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Home My WebLink AboutRes No 1984PLANNING COMMISSION RESOLUTION NO. 1984 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AN AMENDMENT TO THE PRECISE PLAN ALLOWING THE ADDITION OF 11,492 SQUARE FEET TO AN EXISTING FURNITURE STORE LOCATED AT 72-111 HIGHWAY 111. (A. P. N. 618-280-037). CASE NO. PP 87-7 AMENDMENT #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of April, 2000, hold a duly noticed public hearing to a consider a request by SHEILA WEINSTOCK/LEGACY HOME FURNISHINGS for the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution No. 00-24," 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 amendment to the precise plan: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the amended precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The amended 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 amended 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, Califomia, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. PLANNING COMMISSION RESOLUTION NO. 1984 2. That approval of the Precise Plan 87-7 Amendment #1 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 18th day of April, 2000, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: w F PHILIP DRELL ecretary Palm Desert PIa nin g Commission #----f 2. PAUL R. BEATY, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1984 CONDITIONS OF APPROVAL CASE NO. PP 87-7 Amend. 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 Review Commission Riverside County Fire Marshal Palm Desert 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 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 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. 3 PLANNING COMMISSION RESOLUTION NO. 1984 8. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. Final landscape plans shall comply with the parking lot tree planting master plan. 10. 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. 11. 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. 12. The project's setbacks shall conform to standards in Section 25.34 of the City's Zoning Ordinance. 13. Prior to issuance of construction permits, the applicant must provide evidence of approval from the City of Rancho Mirage for construction of 9 off-street parking spaces generally located at the west end of the adjacent parcel known as A.P.N. 618-280-038. Said parking spaces shall be deed restricted for use by the owner/occupant of the subject property (A.P.N. 618-280-037). Prior to issuance of certificate of occupancy for the new addition, the 10 parking spaces must be constructed and ready for use. Department of Public Works: 14. 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. 15. 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. 16. 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 PLANNING COMMISSION RESOLUTION NO. 1984 17. 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. 18. 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. 19. Building pad elevations for the proposed development are subject to review and approval in accordance with Section 27 of the Palm Desert Municipal Code. 20. The applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. Riverside County Fire Department: 21. Install a complete NFPA 13 fire sprinkler system throughout the complete building, this will include any areas that currently are not protected by fire sprinklers. 5 PLANNING COMMISSION RESOLUTION NO. 1984 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 87-7 Amendment #1 APPLICANT/PROJECT SPONSOR: SHEILA WEINSTOCK 7071 CONSOLIDATED WAY SAN DIEGO, CA 92121 PROJECT DESCRIPTION/LOCATION: Amendment to the precise plan to add 11,492 square feet of showroom space to the existing 17,671 square foot fumiture store. The subject property is located at 72-111 Highway 111 and is also referred to as A.P.N. 618-280-037. The Director of the Department of Community Development, City of Palm Desert, Califomia, 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. Aylril 18, 2000 PHILIP DRE L DATE DIRECTOR F COMMUNITY DEVELOPMENT 6