HomeMy WebLinkAboutCC RES 07-75RESOLUTION NO. 07-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A VARIANCE TO SECTION
25.28.060 MINIMUM STREET FRONTAGE SETBACK OF THE ZONING
ORDINANCE TO ALLOW AN ENCROACHMENT INTO THE REQUIRED
2:1 STREET FRONTAGE SETBACK RATIO AND TO ALLOW A TWO -
FOOT SIX-INCH (2'6") ENCROACHMENT INTO THE MINIMUM FIVE—
FOOT (5') STREET FRONTAGE SETBACK; AND A PRECISE PLAN TO
CONSTRUCT A 15,499 SQUARE FOOT TWO-STORY COMMERCIAL
RETAIL RESTAURANT BUILDING INCLUDING A 36-FOOT TOWER
ELEMENT LOCATED AT 73-399 EL PASEO.
CASE NOS: VAR 07-01 AND PP 07-08
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th
day of November, 2007, hold a duly noticed public hearing to consider the request by A &
H Management for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of October, 2007, hold a duly noticed public hearing to consider the said
request, and by its Resolution No. 2457 recommended approval of VAR 07-01 and PP
07-08; 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. 06-78, in that the Director of Community Development has determined
that this project has been previously addressed in an certified EIR for Section 4 and no
further environmental review is necessary for the purposes of CEQA; 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 said request:
VARIANCE
1. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the ordinance codified in
this title.
• 2:1 Setback Ratio providing a Daylight triangle: Given that the height of
the building is proposed to be 29'6", requiring the property owner to comply
with a 2:1 setback ratio would create an unnecessary hardship inconsistent
with the objectives codified in the Zoning Ordinance and inconsistent with
other properties on the El Paseo corridor. Every two-story building on El
Paseo does not comply with the Code Section.
• 2.5' Street Frontage setback encroachment: Strict or literal interpretation
and enforcement of the specified regulation that provides a 5-foot setback
RESOLUTION NO. 07-75
for General Commercial buildings is not consistent with other street
corners on El Paseo and negatively impacts the proposed project. The
increased existing property setback is greater than every other corner and
the project would be negatively impacted should the 5-foot street frontage
setback be enforced.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the
property that do not apply generally to other properties in the same
zone.
• 2:1 Setback Ratio providing a Davliaht triangle: Strict compliance of the
Code Section 25.28.060 for a 2:1 street frontage setback ratio is not
applicable to properties on El Paseo, and has not been enforced in the
past due to its preclusion of the construction of any two-story structure on
the El Paseo corners.
• 2.5' Street frontaae setback encroachment: Due to its unusual and
exceptional property line dedication, that is inconsistent with other
properties in the district, and that a resulting sidewalk would be
inconsistent with all other properties on El Paseo, the 5' setback would
negatively impact the proposed project.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same vicinity and zone.
• 2:1 Setback Ratio providing a Davliaht triangle: The strict and literal
enforcement of C-1 Code Section 25.28.060 would deny the applicant
privileges enjoyed by the owners of other properties in the El Paseo
district. While the subject property is not technically unusual as compared
with other properties along El Paseo, conformance to the 2:1 ratio street
frontage setback ratio is not applicable to any property fronting El Paseo
and would be inconsistent with economic and architectural intent for this
district.
Where other properties have been granted variances, successful and
attractive two story businesses along El Paseo have been constructed. It
would appear that not granting the variance would deny the applicant
privileges enjoyed by other property owners along El Paseo. These
exceptional circumstances make it unfeasible to deny the variance.
• 2.5' Street Frontaae setback encroachment: The literal interpretation of
Code Section 25.28.060 providing for a 5-foot street frontage setback in a
C-1 General Commercial Zone would create an asymmetrical pathway on
the Lupine Lane - El Paseo corner. The sidewalk would be fourteen and a
half feet (14.5') on the El Paseo side and seventeen feet (17') on the
Lupine Lane side.
2
RESOLUTION NO. 07-75
Allowing the sidewalk to be wider and the storefront to be setback visually
farther from the curb could impede the intended aim of the storefront
presence and adversely affect its success. Allowing the building to
encroach into the required 5' setback by two -feet six -inches (2'6"), ensures
a unified and comprehensive impact and street charisma, and by not
allowing would deprive the applicant this privilege enjoyed by others with El
Paseo storefronts.
4. That the granting of the variance or adjustment will not be detrimental to
the public health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity.
• 2:1 Setback Ratio providing a Daylight trianale: Granting of the variance
will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity. The
proposed two-story commercial building will update the appearance of
the corner with fresh look and bring the site into compliance with the
zoning ordinance requirement that EL Paseo remain an attractive exciting
Pedestrian venue.
• Street Frontaae setback encroachment: Granting of the variance will not
be detrimental to public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity. Granting of the variance will
ensure a lasting, aesthetic and economic improvement to the general
vicinity.
PRECISE PLAN
1. The design of the precise plan shall comply with each of the applicable
provisions of the zoning ordinance, except for the approved Variances to
the Street Frontage Setbacks.
2. The precise plan shall not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan shall 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 the City Council does hereby approve VAR 07-01 and PP 07-08
subject to conditions attached.
3
RESOLUTION NO. 07-75
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of November, 2007, by the following vote, to wit:
AYES: FERGUSON, FINERTY, and KELLY
NOES: BENSON and SPIEGEL
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D.RSSEN, CITY CLERK
City of Palm Desert, California
4
RESOLUTION NO. 07-75
CONDITIONS OF APPROVAL
CASE NOS. VAR 07-01 AND PP 07-08
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. The applicant shall construct a fourteen -foot six-inch (14'6") wide
sidewalk along the property's frontage as shown on the project site plan.
2. The applicant shall submit to the City of Palm Desert an in -lieu parking fee in the
amount of seventy-five thousand dollars ($75,000) to apply towards either the
purchase of an El Paseo Courtesy Cart and one-year of its operation, or the
construction of a parking structure, at the sole discretion of the City.
3. 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.
4. 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.
5. 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 Review Commission
City Fire Marshal
Public Works Department
6. 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.
7. 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.
8. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions.
9. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to final Architectural Review Commission submittal.
10. 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.
RESOLUTION NO. 07-75
11. Any and all proposed outdoor lighting shall comply with Palm Desert Municipal
Code Section 24.16. A detailed parking lot and building lighting plan prepared by
a qualified lighting engineer shall be submitted to staff for approval.
12. All roof top equipment shall be screened from all views. The applicant shall
provide building sections and/or line of sight drawings to illustrate that all roof
top equipment is screened from all views.
13. A Conditional Use Permit is required for any and all outdoor sales of arts,
crafts, clothing, goods, and any other merchandise.
14. Delivery hours shall be limited to 7:00 am to 10:00 pm.
15. All conditions of approval shall be recorded before any building permits are
issued. Evidence of recordation shall be submitted to the Department of
Community Development/Planning.
Department of Public Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner who shall
maintain the landscaping per the City approved landscape document package
for the life of the project, consistent with the Property Maintenance Ordinance
(Ord. 801).
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 the issuance of a grading permit.
BONDS AND FEES
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 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. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to issuance of grading permits
DESIGN REQUIREMENTS
7. 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 start of construction.
6
RESOLUTION NO. 07-75
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape, grading, and utility plans shall be submitted for review concurrently.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards.
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.
CONSTRUCTION REQUIREMENTS
14. All public improvements shall be inspected by the Department of Public Works
and a standard inspection fee shall be paid prior to issuance of grading permits.
No occupancy permit shall be granted until public improvements have been
completed.
15. All public and private improvements shall be inspected by the Public Works
Department.
16. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
17. Prior to the 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 Permit
for storm water discharges associated with construction. Developer must
contact Riverside County Flood Control District for informational materials.
SPECIAL CONDITIONS
18. Project shall record a reciprocal parking and access agreement with property to
the west prior to issuance of grading permit.
7
RESOLUTION NO. 07-75
Department of Building and Safety:
1. Project must conform to the City of Palm Desert adopted codes at the time of
plan check submittal. Currently the reference codes are:
2001 CALIFORNIA BUILDING CODE (Based on 1997 UBC)
2001 CALIFORNIA MECHANICAL CODE (Based on 2000 UMC)
2001 CALIFORNIA PLUMBING CODE (Based on 2000 UPC)
2004 CALIFORNIA ELECTRICAL CODE (Based on 2002 NEC)
2005 CALIFORNIA ENERGY CODE
2001 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2001 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054).
3. A disabled access overlay of the precise grading plan is required to be submitted
to the Dept of Building and Safety for plan review of the site accessibility
requirements as per 2001 CBC Chapter 11 B.
3. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
4. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
5. Address numerals shall comply with Palm Desert Ordinance No. 1006. You may
request a copy of the Ordinance at the Building Department.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced project,
the fire department recommends the following fire protection measures be
provided in accordance with City Municipal Code, NFPA, CFC, and CBC or any
recognized Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
8
RESOLUTION NO. 07-75
3. Provide or show there exists a water system capable of providing a gpm flow of
3000 gpm for commercial buildings.
4. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2 "x
21", located not less than 25' nor more than 150' from any portion of a commercial
building measured via vehicular travel -way.
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 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.
7. All valves controlling the water supply for automatic sprinkler systems and Water -
flow switches shall be monitored and alarmed per CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per MFPA 10, but not less than one 2A1OBC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
10. All building 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 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.
11. All buildings shall have illuminated addresses of a size approved by the city.
12. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
Coachella Valley Water District:
1. The District shall furnish domestic water and sanitation service to this area in
accordance with the current regulations of this District. These regulations
provide for the payment of certain fees and charges by the subdivider and said
fees and charges are subject to change.
9
RESOLUTION NO. 07-75
2. The District requires restaurants to install a grease interceptor, including a
sample box, sanitary tee and running trap with cleanout, prior to any discharge to
its sanitation facilities. The size of the grease interceptor will be determined and
approve by the District. Installation of the interceptor shall be inspected by the
District.
3. Plans for grading, landscaping and irrigation systems shall be submitted to the
District for review. This review is for ensuring efficient water management.
10