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HomeMy WebLinkAboutRes No 376PLANNING COMMISSION RESOLUTION NO. 276 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A 26,000 SQ. FT. CHURCH AND RELATED SUNDAY SCHOOL CLASSROOMS AND DENYING A VARIANCE TO PERMIT A 77- FOOT TALL SPIRE WHERE 55 FEET IS THE MAXIMUM HEIGHT PERMITTED BY THE ZONING ORDINANCE, AT THE NORTHWEST CORNER OF PARK VIEW DRIVE AND MONTEREY AVENUE. CASE NO. CUP 06-78 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission did on July 5, 1978, hold a duly noticed Public Hearing to consider an application from THE CHURCH OF JESUS CHRIST OF THE LATTER DAY SAINTS for approval of a Conditional Use Permit and Preliminary Design Review to allow a 26,000 sq. ft. church building and related sunday school classrooms and a variance to permit a 77 foot tall spire where 55 feet is the maximum height permit- ted by the Zoning Ordinance on a 3.66 acre parcel located at the north- west corner of Park View Drive and Monterey Avenue within the PR-7, S.P. (Planned Residential, maximum 7 du/acre, scenic preservation over- lay) zone, more particularly described as: APN 621-290-013 APN 621-290-019 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desir- ing to be heard, said Commission did find the following facts and rea- sons to exist to justify the granting of said Conditional Use Permit: 1 The location of the proposed project and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 2 The proposed project will comply with each of the applicable provisions of the Zoning Ordinance. 3 The proposed project complies with the goals, objectives and policies of the City's General Plan. WHEREAS, said Commission did find the following facts and reasons to exist to justify denying the request for a Variance: 1. There are not exceptional circumstances applicable to the property involved that warrant a Variance from prescribed height restrictions. 2. Strict or literal interpretation and enforcement of the specified regulation combined with a reduction in the height of the proposed spire would allow the applicant the same privileges enjoyed by other religious institu- tions. 3. Strict or literal interpretation and enforcement of the specified regulation combined with a reduction in the height of the proposed spire would not result in practical dif- ficulty inconsistent with the objectives of the Zoning Ordinance. PLANNING COMMISSION RESOLUTION NO. 376 Page Two 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 consti- tute the findings of the Commission in this case. 2. That the Conditional Use Permit CUP 06-78 is hereby granted to THE CHURCH OF JESUS CHRIST OF THE LATTER DAY SAINTS for reasons subject to the attached conditions. 3. That the request for a Variance from height restrictions is hereby denied for reasons stated. PASSED, APPROVED, and ADOPTED at a special meeting of the Palm Desert Planning Commission held on this 5th day of July, 1978, by the following vote, to wit: AYES: BERKEY, KELLY, FLESHMAN, SNYDER NOES: KRYDER ABSENT: NONE ABSTAIN: NONE G GE BERKEY, Chai man ATTEST: PAUL A. WILLIAMS, Secretary /ks PLANNING COMMISSION RESOLUTION NO. 376 Page Three CONDITIONS OF APPROVAL CASE NO. CUP 06-78 Standard Conditions: 1. The development of this project shall conform substantially to all plans submitted in behalf of this case and as revised accord- ing to the Design Review Board process and/or Planning Commission action. Any minor changes require approval by the Director of Environmental Services. Any substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as a part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. Applicant shall comply with all of the requirements of the City Fire Marshal per attached letter dated June 13, 1978. Special Conditions: 1. Applicant shall pay fees into the Palm Desert Planned Local Drain- age Facilities Fund in an amount to be determined by the provisions of Ordinance No. 175. 2. Traffic Safety lighting shall be installed in accordance with the approval of the Director of Public Works. 3. Sidewalks, curbs and gutters shall be installed on Park View Drive and on Monterey Avenue in accordance with the City Standards. 4. Necessary right-of-way dedications shall be made on Park View Drive and on Monterey Avenue. The right-of-way shall be 110 feet in width on Monterey Avenue and 88 feet in width on Park View Drive. 5. Easterly driveway entrance on Park View Drive shall be eliminated. 6. A 3 foot high masonry wall shall be provided along Monterey Avenue and extensive mounding shall be provided along Park View Drive. 7. A bicycle and pedestrian walkway system shall be provided along Park View Drive to provide a continuation of the system being pro- vided at the development to the west. 8. Shade trees shall be provided throughout the parking areas. PLANNING COMMISSION RESOLUTION NO. 376 Page Four AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand 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) PLANNING COMMISSION RESOLUTION NO. 376 June 13, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Reference: Case No. CUP 06-78 Page Five Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 4000 GPM fire flow for a (4) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer, and approved by the water company, with the following certification: "I certify that the design of the water system in Case Number CUP 06-78 is in accordance with the require- ments prescribed by the Fire Marshal." Very truly yours, David L. Flake Chief /CAL David J. 0rtegel Fire Marshal