HomeMy WebLinkAboutRes No 1497•
PLANNING COMMISSION RESOLUTION NO. 1497
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT TO
ALLOW CONSTRUCTION OF A FAMILY FUN PARK
INCLUDING TWO 18 HOLE GOLF COURSES, A
BUMPER BOAT POND, A NINE LANE BATTING CAGE
AND AN OFFICE/ARCADE/SNACK BUILDING ON A
2.2 ACRE SITE AT THE CORNER OF PAINTERS
PATH AND FRED WARING DRIVE.
CASE NO. CUP 91-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of March, 1991, hold a duly noticed
public hearing to consider the request of DR. BRUCE BAUMANN, for
approval of a conditional use permit to allow construction of a family
fun park including two 18 hole golf courses, a bumper boat pond, a nine
lane batting cage and an office/arcade/snack building on a 2.2 acre site
at the corner of Painters Path and Fred Waring Drive; 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 community development has determined that the project is consistent
with the previously approved Ahmanson Commercial Development Plan for
which a Final Environmental Impact Report has been certified; 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 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.
5. The conditional use permit is consistent with the intent of
the Ahmanson Commercial Development Plan, P.C.(3) plan and
General Plan.
PLANNING COMMISSION RESOLUTION NO. 149/
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
the findings of the commission in this case.
2. That approval of Conditional Use Permit 91-3
granted, subject to the attached conditions.
constitute
is hereby
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 5th day of March, 1991, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DOWNS, ERWOOD, JONTHAN, RICHARDS, WHITLOCK
NONE
NONE
NONE
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ON A. DIAZ,
RAM ary
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CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 149',
CONDITIONS OF APPROVAL
CASE NO. CUP 91-3
Department of Community 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 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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PLANNING COMMISSION RESOLUTION NO. 14977
9. Project is subject to Art in Public Places fee per Ordinance No.
473.
10. Final landscape plans shall comply with proposed August 24, 1989
parking lot tree planting master plan.
11. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
an agreement to maintain said landscaping for the life of the
project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors
and assigns.
12. Project shall be subject to all applicable provisions of the
Ahmanson Commercial Development Agreement including participation
in People Mover Program and payment of housing mitigation fees.
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 a grading
permit.
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 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.
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. Such
improvements shall include, but not be limited to, concrete curb
and gutter, asphalt paving, concrete sidewalk in an appropriate
size and configuration and installation of city standard driveway
approach. "As -built" plans shall be submitted to, and approved by,
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PLANNING COMMISSION RESOLUTION NO. 1497•
the Director of Public Works prior to the acceptance of the
improvements by the City.
6. All private driveways and parking areas shall be inspected by the
engineering department and a standard inspection fee paid prior to
the issuance of a grading permit.
7. Landscaping maintenance shall be the responsibility of the property
owner.
8. As required by the Palm Desert Municipal Code, any existing and
proposed utilities shall be placed underground per each
respective utility district's recommendation. If determined to be
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 valid
encroachment permits 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. Size, number and location of driveways shall be to the
specifications of the Department of Public Works with two driveway
approach to be allowed to serve this property. The westerly
driveway shall be located to the east of the Painters Path/Fred
Waring Drive intersection.
13. Building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
14. Prior to permit issuance, applicant shall provide evidence of the
abandonment/elimination of existing easements across the subject
property which may impact the proposed project.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above
referenced plan check the Fire Department recommends the following
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PLANNING COMMISSION RESOLUTION NO. 1497
fire protection measures be provided in accordance with City
Municipal Code, NFPA, UFC, and UBC and/or recognized Fire
Protection Standards:
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. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible
material is placed on the job site.
3. Provide, or show there exists a water system capable of providing
a potential gallon per minute 1500 for single family, 2500 for
multifamily, and 3000 for commercial. The actual fire flow
available from any one hydrant connected to any given water main
shall be 1500 GPM for two hours duration at 20 PSI residual
operating pressure.
4. The required fire flow shall be available from a Super hydrant(s)
(6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more
than 200' single family, 165 multifamily, and 150' commercial from
any portion of the buildings(s) as measured along approved
vehicular travelways. Hydrants installed below 3000' elevation
shall be of the "wet barrel" type.
5. 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 200' single family, 165' multifamily, and 150'
commercial 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.
6. Provide written certification from the appropriate water company
having jurisdiction that hydrant(s) will be installed and will
produce the required fire flow, or arrange field inspection by the
Fire Department prior to request for final inspection.
7. 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.
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
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PLANNING COMMISSION RESOLUTION NO. 1497
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."
"System has been designed to provide a minimum gallon per minute
um. flow of 1500, 2500, 3000."
8. 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 such as a
fully fire sprinklered building
9. Comply with Title 19 of the California Administrative Code in all
A,E,I occupancies. Arcade over 50 occupant load?
10. Install a complete fire sprinkler system per NFPA 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. This applies to all buildings with 5000
square feet or more building area as measured by the building
footprint, including overhangs which are sprinklered per NFPA 13.
The building area of additional floors is added in for a cumulative
total. Exempted are one and two family dwellings. Arcade 5,000
square feet plus.
11. Install a fire alarm (water flow) as required by the Uniform
Building Code 3803 for sprinkler system. Install tamper alarms on
all supply and control valves for sprinkler systems.
12. Certain designated areas will be required to be maintained as fire
lanes and shall be clearly marked by painting and/or signs approved
by the Fire Marshal.
13. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum requirement is UL central
station monitoring of sprinkler system per NFPA 71 and 72. Alarm
plans are required for all UL central station monitored systems,
systems where any interior devices are required or used. (U.F.C.
14-103(a))
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not
less than 2A1OBC in rating. Fire extinguishers must not be over
75' walking distance. In addition tot he above, a 40BC fire
extinguisher is required for commercial kitchens.
15. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to, deep
fryers, grills, charbroilers or other appliances which produce
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PLANNING COMMISSION RESOLUTION NO. 1497
grease laden vapors or smoke. NFPA 96, 17, 17a. Commercial
kitchen/snack bar?
16. 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). Fountains or
garden islands placed in the middle of these turn-arounds shall not
exceed a 5' radius or 10' diameter. City standards may be more
restrictive.
17. Whenever access into private property is controlled through use of
gates, barriers, guard houses or similar means provisions 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 16' with a minimum vertical clearance of 13'
6". One "F" frequency transmitter shall be provided to Fire
Marshal for each gate installed.
18. A dead end single access over 500' in length will require a
secondary access, sprinklers or other mitigative measure approved
by the Fire Marshal. Under no circumstances shall a single dead
end access over 1300 feet be accepted.
19. A second access is required. This can be accomplished by two main
access points from main roadway or an emergency gated access into
an adjoining development.
20. Contact the Fire Department for a final inspection prior to
occupancy.
21. This project may require licensing and/or review by State agencies.
applicant should prepare a letter of intent detailing the proposed
usage to facilitate case review. Contact should be made with the
Office of the State Fire Marshal (818-960-6441) for an opinion and
a classification of occupancy type. This information and a copy
of the letter of should be submitted to the Fire Department so that
proper requirements may be specified during the review process.
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PLANNING COMMISSION RESOLUTION NO. 1497
Typically this applies to educational, day car, institutional,
health care, etc.
22. Commercial buildings shall have illuminated addresses of a size
approved by the city.
23. All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior to
construction. Subcontractors should contact the Fire Marshal's
office for submittal requirements.
OTHER:
24. Project will require a minimum of one new fire hydrant and at least
one no parking "fire lane" stall to access arcade building.
25. If fenced, emergency access gates must be provided to batting cages
and golf areas directly from parking lot.
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