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HomeMy WebLinkAboutCC RES 01-043RESOLUTION NO. 01-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A MIXED USE COMMERCIAL COMPLEX LOCATED ON 2.35 ACRES ON THE SOUTHEAST CORNER OF COOK STREET AND GREEN WAY (NORTH). CASE NO. PP 00-23 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of March, 2001, hold a duly noticed public hearing to consider the request of LAKESIDE PROPERTIES for approval of the above noted case; and WHEREAS, the Planning Commission by its Resolution No. 2043 has recommended approval of PP 00-23; 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. 00-24," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact 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 said request: 1. The precise plan is consistent with the intent and purpose of the General Commercial zone and the General Commercial land use designation. 2. The design of the precise plan and the manner in which it will be operated will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 3. The precise plan of design will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 4. The precise plan not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 01-43 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 Precise Plan 00-23 is hereby approved, subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact (Exhibit A attached hereto), is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of March , 2001, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON NOES: KELLY ABSENT: SPIEGEL ABSTAIN: NONE SHEILA . GIWGAI)I!tity Clerk City of Palm Desert; alifornia 2 RESOLUTION NO. 01-43 CONDITIONS OF APPROVAL CASE NO. PP 00-23 (GPA 00-07, C/Z 00-10) 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. 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 and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 7. 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 3 RESOLUTION NO. 01-43 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. 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. Any storm drain construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 3. 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 prior to issuance of a grading permit. Such improvements shall include, but not be limited to, minimum six foot wide concrete sidewalk and minimum twenty-four foot wide drive approaches. 4. 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. 5. Landscaping maintenance on Cook Street and Green Way shall be the responsibility of the property owner. 6. Size, number and location of driveways to the specifications of the Department of Public Works with four driveway approaches to serve this property. 7. 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. 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. 4 RESOLUTION NO. 01-43 9. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 10. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 11. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust (PM10) Control as well as Section 24.20, Stormwater Management and Discharge Control. Riverside County Fire Department: Compliance with conditions required by the Riverside County Fire Department. 5 RESOLUTION NO. 01-43 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: PP 00-23 APPLICANT/PROJECT SPONSOR: Lakeside Properties 920 Emerald Bay Laguna Beach, CA 92651 PROJECT DESCRIPTION/LOCATION: A 27,116 square foot mixed use commercial complex located on 2.35 acres at the southwest corner of Cook Street and Green Way (north). 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. \ L 03/22 0 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 6