HomeMy WebLinkAboutRes No 2252PLANNING COMMISSION RESOLUTION NO. 2252
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE EXISTING DEVELOPMENT PLAN TO
ADD A NINE (9) BAY SEARS AUTO CENTER AT THE
WESTFIELD SHOPPINGTOWN PALM DESERT, 44-430
TOWN CENTER WAY.
CASE NO. DP 12-79 AMENDMENT
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 2nd day of March, 2004, hold a duly noticed public hearing to consider the
request of WESTFIELD CORPORATION, INC. AND S.A. MIRO, INC., on behalf of
SEARS for approval of an amendment to the existing Development Plan for the
Westfield Shoppingtown Palm Desert to add a nine -bay auto service center in the north
parking area; 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. 02-60," in that the Director of Community Development has
determined that the project is a Class 32 Categorical Exemption for purposes of CEQA
(infill project) and no further 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:
Development Plan Amendment:
1. The design of the amended development plan will not substantially
depreciate property values nor be materially injurious to properties or
improvements in the vicinity.
2. The amended development plan will not unreasonably interfere with the
use and enjoyment of property in the vicinity by the occupants thereof
for lawful purposes.
3. The amended development 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.
PLANNING COMMISSION RESOLUTION NO. 2252
2. That Case No. DP 12-79 Amendment adding a nine -bay Sears Auto
Center to the north parking area at Westfield Shoppingtown is hereby
approved, subject to attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of March, 2004, by the following vote, to
wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP
NOES: JONATHAN
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,Vecretary
Palm Desert Planning Commission
SABBY JOATH�AN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2252
CONDITIONS OF APPROVAL
CASE NO. DP 12-79 AMENDMENT
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. The development of the property described herein shall be subject to the
restrictions and limitations set forth which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may
be in force.
3. 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.
4. 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.
5. 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.
6. Project is subject to Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
7. Final landscape plans shall comply with the parking lot tree planting master plan.
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PLANNING COMMISSION RESOLUTION NO. 2252
8. 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.
9. That pursuant to Resolution No. 90-130 this development shall pay the
appropriate commercial development low income housing mitigation fee.
10. That the applicant shall participate in a day care mitigation impact fee if one is
set by City Council.
11. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a
week. Deliveries shall be allowed only during hours of operation. No amplified
sound system will be allowed. All work shall be limited to the interior of the
building.
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2252
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 shall be reviewed and approved by the Director of Public
Works and a surety posted to guarantee the installation of required offsite
improvements prior to permit issuance.
8. Landscape installation on -site shall be drought tolerant in nature and
maintenance shall be provided by the property owner.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Mitigation as well as Section 24.20, Stormwater 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 City Engineer for checking and approval prior to issuance of any permits.
Preliminary landscape plans shall be submitted for review concurrently with
grading plans.
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.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
CFC, and CBC and/or recognized fire protection standards.
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PLANNING COMMISSION RESOLUTION NO. 2252
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial 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 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 (each building).
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' 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 s 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 anc 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 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.
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
be not 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
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PLANNING COMMISSION RESOLUTION NO. 2252
of 150' shall be provided with a minimum 45' radius turn -around 55' in
industrial developments.
12. This project may require licensing by a state or county agency, to facility plan
review the applicant shall prepare and submit to the Fire Marshal 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.
15. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
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