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HomeMy WebLinkAboutCC RES 82-112r CITY COUNCIL RESOLUTION NO. 82-112 � � , 't� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MODIFICATION OF CERTAIN CONDITIONS IMPOSED ON THE ORIGINAL DEVELOPMENT PLAN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A REGIONAL SHOPPING CENTER LOCATED AT 'THE NORTHEAST CORNER OF EL PASEO AND HWY 111. CASE NO. DP 12-79 (AMENDMENT) WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of August, 1982, hold a duly noticed public hearing to consider a request by DESERT VILLAGE ASSOCIATES (E.W. HAHN, INC., GENERAL PARTNER) for modification of certain conditions imposed on the original development plan and negative declaration of environmental impact for the Palm Desert Town Center in the PC (3) S.P. and R-3 (9) S.P. zones, located at the northeast corner of El Paseo and Highway 111, more particularly described as: Parcel 1, PM 15723 WHEREAS, the Palm Desert Planning Commission, by Resolution No. 812, has approved certain amendments to ailow an increase in gross leasable area from 750,000 square feet to 796,500 square feet subject to conditions. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project will not have a significant adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering al! testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify its actions, as described below: l. Notwithstanding the modification to certain conditions relating to public improvements, the proposed project generally conforms to the intent and purpose of the PC and R-3 zone district. 2. Notwithstanding the modification to certain conditions relating to public improvements, the proposed location of the use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 3. Notwithstanding the modification to certain conditions relating to public improvements, the proposed location of the 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 improvemenis in the vicinity. 4. Notwithstanding the modification to certain conditions relating to public improvements, the proposed use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. Notwithstanding the modification to certain conditions relating to public improvements, the proposed use complies with the goals, objectives, and policies of the city's adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. 2. 3. That the above recitations are true and correct and constitute the findings of the council in this case. That the City Council does hereby approve modifications to certain conditions imposed in the original development plan as delineated in Exhibit "A" attached hereto. That a negative declaration of environmental impact is hereby certified. � CITY COUNCIL RESOLUTION NO. 82-112 0 PASSED, APPROVED and ADOPTED by the Palm Desert City Council this 12th day of Au ust, 1982, by the following vote, to wit: AYES: NOE5: ABSENT: ABSTAIN: Newbrander, Puluqi, Snyder and Wilson None Mc Pher son None � ATTEST: . SHEILA R. GILLI N, City Cl City of Palm Desert, Californ /pa ,J,J �� � N CITY COUNCIL RESOLUTION NO. 82-112 CONDITIONS OF APPROVAL CASE NO. DP 12-79 (AMENDMENT) Department of Environmental Services: 1. The development of the property shall conform substantially with exhibits on file with the department of environmental services, as modified by the following conditions. 2. Prior to the issuance of a, building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, design review and building permit procedures. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to allow 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at tt�e time of issuance of a building permit for the use contemplated herewith. 5. All previous conditions of approval which apply to this property shall be met. 6. Approval shall be subject to amendment of parking lot standards regarding compact car stalls and adoption of ZOA 07-82. 7. Gross leasable floor area is approved for 796,500 sq.ft. up from the previously approved 750,000 sq.ft. 8. Landscape material along El Paseo where planter width is reduced from 30 feet to 20 feet shall be significantly increased. /pa -3- RESOLUTION NO. 82-112 EXHIBIT "A" 1. The cost of construction for the widening of the bridge on Highway 111 and the Palm Valley Channel shall be proportionately shared by the applicant and properties which will develop on both sides of Highway 111, between E1 Paseo and the westerly city boundary. r� 2. Applicant shall bond for the construction of a storm drain from the onsite retention ` basin and the Palm Valley Channel at the time building permits for the fifth major , department store, identified as Building 3 in approved development plan, have been ; issued. The storm drain shall be constructed within five years or at such time as the retention basin area is used for purposes other than retention of drainage.