HomeMy WebLinkAboutCC RES 97-030RESOLUTION NO. 97-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REQUEST BY MAINIERO,
SMITH AND ASSOClATES ON BEHALF OF DAVID FREEDMAN
& COMPANY FOR APPROVAL OF A PRECISE PLAN OF
DESIGN/CONDITIONAL USE PERMIT FOR 18.3 ACRES AT THE
NORTHEAST CORNER OF COOK STREET AND GERALD FORD
DRIVE FOR THE SITE KNOWN AS PLANNING AREA #1 IN THE
WONDER PALMS MASTER PLAN.
�ASE N0. PP/CUP 96-10
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th
day of April, 1997, hold a duly noticed public hearing to consider the request of MAINIERO,
SMITH AND ASSOCIATES FOR DAVID FREEDMAN & COMPANY for approval of a
conditional use permit/precise plan for the development of Planning Area #1 of the Wonder
Palms Master Plan; and
WHEREAS, the proposed uses in PA1 include a service station, a convenience store
with the sale of beer and wine, a restaurant park including drive-through facilities, a car
wash, RV storage and mini warehouse facility; and
WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay
Zone all of the above uses require approval of a conditional use permit and precise plan of
design; 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. 97-T 8," in that the Director of Community Development has determined that the project
will not have a significant impact on the environment and a Negative Declaration 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 to justify its actions, as described below:
1. The proposed location of the precise plan/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 precise plan/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.
RESOLUTION NO. 97-30
3. The proposed precise
applicable provisions
adjustments.
plan/conditional use will comply with each of the
of this title, except for approved variances or
4. The proposed precise plan/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,
as follows:
1.
2.
3.
That the above recitations are true and correct and constitute the findings of
the City Council in this case.
That approval of Precise Plan/Conditional Use Permit 96-10 is hereby granted
subject to the attached conditions.
That a Negative Declaration of Environmental Impact, Exhibit "A" attached, be
certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 10th day of April, 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BENSON, CRITES, SNYDER, SP{EGEL, KELLY
NONE
NONE
NONE
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ATTEST: . ,; �
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SHEILA R."GILLIGAN, Ci� Clerk
City of Palm Desert, Catifornia
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RESOLUTION NO. 97-30
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 96-10
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, 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 clea�ance 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 and the Freeway Commercial Overlay Zone.
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.
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RESOLUTION NO. 97-30
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 the parking lot tree planting master plan.
1 1. 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. No loitering shaJl be allowed on the premises.
13. No Distilled Spirits sales will be permitted on the premises.
14. No open alcoholic beverage containers or consumption shall be allowed on the
premises.
15. Litter shall be removed twice daily from the premises, including adjacent public
sidewalks, landscaped area and parking lots. Personnel shall be required to physically
inspect the premises and adjacent sidewalks, landscaped areas and parking lots no
less than twice daily.
16. Hours of operation for all uses on the site shall be 24 hours per day seven days a
week.
17. That the architecture of the remaining buildings in PA1 (i.e., restaurants, mini storage
and retail) shall take the flavor of the architecture shown for the service station/
convenience sto�e/car wash.
18. That the east most restaurant adjacent to Gerald Ford Drive be setback a minimum
of 25 feet.
19. That the parking for the restaurant uses shall be evaluated on an on-going basis as
each restaurant is proposed and built.
20. That the open space area associated with the "food park" sha(( be completed with
the opening of the first drive-through restaurant.
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RESOLUTION NO. 97-30
21. This approval is subject to approval by the City Council of the Freeway Commercial
Overlay Zone Ordinance, subject to the PCD zone change being approved by City
Council and that this approval is consistent with the approved Freeway Commercial
Overlay Zone Ordinance.
22. That the City acknowledges that this precise plan fulfills the requirement for a five
(5) acre development pursuant to Section 25.30.220 of the Municipal Code and will
permit the lifting of the deed restriction currently recorded against Parcel 1, PM
28448.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance No. 653 shall be paid prior to recordation of the parcel map or issuance
of grading permits. As provided for in Section 26.49.030 of the Palm Desert
Municipal Code , the costs associated with the construction of master plan drainage
facilities may be deducted from the project drainage fees.
2. Any drainage facilities construction required for this project 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 subject study
shall include analysis of the upstream drainage conditions as they impact this project.
Project design shall provide for the on-site retention of 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 issuance of any permits associated with this project or
the recordation of the parcel map.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMFj.
Payment of said fees shall be at the time of building permit issuance.
5. 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 a grading permit.
6. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
7. Complete parcel map shall be submitted as reguired by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits.
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RESOLUTION NO. 97-30
8. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
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 to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
10. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of any permits
associated with this project.
11. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of a median island in Gerald Ford Drive and Cook Street sha(I be provided.
Landscape treatment shall be water efficient in nature and shall be in accordance with
the City of Palm Desert landscape design standards. Landscaping maintenance for
the required median island shall be provided through a property owners association.
Applicant shall be responsible for executing a declaration of Conditions, Covenants
and Restrictions, which declaration shall be approved by the City of Palm Desert and
recorded with the County Recorder. The declaration shall specify: a) the applicant
shall oversee the formation of a property owners association; b) the property owners
association shall be formed .prior to the recordation of the Parcel Map; and c) the
aforementioned landscaping shall be the responsibility of the property owners
association.
12. Landscape installation on the property frontages shalf be water efficient in nature and
maintenance shall be provided in the same manner specified above.
13. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive
Dust Control.
14. The location and permitted movements of all project entry points shall be subject to
the review and approval of the Director of Public Works.
15. In accordance with Palm Desert Municipal Code Section 26.44, complete grading
plans/site improvement plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to issuance of any permits. In addition
to all standard engineering design parameters, the plan sha(I address appropriate
circulation-related issues.
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RESOLUTION NO. 97-30
16. Waiver of access rights to Cook Street a�d Gerald Ford Drive except at approved
locations shall be granted on the parcel map.
17. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all
existing overhead utilities shall be placed underground per the respective utility
district recommendation. If determined to be unfeasible, applicant shall agree to
participate in any future undergrounding district.
18. 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
and the city's Circulation Network. Specific project related offsite/onsite
improvements shall include, but not be limited to the following:
* Construction of curb, gutter and paving as well as sidewalk in an appropriate
size and configuration along Cook Street and Gerald Ford Drive.
* Construction of acceleration/deceleration lanes for the project entries.
* Construction of transit facilities as may be required by Sunline Transit Agency.
Rights-of-way as may be necessary for the construction of required public
improvements shall be provided on the parcel map.
19. Applicant shall be responsible for the implantation of those traffic impact mitigation
measures identified in the Wonder Palms Commercial Center Circuiation Impact Study
prepared by Endo Engineering and approved by the City of Palm Desert Public Works
Depart.
20. Traffic safety striping shall be provided 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.
21. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
22. Prior to start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Works of intended compliance with the National Pollutant Discharge
Elimination (NPDES) General Permit (Permit # CAS000002) for storm water
discharges associated with construction activity.
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RESOLUTION NO. 97-30
23. The proposed storm water retention areas shall be designed to retain stormwaters
associated with the increase in developed vs. undeveloped condition for a 100 year
storm.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC,
and/or recognized fire protection standards.
The fire department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per California Fire Code Sec. 10.401.
2. 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.
3. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of:
a) 3000 gpm for commercial structure
b) 2500 gpm for multi-family structure
c) 3000 gpm for commercial structure
d) 4000. gpm for industrial structure
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' or more than:
a) 200 feet from single family structure
b) 165 feet from multi-family structure
c) 150 feet from commercial structure
Distances shall cover all portions of the building(s) as measured along app�oved
vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet
barrel" type.
5. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2-1 /2" x 2-1 /2")
will be required, located not less than 25' or more than:
a) 200 feet from single family structure
b) 165 feet from multi-family structure
c) 150 feet from commercial structure
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RESOLUTION NO. 97-30
Distances shall cover a{I portions of the building(s) as measured along approved
vehicular travel ways. The required fire flow shall be available from any adjacent
hydrantls) in the system.
6. Provide written certification from the appropriate water company having jurisdiction
that hydrant(s) will be installed and will produce the require fire flow, or arrange for
a field inspection by the Fire Department prior to scheduling for a final inspection.
7. 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 Civic 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 Fi�e Department."
8. Comply with Title 24 of the California Code of Regulations, adopted January 1,
1990, 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 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 squa�e 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.
10. 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.
1 1. 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:
a) No Parking Fire Lane - PDMC 15.16.090.
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RESOLUTION NO. 97-30
12. 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))
13. Install portable fire extinguishers per NFPA 10, but not less than 2A106C 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.
14. Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A)
15. Install a dust collecting system as per the California Building Code, Sec. 910 and
California Fire Code Art. 76, if conducting an operation that produces airborne
particles. A carpenter or woodworking shop is considered one of several industrial
processes requiring dust col(ection.
16. All buildings 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.
17. The minimum width of interior driveways for multi-family or apartment complexes
shall be:
a) 24 feet wide when serving less than 100 units, no parallel parking,
carports or garages allowed on one side only.
bj 28 feet wide when serving between 100 and 300 units; carports or
garages allowed on both sides, no parallel parking.
c) 32 feet wide when serving over 300 units or when parallel parking is
allowed on one side.
d) 36 feet wide when parallel parking is allowed on both sides.
18. Whenever access into private property is controlled through use of gates, barriers,
guard houses or similar means, provision shall be made to facilitate access by
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RESOLUTION NO. 97-30
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".
19. 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.
20. A second access is required. This can be accomplished by two main access points
from a main roadway or an emergency gated access into an adjoining development.
21. Contact the fire department for a final inspection prior to occupancy.
22. All new residences/dwellings are required to have illuminated residential addresses
meeting both City and Fire Department approval. Shake shingle roofs are no longer
permitted in the City of Palm Desert.
23. Commercial buildings shall have illuminated addresses of a size approved by the city.
24. . 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.
25. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within twelve months. -
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RESOLUTION NO. 97-30
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: PP/CUP 96-10
APPLICANT/PROJECT SPONSOR: Mainiero, Smith and Associates
For David F�eedman & Company
777 E. Tahquitz Canyon Way, Suite 301
Palm Springs, California 92262
PROJECT DESCRIPTION/LOCATION: Approval of a precise plan of design/conditional use
permit to allow the construction and operation of a fuel station, convenience store, car
wash, restaurant park and retail outlets on 18.3 acres at the northeast corner of Cook
Street and Gerald Ford Drive, known as Planning Area #1 in the Wonder Palms Master Plan
of Development.
The Director of the Department of Community Development, City of Palm Desert, California,
has found that the described project will not k�ave 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.
'I 0 1 97
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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