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HomeMy WebLinkAboutCC RES 01-065RESOLUTION NO. 01-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING AN APPEAL AND APPROVING IN ITS PLACE REVISED PLANS SUBMITTED BY EXXON-MOBIL FOR AN AMENDMENT TO AN EXISTING PRECISE PLAN/CONDITIONAL USE PERMIT FOR A MOBIL GAS STATION, CONVENIENCE STORE INCLUDING BEER AND WINE SALE FOR OFF -SITE CONSUMPTION AND DRIVE-THRU CAR WASH ON 1.58 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND GERALD FORD DRIVE, 36-650 COOK STREET. CASE NO. CUP 00-06 AMENDING PP/CUP 96-10 WHEREAS, at its meeting of July 18, 2000, the Planning Commission by its Resolution No. 2001 approved a request by Mobil Oil Corporation for approval of a conditional use permit for a Mobil gas station, convenience store including beer and wine sale for off -site consumption and drive-thru car wash on 1.58 acres at the northeast corner of Cook Street and Gerald Ford Drive, 36-650 Cook Street; and WHEREAS, timely appeals were filed to the Planning Commission decision; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of May, 2001, hold a duly noticed public hearing which had been continued from April 26, 2001, January 25, 2001, December 14, 2000, September 14, 2000 and August 24, 2000, to consider an appeal filed to the decision of the Planning Commission approving CUP 00-06; 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. 00-24," in that the Director of Community Development has determined that the project was previously assessed under Case No. PP/CUP 96-10 and no further environmental review 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 to justify its actions, as described below: 1. The proposed location of the revised 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 revised precise plan/conditional use and the conditions under which it will be operated and maintained will not be RESOLUTION NO. 01-65 detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed revised precise plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed revised 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, 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 the appeal to the decision of the Planning Commission action in Case No. CUP 00-06 is hereby affirmed. 3. That Case No. CUP 00-06 as revised and shown on site plan 1 8-PJQ and dated 01-1 1-01 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 24th day of May, 2001, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE SHEILA Rf GILLiGAN, ! Clerk City of Palm Desert, ( - ifornia 2 ON, Mayor RESOLUTION NO. 01-65 CONDITIONS OF APPROVAL CASE NO. CUP 00-06 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 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 and the Freeway Commercial Overlay Zone. 3 RESOLUTION NO. nt_6% 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. 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. 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. No loitering shall 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 Tots 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 site plan be revised to provide a design acceptable to the Director of Public Works for a shared driveway access to Cook Street for the property to the north and northeast including the granting of an access easement for same. The granting of said easement shall involve reciprocal cooperation from the adjacent property owner for the development of the Gerald Ford entrance. 4 RESOLUTION NO. 01-65 Department of Public Works: 18. Any drainage facility 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 project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100-year storm. 19. 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. 20. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 21. 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. 22. 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 grading permits. 23. 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. 24. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specification 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. 25. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided in the same manner specified above. 5 RESOLUTION NO. 01-65 26. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control. 27. 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. 28. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 29. 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. Those improvements shall include, but not be limited to the following: * Installation of concrete curb, gutter and paving on Gerald Ford Drive. * Installation of dedicated right turn pocket, approximately 60 feet in length with a 90-foot reverse curb, for the proposed Cook Street access. * Installation of a concrete sidewalk in an appropriate size and configuration on Gerald Ford Drive and Cook Street. Based on the Palm Desert Traffic Model, future traffic volumes on Cook Street indicate that it will need to be an eight -lane facility. The project shall provide sufficient right-of-way to accommodate future roadway expansion. 30. Site access from Cook Street and Gerald Ford Drive shall be limited to right turn ingress and egress only. The Cook Street access, as shown on the preliminary site plan shall be designed to reflect truck turning radius from the previously referenced right turn pocket. Recorded ingress/egress easements for the Gerald Ford access will need to be provided prior to issuance of any permits associated with project. 6 RESOLUTION NO. 01-65 Riverside County Fire Department: 31. 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, 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 California Fire Code Sec. 10.301 C. 32. 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. 33. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 3000 gpm for commercial buildings. 34. The required fire flow shall be available from a wet barrel Super hydrant(s) (4"x 2-1 /2"x 2-1/2"), located not Tess than 25' nor more than 150' commercial from any portion of a commercial building as measured via vehicular travelways. 35. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 36. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 37. All valves controlling the water supply for automatic sprinkler systems and water -flow switches shall be monitored and alarmed per UBC Chapter 9. 38. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 7 RESOLUTION NO. 01-65 39. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 40. 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 not be Tess than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 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. 41. All buildings shall have illuminated addresses of a size approved by the city. 42. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 43. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 8