HomeMy WebLinkAboutRes No 1905PLANNING COMMISSION RESOLUTION NO. 1905
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 CONSTRUCTION
OF A 2,900 SQUARE FOOT RETAIL FOOD MART, LOCATED AT
72-801 HIGHWAY 111.
CASE NO. CUP 98-4
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of December, 1998, hold a duly noticed public hearing which was continued
from September 15, October 6, November 3 and November 17, 1998, to consider the
request by CHEVRON PRODUCTS COMPANY INC. of the above mentioned; 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 ccndi :::-_I
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. 1905
2. That approval of Conditional Use Permit 98-4 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 1st day of December, 1998, by the following vote, to wit:
AYES: BEATY, FINERTY, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: FERNANDEZ
ATTEST:
PHILIP DRELL, Secretary
Palm Desert PI nning Commission
'SONIA M. CAMPBELL, Chair' erson
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PLANNING COMMISSION RESOLUTION NO. 1905
CONDITIONS OF APPROVAL
CASE NO. CUP 98-4
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 Review 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. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 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. 1905
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. 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.
12. 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, Fringe -Toed Lizard, TUMF,
School Mitigation and Housing Mitigation fees.
13. The project's setbacks shall conform the P.C. (3) in Section 25.30 of the City's
Zoning Ordinance, with exception to Section 25.30.230 (E).
14. The project shall not include outside telephones.
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 Tots 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.
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PLANNING COMMISSION RESOLUTION NO. 1905
W... 4. 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.
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. The Project shall construct street widening improvements (minimum five feet) along
Plaza Way property frontage to provide for a total of three northbound travel lanes
(left, through and right) and a six-foot wide concrete sidewalk. Public Works staff
estimates that the construction cost for these improvements will be approximately
$48,000. Any costs in excess of 15% of the total improvement costs shall be the
responsibility of the City.
7. Building pad elevations for the proposed project 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.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
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 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. 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"x4"x2-1 /2"x2-
1 /2"), located not Tess than 150' commercial from any portion of the building(s) as
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PLANNING COMMISSION RESOLUTION NO. 1905
measured along approved vehicular travelways. Hydrants installed below 3000 feet
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.
6. Comply with Title 24 of the California Code of Regulations, adopted January 1,
1990, for all occupancies.
7. 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.
8. 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 extinguisher is required for commercial kitchens.
9. 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 Tess
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.
10. Contact the Fire Department for final inspection prior to occupancy.
11. 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.
12. Commercial buildings shall have illuminated addresses of a size approved by the city.
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PLANNING COMMISSION RESOLUTION NO. 1905
13. 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.
14. 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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