HomeMy WebLinkAboutRes No 067PLANNING COMMISSION RESOLUTION N0.
67
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A
VARIANCE TO ALLOW A REDUCTION IN THE REQUIRED OFF-STREET
PARKING ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
PALM DESERT DRIVE BETWEEN PORTOLA & SAN LUIS REY.
CASE NO. VARIANCE 04-75.
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
TERRY HILL for a variance to allow a decrease in the required parking
on property located in the C-P-S zone and situated on the south side
of Palm Desert Drive between Portola Avenue and San Luis Rey, more
particularly described as:
Lots 6 & 7, Block S, Palm Desert Unit #1
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 hearings, on June 30, 1975 and August 4,
1975 upon hearing and considering all testimony and arguments, the
Planning Commission did find that the following facts and reasons to
exist to justify the granting of said variance:
1. Special circumstances or conditions are applicable to the
property or intended use that do not apply generally to other pro-
perties in the vicinity which are under identical zoning classification,
such as: The designation of a portion of lot 7 as future roadway
by the Redevelopment Plan.
2. The granting of such variance will not 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.
3. The granting of such variance will not adversely affect
the General Plan because it conforms with the goals and policies of
both the General Plan and the Redevelopment Plan of the City of Palm
Desert.
OLUTION NO. 67
4. The granting of this variance is necessary for the preser-
vation and enjoyment of substantial property rights possessed by
other property in the same vicinity and zones which would be denied
to the property.
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 variance is granted subject to confirmation
by the City Council, subject to the conditions of approval as attached.
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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BERKEY, MULLINS, SEIDLER
SEIDLER, VAN DE MARK
/ "0-WIL'i�, VICE CHAIRM
Cif
PAUL A. WILLIAMS, SECRETARY
VARIANCE 04-75
RESOLUTION NO. 67
STANDARD CONDITIONS
1. 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-1. 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-1, except or unless indicated
otherwise herein.
2. Unless the construction of the structure or facility is com-
menced 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.
3. Any minor change may be approved by the Director of Environ-
mental Services. Any substantial change will require the
filing of an application for an amendment to be considered
by the Planning Commission.
4. All requirements of any law, ordinance or regulation of the
State of California, City of Palm Desert, County of Riverside,
and any other governmental entity shall be complied with.
5. All areas shown as parking areas shall be surfaced with as-
phaltic concrete and shall be visibly marked outlining
individual parking spaces and traffic flow. Said surfacing
and marking shall be to city regulations; and shall be com-
pleted 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.
6. Prior to obtaining any building permits, the applicant shall
submit, with an appropriate application to the DRB, a revised
plot plan in triplicate showing the changes and conditions as
required by the Planning Commission.
7. Prior to obtaining a building permit, the applicant shall file
with the Director of Environmental Services, written acceptance
of the conditions as stated herein.
8. Compliance with and execution of all conditions listed hereon
shall be necessary, unless otherwise specified, prior to
obtaining final building inspection clearance. Deviation from
this requirement shall be permitted only by written consent of
the Director of Environmental Services.
9. An incombustible trash enclosure shall be provided of a size
and location acceptable to the DRB, and said area shall be
enclosed with a wall of sufficient height to adequately shield
the area. Said wall shall include a solid gate.
10. A detailed landscape and sprinkler plan prepared by a land-
scape architect or designer, shall be submitted to the DRB
for consideration and approval.
11. All landscape areas in parking lots shall be enclosed by a
raised concrete curb or low wall unless specified on Exhibit
A-1.
12. All utilities, including electrical, telephone and cable
television, shall be installed underground.
13. 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.
-1-
•STANDARD CONDITTS (continued)
VARIANCE 04-75
Resolution No. 67
14. The applicant, as a part of the construction, will install
curb, gutter, sidewalk, and landscaping along a 10' wide strip
south from Palm Desert Drive, a distance of 135'.
15. All planting areas to the rear of the building shall be
bordered by redwood headers and landscaped as shown on
Exhibit A-1.
16. There shall be 22 parking spaces installed with 2 of those to
Handicap Standards.
17. The applicant and/or assignee shall agree in writing to join
any assessment district formed that includes lots 6 & 7 within
its boundaries.
18. The applicant and/or assignee shall grant to the City, an
easement over the parking and pedestrian areas of the property.
The form of said easement shall be in a form acceptable to
the City Attorney.
19. The applicant shall be allowed to construct 6020 square feet of
commercial building (70 x 86) on lots 6 & 7 as shown in
Exhibit A.
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