HomeMy WebLinkAboutRes No 2267it
PLANNING COMMISSION RESOLUTION NO. 2267
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW REMODELING AND
A 720 SQUARE FOOT EXPANSION OF MANHATTAN BAGEL
RESTAURANT AT 73-845 HIGHWAY 111.
CASE NO. CUP 04-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of May, 2004, hold a duly noticed public hearing to a consider a request by
JAMES A. CHESTER for the above mentioned; 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
proposed project is a Class 1 categorical exemption per Section 15301 (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:
tag 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 C-1 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. Parking surveys conducted by city staff on March 25, 2004,
April 12, 2004, and April 20, 2004 between 12:00p.m. and 1:00p.m. of
vacant parking spaces in the 434-space President's Plaza East
parking lot and the 42-space parking area long the Highway 111
frontage road south concluded that there are were 69 to 196 vacant
parking spaces, which are more than sufficient to accommodate the
720 square foot expansion of Manhattan Bagel.
PLANNING COMMISSION RESOLUTION NO. 2267
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 as conditioned will comply with the zoning
requirements for that district.
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.
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 04-04 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 4th day of May, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE ( r
ABSTAIN: NONE '
I
1,7)
SABBY .1 NAT N, Chairperson
ATTEST:
PHILIP DRELL Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2267
CONDITIONS OF APPROVAL
CASE NO. CUP 04-04
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
Architectural Review Commission
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. The new roll -up metal door on the rear elevations shall incorporate a decorative
design.
6. The proposed lavender color canvas awning on the front elevation shall be
changed to a color that is compatible with the new red background wall sign, or the
red color of the sign background changed to a color that is compatible with the
awning color.
7. An awning shall be added over the large window on the rear elevation.
8. Continue riglet detail at the rear elevation of the arched portion and center the
arched portion of the signage area over the actual opening of the roll -up door.
9. The windows shall be recessed.
3
PLANNING COMMISSION RESOLUTION NO. 2267
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Section 3.44, the project shall be
subject to Transportation Uniform Mitigation Fees (TUMF).
2. Outdoor tables shall not encroach into the public right-of-way and shall be located on
private property on the front sidewalk.
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 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 Marshal and include verification that the
water system will produce the required fire flow.
6. 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.
7. 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 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
4
PLANNING COMMISSION RESOLUTION NO. 2267
feet shall be provided with a minimum 45-foot radius turn -around, 55 foot in
industrial developments.
8. 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.
9. All buildings shall have illuminated addresses of a size approved by the city.
10. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
//
5