HomeMy WebLinkAboutRes No 1264PLANNING COMMISSION RESOLUTION N0. 1264
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
SIDE -YARD VARIANCE AND A PRECISE PLAN OF DESIGN
TO ALLOW CONSTRUCTION OF A 1467 SQUARE FOOT
OFFICE BUILDING ON THE NORTHWESTERLY CORNER OF
HIGHWAY 111 (PALM DESERT DRIVE NORTH) AND
CABRILLO AVENUE.
CASE NOS. PP 87-32 AND VAR 87-3
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 1st day of December, 1987, hold a duly noticed public hearing to
consider the request of MIRALESTE INVESTMENT CORPORATION for the above
mentioned project; 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. 80-89," in that the director of community
development has determined that the project will not have a significant
environmental impact and a negative declaration is hereby certified; 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 planning commission did find the following facts and reasons to
exist to justify granting approval of said precise plan and variance:
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. That 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.
5. 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.
6. 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.
PLANNING COMMISSION RESOLUTION NO. 1264
7. 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. (Ord. 99
SI(part), 1975: Exhibit A 525.39-5.07).
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 87-32 and Variance 87-3 are 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 1st day of December, 1987, by the following
vote, to wit:
AYES: DOWNS, LADLOW, WHITLOCK, AND RICHARDS
NOES: NONE
ABSENT: ERWOOD
ABSTAIN: NONE
ATTEST:
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R CHARDS, Vice Chairman
PLANNING COMMISSION RESOLUTION NO. 1264
CONDITIONS OF APPROVAL
CASE NOS. PP 87-32 AND VAR 87-3
Department of Community Development/Planning:
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
Palm Desert Water 8 Services 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. Trash provisions shall be approved by applicable trash company and city
prior to issuance of building permit.
6. Project shall pay fees as determined by Desert Sands Unified School
District.
7. A three foot wall or berm shall be erected within the landscaped area
north of the parking spaces to adequately screen cars.
Department of Public Works:
1. Drainage and signalization fund fees, as required by city ordinance, shall
be paid prior to grading permit issuance.
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PLANNING COMMISSION RESOLUTION N0. 1264
2. Storm drain construction shall be contingent upon a drainage study by the
private engineer that is approved by the department of public works.
3. Full public improvements, including traffic safety lighting, as required
by ordinance and the director of public works, shall be installed in
accordance with city standards.
4. Complete improvement plans and specifications shall be submitted, as
required by ordinance, to the city engineer for checking and approval
before construction of any improvements is commenced. The engineer shall
submit "as -built" plans prior to the acceptance of the improvements by the
city.
5. All private driveways and parking lots shall be inspected by the
engineering department and a standard inspection fee shall be paid prior
to grading permit issuance.
6. Landscaping maintenance on Palm Desert Drive North, Cabrillo Avenue and
Alessandro Drive shall be provided by the property owner.
7. Existing utilities on Alessandro Drive shall be undergrounded per each
respective utility district's recommendation. If determined to be
unfeasible applicant shall agree to participate in any future utility
undergrounding district.
8. 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.
9. Dedication of five feet of right-of-way on Alessandro Drive shall be done
prior to issuance of any permits and approval of plans.
10. Installation of curb and gutter, matching paving and six-foot wide
sidewalk on Alessandro Drive and Palm Desert Drive North.
11. Offsite improvement plans to be approved by public works department and a
surety posted to guarantee the required offsite improvements prior to
grading permit issuance.
12. Size, number and location of driveways to public works specifications
with only one driveway approach to be allowed to serve this property.
13. Any and all off -site improvements shall be preceded by the approval of
plans and the issuance of valid encroachment permit(s) by the department
of public works.
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PLANNING COMMISSION RESOLUTION NO. 1264
14. 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 the grading permit.
City Fire Marshal:
1. Install a water system capable of delivering 1500 GPM fire flow from any
fire hydrant for a two hour duration in addition to domestic supply.
The computation shall be based upon a minimum of 20 psi residual operating
pressure in the supply main from which the flow is measured at the time
of measurement.
2. Install Riverside County super fire hydrants so that no point of any
building is more than 200 feet from a fire hydrant measured along approved
vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted
chrome yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each
hydrant.
c. hydrants shall not be located closer than 25 feet to any building.
3. Provide written certification from Water District that hydrant will be
installed and will produce required fire flow.
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