HomeMy WebLinkAboutRes No 2354PLANNING COMMISSION RESOLUTION NO. 2354
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF
DESIGN AND A GONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF AN 11,395 SQUARE FOOT RETAIL/OFFICE
BUILDING WITH A DRIVE -THROUGH STARBUCKS RESTAURANT. THE
PROPERTY IS LOCATED AT 74-836 TECHNOLOGY DRIVE.
CASE NO. PP/CUP 05-09
WHEREAS, the Planning Commission of the City of Paim Desert, California, did
on the 20th day of September, 2005, hold a duly noticed public heanng to consider the
request by LOST HORSE MOUNTAIN, LLC, for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "Gity of
Paim Desert Procedure for !mplementation of the Califomia Environmental Quality Act",
Resolution No. 05-52," in that the Director of Community Development has deterrnined
that the project is a Class 32 Categorical Exemption; 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 foliowing facts and reasons to exist to justify approval of the
said request:
1. The design of the precise plan will not substantially depreciate property
values, not be materially injurious to properties or improvements in the
vicinity.
2. The proposed precise plan and conditional use permit will comply with
each of the applicable provisions of this title.
3. The proposed Iocation of the precise plan and the conditions under which
it wfll be operated and maintained will not be detrimental to the public
health, safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
4. That the precise plan and conditional use permit and the proposed
improvements will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
5. That the design or improvements of the proposed precise plan and
conditional use permit are consistent with applicable general and specific
plans.
PLANNING COMMISSION RESOLUTION NO. 2354
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Paim Desert, California, as foliows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby approve Precise Plan/
Conditional Use Permit 05-09, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Paim Desert
Planning Commission, held on this 20th day of September, 2005, by the foliowing vote,
to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
.it&Ot
PHILIP DRELL, Secretary
Paim Desert Planning Commission
DAVID E. TSCHOPP, Chairp-rs
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PLANNING COMMISSION RESOLUTION NO. 2354
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 05-09
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
foliowing 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 Iimitations set forth herein which are in addition to aH 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
foliowing agencies:
Coachella VaIey Water District
Paim 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 waste company and
Department of Community Development and shati include a recycling program.
6. Applicant agrees to maintain the Iandscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said
Iandscaping for the Iife of the project, which agreement shaU be notanzed and
which agreement shall be recorded. It is the specific intent of the parties that this
condition and agreement wn with the land and bind successors and assigns. The
final landscape ptan shall include a Iong-term maintenance program specifying
among other matters appropriate watering times, fertilization and pruning for
vanous 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 Iandscape plan.
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PLANNING COMMISSION RESOLUTION NO. 2354
7. All sidewaik plans shall be reviewed and approved by the department of public
works pnor to architectural review commission submittal.
8. The project shall be subject to all applicable fees at time of issuance of building
perrnits including, but not timited to, Art in Public Places, Fnnge-Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
9. A detailed parking lot and building Iighting plan shall be submitted to staif for
approval, subject to applicable Iighting standards, plan to be prepared by a
qualified llghting engineer.
Department of Public Works:
All Iandscape maintenance shall be preformed by the property owner and the
applicant shall enter into a Iandscape maintenance agreement with the City for
the Iife of the project, consistent with the Property Maintenance Ordinance (Ord.
801) and the approved Iandscape plan.
2. A complete preliminary soils investigation conducted by a registered soils
engineer shall be submitted and approved by the Public Works Department prior
to the issuance of a grading permit.
3. Signalization fees, in accordance with City of Paim Desert Resolution Numbers
79-17 and 79-55, shalt 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 Paim Desert Municipal
Code shati be paid prior to issuance of grading permit.
7. Storm dram 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 the start of construction. The project shat) be
designed to retain storm waters associated with increase in developed vs.
undeveloped condition for a 100 year storm and also to retain nuisance waters.
8. Driveway, drainage and pad heights shall be designed to applicabte Gity
standards.
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PLANNING COMMISSION RESOLUTION NO. 2354
9. Complete grading and improvement plans/specifications on electronic files shall
be submitted to the Director of Public Works for checking and approval prior to
issuance of any permits.
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 Paim Desert Municipal Code.
12. Landscape instaflation 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.
14. Full public improvements, as required by Section 26 of the Paim Desert
Municipal Code, shall be installed in accordance with applicable City standards
i nclud ing:
6' curbside sidewaik on Technology Drive.
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the City prior to the ssuance of any permits
associated with this project.
15. 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 pubtic improvements have been
completed.
16. All public and private improvements shall be inspected by the Public Works
Department.
17. Applicant shall comply with provisions of Paim Desert Municipal Code Section
24.12, Fugitive Dust Contro.
18. Prior to the start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination System (NPDES) General Construction Permit
for storm water discharges associated with construction. Developer must contact
Riverside County Flood Control District for informational materials.
19. Project shall install and maintain Iandscaping on the siope directly behind the site
extending to Cook Street.
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PLANNING COMMISSION RESOLUTION NO. 2354
20. Reciprocal access agreements required with all adjoining properties, and the
project shall provide an easement for the decomposed granite pathway for the
"Jack in the Box" site.
21. Developer shall install a DO NOT ENTER sign at the new driveway leading to
the Hampton lnn Hotel.
Riverside County Fire Department:
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, CBC, and/or recognized fire protection standards:
The fire department is required to set a minimum fire flow for the remodel or
construction of alt commercial buildings per UFC Article 87.
A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating
pressure must be available before any combustible matenals are placed
on the job site.
2. Provide, or show there exists, a water system capable of providing a potential
gaon per minute flow of:
a) 3000 for commercial structure.
3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-
112"x2-1/2"), located not less than 25' nor more than 150' from any portion of a
commercial building measured via vehicular travelway.
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
5. lnstall a complete NFPA 13R fire spnnkler system. This applies to alt buildings with
a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the
locatiorts of alt post indicator valves and fire department connections. Alt vatves
and connections shall not be less than 25' from the building and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
6. Alt vaives controlling the water supply for automatic spnnkler systems and water -
flow switches shall be monitored as required by the UBC Chapter 9.
7. lnstall a fire alarm system as required by the UBC Chapter 3.
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PLANNING COMMISSION RESOLUTION NO. 2354
8. InstaII portable fire extinguishers per NFPA, 10, but not Iess than 2AIOBC
extinguisher per 3,000 square feet and not over 75' waiking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
9. All buildings shall be accessible by an all-weather roadway extending to within 150'
of all portions of the exterior walis of the first story. The roadway shall be not Iess
than 24' of unobstructed width and 1 3'6" of vertical clearance. Where paraliel
parking is allowed, the roadway shall be 36' wide with parking on both sides, 32'
wide with parking on one side. Dead-end roads in excess of 150' shall be provided
with a minimum 45' radius tum around (55' in industnal developments). Fountains
or garden islands placed in the middle of these tum-arounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restnctive.
10. 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
over -ride system to allow for emergency vehicle access. Minimum gate width
shall be 16' with a minimum vertical clearance of 136".
11. All buildings shall have illuminated addresses of a size approved by the city.
12. All fire spnnkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
13. 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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