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Home My WebLink AboutCC RES 98-152RESOLUTION NO. 98-152 A RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT A TO ALLOW THE OPERATION OF A 2,275 SQUARE FOOT RESTAURANT WITH A MAXIMUM OF 50 SEATS LOCATED AT 73-495 HIGHWAY 111. CASE NO. CUP 98-17 WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of December, 1998, hold a duly noticed public hearing to a consider a request by PALM ASSOCIATES, LLC for the above mentioned; 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. 97-18," in that the Director of Community Development has determined, that the project is a Class 3, • Categorical Exemption and no further documentation is necessary; 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 approval of the conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will 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. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 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. 98-152 2. That approval of Conditional Use Permit 98-17 is hereby granted by the City Council for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 10 th day of December 10, 1998, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None • ABSENT: None ABSTAIN: None SHEILA R. I "GAN, City '-rk City of Palm Desert, Calif • is 2 ROBERT A. SPIEG L, M.yor STAFF REPORT DECEMBER 1, 1998 CUP 98-17 sufficient to meet the City's parking ordinance. With the creation of the recommended outdoor patio, three parking spaces and two golf cart spaces will be eliminated. The project will continue to meet the 20 space parking requirement. Traffic: Highway 111 currently handles approximately 35,000 vehicle trips per weekday. Any additional vehicle trips generated by the restaurant will not have a significant effect on existing vehicular travel. Architecture/Landscaping: At the October 13, 1998 meeting, the Architecture Review Commission granted conceptual approval of the proposed exterior elevations and site improvements. The proposed improvements included a new clay spanish tile, exterior elevation modifications and additional landscaping. The architectural modifications included increasing the height of the building from 19' to 24'6" at the northeast portion of the building with the use a tower element. The A.R.C. recommended that the former drive-thru egress point onto San Pablo Avenue be eliminated and landscaped and that the trash enclosure area be re -designed in the southeast portion of the site or behind the building. At the November 10, 1998 A.R.C. meeting, the Commission reviewed the preliminary elevations, revised site plan, landscaping and signage. Per their recommendations of October 13, 1998, the site plan was modified eliminating the former drive-thru egress onto San Pablo and maintaining a large landscaping area along San Pablo Avenue. The trash enclosure and delivery areas were also re- designed at the southeast portion of the site. The A.R.C. granted preliminary approval of the architecture, landscaping and signage on a 3-0 vote, with Commissioners Connor and Holden abstaining. In order to meet the City's parking lot tree planting master plan, the applicant will be required to provide two additional trees along the western row of parking. The A.R.C.'s approval included preliminary approval of signage. Proposed signage consists of 12" red reverse channel letters or halo lit, located on the north, south and east elevations. Per the City's sign ordinance, the over-all height of the sign will not exceed 20 feet. All three signs will not exceed the maximum allowed square footage. - - Development Standards in Chart Table form: STANDARDS ORDINANCE PROJECT Building Height 30' feet 24'6" 3 STAFF REPORT DECEMBER 1, 1998 CUP 98-17 Front Setback 5' Existing 51' Rear Setback N/A N/A Street Side Yard 5' Existing 9' Parking 23 23 Handicapped 1/25 Spaces (1) 1 Coverage N/A N/A Landscaping 15 % parking lot 15 % min. The proposed project meets all the City's development standards and all other provisions of the zoning ordinance will be meet. D. DISCUSSION: The applicant has prepared an alternate plan to address landscaping concern at the southwest corner of Highway 111 and San Pablo Avenue. The plan includes the removal of three parking spaces, two golf cart spaces at the southwest corner and the addition of landscaping with an outdoor seating area. This will create a larger buffer between the highway and the existing building. The proposed landscaped area will offer outdoor patio seating for approximately 12 persons. The plan will be available for City Council to review at the December 10, 1998 meeting. E. ANALYSIS 1. FINDINGS REQUIRED FOR APPROVAL OF CUP a. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. • The proposed restaurant use is allowed in the General Commercial zone with approval of a Conditional Use Permit by the Planning Commission. The use will be in accord with the objectives of the zoning ordinance. b. That the proposed location of the conditional use and the conditions under which it will 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. • The proposed restaurant meets all the requirement of the City's zoning ordinance and has received preliminary Architecture Review 4 RESOLUTION NO. 98-152 5. 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. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. The subject fee shall be based on the proposed change of use (financial institution to fast food). 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 commercial buildings per Uniform Fire Code Sec. 10.301C. 2. A fire flow of 1500 GPM for a one -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 there exists a water system capable of providing a potential gallon per minute flow of 1500 for single-family, 2500 for multi -family, and 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. 4. A combination of on -site and off -site Super fire hydrants (6"X4"X2-1 /2"X2- 1 /2") will be required, located not Tess than 150 feet commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 5. 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 field inspection by the Fire Department prior to request for final inspection. 5 RESOLUTION NO. 98-152 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. 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. 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. 9. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 10. 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. 11. All buildings shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall be not less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 feet wide with parking on both sides, 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius turn -around (55 feet in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a five-foot radius or 10-foot diameter. City standards may be more restrictive. 12. Contact the Fire Department for a final inspection prior to occupancy. 13. This project may require licensing and/or review by State agencies. Applicant should prepare a letter of intent detailing the proposed usage to facilitate case review. Contact should be made with the Office of the State Fire Marshal (818-960-6441) for an opinion and a classification of occupancy 6 J RESOLUTION NO. 98-152 type. This information and a copy of the letter of intent should be submitted to the Fire Department so that proper requirements may be specified during the review process. Typically, this applies to educational, day care, institutional, health care, etc. 14. Commercial buildings shall have illuminated addresses of a size approved by the City. 7