HomeMy WebLinkAboutRes No 2550PLANNING COMMISSION RESOLUTION NO. 2550
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AND AMENDING
A CONDITIONAL USE PERMIT TO OPERATE A RESTAURANT
LOCATED AT 73-722 EL PASEO, APN: 627-212-012.
CASE NO. CUP 11-161
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 2011, hold a duly noticed public hearing to consider the request by
Piero Pierattoni 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. 10-26 in that the Director of Community Development has determined that
the project is a Class 3 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 the
said request:
1. That the proposed location of the conditional use is in accordance with
the objectives of the Zoning Ordinance and the purpose of the district
in which it is located.
The proposed location is in a General Commercial zone. The
purpose of this district is to provide specialty and general shopping
facilities. The proposed restaurant is compatible with this type of
use since it is likely that a portion of patrons shopping in this district
will also visit restaurants located nearby.
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental to
the public health, safety or welfare, or be materially injurious to
properties or improvements in the vicinity.
The proposed restaurant will meet all applicable requirements of the
Zoning Ordinance and will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties in
the vicinity. Final construction drawings of the proposed
improvements will require compliance with all California Building
Codes and inspections must be performed to verify compliance prior
to occupancy. Parking is adequate for the proposed activity, number
of staff and customers anticipated.
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved
variances or adjustments.
PLANNING COMMISSION RESOLUTION NO. 2550
The proposed use is consistent with the intent of the Zoning
Ordinance; the organization operates a community service based
use that operates during normal business hours and throughout the
night when a number of adjacent retail businesses are closed.
Existing parking is adequate and no increase in use of infrastructure
is necessary. This use will provide a service to the neighborhood in a
location that will not cause disturbances to its adjacent business
owners. No variances or adjustments are necessary for the project
4. That the proposed conditional use complies with the goals, objectives
and policies of the City's General Plan.
The general plan land use designation for the site is "Community -
Commercial" A primary objective stated in the Land Use Element
of the General Plan under Commercial Goals, Policies and
Programs is Goal 1, which provides for an integrated and
complementary mix of commercial land uses that meet the day-to-
day needs of local residents and tourists. Policy 1 of the General
Plan Land Use Element requires a sufficient amount of lands be
designated provide a full range of conveniently located services to
neighborhood and regional residents along with tourist visitors.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is consistent
with the General Plan in respect to the appropriate use of a
restaurant in the proposed location. The business is compatible with
surrounding land uses, and is effectively located along a primarily
retail street where it will not cause any disturbances to adjacent
businesses. Additionally, both restaurant and retail businesses may
prosper by being located adjacent to one another.
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 Planning Commission in this case.
2. That approval of Conditional Use Permit 11-161 is hereby granted, subject
to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2550
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 2011, by the following vote, to wit:
AYES: CAMBELL, DE LUNA, LIMONT, TANNER AND DASH
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, ecretary
Palm Desert Planning Commission
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-SONIA CAMPBELL, Chair:erson
PLANNING COMMISSION RESOLUTION NO. 2550
CONDITIONS OF APPROVAL
CASE NO. CUP 11-161
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. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
3. Piero's Pizza Vino shall open for lunch and dinner daily.
BUILDING AND SAFETY DEPARTMENT:
1. This project shall comply with the latest adopted edition of the following codes:
A. 2010 California Building Code and its appendices and standards.
B. 2010 California Plumbing Code and its appendices and standards.
C. 2010 California Mechanical Code and its appendices and standards.
D. 2010 California Electrical Code.
E. 2010 California Energy Code.
F. Title 24, California Code of Regulations.
G. 2010 California Fire Code and its appendices and standards.
2. 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 2010 CBC Chapters 11A & B (as applicable) and Chapter
10.
3. All exits must provide an accessible path of travel to the public way. (CBC 1024.6
& 1127B.1)
4. 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 supersede the State requirement.
5. 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.
6. 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. 2550
7. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm
Desert Municipal Code 15.15. Compliance with Ordinance 1217 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 1217 or Municipal Code Section 15.28 from the Department of
Building and Safety counter staff.
8. The existing restrooms will need to be brought up to current code. Both the
men's and women's stalls with side entry door do not comply with the required
clearances. The women's restroom does not comply with the required 60" dia.
circle and not having the entrance door encroaching more than 12".
9. The men's restroom door cannot swing out this encroaches more than half the
required width of the corridor.
10. These are some of the preliminary comments and does not constitute a full
review for compliance with all the above mentioned codes.
PUBLIC WORKS DEPARTMENT:
1. The applicant shall limit improvements to those on the approved site plan.
2. The applicant shall submit an executed and notarized Indemnification and Hold
Harmless agreement along with proof of insurance for the awning in the public
right-of-way prior to permit issuance.
FIRE DEPARTMENT:
1. Provide fire sprinkler plans.
2. Sprinkler Protection required at proposed additional public dining area.
3. Provide fire alarm plans.
4. You have been released for a tenant improvement on an existing Building.
This is not an occupancy permit. Prior to opening your business, you must
contact the Fire Marshal's office to schedule an appointment for a fire Life
Safety inspection. You and the contractor must be present at time of
inspection.
5. It is prohibited to use/process or store any materials in this occupancy that
would classify it as "H" occupancy per Sec. 307 of the 2007 CBC.
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PLANNING COMMISSION RESOLUTION NO. 2550
6. All fire sprinkler systems, fixed fire suppression systems and alarm plans
must be submitted separately for approval prior to construction.
Subcontractors should contact the Fire Marshal's Office for submittal
requirements.
7. Applicant/Developer shall be responsible for installing a fire alarm system /
sprinkler system required 3000 square feet or more. Plans must be submitted
to the Fire marshal's Office prior to installation.
8. Shelving, counters, etc. must be in place; however no merchandise may be
placed in the building prior to inspection.
9. A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must
be mounted in a visible location within 75' walking distance from any point in
your building or suite. Fire extinguishers can be installed by a licensed
company with a State Fire Marshal service tag attached to the extinguisher or
purchased from a retail store with the sales receipt attached. A licensed
company must service extinguishers yearly.
10. All Electrical breakers must be labeled, having a clearance of not less than 36
inches and must be maintained around the panel at all times.
11. A durable sign stating "This Door to Remain Unlocked Whenever the Building
is Occupied" Shall be place on or adjacent to the front exit doors. The Sign
shall be in letters not less than one inch high on a contrasting background.
12. The Fire Marshal's Office/City of Palm Desert job card, approved plans and
conditions letter must be at job site or NO inspection will be performed.
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