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HomeMy WebLinkAboutRes No 1808PLANNING COMMISSION RESOLUTION NO. 1808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE A REQUEST FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A 3,200 SQUARE FOOT RESTAURANT WITH A MAXIMUM OF 85 SEATS LOCATED AT 74-617 HIGHWAY 1 1 1. CASE NO. CUP 97-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of June, 1997, hold a duly noticed public hearing to consider the request by JERRY WALKER for the above noted restaurant; 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 a significant 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: 1. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public, health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's 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. PLANNING COMMISSION RESOLUTION NO. 1808 2. That approval of Conditional Use Permit 97-6 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 3rd day of June, 1997, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON NOES: NONE ABSENT: BEATY ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission J MES CAT , Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1808 CONDITIONS OF APPROVAL CASE NO. C.U.P 97-6 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. Applicant shall participate in a commercial recycling program as determined by the City Environmental Conservation Manager and applicable Waste Disposal Company. 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. Final landscape plans shall comply with the parking lot tree planting master plan an shall be approved by the Architecture Review Commission. 7. 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 appropriate watering times, fertilization and pruning for various 3 PLANNING COMMISSION RESOLUTION NO. 1808 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. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, School Mitigation and Housing Mitigation fees. 9. The project's setbacks shall conform to standards in Section 25.28 of the City's Zoning Ordinance. 10. Del Taco restaurant shall be limited to a maximum of 3,200 square feet and 85 seats. 11. Del Taco's hours of operation shall be limited to 6:00 a.m. to 12:00 a.m., 7 days a week. Department of Public Works 1. 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. 2. 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. 3. Landscaping maintenance on all public street property frontages shall be the responsibility of the property owner. 4. Any and all off -site 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. 5. 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. 6. Grading permit issuance shall be subject to the waiver of parcel map for lot line adjustment being approved and recorded. 7. Building pad elevations for the proposed project are subject to review and modification in are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 8. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 4 PLANNING COMMISSION RESOLUTION NO. 1808 Riverside County Fire Department 1. Install an NFPA 13 fire sprinkler system per city ordinance for all buildings over 3000 sq. ft. 2. Install a wet barrel fire hydrant within 150' of the building. Fire flow from fire hydrant shall be 3000 g.p.m. 3. Install a hood and duct fire suppression system over the cooking line. 4. Submit sprinkler system and hood and duct system plans to the fire marshal's office for plan check. 5. Contact Fire Marshal for final inspection. 5 PLANNING COMMISSION RESOLUTION NO. 1808 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 97-6 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: JERRY WALKER 76-968 CALIFORNIA ST. PALM DESERT, CA 92211 Conditional Use Permit 97-6, an expansion and conversion a 2,300 square foot office building into a 3,200 restaurant with 85 seats. The subject property is located at 74-617 Highway 111. The Director of the Department of Community Development, City of Palm Desert, California, has found that described project will not have a significant negative impact 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. /1.4-D1.1whe 3. 1997 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 6