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HomeMy WebLinkAboutRes No 066PLANNING COMMISSION RESOLUTION NO. 66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND DENYING A VARIANCE TO ALLOW A REDUCTION IN THE PARKING REQUIRED BY SECTION 13.12 OF THE ZONING ORDINANCE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL PASEO. CASE N0. VARIANCE 06-75. WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on August 4, 1975, hold a duly noticed public hearing to consider the application of DR. MARK WILLIAMSON for a variance to allow a reduction from the 90 parking spaces required by Section 18.12 of the Zoning Ordinance to 55 spaces on property located in the C-P-S Zone and situated on the north side of El Paseo, between Highway 111 and Portola Avenue, and more particularly described as: Lots 7, 8, and a portion of 13 of Tract 2012 WHEREAS, the subject application is exempted or has been considered non- significant with regard to the requirements of the "Palm Desert Environmental Quality Procedure Resolution Number 74-14." WHEREAS, at said public hearing, upon hearing and considering all testi- mony and arguments, the Planning Commission did find that the following facts and reasons to exist to justify the denial of said variance: 1. No Special circumstances or conditions are applicable to the property or intended use that do apply generally to other properties in the vicinity which are under identical zoning classification. 2. The granting of this variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones. 3. The granting of such variance will be materially detrimental to the public health, safety, welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the project will not improve the parking. 4. The granting of such variance will adversely affect the General Plan because it is in opposition to the goals and policies of both the General Plan and the Redevelopment Plan for the City of Palm Desert. RESOLUTION NO. 66 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; and 2. That the variance is denied. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on August 4, 1975, by the following vote to wit: AYES: BERKEY, MULLINS, WILSON NOES: ABSENT: SEIDLER, VAN DE MARK ABSTAIN: ATTEST: PAUL A. WI LIAMS, SECRETARY -2- CONDITIONS OF APPROVAL CASE NO. VARIANCE 06-75 1. That the applicant construct a building not exceeding 17,750 square feet of gross floor area. 2. That the applicant provide 65 legal parking spaces. 3. That the proposed building not devote greater than 500 of its gross leasable floor area to Medical suites and ansillary uses. 4. The variance is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan as revised labeled Exhibit A. The location of all buildings, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A. All buildings and structures shall be of the design as shown on the elevation plans labeled Exhibit B. 5. Unless construction is inaugurated not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 6. Any minor change may be approved by the Director of Environmental Services. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 7. All requirements of any law, ordinance or regulation of the State of California, County of Riverside, City of Palm Desert, and any other governmental entity shall be complied with. 8. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been reviewed and approved by the Design Review Board. 9. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visably marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be to City Standard and be completed prior to final inspection of the structure or structures by the Building Division. The surface shall be kept in a reasonably good state of repair at all times. 10. Prior to obtaining any building permits, the applicant with an appropriate application, shall submit to the Design Review Board, a revised plot plan in triplicate showing the changes and condi- tions as required by the Planning Commission. 11. Prior to obtaining a building permit, the applicant shall file with the Director of Environmental Services, written acceptance of the conditions stated herein. 12. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to ob- taining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Director of Environmental Services. 13. All outside storage areas shall be screened from adjacent property and streets in a manner acceptable to the Design Review Board. 14. An incombustible trash enclosure shall be provided of a size and location acceptable to the Design Review Board, and said area shall be enclosed with a wall of sufficient height to adequately shield the area. Said wall shall include a solid gate. Conditions of Appoval Variance 06-75 15. Interior landscaping of parking areas shall be provided in a manner acceptable to the Planning Director. Said minimum area of landscaping shall be equivalent to 15% of the area of the lot. 16. A detailed landscape and sprinkler plan prepared by a landscape architect or designer shall be submitted to the Design Review Board for consideration and approval. 17. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Director of Environ- mental Services. 18. All landscape areas in parking lots shall be enclosed by a raised concrete curb or low wall. 19. All utilities, including electrical, telephone and cable televi- sion, shall be installed underground and/or shall be completely concealed from view. 20. All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without cost to the City of Palm Desert and free of all liens and encumbrances. 21. The rear alley way shall be paved and all work to be done to County Standards. 22. The applicant shall agree to join any assessment district formed that includes subject property within its boundaries.