HomeMy WebLinkAboutRes No 2297PLANNING COMMISSION RESOLUTION NO. 2297
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW GENERAL OFFICE USE IN A 4800
SQUARE FOOT BUILDING AT 44-911 CABRILLO AVENUE.
CASE NO. CUP 04-18
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of October, 2004, hold a duly noticed public hearing to consider the request of
Rutherford Real Estate, Inc. for the above mentioned use; 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.
02-60," in that the Director of Community Development has determined that the project is a
Class 5 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 the granting of said conditional use permit:
1. The proposed location of the conditional use is in accord with the objectives of the
zoning ordinance and the purpose of the district in which the site is located.
2. The proposed location of the conditional use and the conditions under which it will
be operated and maintained will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or improvements in the
vicinity.
3. The proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
4. The proposed conditional use complies with the goals, objectives, and policies of
the city's adopted general plan.
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.
PLANNING COMMISSION RESOLUTION NO. 2297
2. That approval of Conditional Use Permit 04-18 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 5th day of October, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
SABBY NATHAN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2297
CONDITIONS OF APPROVAL
CASE NO. CUP 04-18
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. Applicant must obtain all clearances, permits or licenses as required by the City's
Municipal Code including before the conditional use is deemed valid.
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Applicant shall install additional parking and upgrade the current parking area to City
standards prior to occupancy.
6. This conversion to an office shall comply with all fire code requirements as determined
by the Fire Marshal.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Section 26.44, complete grading
plans/site improvement plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to the issuance of any permits for the
parking lot area with an analysis of the drain at the south end of the existing parking lot.
Preliminary landscape plans shall be submitted concurrently with grading plans.
2. Landscape installation shall be water efficient in nature and maintenance shall be
provided by the property owner.
3. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of grading permits.
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PLANNING COMMISSION RESOLUTION NO. 2297
4. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
5. Project is subject to TUMF fees for the difference between occupancies.
6. Sidewalk is required along Cabrillo Avenue.
7. Turnaround space shall be provided at the end of the existing parking lot.
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