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Home My WebLink AboutCC RES 87-115RESOLUTION N0. 87-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A MINI MARKET AND GAS STATION TO BE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND PORTOLA AVENUE. CASE N0: CUP 87-l0 WHEREAS, the City Council of the City of Palm Desert, California, did on the lOth day of December, 1987, hold duly noticed public hearing to consider the request of ATLANTIC R[CHF[ELO COMPANY for approval of a negative declaration of enviranmental impact and conditional use permit to allow construction of a mini market and gas station at the northwest corner of Portola Avenue and Highway lll. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmerital Quality Act, Resolution No. 80-89", in that the director of cortmunity develop- ment has determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments. if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exit to justify their actions: 1. The proposed use and location is consistent with the goais of the general commercial zone, general plan and the Cortmercial Core Specific Plan. 2. The proposed use and location will not be detrimental to the public health, safety and welfare nor will it be materially injurious to properties or improvements in the vicinity. 3. The proposed project will replar_e an existing substandard facility across the street. The new site is better suited for the proposed gas station use and will allow the redevelopment of the existing site for more appropriate retail/office use. NOW, THEREFORE, BE IT RESULVED by the City Council of the City of Paim Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. RESCINDED 1� L�Y ftESOLUTION �_� �__.'`.� _ D," l F D: ..' ;�. �. ��. � -j---�--�---•---- RESOLU7ION N0. 87-115 2. That a negative declaration of environmentai impact Exhibit "A" is hereby approved. 3. That approval of Conditional Use Permit 87-t0 is hereby granted subject to the attached conditions. PASSED, APPROVED and AQOPTED at a regular meeting of the Palm Desert City Council, held on this lOth day of December, 1987 by the following vote, to wit: AYES: CRITES, SNYDER, AND WIL50N NOES: KELLY AND BENSON ABSENT: NONE ABSTAIN: NONE , , � �-Y �//i \: t� ! �" `� ! iK ?✓��• . . J£14N M. BENSON, Mayor ,; ATTEST: - � ' , � � � � t � `lti./�. SHEILA R 1LLIGAN, Ci Clerk City of Pa m Desert, California ��' /dlg 2 RESOLUTION N0. 87-I15 CONDITIONS OF APPROVAI GSE N0: CUP 87-10 Deaartme�t of CamKmity Developrnent: 1. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the, procedural requirements of the city which include, but are not limited to, architectural review and building permits. 2. The development of the property shall conform with all approved exhibits on file with the department of cortxnunity development, to all municipal, 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 appiicant shall first obtain permits and/or clearance from the foliowing agencies: Riverside County Health Department Palm Desert Water and Services District City Fire Marshal Coachelia Valley Water District South Coast Air Quality Management Dlstrict 4. Location and design of trash enclosures shall be coordinated with Palm Desert Disposal Company. 5. Prior to the issuance of the occupancy permit for the project, ARCO shall abandon the existing station at the southwest corner of Highway I11 and Portola, demolish all structures removing tanks. 6. Hours of operation shall be limited �between 6 a.m. and 12 a.m, Oepartment of Public works: l. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to grading permit issuance. 2. Drainage facilities shali be provided, per Ordinance No. 2l8 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements. including traffic safety lighti�g, as requi�ed 3 RESOLUTION N0. 87-115 by ordinance and the director of public works, shall be installed in accorda�ce with city standards. 5. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval before construction of any improvements is commenced. The - engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee shall be paid prior to grading permit issuance. 7. Landscaping maintenance on Portola Avenue, Alessandro Drive and Highway 111 shall be provided by the property owner. 8. Existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible applicant shall agree to participate in any future utility undergrounding district. �' 9. Traffic safety striping on Alessandro Drive, Portola Avenue and Highway 111 shail be provided to the specifications of the director of publtc works. A traffic control pian must be submitted to and approved by the � director of public works before placing pavement markings. 10. Complete grading pians and specifications shail be submitted, as required by ordinance, to the director of public works for checking and approval prior to issuance of any permits. ll. Oedication of 50 feet of right-of-way on Portola Avenue shail be done prior to issuance of any permits and approval of plans. 12. Instaliation of curb and gutter, matching paving and sidewalk on Alessandro Drive, Portola Avenue and Highway 111. 13. Close unused driveway with full height curb and gutter. 14. Off-site improvement plans to be approved by public works department and a surety posted to guarantee the required off-site improvements prior to grading permit issuance. l5. Traffic analysis to be prepared for the project to address the specific impacts on existing networks (street and intersections) and the proposed mitigation measures recommended for approval by the city. 16. SiZe. number and location of driveways to public works specifications with only two drivewaY approaches to be allowed to serve this property. 17. Grading permit issuance shall be sub�ect to the waiver of parcel map first being approved and recorded. 4 � RESOlUTION N0. 87-115 t8. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the department of public works. l9. A complete preliminary soils investigation. conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to issuance of the grading permit. 20. All improvements with the state right-of-way shall be in accordance with Caltrans standards and be constructed under appropriate state permits. 21. Direct access to Portola Avenue is discouraged. If ultimately permitted. positive control (ie: raised curb channel, raised median island) shall be constructed as necessary to minimize traffic conflict. 22. The proposed frontage road/Highway lll entry shall be designed in such a manner so that vehicle conflicts are minimized. Any design shall be subject to the review and approval of both the director of public works and Caltrans. �� 23. The project shall be approved, engineered pians submitted and approved, and all necessary, required permits issued prlor to any street vacation proceedings. 24. Portoia Avenue wiil be constructed to a width of 42 feet from center line to curb face. 25. The speclfic design for the bus turnout shall be subject to review and approval by Sunline Transit Agency, Caltrans, and the City of Palm Desert. Citv Fire Marshal: 1. [nstall a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a 3 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 200 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. b. curbs shall be painted red l5 feet in either direction from each hydrant. c. hydrants shall not be located closer than 25 feet to any building. 5 R£SOLUTION N0. 87-115 3. Prior to issuance of a building permit, the developer shall furnish the o�iginal and three copies of the wate� system plan to the fire marshai for review. Upon approval, one copy wiil be sent to the building department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civii engineer and approved by the water company aith the following certification: "I certify that the design of the water system in CUP 87-l0 is in accordance with the requirements prescribed by the fire marshal". 5. Prior to delivery of combustible materiais to the building site, the required water system shall be installed. operating and delivering the required flow. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Citv Council Conditions: 1. Area on the north side of the project adjacent to Alessandro to be deepened to increase privacy of nearby residences and make the project less intrusive. Mature landscape material to be used. Lighting plan shall be submitted to assure that adjacent properties are not impacted by light spiliover. The intent of this condition is to assure that the � residential properties to the north are not impacted by the proposed development. 2. A cooperative arrangement between Suniine Transit, the City, and Arco shall be executed relative to the location of a sheltered bus stop and waiting area adjacent to Highway lll. 3. A water f eature to be approved by the Civic Arts Cortmittee shall be constructed on the corner prior to the issuance of Certificate of Occupancy. 4. A divider to be installed on Portola Avenue between Aiessandro and Highway 111 to prevent left turns into and from the project. 5. Developer will agree to provide security for the project if it is determined to be necessary in the future due to compiaints. 6. The project shall not proceed until approved by the Department of Public Works as to amount of needed rights-of-way and setbacks determined to be necessary and sufficient for the ultimate widening of Portola from Alessandro to Highway 111. /dlg C�