HomeMy WebLinkAboutRes No 2440PLANNING COMMISSION RESOLUTION NO. 2440
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A RESIDENTIAL LOT TO BE USED AS A PARKING
LOT FOR 18 ADDITIONAL PARKING SPACES TO AN EXISTING
OFFICE COMPLEX. THE PROPERTY IS LOCATED AT 74-039 SAN
MARINO CIRCLE.
CASE NO: CUP 06-11
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 17t day of April, 2007, hold a duly noticed public hearing to consider the request
by Gregory & Gregory L.L.C. for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined
that this 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
request:
CONDITIONAL USE PERMIT FINDINGS OF APPROVAL
1. The proposed parking lot is in accord with the City's General Plan, Zoning
Ordinance and Palma Village Specific Plan.
2. The proposed location of the parking lot will not be detrimental to the
public health, safety, welfare, or be materially injurious to the surrounding
properties. The proposed improvements for the parking lot will enhance
the neighborhood by providing new landscaping around the existing
single-family homes.
3. The proposed parking lot complies with all of the development standards
of the City's Zoning Ordinance.
4. The proposed parking lot complies with the Palma Village Specific Plan
and the City's General Plan, which encourage residential lots to be used
for office parking lots within the Palma Village Plan.
PLANNING RESOLUTION NO. 2440
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 Planning Commission in this case.
2. That the Planning Commission does hereby approve Conditional Use
Permit 06-11 subject to conditions attached
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 17th day of April, 2007, by the following vote, to wit:
AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
•
SONIA M.
CA
MPBELL, Chairperson
2
PLANNING RESOLUTION NO. 2440
CONDITIONS OF APPROVAL
CASE NO. CUP 06-11
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. Construction of said project shall commence within one (1) year 1 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. 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
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.
4. 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.
5. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
6. If off-street lighting is proposed for the project, the applicant shall submit
separately from the building plans a detailed parking lot and building lighting plan
to staff for approval. The plan is subject to applicable lighting standards and shall
be prepared by a qualified lighting engineer.
3
PLANNING RESOLUTION NO. 2440
Department of Public Works:
1. All landscape maintenance on property frontages shall be performed by the
property owner.
2. A standard inspection fee shall be paid prior to issuance of grading permits.
3. Any storm drain design and construction shall be contingent upon a drainage
study prepared by a register civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
4. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
5. Improvement plans for utility systems shall be approved by the respective
provider or service district with "as -built" plans submitted to the Department of
Public Works prior to project final. Utility Plans shall be submitted to the Public
Works Department for improvements in the public right of way.
6. 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.
7 Pad elevations are subject to further review and modification in accordance with
Chapter 27 of the Palm Desert Municipal Code.
8. Project shall retain nuisance waters onsite.
9. All new landscaping installation shall be drought tolerant in nature.
10. Landscape plans shall be submitted for review concurrently with grading plans.
11. All public improvements shall be inspected by the Department of Public Works
and a standard inspection fee shall paid prior to issuance of grading permits. No
occupancy permit shall be granted until public improvements have been
completed.
12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, General Plan Circulation Element and as shown on the
proposed street cross sections, shall be installed in accordance with applicable
City standards including the following:
• Applicant shall fill in the existing curb cut on San Marino Circle.
4
PLANNING RESOLUTION NO. 2440
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the city prior to the issuance of any permits
associated with this project.
13. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 26.40, Storm water management
and Discharge Control.
14. A Parcel Map Waiver is required to incorporate subject lot with existing project or
a reciprocal access and parking easement shall be recorded prior to issuance of
grading permits.
//
5