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HomeMy WebLinkAboutRes No 1813PLANNING COMMISSION RESOLUTION NO. 1813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL FOR A CHANGE OF ZONE FROM R-1 RESIDENTIAL TO OFFICE PROFESSIONAL AND PRECISE PLAN FOR THE CONVERSION OF A 1,581 SQUARE FOOT RESIDENCE INTO AN OFFICE. PROPERTY IS LOCATED AT 44-835 DEEP CANYON ROAD. CASE NO. PP 97-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of June, 1997, hold a duly noticed public hearing to a consider a request by ANDREW PIERCE/GARY LOHMAN of the above mentioned; 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 be a Class 3 categorical exemption for purposes of CEQA and 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 recommending approval of said precise plan to the City Council: PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the 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 97-7 be recommended to the Council for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1813 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of June, 1997, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: BEATY ATTEST: Sl'EF�HEN R`. SMITH', Acting Secretary Palm Desert Planning Commission MES USON, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1813 CONDITIONS OF APPROVAL CASE NO. PP 97-7 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 Review 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. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 7. Final landscape plans shall comply with the parking lot tree planting master plan and shall be approved by the Architecture Review Commission. 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 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 and assigns. The 3 PLANNING COMMISSION RESOLUTION NO. 1813 final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 9. 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. 10. The project's setbacks shall conform to standards in Section 25.25 of the City's Zoning Ordinance. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, 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. All private driveways and parking Tots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 4. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. 5. Any and all off -site 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. Subject improvements shall include but not be limited to city standard driveway and sidewalk installation. 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. 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 PLANNING COMMISSION RESOLUTION NO. 1813 8. Size, number and location of driveways shall be to the specifications of the Department of Public Works with two driveway approaches permitted to serve this property. 9. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 5