HomeMy WebLinkAboutRes No 1746PLANNING COMMISSION RESOLUTION NO. 1746
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A
CONDITIONAL USE PERMIT, AND A VARIANCE TO ALLOW
CONSTRUCTION OF A 33 SPACE PARKING LOT ON A 14,899
SQUARE FOOT PARCEL AT THE SOUTHWEST CORNER OF
PORTOLA AVENUE AND SHADOW MOUNTAIN DRIVE IN THE R-
3 13,000 (3) ZONE.
CASE NOS. CUP 96-15, VAR 96-1
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 18th day of June, 1996, hold a duly noticed
public hearing to consider the request of DENISE ROBERGE for approval
of 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. 95-105," in that the Director
of Community Development has determined that the project will not have
a significant impact on the environmental 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 the granting of said conditional use permit
and variance:
Conditional Use Permit:
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.
Variance:
1. The practical difficulties or unnecessary physical hardships
inconsistent with the objectives of this ordinance that would
result if the variance is not granted.
PLANNING COMMISSION RESOLUTION NO. 1746
2. That exceptional or extraordinary circumstances or conditions
that apply to that property that do not apply generally to
other properties in the same zone was established to the
satisfaction of the commission.
3. That the strict or literal interpretation and enforcement of
the specified regulation will deprive the applicant of
privileges enjoyed by the owners of other properties in the
same vicinity and zone.
4. That the commission is satisfied that the granting of the
variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or
improvements in the vicinity.
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 96-15 and VAR 96-1 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 18th day of June, 1996, by the
following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHIL�IP DRELL3'--Se'er
Palm Desert Vanning Commission
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72 V 47/
PAUL R. BEATY, Chairson
PLANNING COMMISSION RESOLUTION NO. 1746
CONDITIONS OF APPROVAL
CASE NOS. CUP 96-15 AND VAR 96-1
Department of Community 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. 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. A detailed parking lot plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be
prepared by a qualified lighting engineer.
6. All sidewalk plans shall be reviewed and approved by the
department of public works prior to architectural review
commission submittal.
7. The project shall be subject to all applicable fees at time of
issuance of permits including, but not limited to, Art in Public
Places, TUMF and school mitigation fees.
8. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
an agreement to maintain said landscaping for the life of the
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PLANNING COMMISSION RESOLUTION NO. 1746
project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors via
and assigns.
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, minimum six
foot wide concrete sidewalk and a single minimum twenty-four foot
wide drive approach. "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.
2. 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. Parking lot design standards
shall be in accordance with City of Palm Desert Planning
Commission Resolution Number 725.
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3. 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.
4. Size, number and location of driveways to the specifications of
the Department of Public Works with only one driveway approach
serving this property. Subject driveway shall be located on
Shadow Mountain Drive approximately at the mid -point of the
property.
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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PLANNING COMMISSION RESOLUTION NO. 1746
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section
15070) of the California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: CUP 96-15, VAR 96-1
APPLICANT/PROJECT SPONSOR:
Denise Roberge
73-520 El Paseo
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION: A 33 space parking lot on a 14,899
square foot parcel at the southwest corner of Portola Avenue and Shadow
Mountain Drive in the R-3 13,000 (3) zone.
The Director of the Department of Community 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.
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.�-- �'`�-': n l 0 June 18, 1996
PHILIP DR LL -...DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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