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HomeMy WebLinkAboutRes No 1881turf PLANNING COMMISSION RESOLUTION NO. 1881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN 11,957 SQUARE FOOT OFFICE AND STUDIO ADDITION AT KESQ TV ON TWO LOTS ON THE EAST SIDE OF MELANIE PLACE IMMEDIATELY NORTH OF THE EXISTING KESQ FACILITY AT 42-650 MELANIE PLACE, ALSO KNOWN AS APN 634-142-004 & 003. CASE NO. PP/CUP 98-1 1 (REVISED) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of August, 1998, hold a duly noticed public hearing to consider the request of MELANIE PLACE PARTNERS for approval of a precise plan/conditional use permit to allow construction of an 11,957 square foot office and studio addition at KESQ TV including six compact spaces on two lots on the east side of Melanie Place immediately north of the existing KESQ facility at 42-650 Melanie Place, also known as APN 634-142-004 and 003; 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 o... No. 97-18," in that the Director of Community Development has determined that the project will not have a significant effect 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. PLANNING COMMISSION RESOLUTION NO. 1881 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/Conditional Use Permit 98-11 (Revised) 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 4th day of August, 1998, by the following vote, to wit: AYES: BEATY, FERNANDEZ, FINERTY, CAMPBELL NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: AA-•Qt PHILIP DRELL, Secretary Palm Desert Planning Commission 2 SONIA M. CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 1881 CONDITIONS OF APPROVAL CASE NO. PP/CUP 98-11 (REVISED) 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. Applicant shall expand the existing trash service area to accommodate the commercial recycling program pursuant to the ordinance. 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. That the applicant shall provide a minimum of five (5) additional parking spaces on the property immediately adjacent to the north (APN 634-142-003). Said improvements to include full curb, gutter and landscape improvements and pedestrian 3 PLANNING COMMISSION RESOLUTION NO. 1881 connection to the KESQ TV site. Said parking spaces to be deed restricted to use by owner/occupant of the improvements contained on APN 634-142-004. Said deed restriction to be recorded against the title prior to occupancy permit being issued for the KESQ TV expansion. 7. All future occupants of the buildings shall comply with parking requirements of Section 25.58 of the zoning ordinance. 8. 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. 9. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 10. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 11. Final landscape plans shall comply with the parking lot tree planting master plan. 12. 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 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. 13. 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, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 4 PLANNING COMMISSION RESOLUTION NO. 1881 Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 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. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. All public improvements shall be inspected by the Department of Public works and a standard inspection fee shall be paid prior to the issuance of any permits associated with this project. tow 5. 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 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. lam 6. 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. 7. Landscaping maintenance on Melanie Place shall be the responsibility of the property owner. 5 PLANNING COMMISSION RESOLUTION NO. 1881 8. 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. 9. Size, number and location of driveways to the specifications of the Department of Public Works with one driveway approach to serve this property. 10. 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. 11. 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. 12. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 14. Applicant shall comply with the provisions of Municipal Code Section 24. 12, Fugitive Dust (PM10) Control as well as Section 24.20, Stormwater Management and Discharge Control. 6 PLANNING COMMISSION RESOLUTION NO. 1881 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP/CUP 98-1 1 REVISED APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: MELANIE PLACE PARTNERS 73-441 Mariposa Drive Palm Desert, CA 92260 A precise plan/conditional use permit to allow construction of an 11,957 square foot office and studio addition at KESQ TV on two lots on the east side of Melanie Place immediately north of the existing KESQ facility at 42-650 Melanie Place, also known as APNs 634-142- 004 & 003. 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. • 'AgusL 4, 1998 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 7