HomeMy WebLinkAboutRes No 2043PLANNING COMMISSION RESOLUTION NO. 2043
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN
AMENDMENT AND CHANGE OF ZONE FROM SERVICE
INDUSTRIAL (S.I.) TO GENERAL COMMERCIAL AND A PRECISE
PLAN OF DESIGN FOR A MIXED USE COMMERCIAL COMPLEX
LOCATED ON 2.35 ACRES ON THE SOUTHEAST CORNER OF
COOK STREET AND GREEN LANE (NORTH).
CASE NOS. GPA 00-07, C/Z 00-10, PP 00-23
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of February, 2001, hold a duly noticed public hearing to consider the request
of LAKESIDE PROPERTIES for approval of the above noted cases; 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. 00-24," in that the Director of Community Development has determined that the project
will not have a significant adverse impact on the environment and a Negative Declaration
of Environmental Impact 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 recommending to City Council
approval of said request:
1. The site is suitable for the General Commercial General Plan designation.
2. The zone change to C-1 will be consistent with the general plan amendment.
3. The land use resulting from the change of zone would be compatible with
adjacent land uses.
4. The precise plan is consistent with the intent and purpose of the General
Commercial zone.
5. The design of the precise plan and the manner in which it will be operated will
not substantially depreciate property values, nor be materially injurious to
properties or improvements in the vicinity.
6. The precise plan of design will not unreasonably interfere with the use or
enjoyment of property in the vicinity by the occupants thereof for lawful
purposes.
PLANNING COMMISSION RESOLUTION NO. 2043
7. The precise plan 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 General Plan Amendment 00-07 (Exhibit B attached hereto),
Change of Zone 00-10 (Exhibit C attached hereto) and Precise Plan 00-23 are
hereby recommended to City Council, subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact (Exhibit A attached
hereto), is recommended for certification.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 20th day of February, 2001, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Q
PHILIP DRELL,)tecretary
Palm Desert PI nning Commission
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PLANNING COMMISSION RESOLUTION NO. 2043
CONDITIONS OF APPROVAL
CASE NOS. GPA 00-07, C/Z 00-10, PP 00-23
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. 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 and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10. Method of compliance shall be established prior to completion of the
Architectural Review Commission process.
7. 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
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PLANNING COMMISSION RESOLUTION NO. 2043
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.
Department of Public Works:
1. 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.
2. 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.
3. 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 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 approaches.
4. 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.
5. Landscaping maintenance on Cook Street and Green Way shall be the responsibility of
the property owner.
6. Size, number and location of driveways to the specifications of the Department of Public
Works with four driveway approaches to serve this property.
7. 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.
8. 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.
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PLANNING COMMISSION RESOLUTION NO. 2043
9. Proposed building pad elevations are subject to review and modification in accordance
with Section 27 of the Palm Desert Municipal Code.
10. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment
of said fees shall be at time of building permit issuance.
11. 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.
Riverside County Fire Department:
Compliance with conditions required by the Riverside County Fire Department.
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PLANNING COMMISSION RESOLUTION NO. 2043
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
MITIGATED NEGATIVE DECLARATION
CASE NOS: GPA 00-07, C/Z 00-10, PP 00-23
APPLICANT/PROJECT SPONSOR:
Lakeside Properties
920 Emerald Bay
Laguna Beach, CA 92651
PROJECT DESCRIPTION/LOCATION: A 27,116 square foot mixed use commercial complex
located on 2.35 acres at the southwest corner of Cook Street and Green Lane (north).
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.
ar 20. 2001
• PHILIP DRE111 DAT
DIRECTOR OF COMMUNITY DEVELOPMENT
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