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HomeMy WebLinkAboutRes No 27661 1 1 PLANNING COMMISSION RESOLUTION NO. 2766 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL USE PERMIT TO CONSTRUCT A 13,325 SQUARE -FOOT BUILDING CONTAINING A BREWERY, RESTAURANT AND TAPROOM, AND A BEER GARDEN FOR LA QUINTA BREWING COMPANY AT 74-714 TECHNOLOGY DRIVE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: PP/CUP 19-0007 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November 2019, hold a duly noticed public hearing to consider the request by La Quinta Brewing Company for approval of the above -noted; and WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert, California, did on the 24th day of September 2019, held a meeting to consider the request by La Quinta Brewing Company, and recommended approval of the above -noted project request; and WHEREAS, the parcel is located in the Regional Planned Commercial (PC-3) 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 Regional Planned Commercial (PC-3) 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. Restaurants and bars are allowed within the Regional Planned Commercial (PC- 3) zoning designation. The PC-3 zone is intended to provide a unified area for commercial uses to offer a wide range of goods and services, including shopping, PLANNING COMMISSION RESOLUTION NO. 2766 entertainment, and recreational uses. The proposed use is compatible with adjacent land uses as it provides a unique service in close proximity to existing and future recreational, residential, and employment land uses. The proposed use complies with 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 and bar 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 development complies with each of the development standards of the Regional Planned Commercial Zone (PC-3), with the exception of landscape coverage and total parking for the proposed uses. The Precise Plan and Conditional Use Permit process allows for modification of the development standards and reductions in parking, provided the adjustments do not cause adverse impacts. The project has designed the project to concentrate landscaping in street -facing areas and comply with parking shade requirements; the landscape coverage reduction will have no adverse impacts. The project is deficient by one parking space, but will not result in adverse impacts due to the operational nature of the proposed use at peak parking times of the beverage production component are earlier in the day than the restaurant/taproom area. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The project implements the goals of the Land Use element of the General Plan. The project design implements Land Use Element policies promoting to improved streetscapes which minimize parking visibility (Policy 3.2.2), enhancing pedestrian activity in design (Policy 3.2.9), providing a unique destination use in close proximity to employment, residential and resort uses (Policy 3.4.3), and further diversifying the City's tax base (Policy 3.9.3). 2 PLANNING COMMISSION RESOLUTION NO. 2766 1 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 / Conditional Use Permit 19-0007, 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 5th day of November 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION N GREGORY, CH 3 PLANNING COMMISSION RESOLUTION NO. 2766 CONDITIONS OF APPROVAL CASE NO. PP/CUP 19-0007 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 PLANNING COMMISSION RESOLUTION NO. 2766 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. 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. 14. All business operations shall comply with the City of Palm Desert's Outdoor Lighting and Noise Ordinances. 15. The applicant shall apply for an entertainment site plan prior to utilizing any live entertainment at the facility. 16. The applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 17. 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. Department of Public Works: 18. 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. 19. 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. 5 PLANNING COMMISSION RESOLUTION NO. 2766 20. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 21. 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. 22. 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. 23. 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. 24. 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 construction of two commercial driveways on Technology Drive. B. The construction of a 6', curb adjacent, ADA compliant sidewalk on Technology Drive. 25. The applicant shall provide easements for pedestrian access at driveways as necessary. 26. The applicant shall record a partial quitclaim of the 15' drainage easement. 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. 6 PLANNING COMMISSION RESOLUTION NO. 2766 1 1 1 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 & 11 B- 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 Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 36. Please contact the Department of Building and Safety at (760) 776-6420 regarding the addressing of all buildings and/or suites. Fire Department: 37. 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 proportional mitigation to these impacts via capital improvements and/or impact fees. 38. 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. 7 PLANNING COMMISSION RESOLUTION NO. 2766 39. 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