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Home My WebLink AboutCC RES 98-036RESOLUTION NO. 98-36 A RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL FOR THREE PARCELS LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, STARTING 140 FEET NORTH OF ALESSANDRO. APPROVAL INCLUDES A PRECISE PLAN OF DESIGN TO CONVERT AND REMODEL AND EXISTING 917 SQUARE FOOT RESIDENCE INTO A 2,307 SQUARE FOOT OFFICE LOCATED ON TWO OF THE THREE PARCELS OR AT 44-817 AND 44-835 PORTOLA AVENUE. CASE NO. GPA 98-1 / PP 98-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of March, 1998, hold a duly noticed public hearing to a consider a request by MR. and MRS. DOWGIALO / CITY OF PALM DESERT for the above mentioned; 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 will not have a significant negative impact on the environment and a negative declaration has been prepared ; 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 general plan amendment, and precise plan: GENERAL PLAN AMENDMENT 1. With the recent development of office use in the surrounding area, Portola Avenue properties have become Tess attractive for single-family residential land use. 2. The land use amendment to office professional is consistent with the long term land use of the area. PRECISE PLAN: 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. RESOLUTION NO. 98_36 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. 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 approval of General Plan Amendment 98-1 (attached hereto as Exhibit B) and Precise Plan 98-1 is hereby approved by the Council for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of March, 1998, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE SHEILA R. IGAN,Clerk City of Palm Desert, ornia 2 JEA - SON, Mayor RESOLUTION NO, 98-36 CONDITIONS OF APPROVAL CASE NO. GPA 98-1, C/Z 98-1, PP 98-1 Department of Community Development: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein whichare in addition to all municipal ordinances and state and federal statutes now in .force, or which hereafter may be in force. 2. 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 Review 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. 3. Properties shall conform to setbacks and standards in Section 25.25 of the City's Zoning Ordinance. 4. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 5. 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, TUMF, School Mitigation and Housing Mitigation fees. 6. 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. 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. 3 RESOLUTION NO. 98-36 8. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 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 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. 11. Applicant shall obtain approval from the Architecture Review Commission for the exterior improvements to the existing garage or remove same. Deaartment of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. 2. 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. 3. All private driveways and parking Tots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 4. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. 5. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. Subject improvements shall include but not be limited to city standard driveway and sidewalk installation. 4 RESOLUTION NO. 98-36 6. 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. 7. Off -site 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 the issuance of a grading permit. 8. Size, number and location of driveways shall be to the specifications of the Department of Public Works with one driveway approach permitted to serve this property. 9. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 10. Applicant shall dedicate an additional fourteen (14) feet of right-of-way for a total half right-of-way width of forty-four (44) feet. 11. Grading permit issuance shall be subject to a waiver of parcel map for parcel consolidation/lot line adjustment first being approved and recorded. Riverside County Fire Department: There will be no additional fire department requirements placed on the project. 5 RESOLUTION NO. 98-36 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: GPA 98-1, C/Z 98-1, PP 98-1 APPLICANT/PROJECT SPONSOR: MR. & MRS. DOWGIALO P.O. BOX 1682 La Quinta, CA 92253 PROJECT DESCRIPTION/LOCATION: 1) Approval of a general plan amendment (low density residential to office professional), change of zone from single-family residential (R-1) to office professional (O.P.), for three properties located on the west side of Portola Avenue, starting 140 feet north of Alessandro Drive. 2) Approval of a precise plan to convert and remodel an existing 917 square foot residence into a 2300 square foot office space, located on two parcels or at 44-817 and 44-835 Portola Ave. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. 30�5� PHIL DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 6 RESOLUTION NO. 98-36 EXHIBIT "B" -- GENERAL PLAN AMENDMENT / CHANGE OF ZONE o- of A N ZA wA z A CR R-1 to Office Professional G.P.A. Single -Family Residential to Office Professional 03000000000 a0000000000 0000 )00000000000 '00000000 000000 000� o000000o 1 Alessandro Drive nOiV -4.411 Hwy 111 H 0 - 1 T r lb _Al a: I_ CASE NO. GPA 98-1 C/Z 98-1