HomeMy WebLinkAboutRes No 2588PLANNING COMMISSION RESOLUTION NO. 2588
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
OPERATE A RESTAURANT LOCATED AT 73-130 EL PASEO, SUITES I AND J.
CASE NO. CUP 12-202
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of August, 2012, hold a duly noticed public hearing to consider the request by El
Paseo Collection Fashion Plaza 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. 2012-20 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:
Findings of Approval:
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. The
proposed restaurant compliments the adjacent retail business uses and the other
restaurants along El Paseo and in the vicinity, as well as providing an
establishment for the residents and visitors.
The type of business conducted at the proposed site is in accordance with
adjacent businesses and residents, and would have minimal impacts on parking,
traffic, and noise. The restaurant operates seven days a week and is in
accordance with other businesses in the area. The restaurant will not adversely
impact the commercial uses or existing residences in the area.
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
PLANNING COMMISSION RESOLUTION NO. 2588
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.
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. The property is located in a Scenic Preservation
Overlay. The architectural modifications to the building will not increase the height
of the building, so the views won't change from what exist today. 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 complimentary 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 to provide a full range
of conveniently located services to neighborhood and regional residents along with
tourist visitors.
The proposed restaurant would be an appropriate integration of neighborhood,
residential -serving commercial services within easy walking distance of homes to
the south.
The Circulation Element of the General Plan is meant to address and ensure that
transportation issues are addressed in a manner that limits adverse impacts and
enhances positive impacts, and to assure that local traffic stays local. The
Circulation Element also establishes and directs actions to maintain acceptable
levels of service on all community roadways. A goal of the City is to carefully review
projects to assure neighborhood character is protected. A restaurant is suited at this
site since the General Plan allows commercial uses. The restaurant will continue to
use the same built improvements, rather than constructing new ones that would be
used a small percentage of time. The restaurant building currently exists and would
protect residential neighborhoods from traffic and parking impacts.
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PLANNING COMMISSION RESOLUTION NO. 2588
Policy 3 of the Residential Land Use Goals and Policies states that the City shall
encourage in -fill development on lands located adjacent to or near existing
residential areas and utilities to maximize the efficient utilization of land and
infrastructure.
The restaurant is an in -fill project, and there are existing residential properties
both south and west of the project, whose residents will be able to walk to the
restaurant.
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 12-202 is hereby granted, subject to
conditions attached.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of August, 2012, by the following vote, to wit:
AYES: CAMPBELL, DASH, DELUNA
NOES: NONE
ABSENT: LIMONT, TANNER
ABSTAIN: NONE
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
SONIA CAMPBELL, CH IRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2588
CONDITIONS OF APPROVAL
CASE NO. CUP 12-202
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. The restaurant shall open for lunch and dinner daily.
4. The restaurant shall have a maximum of 30 employees working at one time.
5. The restaurant shall operate within a 4,000 square foot suite.
6. The extending of the storefront of five feet shall not be located within the public right-of-
way.
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. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1217.
4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
11276.1)
5. 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.
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PLANNING COMMISSION RESOLUTION NO. 2588
6. 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.
7. 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.
8. 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.
9. 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.
PUBLIC WORKS DEPARTMENT:
1. The restaurant patio and screen wall shall be located outside of the public right-of-way.
2. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2588
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 2A1OBC 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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