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HomeMy WebLinkAboutRes No 1404PLANNING COMMISSION RESOLUTION NO. 1404 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR EXPANSION OF THE SECURITY PACIFIC BANK COMPLEX (THREE RETAIL/RESTAURANT BUILDINGS-- 11,156 SQUARE FEET OF RETAIL AND A 2,760 SQUARE FOOT RESTAURANT) AT THE SOUTHWEST CORNER OF PORTOLA AND EL PASEO. CASE NOS. PP 89-26 AND CUP 89-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of December, 1989, hold a duly noticed public hearing to consider the request of SECURITY PACIFIC DEVELOPMENT COMPANY for the above mentioned project; and WHEREAS, said application has complied 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 cotmnuLity development has determined that the project will not have a significant impact on the environment 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 and reasons to exist to justify granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 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. PLANNIN COMMISSION RESOLUTION NO. 1404 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 Precise Plan 89-26 and Conditional Use Permit 89-9 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 19th day of December, 1989, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: /57 RAMON A. DIAZ, Secte SRS/tm 2 CAROL WHITLOC C, Chairperson 411110 PLANNING COMMISSION RESOLUTION NO. 1404 CONDITIONS OF APPROVAL CASE NOS. PP 89-26 AND CUP 89-9 Department of Oommauiity Development 1. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year of this decision unless an extension of time is granted; otherwise said approval shall became 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: Department of Public Works Palm Desert Fire Marshal Coachella Valley Water District Palm Desert Architectural Commission Palm Desert Pzuperty Owners Association Evidence of said permit of clearance fium 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. Prior to construction of building No. 2 the owner shall provide evidence to the city that the utility easement which exists under the proposed building has been vacated by all necessary agencies. 6. That the driveway leading to the automatic teller machine be striped and signed to facilitate stacking and also provide through traffic circulation of the parking lot. 7. Project shall pay all applicable development fees such as school, TUMF, arts in public places fees, and such other fees as are appropriate at time of issuance of building permit. 8. Trash provisions shall be approved by Palm Desert Disposal and the city prior to issuance of building permit. 3 PLANNING COMMISSION RESOLUTION NO. 1404 9. That the 2,760 square foot restaurant be limited to the patio dining limits contained in section 25.28.150 (i.e.: maximum of three tables and a maximum of 12 seats) . The applicant shall be permitted to move indoor seating to patio area, but not more than the total indoor plus 12 as determined by #10. 10. When a specific restaurant operator is ready to proceed, the proposed floor plan shall be brought to the planning commission for approval as a miscellaneous item. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction associated with 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. 4. 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 standards. Such improvements shall include, but not be limited to minimum six foot wide concrete sidewalk, handicap access ramps and drive approaches per city standards. 5. 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 commenced. Offsite improvement plans shall be reviewed and approved by the director of public works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As -built" plans shall be submitted to, and approved by, the director of public works prior to the acceptance of the improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 7. All landscaping maintenance be the responsibility of the property owner. 8. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, any existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be 4 PLANNING COMMISSION RESOLUTION NU. 1404 unfeasible, the applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 9. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to the issuance of any permits associated with this project. 10. Any and all offsite improvements shall be preceded by the approval of plans by the director of public works and the issuance of a valid encroachment permit by the department of public works. 11. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to the issuance of the grading permit. 12. Landscaping, walls and other site improvements within a 40-foot "clear sight triangle" shall be no higher than three feet above top of curb elevation. 13. Traffic safety striping shall be provided to the specifications of the director of public works. A traffic cont,wvl plan must be submitted to and be approved by the director of public works prior to placing any pavement markings. 14. The proposed access to Portola Avenue shall be physically restricted to right -turn egress only. 15. Permit issuance shall be subject to a waiver of parcel map first being approved and recorded. 16. Pad elevations, as shown on the site plan, are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1. The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. 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 gpn for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpn for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 5 PLANNING COMMISSION RESOLUTION NO. 1404 4. A combination of on -site and off -site Super fire hydrants, (6" x 4" 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. 5. The required fire flaw 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. 6. 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. 7. 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 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." 8. Install a complete fire sprinkler system per NNPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. 9. Install a fire alarm (waterflow) as required by the Uniform Building Code, 3803, for sprinkler system. 10. Install tamper alarm on supply valve for sprinkler systems. Must also ring building water flow alarm. 11. Certain designated areas will be required to be maintained as fire lanes. 12. 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). 13. Additional curb/island cut backs may be needed to permit access of fire equipment. 14. Contact the fire department for a final inspection prior to occupancy. SRS/tm 6