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HomeMy WebLinkAboutRes No 1701PLANNING COMMISSION RESOLUTION NO. 1701 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT AND PARKING ADJUSTMENT TO THE PRECISE PLAN OF DESIGN TO ALLOW THE REMODEL AND NET ADDITION OF 6362 SQUARE FEET OF RETAIL SPACE AND PARKING MODIFICATION TO REDUCE THE REQUIRED PARKING FROM 755 SPACES TO 699 SPACES ON A 14.06 ACRE SITE, ZONED PC(3) AND LOCATED AT THE NORTHWEST CORNER OF TOWN CENTER WAY AND HIGHWAY 111. CASE NO. PP 86-28 AMENDMENT #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October, 1995, hold a duly noticed public hearing to consider a request by FESTIVAL MANAGEMENT CORPORATION for approval of an amendment to an approved precise plan of design and parking adjustment to permit the remodel and net addition of 6362 square feet of retail space on a 14.06 acre site, zoned PC(3) and located on the west side of Town Center Way between Highway 111 and Fred Waring Drive; 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 proposed addition and remodel of the existing center is a class 1 categorical exemption for the purposes of CEQA. No further documentation is necessary; 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 amendment #1 and parking adjustment to reduce the required parking for the center from 755 to 699 spaces: 1. The design of the precise plan as amended will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The amended 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 amended precise plan will not endanger the public peace, health, safety or general welfare. 4. That the parking adjustment which will facilitate the remodel and addition will not impact on the public health, safety or general welfare. PLANNING COMMISSION RESOLUTION NO. 1701 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 86-28 Amendment #1 and parking modification to reduce the required parking spaces from 755 to 699 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1995, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, BEATY NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: PHILIP DREL, Acting SecrL'tary /Z PAUL BEATY, Vice Palm Desert Planning Commission 2 irperson PLANNING COMMISSION RESOLUTION NO. 1701 CONDITIONS OF APPROVAL CASE NO. PP 86-28 AMENDMENT #1 Department of Community Development: 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 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. That all conditions imposed on the original approval of PP 86-28, as delineated in City Council Resolution No. 86-92 shall continue to be in effect. 6. That all of the parking spaces which are impacted by this proposed remodel and addition shall meet the minimum size requirements of the ordinance. 7. That the new parking areas shall comply with the city parking lot tree requirements. 8. That Major 2, adjacent to Highway 111, shall comply with the required 32 feet setback of the ordinance unless the architectural review commission approves revised building elevations and recommends that the setback adjustment be granted, and that in no event shall the setback to the main wall be less than 30 feet from the property line. 3 PLANNING COMMISSION RESOLUTION NO. 1701 9. That a minimum of at least 685 parking spaces be provided. Department of Public Works: 1. In accordance with Palm Desert Municipal Code Chapter 27, complete grading/site improvement 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. 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 the grading permit. 4