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HomeMy WebLinkAboutRes No 250PLANNING COMMISSION RESOLUTION NO. 250 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN EX- TENSION OF TIME ON A CONDITIONAL USE PERMIT AND VARIANCE FOR SETBACK REQUIREMENTS TO OPERATE AND MAINTAIN A PARKING LOT IN AN R-3(4) ZONE ON PROPERTY GENERALLY LOCATED AT THE NORTH- WEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO ROAD. CASE NO. CUP 05-76 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission of the City of Palm Desert, California, did on June 14, 1977, hold a duly noticed Public Hearing to consider the application of IRA JOHNSON and ROY BARBATTI for an Extension of Time for a Conditional Use Permit and Variance for setback requirements to operate and maintain a parking lot on property located in the R-3(4) zone and situated at the northwest corner of Alessandro Drive and San Jacinto Road, and more particularly described as: Lot 12, Block 4, Palm Village, Unit 1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that the Director of Environmental Services has determined on May 10, 1977, that the project would not have a significant impact on the environment and the appeal period did expire on May 31, 1977; 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 Com- mission did find the following facts and reasons to exist to justify the granting of said Extension of Time for a Conditional Use Permit and Variance for Setback Requirements: 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the conditional use and the condition under which it would be operated and maintained will not be detri- mental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use complies with the goals, objectives, and policies of the City's adopted General Plan and Redevelopment Plan. 4. The Variance is warranted in that the shape of the subject lot is such that a standard parking arrangement is difficult to achieve within the setback, and as no sidewalks exist, sufficient landscaping can be achieved. Case No. CUP 05-76 Planning Commission Resolution No. 250 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 Extension of Time of one year for a Conditional Use Permit is granted to IRA JOHNSON and ROY BARBATTI subject to all of the conditions of approval for Planning Commission Resolution No. 142, as attached. 3. That a Variance is hereby granted to reduce the required parking lot setback from six (6) feet to zero (0) feet for portions of the street frontage. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 14th day of June, 1977, by the following vote, to wit: AYES: KELLY, KRYDER, READING, SNYDER, BERKEY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 'tcliNa\\ PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION Resolution No. 142 Planning Commission Resolution No. April 20, 1976 June 14, 1977 CONDITIONS OF APPROVAL CASE NO. CUP 05-76 1. The Conditional Use Permit is granted for the lands as described in the application and any attachments thereto, and as shown on the Plot Plan labeled Exhibit A. 2. Unless the use 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. 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, City, and any other applicable government entity shall be complied with. 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been reviewed and approved by the Department of Environmental Services. 6. Prior to obtaining a building permit, the applicant shall file with the Director of Environmental Services written acceptance of the conditions stated herein. 7. 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. 8. Prior to the 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: Department of Public Health, De- partment of Fire Protection. Evidence of said permit shall be presented to the Building and Safety Department prior to the issuance of any building permit. 9. Said use shall not create objectionable noise or odor levels beyond the lot lines of the parcel. To ensure compliance, said Conditional Use Permit shall be reviewed by the Planning Commission on or before March 30, 1977, and at such times thereafter as may be deemed appropriate by a majority vote of the Commission. 10. Curb, gutter, curb cuts, and tie-in paving along the full frontage of the property on Alessandro and San Jacinto shall be provided in conformance with Riverside County Standards and as approved by the Design Review Board. 11. Low profile lighting of parking areas for safety purposes shall be provided for as approved by the Design Review Board. 12. Traffic control provisions shall be provided as required by the Design Review Board. 13. Applicant agrees to join any assessment district formed that includes the subject property within its boundaries. 14. Applicant shall agree in writing to all conditions contained herein, within thirty (30) days hereof or said approval shall be null and void.