HomeMy WebLinkAboutRes No 2649PLANNING COMMISSION RESOLUTION NO. 2649
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A 700-SQUARE-FOOT BUILDING ADDITION,
EXPANSION OF INDOOR AND OUTDOOR DINING, AND CREATION
OF AN OUTDOOR PAVILION FOR EVENT SPACE FOR CASUELAS
CAFE LOCATED AT 73-703 HIGHWAY 111
CASE NO: CUP 14-241
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 10th day of February 2015, considered the architectural and
building improvements to the existing Casuelas Cafe and approved the proposed
changes as presented,
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of May 2015, hold a duly noticed public hearing to consider the request
by Casuelas Cafe 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. 2014-41, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class
32 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 the approval of
said request:
FINDINGS:
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 the
site is located.
The site is located within the General Commercial (C-1) zoning district and the
Scenic Preservation (S.P) overlay zone. The purpose of the C-1 zoning district is
to set development and operation standards for commercial uses and activities.
The proposal for the continued use of a restaurant is a permitted use in the C-1
zoning district. It can be determined that the approval of this conditional use
permit is consistent with the existing uses of the site, is consistent with the
permitted and conditionally permitted uses listed for the zoning district, and
conforms to all development standards contained in the zoning ordinance.
PLANNING COMMISSION RESOLUTION NO. 2649
The City's Architectural Review Commission reviewed the proposed building and
site improvements at their meeting on February 10, 2015, and did make findings
that the proposed building improvements comply with the Scenic Preservation
Overlay District. The Commission found that: the maximum building height is
twelve feet below the maximum height of the zoning district, the building height,
building setback, and the openness of the pavilion space help to preserve scenic
vistas of the mountains to the west and south, and that the landscaping along
Palm Desert Drive also further enhances the property and provides shading to
surrounding pedestrian sidewalks. In addition, the Commission found that the
applicant's preservation of the building's mid-century architecture is attractively
maintained and helps identify the site as a special place in the City of Palm
Desert.
The type of business conducted at this site is compatible with surrounding
businesses. The use of outdoor music will comply with the municipal code
requirements for sound levels and will have minimal impacts on noise due to
existing traffic noise on the Highway 111 corridor.
2. That the proposed location of the conditional use and the conditions under which
it would 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 conditional use is adjacent to properties with similar zoning
designations and commercial uses. The site, which was improved with buildings
and a parking lot, was originally developed in the 1950s and has operated with
various restaurants and commercial retail uses. The proposed improvements and
additions to the existing building, site, and landscape substantially improve the
site's appearance and remove the current state of disrepair of the existing
parking lot. Building improvements and site operations will comply with all
building, life safety and environmental standards during construction and
continued operations, including: dust mitigation, storm water discharge, health
licensing, and fire prevention strategies. All building and site improvements,
including enlargements to restroom facilities and pedestrian walkways, will
comply with the Americans with Disabilities Act (ADA). Therefore, the conditional
use, building, site and landscape improvements will not be detrimental to public
health, safety, or welfare, and will enhance surrounding properties rather than
detract from them.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed building additions and improvements comply with all applicable
development standards for building setbacks and height restrictions, parking
requirements, and operational standards contained in the zoning code. The
proposed use does not require approval of any variances or adjustment.
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PLANNING COMMISSION RESOLUTION NO. 2649
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The City's General Plan includes a Commercial Core Area Specific Plan that
includes commercial properties along the Highway 111 corridor and other parts
of the City. The overarching goal of the Specific Plan is to "maximize project
area's potential for high quality economic development compatible with Palm
Desert's overall community goals and self image." The improvements proposed
to the site comply with the Commercial Core Specific Plan as they make a
substantial investment into an older property along the Highway 111 frontage and
enhance the overall property image and visibility. The building facade and mid-
century architectural style remain intact and the new improvements are
attractively done with high quality materials and landscape design. The
improvements also provide more functionality to the site for restaurant patrons
and the community which could support use of the pavilion space.
The General Plan's Community Design Element also contains goals, policies,
and criteria related to project design and compatibility with surrounding areas.
Criteria for project compatibility include: site analysis, building heights and
setbacks, building massing, roof types and materials, architectural details, and
landscape design. The infill of an underutilized and distressed parking lot is
beneficial for the overall appearance and site functionality of this property and is
compatible with surrounding properties that have more of a building presence
along Palm Desert Drive. The current condition of the parking lot, and the
building's setback from Palm Desert Drive, currently detract from the visibility and
prominence along the Highway 111 corridor. The improvements will bring the
existing building and restaurant in line with other developed properties along
Palm Desert Drive and provide the same level of visibility as surrounding
properties. The proposed use of materials and maintaining the existing mid-
century appearance of the site ensure that the property remains compatible with
surrounding uses and architectural styles prevalent in the City. In addition, the
landscape design for the site is appropriate for the space and helps to soften any
building impact from surrounding streets and uses.
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 the Planning Commission does hereby approve Conditional Use Permit
14-241, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2649
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 19th day of May 2015, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
EN ST: NDELL, C AIRPERSON
LAURI AYLAIAN, SECRETARY --
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2649
CONDITIONS OF APPROVAL
CASE NO. CUP 14-241
Department of Community Development:
1. The improvements to the property shall substantially conform to the exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Any proposed changes to this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
3. Construction of said project shall commence within two 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.
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
• City Fire Marshall
• 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.
5. The applicant may utilize the outdoor pavilion space for special events during all
weekend business hours. Use of the outdoor pavilion may be used for special
events after 4:00 p.m. during weekdays.
6. Live outdoor music, including amplified music, is permitted in accordance with the
City's Noise Ordinance. The applicant shall apply for an Entertainment Permit, in
accordance with P.D.M.C. Section 5.100 "Entertainment Permits" if amplified music
at the site is used beyond 10:00 p.m. any day of the week.
7. The applicant shall submit a detailed photometric plan for all building mounted
lighting and all lighting associated with the outdoor pavilion. Approval of the plan is
subject to standards contained in P.D.M.0 Chapter 24.16. The plan shall be
prepared by a qualified lighting engineer.
8. Should any plant material be damaged due to outdoor activity and use of the pavilion
space, that plant material shall be replaced in -kind immediately.
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PLANNING COMMISSION RESOLUTION NO. 2649
9. The project is subject to all applicable fees at time of issuance of permits, including,
but not limited to, Art in Public Places, TUMF, and low-income housing mitigation
fee.
Department of Public Works:
10.Submit a grading plan to the Department of Public Works for review and approval.
Any changes to the approved civil or landscape plans must be reviewed for approval
prior to work commencing.
11. Submit a parcel map waiver for lot line adjustment for review and approval to create
a single parcel prior to grading permit issuance.
12. Dedicate 20' of right-of-way on Palm Desert Drive.
13. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP
shall identify the Best Management Practices (BMPs) that will be used on the site to
control predictable pollutant runoff. Prior to the issuance of grading permit, the
Operation and Maintenance Section of the approved final WQMP shall be recorded
with the County's Recorder Office and a conformed copy shall be provided to the
Public Works Department.
14. The grading plan shall identify all proposed and existing utilities.
15. Submit a PM10 application for approval. The applicant shall comply with all provisions
of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
16. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
17. Construct an ADA compliant sidewalk on Palm Desert Drive per the approved
preliminary grading plan.
18. The applicant shall submit a landscape plan concurrently with the precise grading plan
for review and approval. Applicants are advised to use the City of Palm Desert Design
Guide when designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
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PLANNING COMMISSION RESOLUTION NO. 2649
Department of Building and Safety:
19. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2013 California Plumbing Code and its appendices and standards.
c. 2013 California Mechanical Code and its appendices and standards.
d. 2013 California Electrical Code.
e. 2010 California Energy Code. (Until July 1, 2014)
f. 2013 California Green Building Standards Code.
g. Title 24, California Code of Regulations.
h. 2013 California Fire Code and its appendices and standards.
20.An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1265.
21.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 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
22.AII exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
23. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11B-705.1.2.2. 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.
24. 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.
25. Provide accessible path of travel to the proposed elevated stage. CBC Sections
11 B-206.2.5 and 11 B-206.2.6
26.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
27.AII contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
Fire Department:
28. FIRE DEPARTMENT PLAN REVIEW - Final fire and life safety conditions will be
addressed when building plans are reviewed by the Fire Prevention Bureau. These
conditions will be based on occupancy, use, the California Building Code (CBC),
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PLANNING COMMISSION RESOLUTION NO. 2649
California Fire Code (CFC), and related codes which are in force at the time of
building plan submittal.
29.ADDRESSING — New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Commercial buildings shall have a
minimum of 12-inch numbers with suite numbers being a minimum of six inches in
size. All suites shall have a minimum of six inch high letters and/or numbers on both
the front and rear doors.
30. DOORS and EXITS — All doors providing exit access from rooms or areas with
occupancy loads of 50 or greater shall open in the direction of travel (CFC Chapter
10).
31. KNOX - A Knox Box shall be provided. The Knox -Box shall be installed a minimum
of six (6) feet in height and be located to the right side of the fire riser sprinkler room
(CFC Chapter 5).
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