HomeMy WebLinkAboutRes No 1772PLANNING COMMISSION RESOLUTION NO. 1772
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY
McFADDEN/McINTOSH ARCHITECTS ON BEHALF OF CAM
NEVINS FOR A CONDITIONAL USE PERMIT AND PRECISE PLAN
TO ALLOW CONSTRUCTION AND OPERATION OF A FUEL
STATION/CONVENIENCE STORE AND ACCESSORY USES ON
PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 111
AND DEEP CANYON ROAD.
CASE NO. CUP/PP 96-18
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of November, 1996, hold a duly noticed public hearing to consider the request
of McFadden/McIntosh on behalf of Cam Nevins for approval of a conditional use permit to
allow the construction and operation of a fuel station/convenience store with the sale of
beer and wine and accessory uses on the property located at the northwest corner of
Highway 111 and Deep Canyon Road; 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. 95-105," in that the Director of Community Development has determined that the
project will not have an adverse negative 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 the granting of said conditional
use permit/precise plan:
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.
PLANNING COMMISSION RESOLUTION NO. 1772
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 CUP 96-18 is hereby granted for
reasons subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact, Exhibit "A" attached,
be certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 19th day of November, 1996, by the following vote, to wit:
AYES: CAMPBELL, FERGUSON, JONATHAN
NOES: BEATY
ABSENT: FERNANDEZ
ABSTAIN: NONE
ATTEST:
11.E 0 ,(j
PHILIP DRELL, Secretary
Palm Desert PI . nning Commission
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PAUL R. BEATY, Cliairpe s• n
PLANNING COMMISSION RESOLUTION NO. 1772
CONDITIONS OF APPROVAL
CASE NO. CUP/PP 96-18
Department of Community 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 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
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.
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PLANNING COMMISSION RESOLUTION NO. 1772
8. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with the 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. No loitering shall be allowed on the premises.
13. No Distilled Spirits sales will be permitted on the premises.
14. No open alcoholic beverage containers or consumption shall be allowed on the
premises.
15. Litter shall be removed twice daily from the premises, including adjacent public
sidewalks, landscaped area and parking Tots. Personnel shall be required to physically
inspect the premises and adjacent sidewalks, landscaped areas and parking lots no
less than twice daily.
16. Public telephones shall be restricted to prevent receiving calls.
17. No arcade machines will be allowed on the premises.
18. The gross area of the premises shall be limited to 5,503 square feet.
19. The "Convenience Store" portion of the premises shall be limited to a maximum of
3,500 square feet.
20. There shall be no more than two co -tenants in the addition to the fuel
station/convenience store.
21. Hours of operation for all uses on the site shall limited to 6:00 a.m. - 12:00 a.m.
(midnight), seven days a week.
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PLANNING COMMISSION RESOLUTION NO. 1772
low22. Delivery hours for all uses on the site shall be limited to 8:00 a.m. - 10:00 p.m.
23. That any future restaurants on the site shall require amendment to this CUP and shall
be required to provide an effective means of odor control from the cooking units.
24. That pursuant to the mitigation measures contained in the traffic impact study
prepared by Paul Singer, P.E., this property shall dedicate sufficient property for the
right of way purposes to allow for a dedicated left turn lane on Alessandro to provide
left turn movement from the east bound Alessandro to north bound Deep Canyon and
that both sides of Alessandro be posted "No Parking".
25. That the canopy be totally redesigned to reduce its bulk and mass to the satisfaction
of the Architectural Review Commission.
Department of Public Works
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Ordinance No. 653, shall be paid prior to issuance of a 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. 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.
The engineering design of any public improvements constructed as part of this project
shall be in conformance with City of Palm Desert Project No. 633 (Deep
Canyon/Highway 111 Improvements).
4. 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.
5. Landscaping maintenance on all public street property frontages shall be the
responsibility of the property owner.
6. 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.
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PLANNING COMMISSION RESOLUTION NO. 1772
7. 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.
8. 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.
9. 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.
10. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all
existing 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.
11. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with three driveway approaches permitted to serve this
property. The proposed westerly drive access from Alessandro Drive shall be subject
to joint access/use agreement with the adjacent property owner.
12. Grading permit issuance shall be subject to the waiver of parcel map for lot line
adjustment being approved and recorded.
13. Building pad elevations for the proposed project are subject to review and
modification in accordance with Section 27 of the Palm Desert Municipal Code.
14. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance.
15. Prior to the issuance of any permits associated with this project applicant shall file
the appropriate documents requesting the abandonment of a portion public street
right-of-way known as Palm Desert Drive North. Said abandonment shall be in
conformance with City of Palm Desert Project No.633 requirements.
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PLANNING COMMISSION RESOLUTION NO. 1772
16. Pavement striping on Alessandro Drive shall provide for the creation of two travel
lanes (east/west bound) and a center turn lane with no on -street parking being
permitted.
17. Prior to the issuance of any permits associated with this project applicant shall submit
for review and approval a limited scope traffic impact study addressing the potential
traffic impacts and recommended mitigation measures as they relate to public street
intersections in the vicinity of the proposed project (excluding Deep Canyon and
Highway 1 1 1).
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 Codes, appropriate NFPA standards, CFC, CBC,
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 California Fire Code Section 10.401 .
2. A fire flow of 1 500 gpm for a 1 hour duration at 20 psi residual operating pressure
must be available before any combustible materials are placed on the job site.
3. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of 3000 gpm for commercial structure. The actual fire flow available
from any one hydrant connected to any given water main shall be 1500 gpm for a
two hour duration at 20 psi residual operating pressure.
4. The required fire flow shall be available from a Super fire hydrant(s) (6"x4"x2-1 /2"x2-
1 /2"), located not less than 25' or more than 150 feet from commercial structure.
Distances shall cover all portions of the building(s) as measured along approved
vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet
barrel" type.
5. 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 for
a field inspection by the Fire Department prior to scheduling for a final inspection.
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
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PLANNING COMMISSION RESOLUTION NO. 1772
the County Fire Chief. Upon approval, the original will be returned. One copy will
be sent to the responsible inspecting authority.
7. Comply with Title 24 of the California Code of Regulations, adopted January 1,
1990, for all occupancies.
8. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front of the building, not less than
25' from the building and within 50' of an approved Super 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 as per NFPA 13. The building
area of additional floors is added in for a cumulative total square footage. Exempted
are one and two family dwellings.
9. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803
for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and
control valves for sprinkler systems.
10. Certain designated areas will be required to be maintained as fire lanes and shall be
clearly marked by painting and/or signs as approved by the Fire Marshal. Painted fire
lanes and/or signs shall be stenciled or posted every 30' with the following: "No
Parking Fire Lane - PDMC 15.16.090."
11. Install a fire alarm as required by the California Building Code and/or California Fire
Code. Minimum requirement is UL central station monitoring of sprinkler systems per
NFPA 71 and 72. Alarm plans are required for all UL central station monitored
systems and systems where any interior devices are required or used. (CFC Sec.
14.103(a))
12. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating.
Fire extinguishers must not be over 75' walking distance and/or 3000 square feet of
floor area. In addition to the above, a 40BC fire extinguisher is required for
commercial kitchens.
13. Install a Hood/Duct automatic fir extinguishing system if operating a commercial
kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A)
14. Contact the Fire Department for a final inspection prior to occupancy.
15. Commercial buildings shall have illuminated addresses of a size approved by the city.
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PLANNING COMMISSION RESOLUTION NO. 1772
16. 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.
17. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within twelve months.
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PLANNING COMMISSION RESOLUTION NO. 1772
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: CUP/PP 96-18
APPLICANT/PROJECT SPONSOR: McFADDEN/McINTOSH ARCHITECTS FOR CAM
NEVINS
PROJECT DESCRIPTION/LOCATION: Approval of a conditional use permit and precise plan
to allow the construction and operation of a fuel station and convenience store and
accessory stores at the northwest corner of Highway 1 1 1 and Deep Canyon Road.
The Director of the Department of Community Development, City of Palm Desert, California, .•0
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.
Philip Drel
LdXdlte5fiber 19, 1996
DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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