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HomeMy WebLinkAboutRes No 470PLANNING COMMISSION RESOLUTION NO. 470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN AMENDMENT TO ALLOW A MANAGEMENT ACTIVITY WITH INCIDENTAL REAL ESTATE ACTIVITY IN THE MARRAKESH COUNTRY CLUB WITHIN THE PR-3 ZONE, ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, BETWEEN GRAPEVINE STREET AND HAYSTACK ROAD. CASE NO. VAR 948 (AMENDMENT) WHEREAS, pursuant to the provisions of the Palm Desert Municipal Code, the Planning Commission did on the 27th day of February, 1979, hold a duly noticed Public Hearing, and a continued hearing on the 14th of March, 1979, to consider the application of MARRAKESH PROPERTY OWNERS ASSOCIATION for an amendment to allow a management activity with incidental real estate activity in the Marrakesh Country Club on property located in the PR-3 (Planned Residential, max. 3 d.u./ac.) zone and situated on the west side of Portola Avenue, between Grapevine Street and Haystack Road, and more particularly described as: A portion of the NE 4 of Section 29, T.5S., R.6E. WHEREAS, the subject application is exempted as an ongoing project with regard to the requirements of the "Palm Desert Environmental Quality Procedure Resolution No. 78-32" WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, the Planning Commission did find that the following facts and reasons do exist to justify the granting of said amendment: 1. Circumstances or conditions are applicable to the property or intended use that applies generally to other properties in the vicinity which are under identical zoning classifi- cation, in that real estate sales offices have previously been permitted to be associated with country club develop- ments as an accessory use. 2. The granting of such amendment 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, because the activity will be contained in an existing administration office building, and it will be limited to transactions only concerning the country club. 3. The granting of such an amendment will not adversely affect the General Plan because it is considered an expansion of the residential use, which normally allows accessory commercial activities in its implementing zoning. 4. The granting of this amendment is necessary for the preser- vation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones. 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 amendment is granted to Marrakesh Property Owners Association for reasons, subject to attached conditions. Planning Commission Resolution No. 470 Page Two PASSED, APPROVED and ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on this l4th day of March, 1979, by the following vote, to wit: AYES: FLESHMAN, KRYDER, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: BERKEY (Due to his absence at the previous related meeting) WALTER H. SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary /ss Planning Commission Resolution No. 470 CONDITIONS OF APPROVAL CASE NO. VAR 948 (AMENDMENT) 1. The office activity shall be confined to the existing administration building. 2. The real estate function shall be limited to the confines of the Marrakesh Country Club, and shall not involve sales, leasing, management, or other real estate services for properties which are not included within the boundaries of this development. 3. No signs advertising the real estate use shall be permitted to be placed in a location which is visible from the exterior of the development, and all other signs shall receive a permit from the City. 4. The operation of the real estate activity shall not be associated in name or in fact with any other licensed real estate office. 5. No restriction shall be applied to prevent outside real estate offices from selling real estate. 6. Compatibility of the real estate office use shall be subject to review one year from the date of approval; and yearly thereafter. Upon holding a Public Hearing, the Planning Commission may, at any time revoke this amendment and disallow any further real estate activity within the development.