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HomeMy WebLinkAboutRes No 2074PLANNING COMMISSION RESOLUTION NO. 2074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN FOR A 9,007 SQUARE FOOT RESTAURANT INCLUDING A SETBACK MODIFICATION TO THE EAST SIDE YARD AND JOINT USE PARKING WITH NEARBY PROPERTIES ON A 69,829 SQUARE FOOT SITE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND VILLAGE COURT, 74-740 HIGHWAY 111. CASE NO. PP 01-12 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of June, 2001, hold a duly noticed public hearing to consider the request of RUTH'S CHRIS for approval of the above mentioned project; 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 was previously assessed as part of the parcel map processing for this lands and no further environmental review 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: 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 or 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 Precise Plan 01-12, including a ten -foot wide east setback and joint use parking with nearby properties for a minimum of 25 offsite parking spaces, is hereby granted subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2074 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of June, 2001, by the following vote, to wit: AYES: JONATHAN, TSCHOPP, LOPEZ NOES: NONE ABSENT: CAMPBELL, FINERTY ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Pla ning Commission 2 OPEZ, person PLANNING COMMISSION RESOLUTION NO. 2074 CONDITIONS OF APPROVAL CASE NO. PP 01-12 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, 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. 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. 3 PLANNING COMMISSION RESOLUTION NO. 2074 7. Should the applicant/owner choose to create an illuminated parking lot or illuminate the building exterior, a detailed parking lot and/or building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards per Ordinance No. 826, 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. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. 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. 11. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees and low income housing mitigation fee. 12. That the applicant shall enter into an agreement(s) in the form of a recorded covenant with the property owner(s) of adjacent property(ies) providing a minimum of 25 off site parking spaces or reduce the size of the building to comply with the amount of offsite parking that the applicant can obtain. Said agreement(s) shall be in a form acceptable to the City Attorney. 13. That the restaurant shall be a dinner house only. On weekdays the business shall not open before 5:00 p.m. 14. Should the applicant in the future request an amendment to this approval to open for lunch, the applicant must first acquire a site within 300 feet to create a 25 space parking lot. 4 PLANNING COMMISSION RESOLUTION NO. 2074 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 the issuance of any permits associated with this project. 2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF), office classification. Payment of said fees shall be at the time of building permit issuance. 3. 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. 4. Landscape installation on all street frontages shall be water efficient in nature and maintenance shall be provided by the property owner. 5. 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. 6. All private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of any permits associated with this project. 7. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 8. Prior to the issuance of any permits associated with this project, applicant shall provide evidence of recorded mutual access easements for the subject parcel and those parcels directly abutting to the north and south. 9. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control. 10. Value parking operations shall comply with the provisions of Municipal Code Section 10.50, Valet Parking. 5 PLANNING COMMISSION RESOLUTION NO. 2074 Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow 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 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 gpm flow of 3,000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2- 1/2" x 2-1/2", located not Tess than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 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 a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 6 PLANNING COMMISSION RESOLUTION NO. 2074 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. 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 not be Tess than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 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. 12. All buildings shall have addresses of a size approved by the city. 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 14. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. Other: Minimum clearance at porte cochere to be 13'6".