HomeMy WebLinkAboutCC RES 06-069RESOLUTION NO. 06-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL
USE PERMIT TO ALLOW A NEW JIFFY LUBE OIL CHANGE FACILITY
WITH A VARIANCE FROM SECTION 25.28.060 ALLOWING A
REDUCTION IN THE REQUIRED "DAYLIGHT TRIANGLE" SETBACK
FROM 43'8" TO 24' AND A VARIANCE FROM SECTION 25.56.400
ALLOWING SERVICE BAYS TO FRONT ONTO A PUBLIC STREET. THE
PROPERTY IS LOCATED AT 74-180 HIGHWAY 111.
CASE NOS. PP/CUP 05-05 AND VAR 05-04:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of May 2006, hold a duly noticed public hearing to consider a request by ERNEST
RAMIREZ/JIFFY LUBE for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 7th day of March 2006, hold a duly noticed public hearing, which was continued to
March 21, 2006, to consider the said request and by its Resolution No. 2381 approved
PP/CUP 05-05 and VAR 05-04; 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. 05-52, in that the Director of Community Development has determined
that the project is a Class 32 Categorical Exemption; 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
find the following facts and reasons to exist to approve the said request:
FINDINGS FOR VARIANCES:
A. Requiring the daylight triangle setback on this property negatively impacts
the proposed project creating a Tess desirable building design that will not
adequately screen the service bays and will eliminate 19% of the build-
able area making the project infeasible.
B. Three (3) streets affecting the build -able lot area and screening of the
service bays surround the property. The daylight triangle setback
requirement eliminates 19% of the build -able area of the property.
C. The loss of 19% of the build -able area negatively impacts this property
and would deprive the applicant of more square footage that other
properties would be entitled to the same vicinity and commercial zone.
RESOLUTION NO. 06-69
D. Granting of the variance for the proposed Jiffy Lube oil change facility will
not be detrimental to the public health, safety, welfare, or materially
injurious to properties or improvements in the vicinity.
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 City Council does hereby approve Precise Plan/ Conditional Use
Permit 05-05 and Variance 05-04, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this Littlay of May 2006, by the following vote, to wit:
AYES: CRITES, SPIEGEL, and KELLY
NOES: BENSON
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
� E D.. EN, I CLERK
CITY OF PALM DESERT, CALIFORNIA
RI(:S. KELLY, MAYOR PRO T
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RESOLUTION NO. 06-69
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 05-05 AND VAR 05-04
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 waste company and
Department of Community Development and shall include a recycling program.
6. 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 Tong -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.
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RESOLUTION NO. 06-69
7. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
8. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
9. 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.
10. The applicant shall work together with the adjacent property owner to the east to
determine the height of a new block wall that shall be installed between the two
properties.
11. The three -service bay doors facing Cabrillo Avenue shall be closed at all times
and only opened when vehicles are exiting the facility.
Department of Public Works:
1. All landscape maintenance shall be performed by the property owner.
2. 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 issuance of a grading permit.
3. Signalization fees, in accordance with City of Palm Desert Resolution Numbers
79-17 and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Storm drain design and construction 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 the start of construction.
7. Complete grading and improvement plans and specifications on electric files
shall be submitted to the Director of Public Works for checking and approval
prior to issuance of any permits.
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. Project shall retain nuisance water on -site.
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RESOLUTION NO. 06-69
.... 10. Landscape installation shall be drought tolerant in nature.
11. Landscape plans shall be submitted for review concurrently with grading plans.
12. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards.
13. All public improvements shall be inspected by the Department of Public Works
and a standard inspection fee shall be paid prior to the issuance of grading
permits. No occupancy permits shall be granted until public improvements have
been completed.
14. All public and private improvements shall be inspected by the Public Works
Department.
15. 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 System (NPDES) General Construction Permits for storm
water discharge associated with construction. Applicant shall contact Riverside
County Flood Control District for informational materials.
16. Driveway leading to the frontage road shall be removed and replaced with
sidewalk.
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 UFC Article 87.
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:
a) 3000 for commercial structure.
3. The required fire flow shall be available from a wet barrel Super Hydrant 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.
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RESOLUTION NO. 06-69
4 Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
5. Install a fire alarm system as required by the UBC Chapter 3.
6. Install portable fire extinguishers per NFPA, 10, but not less than 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. 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.
8. This project may require licensing by a state or county agency, to facilitate plan
review the applicant shall prepare and submit to the Fire Marshal a letter of intent
detailing the proposed usage and occupancy type.
9. All buildings shall have illuminated addresses of a size approved by the city.
10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
11. 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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