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HomeMy WebLinkAboutRes No 2208PLANNING COMMISSION RESOLUTION NO. 2208 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN 1,811 SQUARE FOOT OIL CHANGE FACILITY ON THE SOUTH SIDE OF FRED WARING DRIVE, 680 FEET EAST OF HIGHWAY 1 1 1, 72- 499 FRED WARING DRIVE. CASE NO. CUP 03-09 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of June, 2003, hold a duly noticed public hearing to consider the request of Jiffy Lube / Coachella Petroleum, Inc., for construction of an 1,811 square foot oil change facility on the north side of Fred Waring Drive, 680 feet east of Highway 1 1 1; and WHEREAS, said applicant has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption for purposes of CEQA and that 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 the granting of said conditional use permit: 1. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not substantially depreciate property values, nor be materially injurious, to properties or improvements in the vicinity. 2. The proposed conditional use will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The proposed conditional use will not endanger the public peace, health, safety or general welfare. 4. That the location of the proposed conditional use is in accord with the zone district applicable to this property and is consistent with the General Plan. 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. PLANNING COMMISSION RESOLUTION NO. 2208 2. That approval of Conditional Use Permit 03-09 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of June, 2003, by the following vote, to wit: AYES: LOPEZ, TSCHOPP, CAMPBELL NOES: FINERTY ABSENT: JONATHAN ABSTAIN: NONE ATTEST: z._ Z.(,, STEPHEN R. SMITH, Acting Secretary Palm Desert Planning Commission 2 ---: )// (i--67------1.----)e....4--e-e--( ONIA M. CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 2208 CONDITIONS OF APPROVAL CASE NO. CUP 03-09 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 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 & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Trash provisions shall be approved by an applicable trash company and the City prior to issuance of building permits. 6. 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. 7. Drought and climate tolerant landscaping shall be utilized. PLANNING COMMISSION RESOLUTION NO. 2208 8. 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. Department of Public Works: 1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-14 and 79-55, shall be paid prior to issuance of a grading permit. 2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 3. 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. Preliminary landscape plans shall be submitted concurrently with grading plans. 4. Landscape installation shall be water efficient in nature and maintenance shall be provided by the property owner. 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. 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. 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. 4 PLANNING COMMISSION RESOLUTION NO. 2208 Riverside County Fire Department: emir 1. With respect to the conditions of approval regarding the above referenced project, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, CFC, and CBC 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 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 gpm flow of 3000 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 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 Tess than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 8. 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 less 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. PLANNING COMMISSION RESOLUTION NO. 2208 9. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 10. All buildings shall have illuminated addresses of a size approved by the City. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 6