HomeMy WebLinkAboutRes No 27441
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PLANNING COMMISSION RESOLUTION NO. 2744
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING VACANT
RESTAURANT AND CONSTRUCT A 12,375-SQUARE-FOOT
SHOPPING CENTER WITH UP TO 8,800 SQUARE FEET OF
RESTAURANT SPACE LOCATED AT THE SOUTHWEST CORNER OF
WASHINGTON STREET AND AVENUE OF THE STATES; AND
ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: PP/CUP 16-303
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of November 2018, hold a duly noticed public hearing to consider the
request by Lumar Devco, LLC for approval of the above -noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm
Desert, California, did on the 23rd day of October 2018, hold a public hearing to consider
the request by Lumar Devco, LLC, and recommended approval of the above -noted
project request, subject to minor architectural changes; and
WHEREAS, the parcel is located in the District Commercial Center (PC-2) zoning
district which allows "restaurants" as permitted uses, subject to approval of a Conditional
Use Permit (CUP); and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the District
Commercial Center (PC-2) 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 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 the
site is located.
PLANNING COMMISSION RESOLUTION NO. 2744
Restaurants are allowed within the District Commercial Center zoning
designation. The proposed use complies with all applicable provisions of the
zoning code in regards to parking, traffic, and land use compatibility with the
existing businesses. The type of business conducted at the proposed site is
compatible with the surrounding land uses.
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.
Based on the facility's operational characteristics and recommended conditions
of approval, the proposed restaurant would not create a public nuisance in
terms of parking shortages or noise and will meet all applicable requirements
of the building code. The project is located within the Bermuda Dunes Airport
Influence Area and has been conditioned to obtain clearance from the
Riverside County Airport Land Use Commission. Therefore, the use will not be
detrimental to general public health, safety or welfare, or be materially injurious
to properties or improvements in the vicinity.
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 restaurant uses complies with all provisions of PDMC Section
25.72.050 "Conditional Use Permit." The project site has been reviewed and
complies with all applicable development standards. The project complies with
development standards for the District Commercial Center (PC-2) zone with
the exception of the interior yard setback adjacent to the neighboring
apartments. The Precise Plan process allows for modification of the
development standards. Per code requirements, the building must be set back
a distance equal to its height when abutting any residentially zoned property.
The building will not front upon the neighboring residences and with proposed
architectural treatments and edge treatments, the reduced setback will have a
minimal impact.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The project implements policies 3.2.9 of the General Plan by proposing street -
facing buildings in close proximity to the sidewalk. The project also complies
with policy 3.4.5 of the General Plan by providing multiple points of pedestrian
access to the site from the public sidewalk. The architectural quality of the new
building set the tone for the types of massing and quality expected for new
development. In addition, the retail will provide a complementary mix of uses
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PLANNING COMMISSION RESOLUTION NO. 2744
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that meet the needs of local residents while eliminating visual impacts of the
existing vacant building.
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 and
Conditional Use Permit 16-303, subject to the conditions of approval (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
ATTEST:
ERIC CEJA, S CR TARY
PALM DESERT PLANNING COMMISSION
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JOSEPH PRADETTO, CHAIRMAN
PLANNING COMMISSION RESOLUTION NO. 2744
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 16-303
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
Riverside County Airport Land Use Commission
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
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PLANNING COMMISSION RESOLUTION NO. 2744
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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
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 a homeowners' association, landscape
maintenance district, property owner, etc.).
10. All exterior rooftop 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 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 01-5.
15. The existing structure at the project site shall be demolished within 60 days of final
approval of this entitlement. Prior to demolition, the applicant shall coordinate with
the Riverside County Sherriff and Fire Department for use of the structure.
16. The project shall be limited to a maximum of 8,800 square feet of restaurant area.
17. All business operations shall comply with the City of Palm Desert's outdoor lighting
and noise ordinances.
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PLANNING COMMISSION RESOLUTION NO. 2744
18. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
19. 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.
20. All restaurants within the project shall implement odor mitigation measures deemed
sufficient by the Director of Community Development, Should odor issues arise, the
Department of Community Development may require the implementation of
additional odor control measures.
Department of Public Works:
21. 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.
22. The applicant shall submit a PM10 application for approval. The Applicant shall
comply with all provisions of Palm Desert Municipal Code (PDMC) Section 24.12
regarding Fugitive Dust Control.
23. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
24. 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 PDMC and Palm Desert Ordinance No. 653.
25. 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.
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 modification of the existing median at Avenue of the States. The applicant
shall submit a street improvement plan for review and approval prior to
construction of the median.
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PLANNING COMMISSION RESOLUTION NO. 2744
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B. The removal and replacement of the curb, gutter, and 6-foot sidewalk on Avenue
of the States and an 8-foot sidewalk on Washington Street as needed and as
shown on the approved plan.
27. The proposed underground retention basin shall be located so that it will not interfere
with existing easements or existing onsite utilities.
Department of Building and Safety:
28. 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.
29. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1310.
30. 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.
31. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
32. Detectable warnings shall be provided where required per CBC 11 B-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.
33. 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.
34. 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.
35. 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.
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PLANNING COMMISSION RESOLUTION NO. 2744
36. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 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 1310 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
37. Please the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
38. 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.
39. 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.
40. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, PDMC, and Riverside County Fire Department Standards.
Plans must be submitted to the Fire Department for review and approval prior to
building permit issuance.
END OF CONDITIONS
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