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HomeMy WebLinkAboutCC RES 95-113RESOLUTION NO. 95-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR THE REMODEL AND 6114 SQUARE FOOT ADDITION INCLUDING TWO RESIDENTIAL APARTMENTS TO AN EXISTING 8100 SQUARE FOOT BUILDING, SCULPTURE GARDEN FOR A 2760 SQUARE FOOT RESTAURANT WITH LIQUOR LICENSE AND 1380 SQUARE FOOT OUTDOOR PATIO ON 1.8 ACRES LOCATED ON THE SOUTH SIDE OF EL PASEO BETWEEN PORTOLA AVENUE AT PRICKLY PEAR LANE. CASE NOS. PP 95-7, CUP 95-11 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of December, 1995, hold a duly noticed public hearing to consider the request of DENISE ROBERGE for the above described project; and WHEREAS, the Planning Commission recommended approval of ZOA 95-2 and approved PP 95-7 and CUP 95-11 by adoption of its Resolution No. 1715; 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. 95-105," in that the director of community development has determined that the project will not have a significant adverse impact and a negative declaration of environmental impact has been prepared; and 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 exist to justify granting approval of said precise plan: PRECISE PLAN 1. The creation of a pedestrian friendly retail/restaurant use in place of the existing bank implements policies of the Commercial Core Area Specific Plan and General Plan. 2. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The precise plan will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 95-113 CONDITIONAL USE PERMIT 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 unusual supply of onstreet curb -side parking space and the unique land use proposed will result in adequate parking for the project now and into the future. 4. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. 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. 2. That a Negative Declaration of Environmental Impact, attached hereto as Exhibit "A", Precise Plan 95-7, and Conditional Use Permit 95-11 are hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of December , 1995, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 2 -cry SHEILA R. G- LLIGAN, GiJty Clerk City of Palm Desert/ alifornia 2 RESOLUTION NO. 95-113 CONDITIONS OF APPROVAL CASE NOS. PP 95-7, CUP 95-11 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year 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. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 RESOLUTION NO. 95-113 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 10. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 11. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 12. Applicant, with approval of the Department of Public Works, shall delineate the on -street curb side parking spaces shown on the plan. 13. Applicant shall provide 51 onsite parking spaces. Rear parking shall be redesigned to eliminate the dead-end parking and provide through circulation as approved by the architectural review commission. 14. If in the future parking demands of the project, as determined by the Planning Commission, consistently exceed the supply (both onsite and curb side) to the detriment of the surrounding area, then applicant shall be required to submit plans to the city for approval and construct additional on -site parking consistent with those demands or face revocation of this conditional use permit. 15. The following issues shall be subject to further planning commission review if, as a result of staff concern or public complaint, are identified as problems: merchandise deliveries, trash pickup (hours and general logistics), exterior lighting, restaurant odor control, hours of operation, and unforeseen noise impacts. 16. Residential units are subject to city council approval of ZOA 95- 2. If ZOA 95-2 is not approved, project can be developed without residential units. 4 RESOLUTION NO. 95-113 Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. 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. 4. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 5. Landscaping maintenance on all public street property frontages shall be the responsibility of the property owner. 6. 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 the issuance of the grading permit. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 8. In accordance with Palm Desert Municipal Code Chapter 27,complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 9. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to removal of existing driveway depressions and reconstruction with full height curb and gutter, installation of concrete sidewalk in an appropriate size and configuration and installation of concrete drive approaches in accordance with appropriate city standards. 5 RESOLUTION NO. 95-113 "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. 10. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 11. Size, number and location of driveways shall be to the specifications of the Department of Public Works with five driveway approaches permitted to serve this property. Access from El Paseo and Portola shall be limited to right turn ingress only. Prickly Pear Lane and the easterly Larrea Street entry shall be limited to right turn egress only. Access controls shall be achieved through a combination of physical improvements and signage. 12. Grading permit issuance shall be subject to the waiver of parcel map for parcel consolidation first being approved and recorded. As part of the waiver of parcel map process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject properties. 13. Building pad elevations for the proposed project are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 14. Proposed perimeter wall configuration shall be no closer than eight feet (8') from the existing back of curb. Applicant shall secure the necessary encroachment permit including appropriate insurance coverage, as well as any other required permits, for those portions of the wall located within existing public rights - of -way. 15. On -site circulation shall be modified to eliminate dead end drive isle. Provisions for vehicle turn around area may satisfy this requirement. The westerly Larrea Street access shall provide for a minimum "throat" depth of twenty-four feet (24'). 16. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 6 RESOLUTION NO. 95-113 Riverside County Fire Marshal: 1. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 3. 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 150' from commercial structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a final inspection. 5. 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 engineer or may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. The system has been designed to provide a minimum flow of 3000 gallons per minute." 6. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 7 RESOLUTION NO. 95-113 7. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super 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 as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. 8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 9. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the fire marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: No Parking Fire Lane - PDMC 15.16.090. 10. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103(a)) 11. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 12. All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls 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 parking on one side. Dead- end roads in excess of 150' shall be provided with a minimum 45' radius 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. 13. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be 8 RESOLUTION NO. 95-113 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 Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to 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". 14. Contact the fire department for a final inspection prior to occupancy. 15. Commercial buildings shall have illuminated addresses of a size approved by the city. 16. 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 for submittal requirements. 17. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 18. Other: The 6114 sq. ft. addition will require that the total building be fire sprinklered. The restaurant itself is less than 3000 sq. ft. and will not have to be fire sprinklered, if however the patio covering has a solid roof it will be added to the square footage of the restaurant and both will have to be fire sprinklered. 9 RESOLUTION NO. 95-113 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: ZOA 95-2, PP 95-7, CUP 95-11 APPLICANT/PROJECT SPONSOR: Denise Roberge 73-520 El Paseo Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A precise plan of design for the remodel and 6114 square foot addition including two residential apartments to an existing 8100 square foot building, sculpture garden and conditional use permit for a 2760 square foot restaurant with liquor license and 1380 square foot outdoor patio on 1.8 acres located on the south side of El Paseo between Portola Avenue at Prickly Pear Lane. 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. PHILIP DRELL DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 10