditional use permit:
1. The proposed location of the conditional use is in accord with the objectives
of the zoning ordinance and the purpose of the district in which the site is
located.
2. The proposed location of the conditional use and the conditions under which
it will be operated and maintained will not be detrimental to the public
health, safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. The proposed conditional use complies with the goals, objectives, and
policies of the city's adopted general plan.
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. That approval of Conditional Use Permit 84-2 is hereby granted for reasons
subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 17th day of April, 1984, by the following vote, to wit:
AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RALPH B. WOOD, Chairman
ATTE�I'�
RAMON A. DIAZ, becretary
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PLANNING COMMISSION RESOLUTION NO. 945
CONDITIONS OF APPROVAL
CUP 84-2
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits on file
with the department of environmental services, as modified by the following
conditions.
2. 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 and
building permit procedures.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to allow
municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
5. 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
City Fire Marshal
Palm Desert Building Department
6. Valet parking shall be initially prohibited for a period of at least one year and must
thereafter receive approval from the technical traffic advisory committee.
7. All off-street parking areas shall be screened from the street by a decorative
masonry wall at a height of 42 inches above the parking lot pavement level.
8. The wall on the southern boundary shall be 8 feet in height and step down to 3 feet
adjacent to Shadow Hills Road.
9. Trash bins shall be relocated to the north side of Shadow Hills driveway.
City Fire Marshal:
10. Install a water system capable of delivering 3000 GPM fire flow from any fire
hydrant for a 3-hour duration in addition to domestic 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. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
11. Install Riverside County super fire hydrants located at each intersection:
a. but not greater than 400 feet apart in any direction.
b. so that no point of any building is more than 200 feet from a fire hydrant
measured along approved vehicular travel ways.
c. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
d. curbs shall be painted red 15 feet in either direction from each hydrant.
e. hydrants shall not be located closer than 25 feet to any building.
12. Prior to recordation of the final map, the developer shall furnish the original and
three copies of the water system plan to the fire marshal for review.
13. Prior to issuance of a building permit, the developer shall furnish the original and 3
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PLANNING COMMISSION RESOLUTION NO. 945
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.
14. 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 CUP 84-2 is in accordance with the requirements prescribed
by the fire marshal."
15. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
16. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
17. Fire lanes are required.
Department of Public Works:
18. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
19. Full public improvements, including traffic safety lighting, as required by
ordinance and the director of public works, shall be installed in accordance with
city standards.
20. Complete improvement plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval before construction of
any improvements is commenced. The subdivider shall submit "as -built" plans prior
to acceptance of the subdivision improvements by the city.
21. Landscaping maintenance on Shadow Hills/Highway 111 shall be provided by the
homeowner's association.
22. Existing utilities on the frontage road shall be undergrounded.
23. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
24. Installation of curb and gutter at twenty feet from centerline, matching paving and
sidewalk on Shadow Hills.
25. Off site improvement plans to be approved by the public works department and a
surety posted to guarantee the required offsite improvements prior to building
permits being issued.
26. Size, number and location of driveways to public works specifications.
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