HomeMy WebLinkAboutRes No 27431
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PLANNING COMMISSION RESOLUTION NO. 2743
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO
DEMOLISH AN EXISTING VACANT RESTAURANT AND CONSTRUCT A
4,375-SQUARE-FOOT BANK BUILDING WITH A REMOTE DRIVE -THROUGH
ATM AT 72-950 HIGHWAY 111; AND ADOPTING A NOTICE OF EXEMPTION
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
CASE NO: PP 18-0008
WHEREAS, the Planning Commission of the City of Paim Desert, California, did
on the 20th day of November 2018, hold a duly noticed public hearing to consider the
request by 111 Monterey Palm, LLC for approval of the above -noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 13th day of November 2018, hold a public hearing to consider the
request by 111 Monterey Paim, LLC, and recommended approval of the above -noted
project request, subject to minor architectural changes; and
WHEREAS, the parcel is located in the Regional Commercial Center (PC-3)
zoning district which allows "Financial Institutions"as a permitted use; and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the Regional
Commercial Center (PC-3) zoning district; 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. 2015-75, 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 the 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 FOR APPROVAL:
1. The proposed project conforms to the Regional Retail District designation of
the General Plan, which allows for a variety of large -format and services such
as financial institutions.
2. The project complies with all development standards including setbacks,
building height, parking, and lot coverage and land use compatibility.
PLANNING COMMISSION RESOLUTION NO. 2743
3. The drive -through ATM is a clear secondary and incidental use and is similar
to existing drive -through lanes for ATMs at other banks in the project vicinity.
4. The proposed building as designed is compatible with the businesses located
within the vicinity of Highway 111 and offers an upscale architectural design
that reflects the character of the City.
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 Precise Plan PP 18-0008,
subject to conditions attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 20th day of November 2018,
by the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE r,
EPH PRADETTO, CHAIRMAN
ATTEST:
ERIC CEJA, SEER 'TARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2743
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CONDITIONS OF APPROVAL
CASE NO. PP 18-0008
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the
approved plans on file with the Department of Community Development, except as
modified by conditions herein.
2. All construction documentation shall be coordinated for consistency, including, but
not limited to, architectural, structural, mechanical, electrical, plumbing, landscape
and irrigation, grading, and street improvement plans. All such plans shall be
consistent with the approved entitlement plans on file with the Department of
Community Development.
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. Any proposed modifications to this Precise Plan shall require an amendment to the
application, which will result in a new public hearing.
5. 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
6. The applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set
aside, void, or annul, any approval of the City of Palm Desert, whether by its City
Council, Planning Commission, or other authorized board or officer of the City.
7. This project is subject to payment of the City's Public Art fee. The fee will be applied
at the time of a building permit issuance and shall remain in the City's public art fund.
8. Final landscape and irrigation documents shall be prepared by a Landscape
Architect registered with the State of California and shall be submitted to the City's
Department of Community Development and the Coachella Valley Water District for
review and approval. All sheets shall be wet signed by the Landscape Architect, and
shall include the license number and the expiration date. The landscape plan shall
conform to the preliminary landscape plans prepared as part of this application, and
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PLANNING COMMISSION RESOLUTION NO. 2743
shall include dense plantings of landscape material. All plants shall be a minimum of
five gallons in size and all trees shall be a minimum 24-inch box in size.
9. All project irrigation systems shall function properly and landscaping shall be
maintained in a healthy and thriving condition. The maintenance of landscaping and
the irrigation system shall be permanently provided for all areas of the project site,
as well as walkways and the portion of public right-of-way abutting the project site
(parkways and medians). Furthermore, the plans shall identify responsibility for the
continued maintenance (such as homeowners' association, landscape maintenance
district, property owner, etc.).
10. All exterior roof -top mechanical, heating and air conditioning equipment, and all
appurtenances thereto, shall be completely screened from public view by parapet
walls or roof screens that are architecturally treated so as to be consistent with the
building. The final construction plans shall include appropriate drawings
demonstrating how such equipment is to be screened from view.
11. All ground mounted utility structures including, but not limited to, transformers,
HVAC equipment, and backflow prevention valves shall be located out of view from
any public street or adequately screened through the use of landscaping and/or
masonry walls.
12. Site lighting shall be reviewed and approved by the Department of Community
Development and shall conform to the City's Outdoor Lighting Ordinance.
13. The applicant shall submit a master sign program application to the City's
Department of Community Development for approval prior to permit issuance of any
building mounted or monument signs associated with the project.
14. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by State and ADA requirements, all
markings shall be a minimum four -inch wide double ("hairpin" style) stripe designed
to provide 18 inches measured outside to outside in accordance with City Council
Resolution No. 01-5.
15. The applicant or any successor in interest shall comply with all applicable local, state
and federal laws and regulations.
16. The applicant shall abide all comments and conditions specified in the Architecture
Review Commission (ARC) notice of action letter dated November 15, 2018.
17. The project shall not impede or restrict access to adjacent properties.
18. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on
site during project construction.
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PLANNING COMMISSION RESOLUTION NO. 2743
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Department of Public Works:
19. The applicant shall submit a final 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.
20. 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.
21. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
22. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55.
23. 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 a
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.
24. Pad elevations, as shown on the grading plan, are subject to review and modification
in accordance with Chapter 27 of the Palm Desert Municipal Code.
25. Right-of-way and/or easements, as may be necessary for the construction of
required public improvements, shall be provided prior to the issuance of a permit.
26. The Applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvements shall include, but are not limited to:
A. The installation of a deceleration lane on Highway 111.
B. The modification of an existing driveway and sidewalk on Monterey Avenue to
meet accessibility requirements.
C. The installation of ADA compliant curb ramps at the entrances on Highway 111.
D. The installation of an ADA compliant pathway at the entrance on Monterey
Avenue.
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PLANNING COMMISSION RESOLUTION NO. 2743
Department of Building and Safety:
27. This Project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
28. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance No. 1310.
29. 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 2016 CBC Chapters 11A & B (as applicable) and Chapter 10.
30. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
31. 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.
32. 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.
33. 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.
34. 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.
35. Address numerals shall comply with Palm Desert Ordinance No. 1310 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1310 regarding street address
location, dimension, a stroke of line, distance from the street, height from grade,
height from the 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 No. 1310 or
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PLANNING COMMISSION RESOLUTION NO. 2743
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Municipal Code Section 15.28 from the Department of Building and Safety counter
staff.
36. Access to required toilet facilities for customers shall not pass through areas
designated as for employee use only, such as kitchens, food preparation areas,
closets, storage rooms or similar spaces. CPC Section 422.4.1.
37. Provide analysis to show compliance with minimum plumbing facilities for the
proposed project. CPC Section 422.0 and Tables 422-1 and Table A (Occupancy
and occupant load is determined using the CPC Table A). If you process with
separate facilities they must both be designated as "Gender Neutral." Assembly Bill
1732 became effective March 1, 2017, which requires businesses to provide one
"single -user toilet facility" which means a toilet facility with no more than one water
closet and one urinal with a locking mechanism controlled by the user to be
designated as an all gender toilet facility. Such facility shall be provided with
appropriate signage indicating "All Gender." If you have or are providing separate
facilities as a part of your project, then both must be designated as "All Gender." If
your project is only providing one restroom facility then that facility must have the
appropriate signage stating "All Gender." Health and Safety Code §118600.
38. If based on total occupant load it is determined that one "Gender Neutral" facility is
permitted then it will need to contain a urinal. If you choose to have two facilities that
at least one of the two must contain a urinal.
39. Please the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
40. The project may have a cumulative adverse impact on the Fire Department's ability
to provide an acceptable level of service. These impacts include an increased
number of emergency and public service calls due to the increased presence of
structures, traffic, and population. The project proponents/developers will be
expected to provide for a proportional mitigation to these impacts via capital
improvements and/or impact fees.
41. Fire Department emergency vehicle apparatus access road locations and design
shall be in accordance with the California Fire Code, City of Palm Desert Municipal
Code, and Riverside County Fire Department Standards. Plans must be submitted
to the Fire Department for review and approval prior to building permit issuance.
42. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review
and approval prior to building permit issuance.