HomeMy WebLinkAboutRes No 2105PLANNING COMMISSION RESOLUTION NO. 2105
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN/CONDITIONAL USE PERMIT FOR A FUEL STATION AND
CONVENIENCE STORE INCLUDING BEER AND WINE SALE FOR
OFF -SITE CONSUMPTION AND APPROVING AN AMENDMENT
TO THE MASTER PLAN OF DEVELOPMENT TO GRANT
CONCEPTUAL APPROVAL OF A 2,935 SQUARE FOOT DRIVE-
THRU RESTAURANT WITH NOT LESS THAN 4,499 SQUARE
FEET OF USABLE OPEN SPACE (PER PLAN RECEIVED 12/04/01
ON FILE IN DEPARTMENT OF COMMU NITY DEVELOPMENT) ON
1.58 ACRES AT THE NORTHWEST CORNER OF COOK STREET
AND GERALD FORD DRIVE, 74-950 GERALD FORD DRIVE.
CASE NO. PP/CUP 01-17
WHEREAS, the Planning Commission of the City of Palm Desert, California, d id on the
4th day of December, 2001, hold a duly noticed public hearing which was continued from
November 6, 2001, to consider the request of Arco Products Company for approval of a precise
plan/conditional use permit for a fuel station and convenience store and amendment to the
master plan of development to add a drive-thru restaurant; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for I mplementation 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 under Case No. PP/CUP 00-27 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 to justify its actions, as described below:
1. The amendment to the Master Plan of Development and proposed location of the
precise plan/conditional use for the auto fuel station and c-store are in accord with
the objectives of the Zoning Ordinance and the purpose of the district in which the
site is located.
2. The amendment to the Master Plan of Development and proposed location of the
precise plan/conditional use for the auto fuel station and c-store 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 amendment to the Master Plan of Development and proposed precise
plan/conditional use for the auto fuel station and c-store will comply with each of
the applicable provisions of this title, except for approved variances or
adjustments.
PLANNING COMMISSION RESOLUTION NO. 2105
4. The amendment to the Master Plan of Development and proposed precise
plan/conditional use for the auto fuel station and c-store will comply with the goals,
objectives and policies of the city's adopted General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, Califomia, as follows:
1. That the above recitations are true and correct and constitute the findings of the
commission in this case.
2. That Precise Plan/Conditional Use Permit 01-17 approving a fuel station and
convenience store is hereby approved, subject to the attached conditions.
3. That an amendment to the Master Plan of Development and conceptual approval
of a 2,935 square foot drive-thru restaurant with not Tess than 4,499 square feet
of usable open space per plan received 12/04/01 on file in the Department of
Community Development is hereby granted.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 4th day of December, 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. 2105
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 01-17
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 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. 2105
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. No loitering shall be allowed on the premises.
13. No Distilled Spirits sales will be permitted on the premises.
14. No open alcoholic beverage containers or consumption shall be allowed on the premises.
15. Litter shall be removed twice daily from the premises, including adjacent public sidewalks,
landscaped area and parking lots. Personnel shall be required to physically inspect the
premises and adjacent sidewalks, landscaped areas and parking lots no less than twice
daily.
16. Hours of operation for all uses on the site shall be 24 hours per day seven days a week.
17. 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, and low income
housing mitigation fees.
18. Project shall be subject to the $600/acre Fringe -Toed Lizard Mitigation Fee payable at
time of grading permit. Project may also be subject to additional mitigation measures
which may be required by the Coachella Valley Multi Species Habitat Conservation Plan
in effect at the time of grading or build ing permits.
19. That lights under the canopy shall be recessed (flush mounted) into the canopy roof.
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PLANNING COMMISSION RESOLUTION NO. 2105
20. That in addition to the landscape areas immediately adjacent to the fuel station and
convenience store the perimeter landscape area adjacent to Cook Street, north of the
access driveway shall be installed as part of this project.
21. That the Architectural Review Commission shall review the freestanding sign on the berm
with a view to making the sign blend in with its surroundings.
22. That if, at the time of building permit issuance for the project, the Hampton Inn project has
not been completed then this project shall be responsible for construction of the Gerald
Ford Drive access.
23. Public phones shall only be allowed inside the facility.
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. The project shall be
designed to retain storm waters associated with the increase in developed vs.
undeveloped condition for a 100 year storm.
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.
Mutual access easements for all adjacent properties shall be provided prior to permit
issuance.
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.
7. 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
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PLANNING COMMISSION RESOLUTION NO. 2105
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.
8. Landscape installation on the property frontages as well as on -site shall be drought
tolerant in nature and maintenance shall be provided in the same manner specified
above.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust
Control and 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.
12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards and the
City's Circulation Network. Those improvements shall include, but not be limited to the
following:
a) Installation of dedicated right turn lane approximately 100 feet in length with a 90
foot reverse curve and an acceleration lane approximately 120 feet in length with
a minimum 150 foot taper on Gerald Ford Drive. The proposed driveway on
Gerald Ford Drive shall be limited to right turn ingress/egress only. This driveway
shall be located as shown on the site plan and the applicant must obtain the
necessary easements or agreements for its construction and use. No median
island "breaks" shall be permitted.
b) Extend existing southbound right turn pocket on Cook Street to 100 feet north of
the project driveway plus a 90 foot reverse curve transition.
c) Construction of transit facilities as may be required by Sunline Transit Agency.
Dedicate adequate right-of-way for future bus shelter.
Rights -of -way necessary for the installation of the above referenced improvements shall
be dedicated to the city prior to the issuance of any permits associated with this project.
13. Traffic safety striping shall be provided to the specifications of the Director of Public
Works. A traffic control plan must be submitted to, and approved by, the Director of
Public Works prior to the placement of any pavement markings.
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PLANNING COMMISSION RESOLUTION NO. 2105
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 one 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:
3000 gpm for commercial buildings.
4. The required fire flow shall be available from a set barrel Super Hydrant(s)
4" x 2-1/2" x 2-1/2" located not less than 25 feet nor more than:
150 feet from any portion of a commercial building measured via vehicular travelway.
5. Water Plans must be approved by the Fire Marshall 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 3000
square foot total cumulative floor area. The Fire Marshall shall approve the locations of
all post indicator valves and fire department connections. All valves and connections
shall not be less than 25 feet from the buildings and within 50 feet 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 3000 square feet and not over 75 feet walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
10. All buildings shall be accessible by an all-weather roadway extending to within 150 feet
of all portions of the exterior walls of the first storey. The roadway shall not be less than
24 feet of unobstructed width, and 13 feet, 6 inches of vertical clearance. Where parallel
parking is required on both sides of the street, the roadway must be 36 feet wide and 32
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PLANNING COMMISSION RESOLUTION NO. 2105
feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be
provided with a minimum of 45 feet radius turn -around, 55 feet in industrial developments.
11. Whenever access into private property is controlled through use of gates, barriers or other
means, provisions shall be made to install a "Knox Box" key over -ride system to allow for
emergency vehicle access. Minimum gate width shall be 16 feet with a minimum vertical
clearance of 13 feet, 6 inches.
12. This project may require licensing by a state or county agency. To facilitate review the
applicant shall prepare and submit to the Fire Marshall a letter of intent detailing the
proposed usage and occupancy type.
13. All buildings shall have illuminated addresses of a size approved by the City.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshall for approval prior to construction.
15. 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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