HomeMy WebLinkAboutCC RES 97-0996 3 -Oa 2.-�-
RESOLUTION NO. 97-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO
CONSTRUCT A 1,975 SQUARE FOOT OFFICE BUILDING FOR
PROPERTY LOCATED AT 44-650 MONTEREY AVENUE.
CASE NO, PP 97-13
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of November ,1997 hold a duly noticed public hearing to consider the request of
HOWARD HAIT for approval of the above described project; and
WHEREAS, the Planning Commission recommended approval of PP 97-13 by
adoption of Planning Commission Resolution No. 1835; 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. 95-105," in that the Director of Community Development has determined
that the project is a Class 3 categorical exemption 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 City Council did find
the following facts and reasons to exist to justify approval of the tentative tract map:
1. The design of the precise plan will not substantially depreciate property
values nor be materially injurious to the properties or improvements in the
vicinity.
2. The precise plan will not unreasonably interfere with the use and enjoyment
of the property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or general
welfare.
WHEREAS, in the review of this precise plan the City Council has considered the
effect of the contemplated action on the housing needs of the region for purposes of
balancing these needs against the public service needs of the residents of the City of Palm
Desert and its environs, with available fiscal and environmental resources.
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 Council in this case.
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RESOLUTION NO. 97_99
2. That approval of the above described PP 97-13 are hearby approved subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of November , 1997, by the following vote, Ito wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BENSON, CRITES, SNYDER, SPIEGEL and KELLY
NONE
NONE
NONE
SHEILA GILL cr , City 'k
City of Palm u esert, Cali . rnia
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RICHAR i S. KELLY AYOR
Y
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RESOLUTION NO.97-99
CONDITIONS OF APPROVAL
CASE NO. PP 97-13
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. 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
Palm Desert Architectural Commission
City Fire Marshal
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.
5. Applicant shall participate in a commercial recycling program as determined by the
City Environmental Conservation Manager and applicable Waste Disposal Company.
Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable trash company and
Department of Community Development.
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a qualified
lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
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RESOLUTION NO. 97-99
9. Final landscape plans shall comply with the parking lot tree planting master plan and
approved by the Architecture Review Commission.
10. 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 Tong -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.
11. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF,
School Mitigation and Housing Mitigation fees.
12. The project's setbacks shall conform standards in Section 25.25 of the City's
Zoning Ordinance.
13. Prior to issuance of building permit, applicant shall provide evidence of a recorded
mutual access easement with property to the North, to the satisfaction of the
Director of Public Works.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of a grading permit.
2. As required under Palm Desert Municipal Code Section 26.28, and in accordance
with Sections 26.40 and 26.44, complete improvement plans and specifications
shall be submitted to the Director of Public Works for checking and approval before
construction of any improvements is commenced. Offsite improvement plans shall
be reviewed and approved by the Director of Public Works and a surety posted to
guarantee the installation of all required offsite improvements prior to issuance of a
grading permit. Such improvements shall include, but not be limited to, city
standard concrete drive approach. "As -built" plans shall be submitted to, and
approved by, the Director of Public Works prior to the acceptance of the
improvements by the City.
3. All 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
permit.
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RESOLUTION NO.97-99
4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans
and specifications shall be submitted to the Director of Public Works for checking
and approval prior to the issuance of any permits associated with this project.
5. Landscaping maintenance on Monterey Avenue shall be the responsibility of the
property owner.
6. Any and all offsite improvements shall be preceded by the approval of plans by the
Director of Public Works and the issuance of a valid encroachment permit by the
Department of Public Works.
7. Size, number and location of driveways shall be to the specifications of the
Department of Public Works with only one driveway approach to be allowed to
serve this property. The driveway approach as shown on the project site plan is
unacceptable. The driveway design shall be a minimum width of twenty feet for a
minimum depth of twenty feet from the existing Monterey Avenue curb line. In
order to accommodate a future joint access drive with the property to the north, the
applicant shall record, in a form acceptable to the city attorney, an easement
document which shall provide for such joint use.
8. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public Works prior to the
issuance of the grading permit.
9. Building pad elevations for the proposed development are subject to review and
approval in accordance with Section 27 of the Palm Desert Municipal Code.
10. In accordance with Palm Desert Municipal Code Section 3.44 the project shall be
subject to Transportation Uniform Mitigation Fees (TUMF). The subject fee shall
be based on the proposed change of use (multi -family residential "to office
professional) and is estimated to be $ 3,326.75.
11. Prior to grading issuance, applicant shall dedicate five feet (5') of right-of-way along
the Monterey Avenue property frontage.
Riverside Couoty Fire Department:
No further conditions.
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