HomeMy WebLinkAboutRes No 2457PLANNING COMMISSION RESOLUTION NO. 2457
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A VARIANCE TO SECTION 25.28.060
MINIMUM STREET FRONTAGE SETBACK OF THE ZONING
ORDINANCE TO ALLOW AN ENCROACHMENT INTO THE
REQUIRED 2:1 STREET FRONTAGE SETBACK RATIO AND TO
ALLOW A TWO -FOOT SIX-INCH (2'6") ENCROACHMENT INTO
THE MINIMUM FIVE—FOOT (5') STREET FRONTAGE SETBACK,
AND APPROVAL OF A PRECISE PLAN TO CONSTRUCT A
15,499 SQUARE FOOT TWO-STORY COMMERCIAL RETAIL
RESTAURANT BUILDING INCLUDING A 36-FOOT TOWER
ELEMENT LOCATED AT 73-399 EL PASEO.
CASE NOS. VAR 07-01 AND PP 07-08
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of October, 2007, hold a duly noticed public hearing to consider the request of A & H
Management for the above stated; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution
No. 06-78" in that the Director of Community Development has determined that the project is a
Class 1 (Existing Facilities) categorical exemption for the purposes of CEQA; 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 justify recommending to City Council approval of
said Variances:
FINDINGS FOR APPROVAL OF A VARIANCE:
1. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the ordinance codified in this title.
• 2:1 Setback Ratio Drovidina a Davliaht triangle: Given that the height of
the building is proposed to be 29'6", requiring the property owner to
comply with a 2:1 setback ratio would create an unnecessary hardship
inconsistent with the objectives codified in the Zoning Ordinance and
inconsistent with other properties on the El Paseo corridor. Every two-
story building on El Paseo does not comply with the Code Section.
• 2.5' Street Frontage setback encroachment: Strict or literal interpretation
and enforcement of the specified regulation that provides a 5-foot
setback for General Commercial buildings is not consistent with other
street corners on El Paseo and negatively impacts the proposed project.
The increased existing property setback is greater than every other
PLANNING COMMISSION RESOLUTION NO. 2457
corner and the project would be negatively impacted should the 5-foot
street frontage setback be enforced.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to other properties in the same zone.
• 2:1 Setback Ratio providing a Daylight triangle: Strict compliance of the
Code Section 25.28.060 for a 2:1 street frontage setback ratio is not
applicable to properties on El Paseo, and has not been enforced in the
past due to its preclusion of the construction of any two-story structure
on the El Paseo corners.
• 2.5' Street frontage setback encroachment: Due to its unusual and
exceptional property line dedication, that is inconsistent with other
properties in the district, and that a resulting sidewalk would be
inconsistent with all other properties on El Paseo, the 5' setback would
negatively impact the proposed project.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
• 2:1 Setback Ratio providing a Daylight triangle: The strict and literal
enforcement of C-1 Code Section 25.28.060 would deny the applicant
privileges enjoyed by the owners of other properties in the El Paseo
district. While the subject property is not technically unusual as
compared with other properties along El Paseo, conformance to the 2:1
ratio street frontage setback ratio is not applicable to any property
fronting El Paseo and would be inconsistent with economic and
architectural intent for this district.
Where other properties have been granted variances, successful and
attractive two story businesses along El Paseo have been constructed. It
would appear that not granting the variance would deny the applicant
privileges enjoyed by other property owners along El Paseo. These
exceptional circumstances make it unfeasible to deny the variance.
• 2.5' Street Frontage setback encroachment: The literal interpretation of
Code Section 25.28.060 providing for a 5-foot street frontage setback in
a C-1 General Commercial Zone would create an asymmetrical pathway
on the Lupine Lane - El Paseo corner. The sidewalk would be fourteen
and a half feet (14.5') on the El Paseo side and seventeen feet (17') on
the Lupine Lane side.
IMO
..
Allowing the sidewalk to be wider and the storefront to be setback
visually farther from the curb could impede the intended aim of the
storefront presence and adversely affect its success. Allowing the
building to encroach into the required 5' setback by two -feet six -inches ..�
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PLANNING COMMISSION RESOLUTION NO. 2457
(2'6"), ensures a unified and comprehensive impact and street charisma,
and by not allowing would deprive the applicant this privilege enjoyed by
others with El Paseo storefronts.
4. That the granting of the variance or adjustment will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
• 2:1 Setback Ratio providing a Daylight triangle: Granting of the variance
will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity. The
proposed two-story commercial building will update the appearance of
the corner with fresh look and bring the site into compliance with the
zoning ordinance requirement that EL Paseo remain an attractive
exciting pedestrian venue.
• Street Frontage setback encroachment: Granting of the variance will not
be detrimental to public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity. Granting of the variance will
ensure a lasting, aesthetic and economic improvement to the general
vicinity.
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 recommend approval of said Precise Plan:
1. The proposed Precise Plan requires the approval of two variances, and the
findings necessary for those variances have been met.
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 approval of Case Nos. VAR 07-01 and PP 07-08 is recommended to City
Council, subject to the attached conditions.
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PLANNING COMMISSION RESOLUTION NO. 2457
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of October, 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
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2457
CONDITIONS OF APPROVAL
CASE NOS. VAR 07-01 AND PP 07-08
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. The
applicant shall construct a six-foot wide sidewalk along the property's frontage as shown
on the project site plan.
2. The applicant shall submit to the City of Palm Desert an in -lieu parking fee in the
amount of seventy-five thousand dollars ($75,000) to provide for the purchase of a
Courtesy Cart and one year operation, or at the City's discretion, to be used toward
construction of a public parking structure at a future date.
3. 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.
4. 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.
5. 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
6. 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.
7 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.
8. Applicant agrees to maintain the landscaping required to be installed pursuant to these
conditions.
9. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to final Architectural Review Commission submittal.
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PLANNING COMMISSION RESOLUTION NO. 2457
10. 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.
11. 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.
12. 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.
13. A Conditional Use Permit is required for any and all outdoor sales of arts, crafts,
clothing, goods, and any other merchandise.
14. Delivery hours shall be limited to 7:00 am to 10:00 pm.
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.
16. In the event that a parking problem (as determined by the Director of Public Works)
arises, the property owner shall prepare and submit to the City of Palm Desert a
parking management plan, acceptable to the Director of Community Development, to
resolve the problem.. Said parking management plan shall be based on a parking
study and is required to mitigate parking shortfalls during peak demand hours.
Department of Public Works:
GENERAL REQUIREMENTS
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2457
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 issuance of grading permits
DESIGN REQUIREMENTS
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.
8. Complete grading and improvement plans and specifications shall be submitted to the
Director of 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 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. Landscape installation shall be drought tolerant in nature and in accordance with the
City's Water Efficient Landscape Ordinance (24.04).
12. Landscape, grading, and utility plans shall be submitted for review concurrently.
13. Full public improvements, as required by Section 26 of the Palm Desert Municipal
Code, shall be installed in accordance with applicable City standards. 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.
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, 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
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PLANNING COMMISSION RESOLUTION NO. 2457
Elimination System (NPDES) General Construction Permit for storm water discharges
associated with construction. Developer must contact Riverside County Flood Control
District for informational materials.
SPECIAL CONDITIONS
18. Project shall record a reciprocal parking and access agreement with property to the
west prior to issuance of grading permit.
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 CALIFORNIA BUILDING CODE (Based on 1997 UBC)
2001 CALIFORNIA MECHANICAL CODE (Based on 2000 UMC)
2001 CALIFORNIA PLUMBING CODE (Based on 2000 UPC)
2004 CALIFORNIA ELECTRICAL CODE (Based on 2002 NEC)
2005 CALIFORNIA ENERGY CODE
2001 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2001 CALIFORNIA 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 11B.
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.
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 project, the
fire department recommends the following fire protection measures be provided in
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PLANNING COMMISSION RESOLUTION NO. 2457
accordance with City Municipal Code, NFPA, CFC, and CBC or any recognized Fire
Protection Standards:
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 1-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 flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2 "x 2Y2",
located not less than 25' nor more than 150' from any portion of a commercial building
measured via vehicular travel -way.
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
3000 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 and within 50' 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 MFPA 10, but not less than one 2A10BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
10. All building 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 not be less than 24' of
unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required
on both sides of the street, the roadway must be 36' wide and 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.
11. All buildings shall have illuminated addresses of a size approved by the city.
12. 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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PLANNING COMMISSION RESOLUTION NO. 2457
Coachella Valley Water District:
1. The District shall furnish domestic water and sanitation service to this area in
accordance with the current regulations of this District. These regulations provide for
the payment of certain fees and charges by the subdivider and said fees and charges
are subject to change.
2. The District requires restaurants to install a grease interceptor, including a sample
box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation
facilities. The size of the grease interceptor will be determined and approve by the
District. Installation of the interceptor shall be inspected by the District.
3. Plans for grading, landscaping and irrigation systems shall be submitted to the District
for review. This review is for ensuring efficient water management.
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