Loading...
HomeMy WebLinkAboutCC RES 04-017RESOLUTION NO. 04-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE- THRU RESTAURANT (WENDY'S), A SIT DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. CASE NO. MP/CUP/PP 03-18 WHEREAS, the Planning Commission by its Resolution No. 2248 has approved the above noted cases; and WHEREAS, a timely request for City Council review of the Planning Commission decision was filed by a City Council member; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of February, 2004, hold a duly noticed public hearing to consider the request of FOUNTAINHEAD SHRUGGED LLC for approval of a conditional use permit for a master plan of development and approval of a precise plan of design; and WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay Zone some of the uses in the master plan require approval of a conditional use permit; 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. 02-60," in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption for purposes of CEQA (infill project) and no further 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: Master Plan of Development: 1. The proposed location of the master plan/conditional use ;Haste. plan of development 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 master plan/conditional use roaster plan of development 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 master plan/conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. ABSTAIN: NONE ATTEST: RESOLUTION NO. 04-17 4. The proposed master plan/conditional use complies with the goals, objectives and policies of the City's adopted General Plan. Precise Plan 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 approval of Master Plan/Conditional Use Permit 03-18 for the master plan and precise plan are hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of February, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE RACHELLE D. KLASSEN,City Clerk City of Palm Dasert, California 2 ROBERT A. SPIEGEL, N(ayor/ RESOLUTION NO. 04-17 CONDITIONS OF APPROVAL CASE NO. MP/CUP/PP 03-18 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. That all future development on this site shall first obtain approval of a precise plan of design for that portion of the project. Said precise plans to be consistent with the provisions of this master plan of development as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth 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. 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. 3 RESOLUTION NO. 04-17 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 12. That prior to approval of any precise plan on any parcel the applicant must demonstrate compliance with all code provisions (i.e., parking, setbacks, height and other such matters), conditions contained in this resolution and adequate access to that portion of the site. 13. That the landscaping adjacent to Washington Street and Country Club Drive shall be installed as part of the first development to occur on the site. 14. That the building architecture as given preliminary approval by Architectural Review Commission December 9, 2003 shall be the architectural theme for the remainder of the master plan. 15. That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee. 16. Applicant shall pay a Day Care Mitigation Fee if and when one is implemented by City Council pursuant to a nexus study. 17. That development on the north portion of the master plan, the unplanned area, is subject to obtaining approval of a precise plan of design from the Planning Commission. Department of Public Works: 1. 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. The existing storm drain outlet at the southwest portion of the site shall be removed and extended to the rear portion of the site to connect with the mid valley storm drain system. 4 RESOLUTION NO. 04-17 2. 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. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. 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. 5. 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. 6. 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. 7. 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 required offsite improvements prior to permit issuance. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 8. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 11. 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: * Dedication and improvement of a 55' half section of Country Club Drive (34 feet of pavement, 9' median and 12' parkway-8' sidewalk) * Additional 10' of pedestrian/landscape easement shall be provided * Right turn only lane required on Country Club Drive * Free right turn lane shall be constructed from Washington Street to Country Club Drive * Construction of landscaped center median on Country Club Drive 5 RESOLUTION NO. 04-17 * Dedication and improvement of a 30' half section of Desert Country Circle (20' of pavement, 10' parkway and 6' curbside sidewalk) if kept a public street. If a private street is proposed, then the current 30' pavement width with the curbs painted red for no parking is acceptable, with a 6' curbside sidewalk and reciprocal access easement with the property to the west. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to the issuance of any permits associated with this project. 12. Driveways and parking lots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 13. No permits associated with this project shall be issued prior to the recordation of the map on which the subject project is located. 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, and 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 UFC article 87. 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 there exists, a water system capable of providing a gpm flow of 3,000 gpm for commercial buildings (each building). 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4"x2- 1 /2"x2-1 /2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with s 3000 square foot total cumulative floor area. The Fire Marshall shall approve the locations of all post indicator valves and fire department connections. All valves anc connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 6 RESOLUTION NO. 04-17 7. All valves controlling the water supply for automatic sprinkler systems and Water -flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single family residential usage. 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 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. 12. This project may require licensing by a state or county agency, to facility plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1. This project will need to open to other Phase II. Citv Council Condition: 1. The Art in Public Places fee shall be $20,000. 7