HomeMy WebLinkAboutRes No 1228PLANNING COMMISSION RESOLUTION N0. 1228
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT. CALIFORNIA, APPROVING A
PRECISE PLAN AND PARKING VARIANCE AND
RECOMMENDING APPROVAL TO CITY COUNCIL OF
ASSOCIATED STREET VACATION AND HEIGHT EXCEPTION
TO ALLOW THE REMODEL AND 4050 SQUARE FOOT
EXPANSION OF AN EXISTING COMMERCIAL BUILDING
LOCATED AT THE SOUTHEAST CORNER OF EL PASEO AND
HIGHWAY 74.
CASE NO: PP 87-22, VAR. 87-1
WHEREAS. the Planning Commission of the City of Palm Desert, California,
did on the 2nd day of June 1987 hold a duly noticed public hearing to consider
approval of a precise plan and parking variance and associated street vacation
and height limit exception to permit the remodel and 4050 square foot expansion
of an existing commercial building located at the southeast corner of El Paseo
and Highway 74; and
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 community development has
determined that the project is a Class 2 categorical exception for purposes of
CEQA; and
WHEREAS. at said public hearing. upon hearing and considering all testi-
mony 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 and street vacation:
A. PRECISE PLAN:
1. The design of the proposed remodel and expansion will significantly
improve the overall quality and economic potential of the subject
as well as adjacent properties, and will therefore not depreciate
property values, restrict the lawful use thereof nor will it present
a threat to the public health. safety or welfare.
2. The design of proposed remodel will improve the area's pedestrian
retail environment consistent with the policies of the Commercial
Core Specific Plan.
B. VARIANCE FINDINGS:
1. The goal of the Palm Desert Commercial Core Specific Plan is to
enhance El Paseo's potential as a high quality pedestrian retail
district. The upgrading of this property as a gateway to El Paseo is
essential to that effort. The requested remodel cannot occur without
the requested variance.
PLANNING COMMISSION RESOLUTION NO. 1228
2. The building's existing design is incompatible with high quality
retailing and cannot be substantially corrected without some
additional floor area.
3. A literal interpretation and enforcement of the parking ordinance
would prevent the upgrading of this property and limit its use as a
retail building for which the C-1 Commercial Zone was created.
4. Current and past studies of parking demands for the existing building
and in the vicinity indicate that sufficient surplus capacity exists
to meet the needs of the expansion and prevent any detrimental
impacts to public health, safety or welfare.
C. STREET VACATION:
1. The proposed street right-of-way no longer serves a valid public
interest and could better contribute to the general welfare through
reversion to private property.
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 PP 87-22 and VAR. 87-1 are hereby approved subject to attached
conditions.
3. Associated street vacation and height limit exception is hereby
recommended to City Council for approval.
2
PLANNING COMMISSION RESOLUTION NO. 1228
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of June, 1987, by the following
vote, to wit:
AYES: DOWNS, LADLOW, RICHARDS, WHITLOCK $ ERW00D
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAMON A. DIAZ, Sec
/hs
3
/ 2./'/
4,RICHARD ERW00D, Chairman
1
r
PLANNING COMMISSION RESOLUTION N0. 1228
CONDITIONS OF APPROVAL
CASE N0. PP 87-22, VAR. 87-1
Department of Community Deve 1 opment :
1. Approval of Precise Plan subject to final City Council approval of
associated street vacation. Final design to be approved by director of
Public Works.
2. The development of the property shall conform substantially with exhibits
on file with the department of community development, as modified by the
following conditions.
3. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the
procedural requirements of the city which include, but are not limited
to, architectural commission and building permit procedures.
4. Construction of a portion of said project shall commence within one year
from the date of final approval unless a time extension 1s granted,
otherwise said approval shall become null, void and of no effect
whatsoever.
5. 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.
6. 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 Commission
City Fire Marshal
Coachella Valley Water District
Palm Desert Property Owner's Association
7. That prior to issuance of building permit the owner (developer) provide
the city with evidence that he has paid the required school mitigation
fee.
8. That the applicant enter into an agreement with the City guaranteeing
that the property will voluntarily be a part of the parking district
which may be established by the City, including the property in question.
4
PLANNING COMMISSION RESOLUTION N0. 1228
The form of this agreement shall be acceptable to the City Attorney and
shall run with the land. Under said district established to construct
additional off-street parking applicant shall be liable for the
construction costs of 7 parking spaces with a maximum liability of
$56,000 measured in 1987 dollars..
9. That the applicant shall execute mutual joint parking agreement with the
owners of the Galleria development guaranteeing access to the Galleria
lot.
/hs