HomeMy WebLinkAboutRes No 1922PLANNING COMMISSION RESOLUTION NO. 1922
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A
DRIVE-THRU RESTAURANT (JACK IN THE BOX), CONVENIENCE
STORE, GAS BAR, MINI STORAGE FACILITY, A PRECISE PLAN
OF DESIGN FOR THE JACK IN THE BOX RESTAURANT
(INCLUDING DRIVE-THRU), CONVENIENCE STORE INCLUDING
SALE OF BEER AND WINE, AND NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR
PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON
STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-
078 COUNTRY CLUB DRIVE.
CASE NOS. MP/CUP 99-1 AND PP 99-4
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of April, 1999, hold a duly noticed public hearing to consider the request of
TRAVIS ENGINEERING for approval of a master plan of development and approval of a
precise plan of design; and
WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay
Zone some of the uses in the master plan require approval of a conditional use permit; 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
will not have a significant 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 to justify its actions, as described below:
Master Plan of Development:
1. The proposed location of the master plan/conditional use master plan of
development 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 master plan/conditional use master plan of
development 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 master plan/conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments.
PLANNING COMMISSION RESOLUTION NO. 1922
4. The proposed master plan/conditional use complies with the goals, objectives
and policies of the City's adopted General Plan.
Precise Plan
1. The design of the precise plan will not substantially depreciate property values
nor be materially injurious to properties or improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or general
welfare.
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 Master Plan/Conditional Use Permit 99-1 for the master plan
of development for Travis Engineering and Precise Plan 99-4 are hereby
granted, 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 6th day of April, 1999, by the following vote, to wit:
AYES: BEATY, CAMPBELL, LOPEZ
NOES: FINERTY, JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
S EP SMITH, A ting Secre
Palm Desert Planning Commission
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SABBY J I' A ' HA , Chairperson
PLANNING COMMISSION RESOLUTION NO. 1922
CONDITIONS OF APPROVAL
CASE NOS. MP/CUP 99-1 AND PP 99-4
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. That all future development on this site shall first obtain approval of a precise plan
of design for that portion of the project. Said precise plans to be consistent with the
provisions of this master plan of development as modified by the following
conditions.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth 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 and the Freeway Commercial Overlay Zone.
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. 1922
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. That prior to approval of any precise plan on any parcel the applicant must
demonstrate compliance with all code provisions (i.e., parking, setbacks, height and
other such matters), conditions contained in this resolution and adequate access to
that portion of the site.
13. That the landscaping adjacent to Washington Street and Country Club Drive shall be
installed as part of the first development to occur on the site.
14. That the building architecture as given conceptual approval by Architectural Review
Commission February 23, 1999 shall be the architectural theme for the remainder of
the master plan.
15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate
commercial development low income housing mitigation fee.
16. That the applicant shall pay a day care mitigation impact fee of $10,000.
17. That development on the north portion of the master plan, the mini storage facility,
is subject to obtaining approval of a precise plan of design from the Planning
Commission.
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PLANNING COMMISSION RESOLUTION NO. 1922
ow.Department of Public Works:
18. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading
permit.
19. 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.
20. Storm drain construction associated with this project shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and approved
by the Department of Public Works. Design of the storm drain system shall include
provisions for the conveyance and containment of existing off -site flows as they
currently impact the project site. Applicant may request a credit for the costs
associated with this system against the required drainage fee. Any such request
would be subject to City Council approval. Said opportunity to request credit shall
not expire prior to issuance of building permit.
21. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards. All
public improvements shall be inspected by the Department of Public Works and a
standard inspection fee shall be paid prior to the issuance of any permits associated
with this project.
22. 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.
23. 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.
24. Landscaping maintenance on all street property frontages shall be the responsibility
of the property owner.
25. 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. Such improvements shall include, but not be limited to the following:
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PLANNING COMMISSION RESOLUTION NO. 1922
* Construction of curb, gutter and asphalt paving on Desert Country
Circle.
* Construction of a concrete sidewalk along Country Club Drive and
Desert Country Circle.
* Construction of a landscaped median island within Country Club Drive.
Subject median island will be designed to allow for left turn ingress from
Country Club Drive and prohibit left turn egress from Desert Country
Circle.
26. Size, number and location of driveways to the specifications of the Department of
Public Works with three driveway approaches serving this property.
27. Any and all offsite 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.
28. 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 a grading permit.
29. Proposed building pad elevations are subject to review and modification in accordance
with Section 27 of the Palm Desert Municipal Code.
30. The project shall be subject to payment of Transportation Uniform Mitigation Fees
(TUMF). Payment of said fees shall be at time of building permit issuance.
31. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control.
Riverside County Fire Department:
32. 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, 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 California Fire Code Sec. 10.301C.
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PLANNING COMMISSION RESOLUTION NO. 1922
Irv33. 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.
34. 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.
35. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2-1 /2"x2-
1 /2"), located not less than 25' nor more than 150' commercial from any portion of
the building(s) as measured along approved vehicular travelways. Hydrants installed
below 3000' elevation shall be of the "wet barrel" type.
36. 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.
37. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front, not Tess than 25' from the
building and within 50' of an approved 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 per NFPA 13. The building area of
additional floors is added in for a cumulative total. Exempted are one and two family
dwellings.
38. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for
sprinkler system. Install tamper alarms on all supply and control valves for sprinkler
systems.
39. 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.
40. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code.
Minimum requirement is UL central station monitoring of sprinkler system per NFPA
71 and 72. Alarm plans are required for all UL central station monitored systems,
systems where any interior devices are required or used. (U.F.C. 14-103(a))
41. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not Tess 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.
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PLANNING COMMISSION RESOLUTION NO. 1922
42. 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.
43. Commercial buildings shall have illuminated addresses of a size approved by the city.
44. 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.
45. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within 12 months.
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PLANNING COMMISSION RESOLUTION NO. 1922
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: MP/CUP 99-1 and PP 99-4
APPLICANT/PROJECT SPONSOR:
Travis Engineering
12453 Lewis Street, Suite 201
Garden Grove, CA 92840
PROJECT DESCRIPTION/LOCATION: A master plan of development, precise plan of design
and conditional use permit for a drive-thru restaurant, convenience store, gas bar and mini
storage facility on a 3.99 acre site at the northwest corner of Country Club Drive and
Washington Street (APN 607-070-017).
The Director of the Department of Community Development, City of Palm Desert, California,
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.
��-cam' riI 6, 1999
STEPHEN"R. SMITH ATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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