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HomeMy WebLinkAboutCC RES 97-097��'✓ -�oZ, �''omm�. RESOLUTION NO. 97-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE CONDITIONS OF APPROVAL FOR A PRECISE PLAN OF DESIGN FOR A 12,500 SQUARE FOOT SINGLE STORY OFFICE/MEDICAL BUILDING, A SETBACK VARIANCE FOR SAID BUILDINGS, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO, ALL LOCATED IN THE OFFICE PROFESSIONAL (O.P.) ZONE ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN MONTEREY AVENUE AND ACACIA DRIVE. CASE NOS. PP 97-8 AND VAR 97-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, has by its Resolution No. 1830 approved the above noted application subject to conditions; and WHEREAS, a timely appeal was filed to the action by the Planning Commission challenging certain conditions imposed by the Planning Commission; and WHEREAS, the City Council of the City of Palm Desert, did on the 23rd day of October, 1997, hold a duly noticed public hearing which was continued to November 13, 1997, to consider the appeal of certain conditions by 0. MICHAEL HOMME for the project described above; 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. 97-18," in that the Director of Community Development has determined that the project will not have a significant impact on the environment and a Negative Declaration has been prepared; and WHEREAS, at said public hearing, said City Council did find the following facts and reasons to exist to justify amendment to conditions relating to off site public improvements and undergrounding of utilities as prescribed in Planning Commission Resolution No. 1830: The needed level of public improvements (i.e., street widening, signal and storm drain relocation and bus turn out and shelter) exceed those necessitated by the proposed office project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Condition No. 3 of the Department of Public Works as delineated in Planning Commission Resolution No. 1830 be amended to read as follows: RESOLUTION NO. 97-97 "3. Full public improvements, 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 improvements shall include, but not be limited to, the installation of one drive approach on Acacia Drive, installation of a minimum six foot wide sidewalk on Acacia Drive and eight foot wide sidewalk on Fred Waring Drive and Monterey Avenue, and traffic signal and drainage system modifications as rr�ay be necessary, all to the satisfaction of the Director of Public Works. Except for driveway approach improvement on Acacia Drive, applicant shall not be responsible for these improvements." 3. That repayment of the funds forwarded by the city to underground existing on- site power lines is hereby waived. 4. That except for the above noted amendments the approval by the Planning Commission of Case No. PP 97-8 and VAR 97-1 pursuant to Planning Commission Resolution No. 1830 is hereby affirmed. PASSED, APPROVED and ADOPTED at a regula� meeting of the Palm Desert City Council, held on this 13th day of November, 1997, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE � k'�� .� �1� ,�C��� � SHEILA R. GILLI , City Cler City of Palm Desert, California �a