HomeMy WebLinkAboutRes No 1946PLANNING COMMISSION RESOLUTION NO. 1946
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN
OF DESIGN TO ALLOW THE REMODEL AND CONVERSION ON
AN EXISTING SINGLE-FAMILY RESIDENCE INTO A 1,722
SQUARE FOOT OFFICE LOCATED ON THE SOUTH SIDE OF
FRED WARING DRIVE, 480 FEET EAST OF SAN PASCUAL
AVENUE (A.P.N. 627-121-047).
CASE NO. PP 98-7
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of October, 1999, hold a duly noticed public hearing to a consider a request by
PERFECT BALANCE / LUIS PEREZ for 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. 97-18," in that the Director of Community Development has determined that the project
is 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 approval of said precise plan:
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 98-7 be granted for reasons subject to the
attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1946
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 5th day of October, 1999, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FINERTY, JONATHAN
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
ATTEST:
A,c-O—k 1
PHILIP DRELL, -cretary
Palm Desert Planning Commission
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SABBY JONATHA , C airperson
PLANNING COMMISSION RESOLUTION NO. 1946
CONDITIONS OF APPROVAL
CASE NO. PP 98-7
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 hereaTter 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 participate in a commercial recycling program as determined by the
City Environmental and Conservation Manager and applicable Waste Disposal
Company. 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 in
Section 25.58 of the zoning ordinance.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to architectural review commission submittal.
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PLANNING COMMISSION RESOLUTION NO. 1946
8. Final landscape plans shall comply with the parking lot tree planting master plan and
shall be approved by the Architecture Review Commission.
9. 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.
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.
11. The building shall be limited to 1,722 square feet and shall conform to standards in
Section 25.25 of the City's Zoning Ordinance.
12. Prior to issuance of building permit, applicant shall provide evidence of a recorded
mutual access easement with property to the west (A.P.N. 627-121-046).
13. Applicant shall install a 14 foot wide drive isle as approved by the Public Works
Department and the Fire Marshal.
14. Applicant shall install a 7 foot wide planter with 18 foot wide parking stalls along the
rear property line.
Department of Public Works:
15. 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.
16. 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, city standard
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PLANNING COMMISSION RESOLUTION NO. 1946
concrete drive approach and construction of an eight foot wide concrete sidewalk
along the property frontage. "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.
17. 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.
18. 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.
19. Landscaping maintenance on Fred Waring Drive shall be the responsibility of the
property owner.
20. 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.
21. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with only one driveway approach to be allowed to serve
this property. The driveway approach as shown on the project site plan is
acceptable.
22. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be approved or waived by the Department of Public Works prior to the issuance
of the grading permit.
23. Building pad elevation for the proposed development is subject to review and
approval in accordance with Section 27 of the Palm Desert Municipal Code.
24. In accordance with Palm Desert Municipal Code Section 3.44 the project shall be subject
to Transportation Uniform Mitigation Fees (TUMF). The subject fee shall be based on
the proposed change of use (single family residential to office professional) and is
estimated to be $ 4,089.07.
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