HomeMy WebLinkAboutRes No 1725PLANNING COMMISSION RESOLUTION NO. 1725
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST BY MICHAEL FEDDERLY FOR A CONDITIONAL USE
PERMIT/PRECISE PLAN TO ALLOW CONVERSION OF A MOTEL
TO OFFICE USE IN AN EXISTING COMMERCIAL
DEVELOPMENT AT 73-768 LARREA STREET.
CASE NOS. CUP 96-4/PP 96-2
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of March, 1996, hold a duly noticed
public hearing to consider the request of MICHAEL FEDDERLY for approval
of a conditional use permit/precise plan to allow the conversion of a
motel to office use at an existing development at 73-768 Larrea Street,
more particularly described as:
APN 627-271-006
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. 95-105," in that the Director
of Community Development has determined that the project is a Class 3
categorical exemption for the purposes of CEQA; 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 of said conditional use
permit/precise plan:
1. The proposed location of the conditional use is in accord
with the objectives of the zoning ordinance and the purpose
of the district in which the site is located.
2. The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
4. The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted general plan.
5. The proposed renovations and improvements as delineated in
the staff report dated March 5, 1996 are sufficient to
warrant approval of the conditional use permit and precise
plan.
PLANNING COMMISSION RESOLUTION NO. 1725
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 Conditional Use Permit 96-4/Precise Plan 96-
2 is 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 5th day of March, 1996, by the
following vote, to wit:
AYES: CAMPBELL, FERGUSON, BEATY
NOES: JONATHAN
ABSENT: FERNANDEZ
ABSTAIN: NONE
ATTEST :
PHILIP DRELL,Secretary
Palm Desert Planning Commission
4? .
PAUL BEATY, ChairP eron
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PLANNING COMMISSION RESOLUTION NO. 1725
CONDITIONS OF APPROVAL
CASE NOS. CUP 96-4/PP 96-2
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. 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.
3. Prior to issuance of business license for operation of this
facility the applicant shall first obtain permits and/or
clearances from the following agencies:
City Fire Marshal
City Building Department
4. That the total area which may be converted to office professional
shall not exceed 5776 square feet.
row 5.
That the permitted uses in the office portion of this development
shall be limited to the following uses unless otherwise approved
by the Director of Community Development/Planning:
a) attorneys
b) accountants
c) tax preparers
d) real estate appraisers
e) architects and landscape architects
f) engineers
g) planners (city and financial)
h) design professionals
i) showroom (for design professionals)
j) other such uses deemed by the city to be low traffic
turn -over uses
6. That the existing swimming pool be removed/eliminated prior to
occupancy of any of the units for office purposes.
7. That the proposed elevation changes shall be completed prior to
occupancy of any of the units for office purposes.
8. That the applicant obtain a long term lease for use of at least 12
parking spaces from Union Bank in a location on that site to the
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PLANNING COMMISSION RESOLUTION NO. 1725
satisfaction of the city. Said lease to be for a period not less
than 10 years, renewable and non -cancelable. Evidence of
compliance of this lease requirement to be filed with the city
annually.
9. That the applicant pay TUMF in the amount of approximately $7422
which represents the difference between the motel use and the
proposed office use.
10. That the applicant comply with the provisions of Ordinance No.
473, the Art in Public Places ordinance.
11. That the applicant pay the commercial development low income
housing fee pursuant to Resolution No. 90-130 (.50 per square foot
for professional offices).
12. Applicant shall participate in the El Paseo Assessment District if
the property is within the geographic boundaries of that district.
13. That this case be reviewed at a noticed public hearing before
Planning Commission prior to March 20, 1999 and at least every
three years thereafter.
Department of Public Works:
1. 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. Such
improvements shall include, but not be limited to:
* Removal of existing parking area along Larrea Street and
construction of standard curb and gutter. The
implementation of this requirement shall be prior to
City Council adoption of the proposed change of zone.
* Construction of a minimum six foot wide concrete
sidewalk along San Luis Rey Avenue and Larrea Street.
2. Applicant shall provide required on site parking with 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.
3. In accordance with Palm Desert Municipal Code Chapter 27, complete
grading/site improvement plans and specifications shall be
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PLANNING COMMISSION RESOLUTION NO. 1725
submitted to the Director of Public Works for checking and
approval prior to the issuance of any permits associated with this
project.
4. Size, number and location of driveways shall be subject to the
approval of the Department of Public Works.
5. 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.
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