HomeMy WebLinkAboutRes No 2276PLANNING COMMISSION RESOLUTION NO. 2276
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
FOUR -UNIT APARTMENT COMPLEX INTO A BED AND
BREAKFAST HOTEL WITH THREE GUEST UNITS AND A
MANAGER'S UNIT LOCATED AT 73-435 SHADOW
MOUNTAIN DRIVE.
CASE NO. CUP 04-14
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of July, 2004, hold a duly noticed public hearing to a consider a request by
KAREN ALEXANDER 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 32 categorical exemption per Section 15332 (Class 32, In -Fill
Development Projects) 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:
1. The site's location within a one block walking distance of El Paseo will provide
convenient shopping and dining opportunities for guests. This will benefit El
Paseo businesses.
2. The proposed use will also provide a good transitional use between
commercially zoned properties to the northeast and single family properties to
the south of the site.
3. 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.
4. 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.
5. The proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
PLANNING COMMISSION RESOLUTION NO. 2276
6. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of evil
Palm Desert, California, 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 04-14 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 20th day of July, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL'oec;ietdi
y
Palm Desert Pla )ning Commission
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SABBY NATHAN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2276
CONDITIONS OF APPROVAL
CASE NO. CUP 04-14
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
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.
Department of Public Works:
1. The proposed handicapped parking space shall be set back from the curb to allow
a six-foot sidewalk and any screening required. The sidewalk is required if any new
construction, including front parking modifications is proposed.
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:
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PLANNING COMMISSION RESOLUTION NO. 2276
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:
200 feet from any portion of a single family dwelling 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 portable fire extinguisher 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.
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
feet shall be provided with a minimum 45-foot radius turn -around, 55 foot in
industrial developments.
8. Whenever access into private property is controlled through use of gates, barriers
or other means, provisions shall be made to install a "Knox Box" key or over -ride
system to allow for emergency vehicle access. Minimum gate width shall be 16'
with a minimum vertical clearance of 13'-6".
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 with twelve months. //
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