HomeMy WebLinkAboutRes No 2134PLANNING COMMISSION RESOLUTION NO. 2134
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN TO ALLOW DEVELOPMENT
OF A .38-ACRE PARCEL LOCATED AT THE SOUTHWEST
CORNER OF HIGHWAY 111 AND EL PASEO FOR A 7,000
SQUARE RESTAURANT WITH AN ADDITIONAL 2,000
SQUARE OF OUTDOOR DINING AREA. PROPERTY IS
ALSO REFERRED TO AS PASEO ENTRADA AND A.P.N.
640-080-011.
CASE NO. PP 02-09
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 18th day of June, 2002, hold a duly noticed public hearing to a consider a request by
DERVIOUX INC. 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 is within the scope of the approved 1989 EIR prepared for this site, also
referred to as the Ahmanson Commercial Development Plan, and therefore 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 conditional use permit:
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. That the proposed location of the use is in accord with the objectives of
zoning ordinance and the purpose of the district in which it is located.
• The master site plan approved by the Planning Commission on September
4, 2001 for the new Palm Desert Visitor's Center included approval for two
restaurants. The proposed Cuistot Restaurant will be one of the two
restaurants in previously approved master site plan. Restaurants are
allowed per the development agreement applicable to the project site.
2. That the proposed location of the 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.
PLANNING COMMISSION RESOLUTION NO. 2134
• The conditions under which this use will be operated will assure that the use
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 use will comply with each of the applicable provisions of
the zoning ordinance, except for approved variances or adjustments.
• The use will comply with all provisions of the City's zoning ordinance.
4. That the proposed use complies with the goals, objectives and the policies
of the City's general plan.
• The restaurant is compatible with surrounding land uses and is consistent
with the goals and objectives of the City's 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 approval of the Precise Plan 02-09 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 18th day of June, 2002, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
CINDY FINERT8 ,'Chairperson I/
ATTEST:
STE HEN SMITH, Acting Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2134
CONDITIONS OF APPROVAL
CASE NO. PP 02-09
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 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 building shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
7 The plan check construction set of drawings shall include 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. 2134
8. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
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, TUMF and School
Mitigation fees.
11. The projects setbacks shall conform to standards in Section 25.25 of the City's
Zoning Ordinance.
12. Per direction from the Architectural Review Commission, the project's east building
elevation, which faces El Paseo, shall be revised to show the addition of a
recessed shuttered window, or similar architectural feature, in order to enhance the
appearance of the stucco wall.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49
and Ordinance No. 653 shall be paid prior to issuance of any permits associated
with this project.
2. Any drainage facilities 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.
3 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. The costs associated with the modification of the existing signal system
as well as the proposed signal at Painters Path/EI Paseo for this project may be
used as a credit against the subject signalization fees. Such a credit shall be
subject to approval by the Palm Desert City Council.
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PLANNING COMMISSION RESOLUTION NO. 2134
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. 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.
6. 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. Public improvements within the State Highway 111 right-of-way
shall be subject to Caltrans review, approval and permit issuance.
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 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. Landscaping maintenance on the property frontages shall be provided by the
property owner.
9. 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/State standards. Improvements shall include, but not be limited to the
following:
► Construction of auxiliary acceleration/deceleration lane on Highway 111
with free right tum on to El Paseo, including traffic signal modification as
necessary. Construct minimum 8' wide sidewalk on Highway 111.
► Widening of El Paseo to accommodate an auxiliary
acceleration/deceleration lane between Highway 111 and Painters Path.
Modification of raised median island on El Paseo between Highway 111
and Painters Path. Construct minimum 8' wide sidewalk on El Paseo.
► Construction of full improvements including curb, gutter, sidewalk,
landscaping and asphalt paving on Painters Path, per the Proposed
Street Plan and Proposed Street Section drawings by Interactive Design
Corporation, dated June 5, 2001. Construct minimum 6' wide sidewalk on
the south side of Painters Path.
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PLANNING COMMISSION RESOLUTION NO. 2134
► Modification of existing drainage systems as necessary to accommodate
roadway improvements.
► Installation of sidewalk in an appropriate size and configuration together
with full landscape improvements along all property frontages.
► The project shall provide cash payment in the amount of $150,000 in -lieu
of construction for the proposed traffic signal at the intersection of El
Paseo and Painters Path. If construction of the proposed traffic signal is
not commenced within 10 years of certificate of occupancy of the fourth,
and final, building on this site; and upon written request, these funds shall
be refunded to the applicant.
► Rights -of -way as may be necessary for the construction of required public
improvements shall be provided prior to the issuance of any permits
associated with the project.
In addition, those Project -Specific Traffic Mitigation Measures and Site
Specific Project Improvements identified in the project Traffic Impact
Analysis, dated February 15, 2001, (including all associated addenda) as
approved by the Department of Public Works and Caltrans shall be
considered as project conditions of approval. Where conflicts exist
between these conditions and Traffic Impact Analysis, these conditions
shall take precedence.
10. Project access locations on State Highway 111 and El Paseo shall be limited to
right-tum ingress and egress.
11. 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. In addition to all standard engineering design parameters, the plan shall
address appropriate circulation -related issues.
12. Traffic safety striping on El Paseo and Painters Path 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. Highway striping/signing shall be subject
to Caltrans approval.
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PLANNING COMMISSION RESOLUTION NO. 2134
13. 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
and/or Caltrans.
14. Proposed building pad elevations are subject to review and approval in
accordance with Chapter 27 of the Palm Desert Municipal Code.
15. Prior to start of construction, the applicant shall submit satisfactory evidence to
the Director of Public Works of intended compliance with the National Pollutant
Discharge Elimination (NPDES) General Permit for storm water discharges
associated with construction activity.
16. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust (PM10) Control.
17. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
18. The Traffic Impact Analysis Report for this project shall be submitted to Caltrans
for review and approval prior to approval of any improvements on Highway 111.
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:
3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
4"x2-1/2" x2-1/2", located not Tess than 25 feet nor more than:
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PLANNING COMMISSION RESOLUTION NO. 2134
150 feet 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 3000 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 feet from the
building 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 UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not Tess 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. 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 building shall be accessible by an all-weather roadway extending to within 150
feet of all portions of the exterior walls of the first story. The roadway shall not be
less than 24 feet 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 feet
wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150
feet shall be provided with a minimum 45 foot radius turn -around, 55 foot in
industrial developments.
12. This project may require licensing by a state or county agency. To facilitate plan
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 Marshal for approval prior to construction.
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PLANNING COMMISSION RESOLUTION NO. 2134
15. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
All questions regarding the meaning of these conditions should be referred to the Fire
Marshal Office at (760) 346-1870; 70-801 Highway 111, Rancho Mirage, CA 92270.
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