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HomeMy WebLinkAboutRes No 1707PLANNING COMMISSION RESOLUTION NO. 1707 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 3680 SQUARE FOOT RESTAURANT BUILDING AT 74-011 HIGHWAY 111 IN THE C-1 S.P. ZONE. CASE NO. PP 95-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of October, 1995, hold a duly noticed public hearing to consider the request of the PALM DESERT REDEVELOPMENT AGENCY for the above; 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 have no significant 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 commission did find the following facts and reasons to exist to justify granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements 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. 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 95-6 is hereby granted, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1707 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of October, 1995, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PKILIP DRELL, Acting Secretary Palm Desert Planning Commission 2 SABBY JO AT N, Chairperson PLANNING COMMISSION RESOLUTION NO. 1707 CONDITIONS OF APPROVAL CASE NO. PP 95-6 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 Palm Desert Water & 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. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 3 PLANNING COMMISSION RESOLUTION NO. 1707 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 9. Applicant and/or successors agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant and/or successors shall maintain said landscaping for the life of the project. 10. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, School Mitigation, and Housing Mitigation fees. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. 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. 4. 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. 5. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. 6. 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. 7. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of a valid encroachment permit by the Department of Public Works. 4 PLANNING COMMISSION RESOLUTION NO. 1707 8. 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. 9. The alleyway access design shall provide a minimum width of twenty-four feet from Portola Avenue to the Easterly property boundary. The proposed parking stalls adjacent to the alleyway shall be designed at a full depth of twenty feet. 10. Building pad elevations for the proposed development are subject to review and approval in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Marshal: Project shall comply with all codes and regulations as required by the Riverside County Fire Marshal. 5