HomeMy WebLinkAboutRes No 1623PLANNING COMMISSION RESOLUTION NO. 1623
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING THE CONSTRUCTION AND OPERATION
OF A 20 ACRE MULTI -USE, PAY FOR PLAY,
RECREATION FACILITY ON THE SOUTH SIDE OF
HOVLEY LANE, EAST APPROXIMATELY 200 FEET
AND WESTERLY OF CORPORATE WAY.
CASE NO. CUP 93-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 1st day of June, 1993, hold a duly noticed
public hearing to consider the request of RONALD ODEKIRK for approval
of a conditional use permit to construct and operate a 20 acre multi-
use, pay for play, recreation facility on city -owned property located
on the south side of Hovley Lane, 200 feet westerly of Corporate Way;
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 would not have
a significant adverse environmental impact; 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.
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 93-3 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1623
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 15th day of June, 1993, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BEATY, COX, JONATHAN, WHITLOCK
SPIEGEL
NONE
NONE
RAMON A. DIAZ, ec7ary
Palm Desert PlanniCommission
/tm
2
PLANNING COMMISSION RESOLUTION NO. 1623
CONDITIONS OF APPROVAL
CASE NO. CUP 93-3
Department of Community Development/Planning:
1. Plans shall conform to plan dated June 1, 1993 on file in the
Department of Community Development.
2. Outdoor lighting of sports activities shall be turned off at 11:00
p.m.
3. Project construction will comply with SCAQMD Rule 403 and Palm
Desert requirements for dust control during grading and
construction.
4. The net ambient light level impact to neighbors and streets
surrounding the site after lighting is operational shall be what
exists prior to installation of lights.
5. After installation the lighting shall be monitored and adjusted to
prevent spillover outside of the project area.
6. There shall be a comprehensive review of all lighting, whether
existing or proposed, in project area and working guidelines
formulated for retro-fitting, replacing, removing or otherwise
correcting lighting which annoys the surrounding residents.
7. Develop a maintenance and review program for all site lighting,
with the review minimally being done semi-annually.
8. Any subsequent public review necessary as part of these conditions
shall occur at a notified hearing before the planning commission.
9. Hours of operation Sunday through Thursday shall be from 9:00 a.m.
to 10:00 p.m. with the site cleared of customers by 10:30 p.m.
Friday and Saturday the hours will be 8:00 a.m. to 10:00 p.m. with
the site cleared of customers by 10:30 p.m.
10. There shall be no loudspeakers or public address system used at
the facility that could be heard from properties adjacent to the
site.
11. Special events shall require a special permit to be issued by the
director of community development. A special event shall be
defined as a single event intended to draw more than 200 persons.
12. Additional parking with a shuttle system from Palm Desert High
School shall be established for large special events.
3
PLANNING COMMISSION RESOLUTION NO. 1623
13. Alcoholic beverages shall be served and consumed in specific
locations on the premises as approved by the Palm Desert Police
Department.
14. No outside alcoholic beverages shall be permitted on the premises.
15. A parking lot monitoring program shall insure that condition no.
6 is enforced. Said program shall be reviewed and approved by the
Palm Desert Police Department.
16. A total security program approved by the Palm Desert Police
Department, and on file with the Community Development Department,
shall be implemented by the operator.
17. When deemed necessary by the Palm Desert Police Department,
operator shall hire off -duty police at their sole expense.
18. All special event permit applications shall be reviewed by the
city public safety agencies.
19. Access to Avenue 42 shall be prohibited from the facility except
for emergency vehicles.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid
prior to the issuance of any permits associated with this project.
2. Storm drain construction/retention area 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. The project shall provide for onsite
retention of storm waters as required by Section 26.49.060 of the
Palm Desert Municipal Code. In addition, the specific design of
the proposed retention area will include the areas which currently
drain into the existing retention basin.
3. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to the
issuance of any permits associated with this project.
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 improvements
plans and specifications shall be submitted to the director of
public works for checking approval before construction of any
4
PLANNING COMMISSION RESOLUTION NO. 1623
improvements is commenced. Offsite improvement plans to be
approved by the public works department and a surety posted to
guarantee the installation of required offsite improvements prior
to the issuance of any permits associated with this project.
Offsite improvements shall include, but not be limited to, curb
and gutter, asphalt paving and concrete sidewalk in an appropriate
size and configuration. "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. Improvement plans for water and sewer systems shall be approved by
the respective service districts with "as -built" plans submitted
to the department of public works prior to project final.
7. All public improvements shall be inspected by the department of
public works and a standard inspection fee shall be paid prior to
issuance of grading permits.
8. Landscaping maintenance for all property frontages shall be
provided by the project developers.
9. Applicant shall provide for the installation of one-half
landscaped median island in Hovley Lane or cash payment for one-
half the cost of the subject landscaping at the option of the
director of public works. The property shall be annexed into
Lighting and Landscape District No. 5 to provide for the
maintenance of the median island landscaping.
10. The property shall be annexed into Lighting and Landscape District
No. 5 prior to the issuance of any permits associated with this
project.
11. In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans and specifications shall be submitted to
the director of public works for checking and approval prior to
issuance of any permits.
12. Traffic safety striping shall be installed to the specifications
of the director of public works. A traffic control plan must be
submitted to, and approved by, the director of public works prior
to the placement of any pavement markings.
13. 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.
14. 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 a grading
permit.
5
PLANNING COMMISSION RESOLUTION NO. 1623
15. All proposed pad elevations are subject to review and modification
in accordance with Chapter 27 of the Palm Desert Municipal Code.
16. The proposed site access and circulation are not acceptable as
shown. The project shall be redesigned in order to accommodate
the following:
* The main project entry shall utilize the current median
island opening for left -turn ingress/egress.
* The secondary access shall be relocated to the westerly
portion of the project. The onsite circulation shall be
redesigned accordingly.
* Acceleration/deceleration lanes shall be included as part of
the project entry design.
* Provisions for the extension of 42nd Avenue along the
southerly property line, with possible site access
considerations, shall be included as part of the project
design.
* Specific roadway geometrics and design shall be in accordance
with city standards and as directed by the director of public
works.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above
referenced plan check, the fire department recommends the
following 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 flow of 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 building(s) as measured along approved
6
PLANNING COMMISSION RESOLUTION NO. 1623
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
local water company with the following certification: , I certify
that the design of the water system is in accordancewith the
requirements prescribed by the Riverside County Fire Department."
"System has been designed to provide a minimum gallon per minute
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. (50% reduction)
9. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
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 3000
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.
7
PLANNING COMMISSION RESOLUTION NO. 1623
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 portable fire extinguishers per NFPA, Pamphlet #10, but
not less than 2A10BC in rating. Fire extinguishers must not be
over 75' walking distance. In addition to the above, a 40BC fire
extinguisher is required for commercial kitchens.
14. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to deep
fryers, grills, charbroi.iers or other appliances which produce
grease laden vapors or smoke. NFPA 96, 17, 17a.
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). 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.
16. 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".
17. 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.
18. Contact the Fire Department for a final inspection prior to
occupancy.
8
PLANNING COMMISSION RESOLUTION NO. 1623
19. Commercial buildings shall have illuminated addresses of a size
approved by the city.
20. 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 submittal requirements.
21. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
twelve months.
RAD/tm
9
PLANNING COMMISSION RESOLUTION NO. 1623
EXHIBIT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE NO: CUP 93-3
APPLICANT/PROJECT SPONSOR:
Ronald Odekirk
75-746 Augusta Drive
Indian Wells, CA 92210
PROJECT DESCRIPTION/LOCATION: A 20 acre multi -use, pay for play,
recreation facility to be located on 20 acres located between 42nd
Avenue and Hovley Lane, westerly of Corporate Way.
The Director of the Department of Community Development, City of Palm
Desert, California, has found that the described project will not have
a significant effect on the environment. A copy of the Initial Study
has been attached to document the reasons in support of this finding.
Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
4Ve107IJune 15, 1993
RAMON A. DIAZ DATE
DIRECTOR OF COMMUN Y DEVELOPMENT
10