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HomeMy WebLinkAboutRes No 2345PLANNING COMMISSION RESOLUTION NO. 2345 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT TO CONSTRUCT A TWO-STORY RESTAURANT/RETAIL/ OFFICE COMPLEX WITH PARKING ADJUSTMENT ON PROPERTY LOCATED AT 73-703 HIGHWAY 111. CASE NO. PP/CUP 05-08 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19th day of July, 2005, hold a duly noticed public hearing which was continued to August 16, 2005, to consider the request of DELGADO/RODRIGUEZ for approval of a two-story restaurant/retail/office complex; 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 is a Class 32 Categorical Exemption 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 approval of the two-story restaurant/retail/office project as described below: 1. The design of the precise plan/conditional use will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan/conditional use for the restaurant/retail/office expansion 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/conditional use for the restaurant/retail/office expansion will not endanger the public peace, health, safety or general welfare. 4. That the precise plan/conditional use for the restaurant/retail/office expansion will comply with each of the applicable provisions of the Zoning Ordinance, except for parking for which an adjustment is necessary, and is in conformance with the General Plan. 5. With respect to the parking adjustment, the Planning Commission specifically finds that the positive impacts of the project (i.e., removal of an old obsolete building and construction of a new well designed two-story Spanish colonial PLANNING COMMISSION RESOLUTION NO. 2345 building) will more than offset the potential negative impacts on the common parking facilities in the area. 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 a parking adjustment to accommodate the two-story 21,653 square foot restaurant/retail/office complex is hereby approved. 3. That approval of Precise Plan/Conditional Use Permit 05-08 is hereby granted for the two-story restaurant/retail/office complex, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of August, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ NOES: TSCHOPP ABSENT: JONATHAN ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Pla ning Commission 2 ) DAVID E. TSCHOPP, Chairpersoc PLANNING COMMISSION RESOLUTION NO. 2345 CONDITIONS OF APPROVAL CASE NO. PP/CUP 05-08 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: 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. 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. 3 PLANNING COMMISSION RESOLUTION NO. 2345 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. 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. 11. 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. 12. That the applicant/Casuelas Cafe operator shall require that employees of the Casuelas Cafe arriving for work before 5:00 p.m. shall park off site at the Gardens parking structure or other acceptable location and the applicant/Casuelas Cafe operator shall operate a shuttle service to transport employees between the off -site parking lot and the Cafe. A Parking Management Plan shall be prepared by the applicant and approved by the Director of Community Development. Said Parking Management Plan may provide for suspension of the employee shuttle service during the off season. Department of Public Works: General Requirements 1. All landscape maintenance on property shall be performed by the property owner. 4 PLANNING COMMISSION RESOLUTION NO. 2345 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 for the increased square footage. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) for the increased square footage. 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. Design Requirements 6. Any 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. 7. 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. 8. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the Public Works Department for improvements in the public right-of-way and President's Plaza prior to issuance of any permits. 9. 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. 10. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 11. Project shall retain nuisance waters on -site. 5 PLANNING COMMISSION RESOLUTION NO. 2345 12. All new landscape installation shall be drought tolerant in nature. 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. 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 16. Parcel Map Waiver required to merge Lots 4, 5, 6 and 7 or evidence shown that the lots have previously been consolidated. // 6