HomeMy WebLinkAboutRes No 2247PLANNING COMMISSION RESOLUTION NO. 2247
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A 2,600 SQUARE FOOT BREAKFAST
AND LUNCH ONLY RESTAURANT IN AN INDUSTRIAL
BUILDING AT 75-130 ST. CHARLES PLACE.
CASE NO. CUP 03-19
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 20th day of January, 2004, hold a duly noticed public hearing to a consider a request
by CHARLES BIEHL 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. 02-60," in that the Director of Community Development has determined
that the proposed project is a Class 1 categorical exemption per Section 15301 (Class
1, Existing Facilities) of CEQA Guidelines 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 conditional use permit:
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.
• The proposed business is permitted in the SI zone with approval of
conditional use permit by the Planning Commission.
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.
• The proposed business use is compatible with the surrounding
businesses and will not be detrimental to the general public health,
safety and welfare or materially injurious to the properties in the
vicinity. Staff conducted parking surveys of the project site at
various times and days and found that there is an adequate
number of vacant parking spaces (20 to 28) available to meet the
PLANNING COMMISSION RESOLUTION NO. 2247
parking demands of the proposed restaurant. Vehicle trips
generated by the restaurant will be minimized since a significant
percentage of customers will be walking in from nearby existing
businesses.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
• The conditional use permit process allows the Planning
Commission to approve modifications to number of code -required
parking spaces.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
• The proposed business use is compatible with other surrounding
uses and meets all of the City's goals, objectives and policies of the
General Plan. The proposed business use is compatible with other
surrounding uses and meets all of the City's goals, objectives and
policies of the General Plan. Since the proposed restaurant will be
located in an industrial area where few eating establishments exists
within walking distance, the proposed use will help implement
General Plan Circulation Element policies that encourage a
reduction of vehicle trips and alternatives to the conventional
automobile such as walking.
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 Conditional Use Permit 03-19 is hereby granted for
reasons subject to the attached conditions.
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PLANNING COMMISSION RESOLUTION NO. 2247
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of January, 2004, by the following vote, to
wit:
AYES: FINERTY, LOPEZ, TSCHOPP, CAMPBELL
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELLISecretary
Palm Desert Planning Commission
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VSONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2247
CONDITIONS OF APPROVAL
CASE NO. CUP 03-19
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:
City Fire Marshal
Riverside County Health 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. Days and hours of operation for the restaurant shall be Monday thru Friday from
6:00 a.m. to 2:00 p.m.
6. If parking becomes a problem, the applicant shall work with City staff to develop
a parking management plan.
7. Applicant shall remove the two existing storage containers. Outside storage in
the parking area is prohibited.
8. Deliveries shall only be allowed between the hours of 7:00 a.m. and 4:30 p.m.
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PLANNING COMMISSION RESOLUTION NO. 2247
Public Works Department:
1. In accordance with Palm Desert Municipal Code Section 3.44, the project shall
be subject to Transportation Uniform Mitigation Fees (TUMF).
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 less than 25 feet 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 (TI system for new area). 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.
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PLANNING COMMISSION RESOLUTION NO. 2247
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. 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. All buildings shall have illuminated 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 with twelve months.
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