HomeMy WebLinkAboutRes No 2670PLANNING COMMISSION RESOLUTION NO. 2670
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND APPROVING THE DEMOLITION OF AN EXISTING BUILDING
AND CONSTRUCT A NEW 10,852-SQUARE-FOOT TWO-STORY
RESTAURANT BUILDING WITH A ROOFTOP LOUNGE LOCATED AT 73-
330 EL PASEO
CASE NO: PP 16-124
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21st day of June, 2016, hold a duly noticed public hearing to consider the request by Kristi
Hanson Architects for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, in the Director of Community Development has determined that
the proposed project is an Article 19 Class 15: Minor Land Divisions (15315) Categorical
Exemption for purposes of CEQA and no further 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, said Planning Commission
did find the following facts and reasons, which are outlined in the staff report reasons to
approve the said request:
1. The use of a restaurant is a permitted use outright and does not require any
discretionary approvals.
2. The project complies with all development standards including setbacks, building
height, parking, lot coverage, and land use compatibility.
3. The high quality architectural design, with the upscale amenities including the
rooftop lounge, blends with the vision of the El Paseo Overlay District and is
compatible with other land uses along El Paseo.
4. El Paseo is designed as a pedestrian specialty retail, restaurant, and personal
services district. The success of El Paseo as a pedestrian commercial district is
dependent upon the creation of land uses and creative and imaginative building
designs to attract and sustain pedestrian interest. The proposed restaurant is
consistent with the proposed land use designations.
PLANNING COMMISSION RESOLUTION NO. 2670
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve PP 16-124, 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 21st day of June 2016, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, KELLY, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN'STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
JOHN GR ENWO, CHAI
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PLANNING COMMISSION RESOLUTION NO. 2670
CONDITIONS OF APPROVAL
CASE NO: PP 16-124
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. 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.
3. 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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
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. If the applicant decides to provide nightly entertainment, an Entertainment Site Plan
application must be submitted for approval.
DEPARTMENT OF PUBLIC WORKS:
6. The applicant shall 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.
7. The grading plan shall identify all proposed and existing utilities.
8. The applicant shall 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.
9. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2670
10. The applicant shall 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
County's Recorder Office and a conformed copy shall be provided to the Public Works
Department.
11. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
12. The applicant shall ensure that the sidewalk on El Paseo is ADA compliant and shall
make modifications as needed.
13. The applicant shall quitclaim utility easements that conflict with the building prior to
grading permit issuance.
DEPARTMENT OF BUILDING & SAFETY:
14. 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. 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.
15. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
16. 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.
17. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
18. Detectable warnings shall be provided where required per CBC 11 B-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.
19. 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.
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PLANNING COMMISSION RESOLUTION NO. 2670
20. 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.
21. 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.
22.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.
DEPARTMENT OF FIRE:
23. 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), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
24. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all residential buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI
residual operating pressure for a two-hour duration. The fire flow as given above has
taken into account all information as provided (CFC Appendix B and Palm Desert
Municipal Code).
25. Required Submittals (Fire Underground Water). The developer shall furnish three copies
of the water system plans to the Fire Prevention Bureau for approval prior to installation
for all private water systems pertaining to the fire service loop. Plans shall be signed by
a registered civil engineer, contain a Fire Prevention Bureau approval signature block,
and conform to hydrant type, location spacing and minimum fire flow standards.
Hydraulic calculations will be required with the underground submittal to ensure fire flow
requirements are being met for the on -site hydrants. The plans must be submitted and
approved prior to building permit being issued (CFC Chapter 5 and Chapter 33).
26. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to
the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted
by the installing contractor to the Fire Prevention Bureau. These plans must be
submitted prior to the issuance of building permit.
27. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the
installing contractor to the Fire Prevention Bureau. The fire alarm system is required to
have a dedicated circuit from the house panel. These plans must be submitted prior to
the issuance of building permit.
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PLANNING COMMISSION RESOLUTION NO. 2670
28. Required Submittals (Type I Hood Suppression System). Shall be submitted to the Fire
Prevention Bureau for review and approval.
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, multi -family residential and industrial 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. Single-family residences and multi -family residential units shall
have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC
Chapter 5).
30. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum
of six feet in height and be located to the right side of the fire riser sprinkler room (CFC
Chapter 5).
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