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HomeMy WebLinkAboutRes No 1806PLANNING COMMISSION RESOLUTION NO. 1806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY JOHN TURNOCK TO ALLOW THE CONSTRUCTION AND OPERATION OF A FULL SERVICE CAR WASH ON THE NORTH SIDE OF DINAH SHORE DRIVE, 320 FEET WEST OF MONTEREY AVENUE. CASE NO. PP/CUP 97-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May, 1997, hold a duly noticed public hearing to consider the request of JOHN TURNOCK for the above noted car wash; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; 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 the zoning ordinance, except for approved variances or adjustments. 4. The proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. PLANNING COMMISSION RESOLUTION NO. 1806 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 PP/CUP 97-5 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of May, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: S EPHEN SMITH, • cting Secr- ary Palm Desert Planning Commission 2 JAMES CASON, Chairperson PLANNING COMMISSION RESOLUTION NO. 1806 CONDITIONS OF APPROVAL CASE NO. PP/CUP 97-5 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 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. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 6. 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. The final landscape plan shall include a long-term maintenance program specifying among other matters 3 PLANNING COMMISSION RESOLUTION NO. 1806 appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 7. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, TUMF and school mitigation fees. 8. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 9. That the hours of operation of the car wash shall be 7:00 a.m. to 9:00 p.m. 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. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications including preliminary geotechnical report shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 4. Pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) at the rate of $18,018.00 per acre (approximately .835 acres assessable area). Payment of said fees shall be at time of building permit issuance. 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. 4 PLANNING COMMISSION RESOLUTION NO. 1806 The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401. 2. A fire flow of 1500 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 from a Super fire hydrant(s) (6"x4"x2-1 /2"x2-1 /2") located not Tess 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. 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 or 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. The system has been designed to provide a minimum flow of 3000 gallons per minute". 6. 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 Tess than 25' from the building and within 50' of an approved Super hydrant. This applies to all buildings with 3,000 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 I added in for a cumulative total square footage. Exempted are one and two family dwellings. 7. 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. 5 PLANNING COMMISSION RESOLUTION NO. 1806 8. Install portable fire extinguishers per NFPA 10, but not Tess than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3,000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 9. Contact the Fire Department for a final inspection prior to occupancy. 10. All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 1 1 . Commercial buildings shall have illuminated addresses of a size approved by the City. 12. 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. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 6