HomeMy WebLinkAboutRes No 2426PLANNING COMMISSION RESOLUTION NO. 2426
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN/CONDITIONAL USE PERMIT TO ALLOW A THREE (3)
BUILDINGS, TWO (2) WITH DRIVE -THROUGH RESTAURANTS,
TOTALING 11,400 SQUARE FEET LOCATED AT 75-096 GERALD
FORD DRIVE (APN # 653-690-017 AND 653-690-018).
CASE NO. PP/CUP 06-09
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21st day of November, 2006, hold a duly noticed public hearing to consider the
request by TIM DITOMASO for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined
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 following facts and reasons to exist to approve the said
request:
1. The proposed precise plan and conditional use permit will comply with
each of the applicable provisions of the zoning ordinance, except for any
approved exceptions.
2. The proposed project will not be detrimental to the public health, safety or
general welfare, or materially injurious to properties or improvements in
the vicinity.
3. The proposed precise plan and conditional use permit is consistent with
the surrounding uses and 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 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 the Planning Commission does hereby approve Precise Plan/
Conditional Use Permit 06-09, subject to conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2426
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21 st day of November, 2006, by the following vote, to
wit:
AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
JA K. LOPE , irperson
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PLANNING COMMISSION RESOLUTION NO. 2426
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 06-09
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
following conditions.
2. Construction of a portion of said project shall commence within one (1) 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 waste company and
Department of Community Development and shall include a recycling program.
6. 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.
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PLANNING COMMISSION RESOLUTION NO. 2426
7 All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
8. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
9. 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.
10. Any and all rooftop equipment shall be fully screened from view.
Department of Public Works:
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the City of
the life of the project, consistent with the Property Maintenance Ordinance 801
and the approved landscape 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 grading permit.
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. 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 study shall
compare the proposed site drainage with the approved master drainage plan for
site.
7. Driveways, drainage and pad heights shall be designed to serve this project in
accordance with PM 31563 and the preliminary precise grading plan.
8. Complete grading and improvement plans and specifications shall be submitted
to Public Works for checking and approval prior to issuance of any permits.
9. Any and all offsite improvements shall be preceded by the approval of plans and
issuance of valid encroachment permits by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2426
10. Pad elevations are subject to review and modification in accordance with the
Chapter 26 of the Palm Desert Municipal Code and PM 31563.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04)
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Codes, shall be installed in accordance with applicable City standards
including:
• 6' sidewalk on Gerald Ford Drive
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the City prior to the issuance of any permits
associated with this project.
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, Storm water Management
and Discharge Control.
17. 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 start water discharges associated with construction. Developer must contact
Riverside County Flood Control District for information materials.
18. Reciprocal access and drainage agreements shall be required with adjoining
properties if not provided for by PM 31563.
Riverside County Fire Department:
1. 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:
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PLANNING COMMISSION RESOLUTION NO. 2426
The fire department is required to set a minimum fire flow for the remodel or
construction of all 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 materials are placed
on the job site.
2. Provide, or show there exists, a water system capable of providing a potential
gallon 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-
1 /2"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. Install a fire alarm system as required by the UBC Chapter 3.
6. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
7. Install and complete NFPA 13 fire sprinkler system. This applies to 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' from the building within 50' of an
approved hydrant.
8. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored and alarmed per UBC Chapter 9.
9. All buildings shall be accessible by an all-weather roadway extending to within 150'
of all portions of the exterior walls of the first story. The roadway shall be not less
than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel
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 turn around (55' in industrial developments). Fountains
or garden islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restrictive.
10. Install a Hood/Duct automatic fire extinguisher system per NFPA 96 in all public
and private cooking operations.
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PLANNING COMMISSION RESOLUTION NO. 2426
11. 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.
12. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
14. 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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