HomeMy WebLinkAboutRes No 27631
1
1
PLANNING COMMISSION RESOLUTION NO. 2763
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO CONSTRUCT A PAD FOR A FUTURE
4,000-SQUARE-FOOT BUILDING AND ESTABLISH UP TO 11,525
SQUARE FEET OF RESTAURANT SPACE IN AN EXISTING RETAIL
SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF
LARKSPUR LANE AND HIGHWAY 111; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: PP 19-0003/CUP 18-0007
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of October 2019, hold a duly noticed public hearing to consider the request by
Graziadio Family Development for approval of the above -noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 27th day of August 2019, held a meeting to consider the request by
Graziadio Family Development, and recommended approval of the above -noted project
request, subject to minor architectural changes; and
WHEREAS, the parcel is located in the Downtown Core Overlay (DO) zoning district,
which allows "restaurants" as permitted uses, subject to the 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 Downtown Core
Overlay (DO) zoning district; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the CEQA" Resolution No. 2019-41, in that the
Director of Community Development has determined that the project will not have a significant
impact on the environment and that the project is categorically exempt under Article 19,
Section 15332 — In -fill Development Projects (Class 32) of the CEQA Guidelines; 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. 2763
Restaurants are allowed within the Downtown Core Overlay 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. 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 Downtown Core Overlay zone.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's general plan.
The project implements goals of the Land Use & Community Character and the
City Center Area Plan elements of the General Plan. The project design
implements Land Use Element policies promoting to improved streetscapes
(Policy 3.2.5), enhancing pedestrian activity (Policy 3.2.9), pedestrian -oriented
design in commercial development (Policy 3.4.5), and vibrancy within the
downtown area (Policy 3.5.1) through the addition of new landscaping, pedestrian
sidewalk connections, street -oriented buildings, and additional restaurant uses.
The Project implements policies of the City Center element, including business
diversity (Policy 10.1.5), infill development (Policy 10.1.6), and the move away
from auto -oriented uses in favor of pedestrian -oriented uses (Policies 10.3.1 and
10.3.4) as it replaces an existing gas station with a new restaurant.
2
1
1
1
PLANNING COMMISSION RESOLUTION NO. 2763
1
1
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 19-0003 and
Conditional Use Permit 18-0007, 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 15th day of October 2019, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
trE)
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
3
w l�lti, ✓i-vv')
RO7GREGORY, CHt1n
PLANNING COMMISSION RESOLUTION NO. 2763
CONDITIONS OF APPROVAL
CASE NO. PP 19-0003 / CUP 18-0007
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 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.
4
1
1
1
PLANNING COMMISSION RESOLUTION NO. 2763
1
1
1
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 project shall be limited to a maximum of 11,525 square feet of restaurant area.
16. Final architecture and landscaping for the 4,000-square-foot building shall be subject to
approval by the City of Palm Desert Architecture Review Commission. The building
design shall incorporate all applicable requirements of the One Eleven Development
Code. The future building shall have primary entrances and frontages oriented towards
the adjacent public right-of-way and provide direct connections from the public sidewalk.
17. All business operations shall comply with the City of Palm Desert's Outdoor Lighting and
Noise Ordinances.
18. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
5
PLANNING COMMISSION RESOLUTION NO. 2763
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 grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil 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 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 submit a final Water Quality Management Plan (WQMP) for review
and 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.
25. 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.
26. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOI has been filed.
27. 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 plans shall be submitted for review and approval prior to
construction. Improvements shall include; but are not limited to:
A. The removal of the parkway drain on Larkspur Lane and replacement of sidewalk
and curb.
6
1
1
1
PLANNING COMMISSION RESOLUTION NO. 2763
1
1
1
B. The removal of the parkway drain and railing on Highway 111 and the installation
of a full capture trash device in the catch basin. In place of the parkway drain the
applicant shall install dg and engineer a design to eliminate flow from the
commercial site to the catch basin.
C. The removal of the parkway drain on the corner of Highway 111 and Larkspur
Lane. In place of the parkway drain the applicant shall install improvements
acceptable to the City such as the modification of the curb ramp and the installation
of new curb and gutter.
28. The applicant shall dedicate a parking easement and record an indemnity agreement for
the parking spaces in the public right of way on Highway 111.
Department of Building and Safety:
29. 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.
30. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance No. 1310.
31. 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.
32. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
33. 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.
34. 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.
35. 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.
7
PLANNING COMMISSION RESOLUTION NO. 2763
36. 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.
37. 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 Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
38. Please contact the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
39. 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.
40. Fire Department's 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.
41. 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
8
1
1
1