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HomeMy WebLinkAboutRes No 2455PLANNING COMMISSION RESOLUTION NO. 2455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A NEW 15,785 SQUARE FOOT LONGS DRUGS STORE AND A TENTATIVE PARCEL MAP TO MERGE SIX (6) EXISTING PARCELS INTO ONE (1) PARCEL. THE PROJECT INCLUDES DEMOLITION OF A 31-ROOM HOTEL KNOWN AS THE PALM DESERT LODGE. THE PROPERTY IS LOCATED AT 74-527 HIGHWAY 111, ALSO KNOWN AS APNS 625-162-055 AND 625-162-054. CASE NOS. PP 07-01 AND TPM 34567 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of September, 2007, hold a duly noticed public hearing to consider the request by Longs Drugs store / Renata Tyler 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 Tentative Parcel Map comply with each of the applicable provisions of the zoning ordinance and are consistent with the City's General Plan. 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 project will be an improvement and 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 07-01 and Tentative Parcel Map 34567, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. 2455 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of September, 2007, by the following vote, to wit: AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission AONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2455 CONDITIONS OF APPROVAL CASE NOS. PP 07-01 AND TPM 34567 WIMP 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 two (2) years 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 Review 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. 7 All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to final 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. 3 PLANNING COMMISSION RESOLUTION NO. 2455 9. Any and all proposed outdoor lighting shall comply with Palm Desert Municipal Code Section 24.16. A detailed parking lot and building lighting plan prepared by a qualified lighting engineer shall be submitted to staff for approval. 10. All roof top equipment shall be screened from all views. The applicant shall provide building sections and/or line of sight drawings to illustrate that all roof top equipment is screened from all views. 11. A new 8' high combination wall or alternative solution, as approved by the Community Development/Planning Department, shall be installed along the south property line to provide security and screening for the residential properties. 12. A Conditional Use Permit is required for any and all outdoor sales of arts, crafts, clothing, goods, and any other merchandise. 13. Delivery hours shall be limited to 7:00 am to 10:00 pm. 14. The project shall be required to install a new bus shelter along Highway 111, unless it is determined by Community Services that a new bus shelter is not needed. 15. All conditions of approval shall be recorded before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. Department of Public Works: 1. All landscape maintenance shall be performed by the property owner who shall maintain the landscaping per the City approved landscape document package for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) 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 Resolutions No. 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 made at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 4 PLANNING COMMISSION RESOLUTION NO. 2455 6. Storm drain design and construction shall be consistent 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 shall be submitted to Public Works for checking and approval prior to issuance of any permits. 8 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. 9. Pad elevations are subject to review and modification in accordance with the Chapter 26 of the Palm Desert Municipal Code and PM 31563. 10. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04) 11. Landscape plans shall be submitted for review concurrently with grading plans. 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Codes, shall be installed in accordance with applicable City standards including 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. Rights -of -way necessary for installation of the following referenced improvements shall be dedicated to the City prior to the issuance of any permits associated with this project. • 6-foot curbside sidewalk on Shadow Hills Drive and Deep Canyon Road as specified on Public Works condition number 17. • Dedication of 12 feet of right -of way from back of curb along Shadow Hills Drive and Deep Canyon Road frontages with appropriate radius joining Highway 111. 13. 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. 14. 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. 15. 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 5 PLANNING COMMISSION RESOLUTION NO. 2455 16. Complete parcel map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 17 All underlying conditions from subject precise plan shall apply to the parcel map. 18. A 20-foot wide drainage easement along the northerly portion of the project shall be recorded prior to issuance of a grading permit and drainage facility installed. The drainage facility shall consist of a 24" HDPE pipe connected to the existing catch basin on the NW Corner of the project from the easterly property line, extending across the north parking lot. The developer shall also provide a connection to a bulkhead for future city connection. If the City design for connection to the existing storm drain is complete when the developer's ROW improvements plans are approved, the City may elect to have the developer install the City improvements under a reimbursement agreement. Developer shall be allowed to connect to the pipe or continue to discharge the historic flows to the City storm drain system. Drywells shall be installed at developer's expense to mitigate nuisance waters and comply with NPDES requirements. Department of Building and Safety: 1. Project must conform to the City of Palm Desert adopted codes at the time of plan check submittal. Currently the reference codes are: 2001 2001 2001 2004 2005 2001 2001 CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA BUILDING CODE (Based on 1997 UBC) MECHANICAL CODE (Based on 2000 UMC) PLUMBING CODE (Based on 2000 UPC) ELECTRICAL CODE (Based on 2002 NEC) ENERGY CODE BUILDING STANDARDS ADMINISTRATIVE CODE FIRE CODE 2. An approved automatic fire sprinkler system shall be installed in every building (except R3 occupancies) where the total accumulation of gross floor area is 3000 square feet or more. (Reference City of Palm Desert Ordinance 1054). 3. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2001 CBC Chapter 11 B. 3. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 6 PLANNING COMMISSION RESOLUTION NO. 2455 01110 4. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 5. Address numerals shall comply with Palm Desert Ordinance No. 1006. You may request a copy of the Ordinance at the Building Department. 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: 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 2A1OBC 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. 7 PLANNING COMMISSION RESOLUTION NO. 2455 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. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 8