HomeMy WebLinkAboutRes No 2485PLANNING COMMISSION RESOLUTION NO. 2485
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO CONSTRUCT A 6,100 SQUARE FOOT
TIRE STORE LOCATED AT 78-018 COUNTRY CLUB DRIVE.
CASE NOS. PP 07-13, CUP 07-16
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 2nd of September, 2008, hold a duly noticed public hearing to consider the
request of Fountainhead Indio for the above mentioned project; 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 justify approval of said
request:
Precise Plan/Conditional Use Permit:
1. The proposed location of the precise plan / conditional use is in accord
with the objectives of the Zoning Ordinance and the purpose of the district
in which the site is located.
The proposed project is zoned PC (2) Planned Commercial District,
Freeway Commercial Overlay Zone that allows flexibility with a variety of
types of commercial uses. The uses range from supermarkets,
drugstores, variety stores, and restaurants. The property has a Freeway
Commercial Overlay Zone which allows automobile service stations
subject to a Conditional Use Permit. In order to obtain approval of uses
only permitted in the FCOZ, the project must utilize FCOZ standards. The
proposed project is a 6,100 square foot tire store that will be used for
all residents, which is in accord with the objectives of the Zoning
Ordinance and is consistent with the uses outlined in section 25.38.030
Conditional Uses.
2. The proposed location of the precise plan / conditional use and the
conditions under which it will 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.
The project will be a new development in an older area of the community.
The proposed project as conditioned will comply with current Building and
Safety Codes, Fire Department and Reviewed by the City's Engineering
PLANNING COMMISSION RESOLUTION NO. 2485
Department for compliance with City Ordinance. The use of the 6,100
square foot tire store is permitted within the PC (2) Planned Commercial
District center zone, Freeway Commercial Overlay Zone subject to a
Conditional Use Permit (for the land use) and is consistent with the intent
of the City's Zoning Ordinance as described in the staff report. The site
meets setbacks, lot coverage, building height, land use, and parking such
that it will not be detrimental to the public interest, health, safety, welfare
and will not be materially injurious to properties or improvements in the
vicinity as described in more detail in the Staff report. A condition of
approval has been placed on the project which will require the project
proponent to construct all necessary on and off -site infrastructure to
provide utilities to the proposed project prior to the issuance of Building
Permits. Water, sanitation and public utilities and services are available in
Country Club Drive, a public street.
3. The proposed precise plan / conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments.
The property is located in the PC (2) Planned Commercial District Center,
Freeway Commercial Overlay Zone. The project is in accord with the
objectives of the Zoning Ordinance. Additionally, conditions have been
added to the project to ensure that all the minimum requirements of the
Palm Desert Municipal Code are met, including building, landscaping,
public works, and the fire department conditions. The project requires no
variances or adjustments.
4. The proposed precise plan / conditional use complies with the goals,
objectives, and policies of the city's adopted General Plan.
A primary objective stated in the Land Use Element of the General Plan
under Commercial Goals, Policies and Programs is Goal 1, which states an
integrated and complementary mix of commercial land uses that meet the
day to day needs of local residents, fully exploit opportunities to serve the
regional retail commercial market. Program 3.A. of the General Plan Land
Use Element is that the City shall development and implement incentive
programs for selected lands encouraged cohesive and coherent
commercial development patterns, which reduce fragmented development,
enhance community design values and promote effective in -fill
development.
This project promotes a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is consistent with the
General Plan because the project proposes a 6, 100 square foot building for
a tire store, which is compatible with the existing uses within the
surrounding area, and offers an excellent service to the community.
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PLANNING COMMISSION RESOLUTION NO. 2485
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 Precise Plan 07-13 and Conditional Use Permit 07-16 is
hereby granted, subject to the attached conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of September, 2008, by the following vote, to
wit:
AYES: CAMPBELL, CAMPBELL, LIMONT, TANNER
NOES: NONE
ABSENT: SCHMIDT
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2485
CONDITIONS OF APPROVAL
CASE NOS. PP 07-13 AND CUP 07-16
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 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 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. 2485
7. Applicant shall execute and obtain approval of the City Council of the attached
development agreement prior to obtaining a building permit for the project.
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 for
the life of the project, consistent with the Municipal Code provisions and the
approved landscaped 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 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.
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.
7. A security bond shall be submitted for public improvements prior to issuance of
grading permit.
DESIGN REQUIREMENTS
8. 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.
9. Complete grading and improvement plans and specifications shall be submitted
to Public Works for checking and approval prior to permit issuance.
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
27 of the Palm Desert Municipal Code.
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PLANNING COMMISSION RESOLUTION NO. 2485
12. Landscape installation 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 Palm Desert
Municipal Code, shall be installed in accordance with City standards including:
Expansion of Retention Basin as shown on grading plans.
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
15. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
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 storm
water discharges associated with construction. Developer must contact Riverside
County Flood Control District for informational materials.
SPECIAL CONDITIONS
18. Reciprocal parking and access easement is required with other properties within
the subject parcel map.
19. 12' Public Easement is required for a bikepath along west and north property
lines with any landscaping within this area subject to removal upon construction
of the bikepath precluding installation of any trees. Provisions for vehicular
access shall also be provided through this area.
20. No permits associated with this project shall be issued prior to recordation of the
proposed lot line adjustment.
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
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PLANNING COMMISSION RESOLUTION NO. 2485
be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, 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 fire flow
of 3000 gpm for multifamily dwellings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-
1/2"x2-1/2", located not Tess than 25' nor more than 150 feet from any portion of
a multifamily dwelling measured via vehicular travelway.
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 13R 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. (13 R and attic protector)
7. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored and alarmed per UBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 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, mount CU exterior of
building.
10. All buildings shall have illuminated addresses of a size approved by the city.
11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
12. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
13. The Fire Marshall office will require a second party technical report for the
sprinkler system density due to the large quantity of tire stored.
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PLANNING COMMISSION RESOLUTION NO. 2485
Building and Safety Department:
1. Project must conform to the current State of California Codes adopted at the time
of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1145.
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 California Energy Code. Please
obtain a copy of the Ordinance for further information.
4. 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 2007 CBC Chapters 11A & B (as applicable) and Chapter
10.
5. All exits must provide an accessible path of travel to the public way. (CBC 1024.6
& 1127B.1)
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
8. 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.
9. 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.
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PLANNING COMMISSION RESOLUTION NO. 2485
10. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). Compliance with
Ordinance 1006 regarding street address location, dimension, stroke of line,
distance from street, height from grade, height from street, etc. shall be shown on
all architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the building
address unreadable shall be addressed during the plan review process. You may
request a copy of Ordinance 1006 from the Department of Building and Safety
counter staff.
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