HomeMy WebLinkAboutRes No 1379PLANNING C{MMISSION RESOLUTION NO. 1379
A RESOLUTION OF THE PLANNING OCNMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RFIDING TO
THE CITY COUNCIL APPROVAL OF A GENERAL PLAN
AMENDMENT AND CHANGE OF ZONE FROM RESORT
0411141DECIAL TO REGIONAL CCMIERCIAL, A PRECISE PLAN
OF DESIGN, NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT, AND PARCR3, MAP TO CONSTRUCT A SIX ACRE,
56,942 SQUARE FOOT RETAIL PROJECT AND RESTAURANT
AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND FRED
WARING DRIVE.
CASE NOS. GPA 89-5, C/Z 89-12, PP 89-21 AND PM 24794
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did of the 5th day of September, 1989, hold a duly noticed public hearing to
consider the request of BIRTCHER-DUNHAM for the above mentioned project; and
WHEREAS, said application has ccnplied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental
Quality Act, Resolution No. 80-89," in that the director of caniuiity
development has determined that the project will not have a significant impact
on the environmental and a negative declaration has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts to justify their
actions, as described below:
1. The land use resulting from the change of zone would be compatible
with adjacent proposed land uses.
2. The density resulting from the change of zone would be compatible
with densities permitted in the adjacent areas.
3. The proposed change of zone would be compatible with the amended Palm
Desert General Plan.
4. The parcel map is consistent with and implements the requirements of
the City of Palm Desert Subdivision Ordinance, State Map Act and
conditions of approval for the precise plan.
5. The design of the precise plan will not substantially depreciate
property values nor be materially injurious to properties or
improvements in the vicinity.
6. The precise plan will not unreasonably interfere with the use of and
enjoyment of property in the vicinity by the occupants thereof for
lawful purposes.
7. The precise plan will not endanger the public peace, health, safety,
or general welfare.
PLANNING COMMISSION RESOLUTION NO. 1379
NOW, THEREFORE, BE IT RESOLVED by the Planning Cam fission of the City of
Palm Desert, as follows: os0
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That the planning commission does hereby recommend approval to the
city council.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Clx nissicn, held on this 5th day of September, 1989, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN: NONE
DONS, JONATHAN, RIC ARDS, WHITLOCK, AND ERWOOD
NONE
NONE
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RIC ARD ERWC OD, Chairman
PLANNING CatIESSICN RESOLUTION ND. 1379
OCrDITIOAS OF APPROVAL
CASE NOS. (PA 89-5, C/Z 89-12, PP 89-21 AND PM 24794
Department of Qimunity Development:
1. The development of the property shall conform substantially with exhibits
on file with the department of community development/planning, as modified
by the following conditions.
2. 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.
3. 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.
4. 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
City Fire Marshal
Public Works Department
Palm Desert Water & Services 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 a building permit for the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with
parking areas. Said placement shall be approved by applicable trash
company and department of community development.
6. All future occupants of the buildings (pad 1, 2 and 3) shall comply with
parking requirements of the zoning ordinance.
7. A detailed parking lot and building lighting plan shall be submitted to
staff for approval, subject to applicable lighting standards, plan to be
prepared by a qualified lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the department of
public works prior to architectural review commission submittal.
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PLANNIN3 COMMISSMIN RFSOLUPICN N0. 1379
9. Project is subject to Art in Public Places fee per Ordinance No. 473.
10. The architecture and landscape plans for the building on parcel 3 shall be
submitted for approval to the architectural review commission.
11. Approval of PP 89-21 does not include signage.
Department of Public Works:
1. Any drainage facilities construction required for this project shall be
contingent upon a drainage study prepared by a registered civil engineer
that is reviewed and approved by the department of public works prior to
start of construction.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos.
79-17 and 79-55, shall be paid prior to recordation of final map.
Signalization fees shall be paid in conjunction with the approval of
parcel map 20894 shall be credited against fees due for this project.
3. Full public improvements, as required by Sections 26.40 and 26.44 of the
Palm Desert Municipal Code, shall be installed in accordance with
applicable city and Caltrans standards. Improvements shall include, but
not be limited to the following:
Phase 1:
a. Construction of a deceleration/right turn lane for the Highway 111
project entry.
b. Construction of a deceleration/right turn lane for the westerly Fred
Waring Drive entry.
c. Increase in the width of both Fred Waring Drive entry points as shown
on the precise plan.
d. Provisions for the installation of a raised channelization median
island at the easterly Fred Waring Drive entry.
e. Construction of any sidewalk modification as may be necessary.
Phase 2:
a. Modification to the westerly curb line of the Highway 111 project
entry (widen the entry).
b. Median island design to prohibit left turn egress from both the
subject site as well as the property to the north.
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PLAID CCM IISSION RESOLUTION N0. 1379
Phase 1 improvements shall be constructed as a part of the initial project
construction. Phase 2 improvements shall be undertaken when construction
of a traffic signal at the Highway 111 project entry is undextaken by
others.
4. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the director of public works for
checking and approval before construction of any improvements is
catmenced. Offsite improvement plans to be approved by the public works
deparbment and a surety posted to guarantee the installation of required
offsite improvements prior to recordation of final map.
5. All public and private improvements shall be inspected by the department
of public works and a standard inspection fee shall be paid prior to
issuance of grading permits.
6. Landscaping maintenance on the property frontages shall be provided by the
property owner.
7. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specificaticns shall be submitted
to the director of public works for checking and approval prior to
issuance of any permits. In addition to all standard engineering design
parameters, the plan shall address appropriate circulation -related issues.
8. Traffic safety striping on Highway 111 and Fred Waring Drive shall be
provided to the specifications of the director of public works and
Caltrans and shall include the use of approved thermoplastic paint and
raised pavement markers. A traffic control plan must be submitted to, and
approved by, the director of public works prior to the placement of any
pavement markings.
9. Applicant shall provide for the design of a raised, landscaped median
island in Fred Waring Drive. The cosign shall be to the specifications of
the director of public works.
10. Complete parcel map shall be submitted as required by ordinance to the
director of public works for checking and approval and be recorded before
issuance of any permits.
11. Any and all offsite improvements shall be preceded by the approval of
plans and the issuance of valid encroachment permits by the department of
public works and Caltrans.
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PLAN CCNNIISSICN RFSOUJTICN AA. 1379
12. Pad elevations, as shown on the precise plan for tentative parcel map are
subject to review and modification in accordance with Chapter 27 of the
Palm Desert Municipal Code.
13. Waiver of access to Highway 111 and Fred Waring Drive except at approved
locations shall be granted cal the final map.
Riverside Ckxmty Fire Department:
1. Street widths -all of those that are less than 28 feet will require some
kind of fire lane designation.
2. Parking island/medians-may require additional cut/set
adequate access of emergency vehicles.
3. The fire department is required to set a minimum fire flow
or construction of all commercial buildings per Uniform
10.301.C.
backs to allow
for the remodel
Fire Cbde Sec.
4. Provide, or show there exists a water system capable of providing a
potential fire flow of 3000 gpn and the actual fire flow available from
any one hydrant connected to any given water main shall be 1500 gpm for 2
hours duration at 20 psi residual operating pressure.
5. A fire flow of 1500 gin for a 2 hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on
the job site.
6. A combination of on -site and off -site Super fire hydrants (6" x 2" x 2
1/2" x 2 1/2") will be required, located not less than 25' or more than
150' from any portion of the building(s) as measured along approved
vehicular travelways. The required fire flow shall be available from any
adjacent hydrant(s) in the system.
7. The required fire flow may be adjusted at a later point in the permit
process to reflect changes in design, construction type, area separations,
or built-in fire protection measures.
8. Prior to the application for a building permit, the developer shall
furnish the original and two copies of the water system plan to the county
fire department for review. No building permit shall be issued until the
water system plan has been approved by the county fire chief. Upon
approval, the original will be returned. One copy will be sent to the
responsible inspecting authority.
9. Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed by a
registered civil engineer and may be signed by the local water company
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PLANNING CCUMESSICN RESOL1JTICN NO. 1379
with the following certification: "I certify that the design of the water
system is in accordance with the requirements prescribed by the Riverside
County Fire Department."
10. Install a complete fire sprinkler system per NFPA 13. (Ordinary Hazard
Group II - Toys R Us). The post indicator valve and fire department
connection shall be located to the front, not 1Pss than 25' from the
building and within 50' of an approved hydrant.
11. Install a fire alarm (waterflow) as required by the Uniform Building OndP
3803, for sprinkler system.
12. Install tamper alarm on supply valve for sprinkler systems. TAMPER ALARM
MUST ALSO RING BUILDING WATER FLOW ALARM BELL.
13. Certain cisignated areas will be required to be maintained as fire lanes.
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less
than 2A10BC in rating.
15. All buildings shall be accessible by an all-weather roadway extending to
within 150' of all portions of the exterior walls of the first story. The
roadway shall be not less than 24' of unobstructed width and 13'6" of
vertical clearance. Where parallel parking is allowed, the roadway shall
be 36' wide with parking on both sides; 32' wide with parking on one side.
Dead-end roads in excess of 150' shall be provided with a minimum 45'
radius turn -around (55' in industrial developments).
16. Whenever access into private property is controlled through use of gates,
barriers, guard houses or similar means, provision shall be made to
facilitate access by emergency vehicles in a manner approved by the fire
department. All controlled access devices that are power operated shall
have a radio -controlled over -ride system capable of opening the gate when
activated by a special transmitter located in emergency vehicles. Devices
shall be equipped with backup power facilities to operate in the event of
power failure. All controlled access devices that are not power operated
shall also be approved by the fire department. Minimum opening width
shall be 12', with a minimum vertical clearance of 13'6".
17. Fire lanes: Fire access must be minimum 20 feet to allow adequate
ingress/egress.
18. Contact the fire department for a final inspection prior to occupancy.
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