HomeMy WebLinkAboutRes No 2342PLANNING COMMISSION RESOLUTION NO. 2342
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN OF DESIGN FOR A 2,813 SQUARE FOOT
JACK IN THE BOX RESTAURANT WITH DRIVE -UP
WINDOW ON THE WEST SIDE OF COOK STREET, 216
FEET NORTH OF GERALD FORD DRIVE, 36-555 COOK
STREET (APN: 653-690-022)
CASE NO. PP 05-11
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of July, 2005, hold a duly noticed public hearing to consider the request of
PRESTNUKSIC ARCHITECTS for the above noted request; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of December, 2001, adopt its Resolution No. 2105 approving an amendment
to the master plan of development to add a drive-thru restaurant as an approved use of the
subject property; 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. 05-52," in that the Director of Community Development has determined that
the project was previously assessed under Case No. PP/CUP 00-27 and no further
environmental 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:
1. The design of the precise plan will not substantially depreciate property
values, nor be materially injurious to properties or improvements in the
vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or general
welfare.
4. That the precise plan will comply with each of the applicable provisions of the
Zoning Ordinance and is in conformance with the General Plan.
PLANNING COMMISSION RESOLUTION NO. 2342
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.
2. That approval of Precise Plan 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 19th day of July, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
ATTEST:
STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
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DAVID E. TSCHOF'', Chairperson'
PLANNING COMMISSION RESOLUTION NO. 2342
CONDITIONS OF APPROVAL
CASE NO. PP 05-11
Department of Communitv 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 and safety at the time of issuance of a building permit
for the use contemplated herewith.
5. 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.
6. All future occupants of the building shall comply with parking requirements of the
zoning ordinance and the Freeway Commercial Overlay Zone.
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PLANNING COMMISSION RESOLUTION NO. 2342
7. 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.
8. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with the parking lot tree planting master plan.
11. 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.
12. Hours of operation for all uses on the site shall be 24 hours per day seven days a
week.
13. The project shall be subject to all applicable fees at time of issuance of permits,
including but not limited to, Art in Public Places, TUMF and school mitigation, and
low income housing mitigation fees.
14. That the landscape strip north of the north segment of the drive -up lane shall
include a minimum of six 24-inch box canopy trees to screen the drive -up lane from
view from Cook Street.
15. That the "pet park" design be approved by the Architectural Review Commission
prior to issuance of building permit.
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PLANNING COMMISSION RESOLUTION NO. 2342
Department of Public Works:
General Requirements
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the city for the
life of the project, consistent with the Property Maintenance Ordinance (Ord. 801)
and the approved landscaped plan.
2. 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.
Bonds and Fees
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code, shall be paid prior to grading permit issuance.
7. Storm drain design and construction 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. The project shall be
designed to retain storm waters associated with the increase in developed vs.
undeveloped condition for a 100-year storm and also to retain nuisance waters.
8. Driveways, drainage and pad heights shall be designed to serve this project in
accordance with PM 30769.
9. Complete grading and improvement plans and specifications on electronic files shall
be submitted to the Director of Public Works for checking and approval prior to
issuance of any permits.
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PLANNING COMMISSION RESOLUTION NO. 2342
10. 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.
11. Pad elevations are subject to review and modification in accordance with Chapter
26 of the Palm Desert Municipal Code.
12. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
13. Landscape plans shall be submitted for review concurrently with grading plans.
Construction Requirements
14. All public improvements shall be inspected by the Department of Public Works and
a standard inspection fee shall be paid prior to issuance of grading permits. No
occupancy permit shall be granted until public improvements have been completed.
15. All public and private improvements shall be inspected by the Public Works
Department.
16. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control, as well as Section 24.20, Stormwater Management
and Discharge Control.
Special Conditions
17. Project shall install and maintain landscaping on the slope extending to Cook Street.
18. Reciprocal access agreements required with all adjoining properties and an
easement shall be provided for the decomposed granite pathway for the future
"Starbucks" site to the north.
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, CFC, and CBC, or any recognized
Fire Protection Standards:
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PLANNING COMMISSION RESOLUTION NO. 2342
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 one 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" x 2-
1/2" x 2-1/2" 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 a complete NFPA 13 fire sprinkler system. This applies to all buildings with
a 3,000 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 buildings 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 CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not Tess than one 2A10BC
extinguisher per 3,000 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 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 feet 6 inches 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
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PLANNING COMMISSION RESOLUTION NO. 2342
of 150 feet shall be provided with a minimum of 45 foot radius turn -around, 55 feet
in industrial developments.
12. This project may require licensing by a state or county agency. To facilitate 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 twelve months.
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