HomeMy WebLinkAboutRes No 1904PLANNING COMMISSION RESOLUTION NO. 1904
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, TO APPROVE A REQUEST FOR
A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF
A 2,275 SQUARE FOOT RESTAURANT WITH A MAXIMUM OF
50 SEATS LOCATED AT 73-495 HIGHWAY 1 1 1.
CASE NO. CUP 98-17
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of November, 1998, hold a duly noticed public hearing to consider the request
by PALM ASSOCIATES, LLC 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. 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. 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.
2. That approval of Conditional Use Permit 98-17 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1904
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 17th day of November, 1998, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, FINERTY, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
r
PHILIP DRELL, ecretary
Palm Desert PI nning Commission
SONIA M. CAMPBELL, Chair
erson
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PLANNING COMMISSION RESOLUTION NO. 1904
CONDITIONS OF APPROVAL
CASE NO. CUP 98-17
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 and
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
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PLANNING COMMISSION RESOLUTION NO. 1904
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 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 shall conform to all standards in Section 25.28 of the City's Zoning
Ordinance.
10. The El Pollo Loco restaurant shall be limited to a maximum of 2,275 square feet and
50 seats.
Department of Public Works
1. 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.
2. Landscaping maintenance on all property frontages shall be the responsibility of the
property owner.
3. 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.
4. 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.
5. 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.
6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance. The subject fee
shall be based on the proposed change of use (financial institution to fast food).
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PLANNING COMMISSION RESOLUTION NO. 1904
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 one -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 multi -family, 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. A combination of on -site and off -site Super fire hydrants (6"X4"X2-1 /2"X2-1 /2") will
be required, located not Tess than 150 feet 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.
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
field inspection by the Fire Department prior to request for 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
the County Fire Chief. Upon approval, the original will be returned. One copy will
be sent to the responsible inspecting authority.
7. 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.
8. Certain designated areas will be required to be maintained as fire lanes and shall be
dearly marked by painting and/or signs approved by the Fire Marshal.
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PLANNING COMMISSION RESOLUTION NO. 1904
9. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC
in rating. Fire extinguishers must not be over 75 feet walking distance. In addition
to the above, a 40BC fire extinguisher is required for commercial kitchens.
10. 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 grease laden vapors or smoke. NFPA 96, 17, 17a.
11. All buildings shall be accessible by an all-weather roadway extending to within 150
feet of all portions of the exterior walls of the first story. The roadway shall be not
less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where
parallel parking is allowed, the roadway shall be 36 feet wide with parking on both
sides, 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet
shall be provided with a minimum 45-foot radius turn -around (55 feet in industrial
developments). Fountains or garden islands placed in the middle of these turn-
arounds shall not exceed a five-foot radius or 10-foot diameter. City standards may
be more restrictive.
12. Contact the Fire Department for a final inspection prior to occupancy.
13. 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 intent should be submitted to the Fire Department so that proper
requirements may be specified during the review process. Typically, this applies to
educational, day care, institutional, health care, etc.
14. Commercial buildings shall have illuminated addresses of a size approved by the City.
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