HomeMy WebLinkAboutRes No 2003PLANNING COMMISSION RESOLUTION NO. 2003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION
OF A 4,734 SQUARE FOOT RESTAURANT LOCATED AT THE
SOUTHWEST CORNER OF COOK STREET AND FRANK
SINATRA DRIVE. THE PROPERTY IS ALSO REFERRED TO AS
74-995 FRANK SINATRA DRIVE AND A.P.N. 620-190-015.
CASE NO. PP 00-10
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of August, 2000, hold a duly noticed public hearing to a consider a request by TARLOS
& ASSOCIATES /APPLEBEE'S RESTAURANT for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has determined that the project
was previously assessed under the 1994 Environmental Impact Report certified pursuant to
City Council Resolution 94-119 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 granting approval of said precise plan:
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate property values
nor be materially injurious to the properties or improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment of
the 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 the Precise Plan 00-10 is hereby granted for reasons subject to
the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2003
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of August, 2000, by the following vote, to wit:
AYES: CAMPELL, JONATHAN, BEATY
NOES: NONE
ABSENT: FINERTY, LOPEZ
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, '.ecretary
Palm Desert Pla ning Commission
PAUL R. BEATY, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2003
CONDITIONS OF APPROVAL
CASE NO. PP 00-10
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. 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.
7. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
Okay 8. Final landscape plans shall comply with the parking lot tree planting master plan and
must be approved by the City's Architectural Review Commission.
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PLANNING COMMISSION RESOLUTION NO. 2003
9. 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
Tong -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.
10. 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.
11. The project's setbacks shall conform to standards in Section 25.24 of the City's Zoning
Ordinance.
12. The restaurant shall be limited to 4,734 square feet and 198 seats.
13. The applicant shall provide an additional 29 off-street parking spaces for a total of 365.
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. The project shall be subject to the payment of Transportation Uniform Mitigation Fees
(TUMF). Payment of said fees shall be at time of budding permit issuance.
3. 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.
4. 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. The number of proposed parking stalls along the Cook Street project access
shall be reduced in order to provide a minimum100 foot long access "throat".
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