HomeMy WebLinkAboutRes No 0952PLANNING COMMISSION RESOLUTION NO. 952
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION AND OPERATION OF A 12,000 SQ.FT.
RESTAURANT IN A GENERAL COMMERCIAL ZONE,
AND A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO LOCATED ON A 13.1
ACRE SITE WEST OF HWY 111, 300 FEET NORTHWEST
OF PAINTERS PATH, MORE PARTICULARLY
DESCRIBED AS APN 640-002-003.
CASE NO. CUP 84-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of May, 1984, hold a duly noticed public hearing and continued hearing on May
15, and June 5, 1984, to consider a request by DONALD McMILLAN for TOP OF THE
DESERT, LTD., 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 of Environmental Impact should be certified.
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 84-1 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 5th day of June, 1984, by the following vote, to wit:
AYES: CRITES, DOWNS, RICHARDS, WOOD
NOES: ERWOOD
ABSENT: NONE
ABSTAIN: NONE
FOR ID r• ITES, Chairman
ATTEST: -7
4-2
, - RAMON A. DI Z, Secretary
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PLANNING COMMISSION RESOLUTION NO. 952
CONDITIONS OF APPROVAL
Case No. CUP 84-1
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:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
Palm Desert Building Department
California Department of Transportation
6. Valet Parking shall be permitted along the upper level of the parking lot.
7. All off-street parking areas shall be screened by a decorative masonry wall or
landscaping at a height of 24 inches above the parking lot pavement level.
8. All cut and fill locations to be treated with Eonite or equal substance and with rock
outcroppings constructed into these areas to the satisfaction of the planning
com mission.
9. Restaurant square footage, including outdoor terraces if utilized for seating and
both levels of structure shall be limited to 12,000 sq.ft.
10. Applicant shall obtain clearance from the technical traffic advisory committee in
regards to parking stall grades and traffic safety prior to opening and any
additional requirements thereafter.
11. All undeveloped portions of property shall remain undisturbed.
12. Retaining walls shall be decorated with native stone.
13. Landscaping on site to be predominantly creosote except where screening is
required or as required by the architectural commission.
14. Storm drain to be either a painted pipe to match hillside or a rock lined channel
treated with Eonite.
Department of Public Works:
15. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
16. Full public improvements, including traffic safety lighting, as required by
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PLANNING COMMISSION RESOLUTION NO. 952
ordinance and the director of public works, shall be installed in accordance with
city and/or state standards.
17. Landscaping maintenance on Highway 111/Painters Path shall be provided by the
property owner.
18. 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 including appropriate permission for off -site grading.
19. Dedication of right-of-way on Highway 111 shall be done prior to issuance of any
permits and approval of plans and to Caltrans standards.
20. Installation of curb and gutter, matching paving and sidewalk on Highway 111 per
Caltrans standard.
21. Size, number and location of driveways to public works specifications.
22. Only one driveway approach will be allowed to serve this property. Size and
location to public works specifications.
23. Maximum driveway grade is fifteen percent.
24. Conditions of approval as may be required by Caltrans.
Fire Marshal:
25. Install a water system capable of delivering 3500 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.
26. Install Riverside County super fire hydrants located:
a. so that no point of any building is more than 200 feet from a fire hydrant
measured along approved vehicular travel ways.
b. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
c. curbs shall be painted red 15 feet in either director from each hydrant.
d. hydrants shall not be located closer than 25 feet to any building.
27. Prior to issuance of a building permit, the develoepr shall furnish the original and
three copies o 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.
28. 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 84-1 is in accordance with the requirements prescribed
by the fire marshal."
29. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
30. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
31. Alternate access may have to be provided for emergency vehicles.
32. Fire lanes with no parking shall be required.
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PLANNING COMMISSION RESOLUTION NO. 952
Special Conditions
33. Roadway leading to restaurant to be chip sealed in areas the commission deems
necessary.
34. Parking lot lighting fixtures to be a maximum of 8 feet in height above pavement
level.
35. Adjacent to driveway and parking area, screening to a height of 30" shall be
achieved through the use of native stone and native plant materials.
36. Delivery hours to be between 8:00 a.m. and 3:00 p.m.
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