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Home My WebLink AboutCC RES 89-032RES�.VIZCN AA. 8 9- 3 2 A RESOLUTZON OF TI-IE CITY COUNCIL OF THE CITY OF PAI�'I DESERT, CALIFC�RNIA, APPROVING A NEGATIVE DECLARATION OF ENVIROI�A'�NTAL IMPACT FOR A PRECISE PLAN AI�ID A SET�C.�C VARIANCE FOR A 2650 SQUARE F'00'P OFFICE ON A 7280 SQUARE F'00`P L�C7P ON THE EAST SIDE OF MONTEREY AVENUE, 800 FE�,�P SOU`I'H OF FRID WARING DRIVE. CASE NOS. PP 89-2, VAR 89-1 Wf-IEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of April, 1989, hold a duly noticed public hearing to consider a request by O. MICHAEL HO[�M�IE �or approval of a negative declaration of environmental impact, precise plan, and a setback variance for a 2650 square foot office on a 7280 square foot lot on the east side of Monterey Avenue, 800 feet south of FYed Waring Drive; and Wf�REAS, said application has canplied with the requiresnents of the "City of Palm Desert Prncedure for Implementation of the California �vironmental Quality Act, Resolution No. 80-89," in that the director of ca�nuzity develognent has determined that the project will rx�t have an adverse impact on the environrnent and a negative declaration has been prepared; and WE�RE'.AS, at said public hearing, upon hearing and considering all testimony and argun�,nts, if any, of all ,interested persons desiring to be heard, said city council did find the follawing facts and reasons to exi.st to justify granting approval of said precise plan and variance: l. The 65 foot lot depth in the area is unique within the O.P, zone. 2. The stxict application of the setback require�nents preclude viable develogn�rit of the parcel and prevents impl�nentation of the Palma Village Specific Plan goal for att�ractive quality development on Nbnterey. 3. The strict and literal interpretation of the O.P. standards create an unreasonable hardship by precluding logical development of the site. 4. Due to the nature of the averall design, the proposed project will still ac.hieve the goals of the O.P. zone setbacks which are the creation of an attractive streetscape, buildings c�npatible with adjacent single family hcrnes, and will not represent a threat to the public health, safety or general welfare. NOW, TfiEREFORE, BE IT RESOLVID by the City Council of the City of Palm Desert, California, as follaws: 1. That the above recitations are true and correct and constitute the findings of the council in this case. e RESOLUrIUN I�. 8 9- 3 2 i 2. That a negative declaration of environmP,ntal impact F�hibit "A", Precise Plan 89-2 and VAR 89-1 on file in the depar�nent of c�xnrnuzity development/planning is hereby appraved. PASSID, APPROVID and ADOPTm at a regular meeting of the Pa]m Desert City Council, held on this 13th day of April , 1989, by the follawing wte, to wit: AYES: NOES: ABSQVT : ABSTAIN: BENSON, CRITES, KELLY, SNYDER, WILSON NONE NONE NONE � . /� �. . �/ �` �. � �, � SHEZLA R. GILLIG�i, City City of Palm Desert, Cali /� �a RFSOLUPION N0. 89-32 •• �� . • ....,� . (7�SE N06. C/Z 89-3, PP 89-2, VAR 89-1 Deparbn�nt of Qxmnmity Develapt�ent: l. The developr�nt of the property shall confozm substantially with exhibits on file with the depar-trr�e.nt of ccmmunity developnent, as modified by the follawing conditions. 2. Prior to the issuance of a building permit for constxuction of any uses contemplated by this approval, the applicant shall first canplete all the procedural requirements of the city which include, but are rx�t limited to, architectural cami.ission and buildi.ng permit procedures. 3. Construction of a portion of said project shall carmence within one year from the date of final appraval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The develo�cnent 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 stated and federal statutes naw in force, or which hereafter may be in force. 5. Prior to issuance of a building permit for construction of any use aonte�lated by this appraval, the applicant shall first obtain pezmits and/or clearance from the follawing agencies: Riverside County Departrnent of Health Palm Desert Architectural Cannission City Fire Marshal Coachella Valley Water District 6. That prior to issuance of buildux� permit the awner (developer) provide the city with evidence that he has paid the reqtured school mitigation fee. 7. The roof hatch areas shall be equipped with steel hatches and inside locking devices to prevent forcible entxy. Departn�nt of Public Wo�r]{s: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of grading permit. 3 RFSOLLTI'ION ND . 8 9- 3 2 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of graduzg permit. 3. F�11 public impravements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. Subject ir�xrv�ents shall include, but not be limited to, the installation of a mirulrn�n 24 foot wide drive approach, installation of a dedicated deceleration lane for the project entrance and other improvements as may be required by the director of public wr�rks. 4. Offsite improvernea�t plans shall be reviewed and approved by the director of public works and a surety posted to guarantee the installation of all required offsite impravements prior to issuance of a grading permit. "As- built" plans shall be sutrnitted to, and approved by, the director of public 4x�rks prior to the acceptance of the imprave�zts by the city. 5. Al1 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 pernut. 6. Landscaping maintenance on Nbnterey Avenue shall be the responsibility of the property c�mer. 7. As required under Section 12.16 and 26.44 of the Palm Desert Municipal � Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall sut�nit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated constxuction costs for the subject undergrnunding. 8. In accordance with Palm Desert Municipal Code CZzapter 27, �lete grading plans and specifications shall be sutimitted to the director of public works for checkic� and approval prior to the issuance of any permits associated with this project. 9. Any and all offsite improv�znents shall be preceded by the appraval of plans by the director of public works and the issuance of valid encroachment permits by the departrne.nt of public works. 10. Pad elevations of the proposed structure are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. • 11. Prior to the approval of any plans or the issuance of any permits associated with this proposal, applicant shall secure the vacatian of the existing San Nicholas Avenue street right-of-way, subject to the retention of any and all public utility easen�nts and provisions for pedestrian access easements. 0 . �RESOLUrIC1N I�. 89-32 D►� 1�: Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NE�TIVE D�I.AI2ATICN CASE NUS: C/Z 89-3, PP 89-2, VAR 89-1 APPLIC'ANP/PRO.ZECP SPCXVSOR: O. Michael Hcmr►e P.O. Box 258 Palm Desert, CA 92261 PizOJDCP D�SQZIPTIQ�I/I�TIQd: A 2650 square foot single stozy office building on a 7280 square foot lot on the east side of Nbnterey Avenue, 800 feet south of FYed Waring Drive. The Director of the Department of Camiunity Develo�zt, City of Palm Desert, � California, has found that the described project will rx�t have a significant effect on the environment. A copy of the Initial Study has beP.n attached to c�ocument the reasons in support of this finduzg. Mitigation measures, if any, included in the project to avoid potentially significant eftects, may also be found attached. /� � RFSOLLTPIQN I�U . 8 9- 3 2 12. Applicant shall reconstruct the existing cul-de-sac on San Nicholas Avenue incozporating continued vehicular access to the existing residential units as well as continued pedestrian access to Nbnterey Avenue. Impravement plans for the reconstruction shall be approved by the director of public w�rks prior to the issuance of any pezmits associated with this project. Fire r��r,ai : 1. The fire depar�nent is required to set a minurnun fire flow for the remodel or construction of all cam�rcial buildings per Unifonn Fire Code Sec. 10.301C.. 2. Provide or show there exists a water system capable of praviding a potential fire flaw of 1500 gpm and the actual fire flaw available from any one hydrant connected to any given water mai.ri shall be 1500 gpn for 2 hours duration at 20 psi residual operating pressure. 3. A fire flaw of 1500 g�m for a 2 hour duration at 20 psi residual operating pressure must be available before any ccmbustible material is placed on the job site. 4. The required fire flaw shall be available fran a Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2"), located not less than 25' nor more than 150' fran any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed belaa 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification frcm the Palm Desert Camn.�nity Services District that hydrant( s) will be installed and will prodtzce the required fire flaw, or arrange field inspection by the fire departrnent prior to request for final inspection. 6. Certain designated areas will be required to be maintained as fire lanes. 7. Install portable fire extinguishers per NFPA Pa�izlet #10, but not less than 2AlOBC in rating. 8. Contact the fire departrnent for a final iilspection prior to occupancy. 9. All questions regardiuig the meaning of these conditions should be referred to the fire departrne,nt fire protection/irLspection staff. /� �