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HomeMy WebLinkAboutCC RES 94-120RESOLUTION NO. 94-120 A RESOLUTION OF THE CITY COUidCIL OF TH� CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A PLANNING COMMISSION DECISION AND APPROVING THE CONSTRUCTION AND OPERATION OF A 20 ACRE MULTI-USE, PAY FOR PLAY, RECREATION FACILITY LOCATED 800 FEET SOUTH OF FRANK SINATRA DRIVE ON PORTOLA AVENUE. CASE NO. CUP 93-3 SECTION 4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 17th day of November, 1993, hold a duly noticed public hearing and continued public hearings to consider an appeal of a Planning Commission decision approving the request of RICHARD AND RONALD ODEKIRK of a conditional use permit to construct and operate a 20 acre multi-use, pay for play, recreation facility on city-owned property, located on the east side of Portola Avenue, 800 feet south of Frank Sinatra Drive; 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. 80-89," in that the director of community development has determined that the project would not have a significant adverse environmental impact; and WHEREAS, at said public hearinq, upon hearinq and considering all testimony and arguments, if any, of all interested pe�ss��.s desiring t� be heard, said city council did find the folio��.nc� Yaczs and reasons to exist to justify the grantinq of said condition�l t�se pennit: 1. The proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. RESOLUTION NO. 94-120 2. That approval of Conditional Use Permit 93-3 Section 4 is ` hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 16th day of November, 1994, to be effective on the �th day of December, 1994, by the following vote, to wit : �� � AYES: SNYDER, WILSON, CRITES NOES: BENSON, KELLY ABSENT: NONE ABSTAIN: NONE �--_ ____ . _ - --� y � � ��, _ �� Z � � "----� S, Mayor e � SHEILA R. IGAN, Ci,�j� Clerk City of Pal Desert, ��lifornia 2 RESOLUTION NO. 94-12� CONDITIONS OF APPROVAL CASE NO. CUP 93-3, SECTION 4 D�artment of Community Development/Planninq: 1. Plans shall conform to plan dated September 17, 1993 on file in the Department of Community Development. 2. Outdoor lighting of sports activities shall be turned off at 11:00 p.m. 3. Project constrnction will comply with SCAQNID Rule 403 and Palm Desert requirements for dust control during grading and construction. 4. The net ambient light level impact to neighbors and streets surrounding the site after lighting is operational shall be what exists prior to installation of lights. 5. After installation the lightinq shall be monitored and adjusted to prevent spillover outside of the project area. 6. There shall be a comprehensive review of all lighting, whether existing or proposed, in project area and working guidelines formulated for retro-fitting, replacing, removing or otherwise correcting lighting which annoys the surrounding residents. 7. Develop a maintenance and review program for alI site lighting, with the review minimally beinq done semi-annually. 8. Any subsequent public review necessary as part of these conditions shall occur at a notified hearing before the planning commission. 9. Hours of operation Monday through Friday shall be from 5:00 p.m. to 11:00 p.m. with the site cleared of customers by 11:30 p.m. Saturday and Sunday the hours will be 8:00 a.m. to 11:00 p.m. with the site cleared of customers by 11:30 p.m. 10. There shall be no loudspeakers or public address system used at the facility that could be heard from properties adjacent to the site. 11. Special events shall require a special permit to be issued by the director of community development. A special event shall be defined as a single event intended to draw more than 200 persons. Such events shall be limited to Saturday and Sunday between the hours of 10:00 a.m. to 6:00 p.m. These special events shall be limited to charitable sports events. 3 , � RESOLUTION NO. 94-120 12. Additional parking with a shuttle system from Palm Desert High School shall be established for large special events unless other arrangements are approved by the city. 13. Alcoholic beverages shall be served and consumed in specific locations on the premises as approved by the Palm Desert Police Department. Alcoholic beverages shall be limited to beer and wine only. 14. No outside alcoholic beverages shall be permitted on the premises. 15. A parking lot monitoring program shall insure that condition no. 6 is enforced. Said program shall be reviewed and approved by the Palm Desert Police Department. 16. A total security program approved by the Palm Desert Police Department, and on file with the Community Development Department, shall be implemented by the operator. 17. When deemed necessary by the Palm Desert Police Department, operator shall hire off-duty police at their sole expense. 18. All special event permit applications shall be reviewed by the city public safety agencies. 19. A professional lighting engineer shall be engaged to prepare a report on the lighting in order to minimize the negative impact of � same on the surrounding properties. Said report/conditions shall ` be implemented prior to issuance of any building permits. 20. Light towers shall be shielded from view by tall trees and appropriate landscaping as approved by the architectural review commission. 21. Applicant shall make the facility available for an appropriate percentage of play time to the Palm Desert Youth Sports activities to be approved by the Palm Desert City Council prior to commencement of construction. 22. Applicant shall make the facility available for 15 days per year for staging area in a manner approved by the city for golf tournaments/special events. 23. Detailed elevation and site plans shall be reviewed by planning commission within 15 days of final architectural commission approval. 24. Lighting plan shall be reviewed by the planning commission. 4 RESOLUTION NO. 94-124 25. No more than eight feet of the exterior fence height shall be visible from Portola Avenue. 26. All structures on site shall comply with the height limit for the R-1-M zone. 27 . That the ou�field facades shall be as presented ( i. e. Fenway Park, Dodger Stadium and Yankee Stadium) unless otherwise approved by the Planning Commission. 28. No more than three video games shall be permitted on site in the restaurant. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to the issuance of any permits associated with this project. 2. Storm drain construction/retention area shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the department of public works prior to start of construction. The project shall provide for onsite retention of storm waters associated with the 100 year storm event. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to the issuance of any permits associated with this project. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 25.40 and 26.44, complete improvements plans and specifications shall be submitted to the director of public works for checking approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the public works department and a surety posted to guarantee the installation of required offsite improvements prior to the issuance of any permits associated with this project. Offsite improvements shall include, but not be limited to, curb and gutter, asphalt paving, installation of acceleration/deceleration lanes for the project entry and concrete sidewalk in an appropriate size and configuration. "As-built" plans shall be submitted to, and approved by, the director of public works prior to the acceptance of the improvements by the city. � RESOLUTION NO. 94-120 � 7. / Improvement plans for water and sewer systems sha11 be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to project final. All public improvements shall be inspected by the department of public works and a standard inspection fee shall be paid prior to issuance of grading permits. 8. Landscaping maintenance for all property frontages shall be provided by the project developers. 9. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 10. Traffic safety striping shall be installed to the specifications of the director of public works. A traffic control plan must be submitted to, and approved by, the director of public works prior to the placement of any pavement markings. 11. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the department of publ.ic works. 12. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by, the department of public worics prior to the issuance of a qrading ` permit. 13. All proposed pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 14. The proposed site access and circulation plan shall be approved by the director of public works prior to commencement of construction or issuance of grading permit. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commereial buildings per Uniform Fire Code Sec. 10.301C. C� RESOLUTION NO. 94-12U 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3. Provide, or show theXe exists a water system capable of providing a potential gallon per minute flow of 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. Will be reduced to 1500 gpm for fully sprinklered buildings. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) wiZl be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 6. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil enqineer and may be signed by the local water company with the followinq certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000." 7. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. 8. Comply with Title 24 of the California Code of Regulations, adopted January 1, 2990, for all occupancies. 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to 7 RESOLUTION NO. 94-120 J the front, not less than 25' from the building and within 50' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings. 10. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 11. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 12. Install portable fire extinguishers per NFPA, Pamphlet �10, but not less than 2AlOBC in ratinq. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 13. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to deep fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 14. AI1 buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior wa].ls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parkinq on one side. Dead- end roads in excess of 150' shall be provided with a minimum 45' r�dius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 15. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means provisions shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a radio-controlled over-ride system capable of opening the qate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities •�o operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the-fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 13' 6". 8 RESOLUTION NO. 94-120 16. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal. Under no circumstances shall a single dead end access over 1300 feet be accepted. 17. Contact the Fire Department for a final inspection prior to occupancy. 18. Commercial buildings shall have illuminated addresses of a size approved by the city. 19. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal's office submittal requirements. 20. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. OTHER: 1. Adjust turning radius at end of parking lot to reflect a 31' inside and 52' outside turning radius. � 2. Provide 20' all weather fire lane, with turnaround area, to . concession structure. 3. Flame treated canopy over basketball area. 9 RESOLUTION NO. 94-120 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 93-3 Section 4 APPLICANTS/PROJECT SPONSOR: Richard Odekirk Ronald Odekirk 43-670 Lisbon Way 75-746 Augusta Drive Palm Desert, CA 92260 Indian Wells, CA 92210 PROJECT DESCRIPTION/LOCATION: A 20 acre multi-use, pay for play, recreation facility to be located on approximately 20 acres of city owned property, located 800 feet south of Frank Sinatra Drive on Portola Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. December 8, 1994 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT � 10