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HomeMy WebLinkAboutRes No 428PLANNING COMMISSION RESOLUTION NO. 428 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FIND- INGS AND APPROVING IN MODIFIED FORM A TENTATIVE PAR- CEL MAP TO DIVIDE AN EXISTING 27,804 SQ. FT. LOT INTO TWO PARCELS, WITH RELATED VARIANCE FOR LOT WIDTH, ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CORTEZ WAY AND SANTA YNEZ AVENUE. CASE NO. PM 13323 & VAR 06-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed Public Hearing on December 5, 1978, to consider the request of CHARLES D. & LORETTA I. RILEY for approval of a Tentative Parcel Map to create a 15,170 sq. ft. parcel and a 12,634 sq. ft. parcel from an existing 27,804 sq. ft. subdivided lot; and, a Variance from the minimum lot width standards of the R-1 zone, for pro- perty generally located at the northeast corner of El Cortez Way and Santa Ynez Avenue, the site being more particularly described as: APN 625-071-008 WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the Parcel Map: 1. The Subject Tentative Parcel Map, as modified, does sub- stantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Sub- division Map Act, as amended. 2. The subject Tentative Parcel Map, as modified, does sub- stantially comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop- ment proposed. 4. The design of the subdivision and the proposed improve- ments are not likely to cause substantial environmental damage or serious health problems. WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, siad Planning Commission did find the following facts and reasons to exist to justify the approval of the Variance: 1. That strict or literal interpretation and enforcement of the minimum lot width of the R-1 zone would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance; 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone; 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone; 4. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materilaly injurious to properties or improvements in the vicinity. (Ord. 99 Sl(part), 1975: Exhibit A S25.39-5.07). PLANNING COMMISSION RESOLUTION NO. 428 Page Two 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 consti- tute the findings of the Commission in this case; 2. That it does hereby approve the above described Tentative Parcel Map 13323 and Variance 06-78 subject to fulfillment of the attached conditions. ewe PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of December, 1978, by the following vote, to wit: AYES: Berkey, Fleshman, Kelly, Kryder, Snyder NOES: ABSENT: None None ABSTAIN: None ATTEST: PAUL A. WILLIAMS, /ks Secretary GLORIA KELLY, Chairman PLANNING COMMISSION RESOLUTION NO. 428 Page Three CONDITIONS OF APPROVAL CASE NO. PM 13323 1. The Tentative Parcel Map, in modified form, is granted for the land as described in the attachments, hereto, and as shown on the map labeled, Exhibit A Revised and the requirements herein. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicalbe government entity, shall be complied with as a part of this map. 3. That proposed common side property line (with a bearing of N 0°-13'- 00" w) be moved fifteen (15) feet to the west, as illustrated on Exhibit 'A' revised. 4. That a ten (10) foot drainage easement shall be provided along the westerly side of proposed parcel no. 15 and improved with a concrete channel as approved by the Director of Public Works. 5. That street improvements, as required by the Director of Public Works, shall be installed on the Santa Ynez Avenue frontage.