HomeMy WebLinkAboutRes No 2662PLANNING COMMISSION RESOLUTION NO. 2662
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE
OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND APPROVAL OF A CONDITIONAL
USE PERMIT TO OPERATE A NEW 1,700-SQUARE-FOOT
RESTAURANT, ALPS VILLAGE, WITHIN THE SERVICE INDUSTRIAL
ZONE LOCATED AT 77-734 COUNTRY CLUB DRIVE, SUITE F
CASE NO: CUP 15-382
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of February, 2016, hold a duly noticed public hearing to consider the request by
Robert H. Ricciardi Architects, for approval of the above noted project request; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, the Director of Community Development has determined that the
proposed project request is categorically exempt under Article 19 Section 15332 In -Fill
Development Projects (Class 32) of the CEQA; therefore, no further environmental review is
necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
the approval of said request:
FINDINGS FOR 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 the site is located.
The site is located within the Service Industrial (S.I.) zoning district. The purpose of
the S.I. zoning district allows for the manufacture, distribution, and service of
products intended for use with the City and uses that are consistent with the
residential, resort, and recreational character of the community. This area was
previously built under the County of Riverside's jurisdiction and when the City
incorporated the area there were already commercial uses in operation. Over the
years, staff has allowed commercial uses with the intent of rezoning the properties,
as part of updating the City's General Plan. The proposal for a restaurant requires a
Conditional Use Permit (CUP) for land use compatibility and parking demand. It can
be determined that the approval of this CUP is consistent with the existing
surrounding land uses and with the on -site parking demand. The building also
conforms to all development standards contained in the zoning ordinance. The
proposed type of business conducted at this site will be compatible with the
surrounding businesses and residential homes.
PLANNING COMMISSION RESOLUTION NO. 2662
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 land uses
including commercial uses. The site, which was improved with buildings and a
parking lot, was originally unincorporated and developed under the County of
Riverside's jurisdiction and has operated with various restaurants and commercial
retail uses. The proposed interior improvements will comply with all building, life
safety and environmental standards during construction and continued operations,
including: storm water discharge, health licensing, and fire prevention strategies. All
building and site improvements will comply with the Americans with Disabilities Act
(ADA). Therefore, the conditional use, 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 conditional use complies with all applicable development standards
for building setbacks and height restrictions, and operational standards contained in
the zoning code. Based on the parking study, staff believes that there is adequate
parking available for the restaurant, and the use will not create a public nuisance.
The proposed use does not require approval of any variances or adjustment.
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 "Industrial -Business Park (I-
B.P.)." The Business Park provides for a flexible mix of office, service commercial,
light manufacturing uses ranging from professional and medical offices to limited
retail sales including restaurants. The proposed restaurant will be geared towards
the existing businesses and residential homes within the area. A primary objective
stated in the Land Use Element of the General Plan under Industrial Goals, Policies
and Programs is Goal 1, which provides for the development of business parks and
non-polluting industrial uses, and which assures compatible integration with other, non-
industrial land uses. Policy 68 of the General Plan Land Use Element is to review all
business park/industrial development proposals with a special regard for public health
and safety issues to ensure that the type and intensity of the use is appropriate for the
proposed location and comparative with surrounding land uses. The non -industrial use
of a restaurant is a non-polluting use and offers the other businesses and residential
homes another dining option, so they would not have to leave the area. The proposed
use will be using the same built improvements, rather than constructing new ones that
would be used a small percentage of time.
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 the proposed location. The business is compatible
with surrounding land uses.
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PLANNING COMMISSION RESOLUTION NO. 2662
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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 the project as proposed,
subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 16th day of February, 2016, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN SfiENDEIIL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2662
CONDITIONS OF APPROVAL
CASE NO: CUP 15-382
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.
2. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved project and all Palm
Desert Municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
3. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
4. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
5. Any proposed change of this Conditional Use Permit will require an amendment, which
will result in a new public hearing.
6. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals.
7. The hours of operation are from 6:00 a.m. to 2:00 a.m. Monday through Sunday.
8. The restaurant shall have no more than 24 outdoor patio seats.
9. The restaurant shall not have any amplified indoor or outdoor music.
BUILDING AND SAFETY DEPARTMENT:
10. 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.
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PLANNING COMMISSION RESOLUTION NO. 2662
E. 2013 California Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24 California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
11. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
12. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
13. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
14. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11 B-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.
15. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
16. Restaurant must be first approved by the Riverside County Department of
Environmental Health and then submitted to Department of Building and Safety.
17. 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.
18. All 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.
19. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
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