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HomeMy WebLinkAboutRes No 189PLANNING COMMISSION RESOLUTION NO. 189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE TO ALLOW A RESTAURANT AS AN ACCESSORY USE TO A HOTEL IN THE R-3 ZONE DISTRICT, ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHWAY 74 BETWEEN EL PASEO AND VERBA SANTA DRIVE. CASE NO. VARIANCE 04-76 WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert Municipal Code, the Planning Commission of the City of Palm Desert, California, did on November 4, 1976, hold a duly noticed Public Hearing to consider the application of CAROUSEL RESORT HOTEL for a Variance to allow a restaurant as an accessory use to a hotel in the R-3 Zone District, on property located on the east side of Highway 74 between El Paseo and Verba Santa Drive, more par- ticularly described as: Lots 10, 11, 12, 21, 22, and 23, Block A Palm Desert Unit No. 3 WHEREAS, the subject application is exempted or has been considered non -significant with regard to the requirements of the "Palm Desert Environ- mental Quality Procedure Resolution Number 74-14"; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find that the following facts and reasons do exist to justify the granting of said Variance: 1. A strict interpretation and enforcement of the specific regulations of the R-3 Zone District would result in difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance, in that a denial would prohibit the development of the property into a residential use consistent with other R-3 properties in the area. This assumes the fact that the physical facilities exist for the proposed restaurant and that the resulting activity would not be any more intense than if an additional fourteen (14) hotel units were added to the property. 2. Exceptional or extraordinary circumstances and conditions are not applicable to the property that would make the property unique to other R-3 zoned property in the City, based upon the location of the property and the fact that a majority of the physical facilities presently exist. 3. Strict and literal interpretation of the specific regulations would deprive the applicant of privileges enjoyed by the owners or other property in the same zone district, in that only one other similar property exists in the community and it does have a restaurant. Further, the fact that Planning Commission Resolution No.189 the ultimate hotel facility exists leaves substantial property to adequately maintain the residential character of the project. 4. The granting of this Variance would not be detrimental to the public health, safety, or welfare, and is not materially detrimental to properties in the vicinity in that adequate land exists to mitigate any possible adverse inpacts of the project. 5. The intent and purpose of the R-3 Zone District is as follows: "The specific purposes of this district are to provide suitably located areas for residents to live in a variety of housing types at high population densities consistent with sound standards of public health and safety." and because of the unique location and layout of the project, permits that maintenance of this concept still allows the installation of a more commercial use. To the knowledge of the staff, no other similar situation exists anywhere in the community. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That the Variance is granted, subject to conditions of approval as attached. PASSED, APPROVED, and ADOPTED at a special meeting of the City of Palm Desert Planning Commission, held on the 4th day of November, 1976, by the fol- lowing vote, to wit: AYES: MILLS, VAN DE MARK, WILSON NOES: KELLY ABSENT: NONE ABSTAIN: BERKEY ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION Planning Commission Resolution No. 189 November 4, 1976 CONDITIONS OF APPROVAL CASE NO. VARIANCE 04-76 STANDARD CONDITIONS: 1. The Variance is granted for the land as described in the application and and attachments thereto, and as shown on the plot plan as revised, labeled Exhibit "A". The location of all buildings, roadways, parking areas, land- scaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit "A", except or unless indicated other- wise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pur- sued thereafter, this approval will automatically become null and void. 3. 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. 4. All requirements of any law, ordinance, or regulation of the State of California, County of Riverside, City of Palm Desert, and any other ap- plicable government entity shall be complied with. 5. 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 regulations; and shall be completed prior to final inspection of the structure or structures by the Building Division. The surface shall be kept in a reasonable good state of repair at all times. 6. Prior to obtaining any building permits, the applicant shall submit, with an appropriate application to the Design Review Board, 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 the execution of all conditions listed herein shall be neces- sary, 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 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. 10. 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. SPECIAL CONDITIONS: 1. A detailed landscape plan showing material types and sizes and sprinkler plan prepared by a landscape architect or designer, shall be submitted to the Design Review Board Process for consideration and approval. Said plans shall include the upgrading of the landscaping in the area between the Frontage Road and Highway 74. Further, said plans shall depict the area presently shown as future development as either additional landscaping additional recreational uses, or parking for the existing hotel units. Conditions of Approval Case No. Variance 04-76 Planning Commission Resolution No. 189 SPECIAL CONDITIONS: (continued) 2. All landscape areas in parking lots shall be enclosed by a raised concrete curb or low wall. 3. A11 utilities, both distribution and service lines, including electrical, telephone, and cable television, shall be installed underground, including Lots 10, 11, 12, 21, 22, and 23. 4. The applicant, as a part of construction, will install curb, gutter, and sidewalk, along the full frontage of Lots 10, 11, 12, 21, 22, and 23 to the specifications of the City Engineer, including tie- in paving. 5. Curb and gutter shall also be installed along both sides of the Frontage Road for the full 480 feet of frontage, including curb returns at Pitahaya and transition paving to the satisfaction of the City Engineer. 6. All existing signs shall not remain and as a part of the development of the restaurant, the sign program shall be developed and approved by the City and said sign program shall be implemented as a part of the creation of the restaurant. 7. A street light shall be installed at the intersection of Pitahaya and Highway 74 on the east side of the street and along the east side of the Frontage Road as determined by the City Engineer. 8. All requirements of the Palm Desert Fire Marshall shall be met. 9. A masonry wall shall be installed along the full frontage of the southerly two lots along Ocotillo Drive. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature)