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HomeMy WebLinkAboutRes No 1343P.LAANIlN3 CCNVISSION RESOLUTION NO. 1343 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM R- 2 (7) TO 0.P. AND A SETBACK VARIANCE FOR A 2650 SQUARE FOOT OFFICE ON A 7280 SQUARE FOOT LOT ON THE EAST SIDE OF MONTEREY AVENUE, 800 rhhE SOUTH OF FRED WARING DRIVE. CASE NOS. C/Z 89-3, PP 89-2, VAR 89-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of March, 1989, hold a duly noticed public hearing to consider a request by 0. MICHAEL HOMME for approval of a negative declaration of environmental impact, a change of zone from R-2 (7) to 0.P. and a setback variance for a 2650 square foot office on a 7280 square foot lot on the east side of Monterey Avenue, 800 feet south of Fred Waring Drive; and WFMTEA.S, 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 an adverse impact on the environment and a negative declaration has been prepared; 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 catmission did find the following facts and reasons to exist to justify granting approval of said change of zone, precise plan and variance: 1. The proposed change of zone from residential to office professional is consistent with the Palma Village Specific Plan. 2. The 65 foot lot depth in the area is unique within the 0.P. zone. 3. The strict application of the setback requirements preclude viable development of the parcel and prevents implementation of the Palma Village Specific Plan goal for attractive quality development on Monterey. 4. The strict and literal interpretation of the 0.P. standards create an unreasonable hardship by precluding logical development of the site. 5. Due to the nature of the overall design, the proposed project will still achieve the goals of the 0.P. zone setbacks which are the creation of an attractive streetscape, buildings compatible with adjacent single family banes, and will not represent a threat to the public health, safety or general welfare. PLANNING C MIIISSION RESOUJ ION NO. 1343 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 a negative declaration of environmental impact Exhibit "A" and approval of Change of Zone 89-3, Precise Plan 89-2 and VAR 89-1 on file in the department of community development/planning is hereby approved, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Carmission, held on this 21st day of March, 1989, by the following vote, to wit: AYES: DOWNS, WHITLOCK, AND ERWOOD NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE ATTEST: RAMON A. DIAZ, Sec et /tm 2 Imp PLANNING OCdVI<SSION RESOLUTION NO. 1343 OCNDITIONS OF APPRCUAL CASE NOS. C/Z 89-3, PP 89-2, VAR 89-1 Department ofulity 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. 2. 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. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension 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 stated and federal statutes now in force, or which hereafter may be in force. tom 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District 6. That prior to issuance of building permit the owner (developer) provide the city with evidence that he has paid the required school mitigation fee. 7. The roof hatch areas shall be equipped with steel hatches and inside locking devices to prevent forcible entry. Department of Public Worrks: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of grading permit. 3 PLANNING COMMISSION RESOLUTION NO. 1343 2. 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. 3. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. Subject improvements shall include, but not be limited to, the installation of a minimum 24 foot wide drive approach, installation of a dedicated deceleration lane for the project entrance and other improvements as may be required by the director of public works. 4. Offsite improvement plans shall be reviewed and approved by the director of public works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As - built" plans shall be submitted to, and approved by, the director of public works 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 paid prior to the issuance of a grading permit. 6. Landscaping maintenance on Monterey Avenue shall be the responsibility of the property owner. 7. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 8. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to the issuance of any permits associated with this project. 9. Any and all offsite improvements shall be preceded by the approval of plans by the director of public works and the issuance of valid encroachment permits by the department of public works. 10. Pad elevations of the proposed structure are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 11. Prior to the approval of any plans or the issuance of any permits associated with this proposal, applicant shall secure the vacation of the existing San Nicholas Avenue street right-of-way, subject to th rtention of any and all public utility easements and provisions for pedestrian access easements. 4 PLANNIN3 CCM'IISSION RESOLiTrION NO. 1343 12. Applicant shall reconstruct the existing cul-de-sac on San Nicholas Avenue incorporating continued vehicular access to the existing residential units as well as continued pedestrian access to Monterey Avenue. Improvement plans for the reconstruction shall be approved by the director of public works prior to the issuance of any permits associated with this project. Fire Marshal: 1. The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Cbde Sec. 10.301C.. 2. Provide or show there exists a water system capable of providing a potential fire flow of 1500 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpn for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gin for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available fran a Super hydrants) (6" x 4" x 2 1/2" x 2 1/2"), located not less than 25' nor more than 150' from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the Palm Desert Community Services District that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 6. Certain designated areas will be required to be maintained as fire lanes. 7. Install portable fire extinguishers per NFPA Pamphlet #10, but not less than 2A10BC in rating. 8. Contact the fire department for a final inspection prior to occupancy. 9. All questions regarding the meaning of these conditions should be referred to the fire department fire protection/inspection staff. /tn 5 PLANNING CCNNIISSION RESOLUTION NO. 1343 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: C/Z 89-3, PP 89-2, VAR 89-1 APPLICANT/PROJECT SPONSOR: O. Michael Bonne P.O. Box 258 Palm Desert, CA 92261 PROJECT DaTICN/LOCATICN: A 2650 square foot single story office building on a 7280 square foot lot on the east side of Monterey Avenue, 800 feet south of Fred Waring Drive. The Director of the Department of Community unity Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. n "'e v :.56v>✓y'7,,, ,.i. W - March 21, 1989 RAMON A. DIAZ DATE DIRECTOR OF OXI AJNITY y� F 1ENT 6