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HomeMy WebLinkAboutRes No 0965PLANNING COMMISSION RESOLUTION NO. 965 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND VARIANCE TO ALLOW CONSTRUCTION OF A FURNITURE STORE LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF LAS PALMAS DRIVE. CASE NO. PP 84-16 and VAR 84-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 1984, hold a duly noticed public hearing to consider the request of VICTOR MIHAJSON for approval of a precise plan of design and variance to allow construction of a 4000 sq.ft. furniture store in the C-1, S.P. zone located on the north side of Highway 111 (frontage road), 80 feet west of Las Palmas Drive, more particularly described as: APN 627-092-032 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is a Class 3 categorical exemption and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify the granting of said precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or 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. 4. There are practical difficulties or unnecessary physical hardships inconsistent with the objectives of this ordinance that would result if the variance is not granted. 5. There are exceptional or extraordinary circumstances or conditions that apply to the property that do not apply generally to other properties in the same zone. 6. The strict or literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. 7. The granting of this variance would not be detrimental to the public health, safety, and welfare of properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 84-16 and VAR 84-2 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUF D CRITES, Chairman i ATT T: -1- RA ON A. DIAZ, Secreta /lr PLANNING COMMISSION RESOLUTION NO. 965 CONDITIONS OF APPROVAL Case No. PP 84-16 and VAR 84-2 Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. The development of the property described herein shall bu 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. 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. 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: Riverside County Department of Health Palm Desert Architectural Process City Fire Marshal Coachella Valley Water District 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. Detailed exterior parking lot lighting, if provided, in compliance with applicable standards to be submitted to the city prior to issuance of building permits, for approval; lights to be down -shining box type to minimize glare. 6. Provide 3.5 foot high decorative masonry wall in front of parking lot areas and trash area exposed to alley (except driveways). 7. All roof mounted mechanical equipment shall be screened from all sides with materials similar to building walls or roof. 8. Trash provisions shall be approved by applicable trash company and city prior to issuance of building permit. 9. In lieu of undergrounding existing utility distribution lines at rear of property as a part of construction, the applicant shall record an agreement guaranteeing that the property will voluntarily be a part of any undergrounding district which is subsequently established by the city including the property in question. 10. Landscaped planter to be provided across entire frontage (except entrance). 11. No part of building shall encroach into public right-of-way. 12. An irrevocable offer to dedicate and improve 10 feet of land at the rear of the property shall be granted to the city for widening. Any relocation of improvements (wall and trash enclosure) shall be at applicant's expense. Department of Public Works: 13. Size, number and location of driveways to public works specifications. 14. Only one driveway approach(es) will be allowed to serve this property. Size and location to public works specifications. 15. Alley surface condition to be improved per department of public works satisfaction. -2- PLANNING COMMISSION RESOLUTION NO. 965 16. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 17. Landscaping maintenance on frontage road (adjacent to sidewalk) shall be provided by the owner. 18. Reconstruction of existing curb face to 8" heighth, installation of 6' curb sidewalk. 19. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to issuance of building permits. -3-