HomeMy WebLinkAboutRes No 2001PLANNING COMMISSION RESOLUTION NO. 2054
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE REMODEL AND
CONVERSION OF THE EXISTING SERVICE BAYS INTO A 2,479
SQUARE FOOT CONVENIENCE STORE AND THE
CONSTRUCTION OF A 1,152 SQUARE FOOT SELF-SERVICE
CAR WASH FACILITY LOCATED AT THE SOUTHWEST
• CORNER OR COUNTRY CLUB DRIVE AND WASHINGTON
STREET. PROPERTY IS ALSO REFERRED TO AS 78-005
COUNTRY CLUB DRIVE AND A.P.N. (632-070-023).
CASE NO. CUP 00-14
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of March, 2001, hold a duly noticed public hearing to a consider a request by
MOBIL OIL CORPORATION for 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. 00-24," in that the Director of Community Development has determined
that the project will considered a Class 3, Categorical Exemption 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 CONDITIONAL USE PERMIT:
1. That the proposed location of the conditional use is in accord with
the objectives of the 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 goals, objectives
and policies of the City's General Plan.
PLANNING COMMISSION RESOLUTION NO. 2054
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 Conditional Use Permit 00-14 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 20th day of March, 2001, by the following vote, to
wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,�Secretary
Palm Desert PI nning Commission
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PLANNING COMMISSION RESOLUTION NO. 2054
CONDITIONS OF APPROVAL
CASE NO. CUP 00-14
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
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 provide a trash enclosure or area that meets that screen all trash bins
from public view and meet the requirements of the City Trash Enclosure Ordinance.
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 25.30 and 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.
8. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
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PLANNING COMMISSION RESOLUTION NO. 2054
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 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.
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 25.30 (Planned
Commercial) and 25.108 (Freeway Commercial Overlay Zone) of the City's Zoning
Ordinance.
Department of Public Works:
1. Any drainage facility construction required for 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 prior to start of construction.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of any permits associated with this
project.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
4. 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.
5. All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to issuance of
grading permits.
6. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2054
7 Landscape installation on the property frontages as well as on -site shall be
drought tolerant in nature.
8. 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 to be approved by the Public Works Department and a surety
posted to guarantee the installation of required offsite improvements prior to
permit issuance.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
10. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits.
11. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
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 for the
remodel or construction of all buildings per UFC article 87.
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 gallon per
minute flow of:
a) 3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)4x2-1 /2
x2-1/2, located not less than 25 feet nor more than: 150' from any portion of a
commercial building measured via vehicular travelway.
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PLANNING COMMISSION RESOLUTION NO. 2054
5. Water Plans must be approved by the Fire marshal and include verification that the
water system will produce the required fire flow.
6. Install portable fire extinguishers per NFPA10, but not less than 2A10BC
extinguisher per 3000 square feet and not over 75 feet walking distance. A "K"
type fire extinguisher is required for commercial kitchens.
7. All buildings shall have illuminated addresses of a size approved by the City.
8. 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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