HomeMy WebLinkAboutRes No 0924PLANNING COMMISSION RESOLUTION NO. 924
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN AND ADJUSTMENT TO
ALLOW CONSTRUCTION OF A TWO UNIT RESIDENTAL
STRUCTURE WITH AN ENCROACHMENT INTO A FRONT
AND REAR SETBACK IN AN R-2 ZONE, LOCATED ON
THE WEST SIDE OF PORTOLA, 120 FEET SOUTH OF
SHADOW MOUNTAIN DRIVE.
CASE NO. PP 26-83 and ADJ 05-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of January, 1984, hold a duly noticed public hearing and continued public
hearing on February 7, 1984, to consider the request of CHARLES GARLAND for the
above mentioned project.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project is a Class 3 categorical exemption for CEQA purposes.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
4. The strict or literal interpretation and enforcement of the specified
regulation would result in unnecessary physical hardship inconsistent with
the objectives of the zoning ordinances.
5. There are exceptional circumstances or conditions applicable to this
property not applicable to other properties in the same zone.
6. The 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.
7. The granting of an adjustment will not be detrimental to the public health,
safety or welfare, or be materially injurious to properties or improvements
in the vicinity.
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 approval of Precise Plan 26-83 and ADJ 05-83 is hereby granted for
reasons subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of February, 1984, by the following vote, to
wit:
AYES: CRITES, DOWNS, ERWOOD, RICHARDS, WOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
ON A. I IAZ, ecretary
-1-
RALPH B. WOOD, Chairman
PLANNING COMMISSION RESOLUTION NO. 924
CONDITIONS OF APPROVAL
CASE NO. PP 26-83
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits on file
with the department of environmental services, as modified by the following
conditions.
2. The development of the property described herein shall be subject to the ,,,/
restrictions and limitations set forth herein in addition to all municipal ordinances
and state and federal statutes now in force or which hereafter may be in force.
3. Construction of a portion of said project shall commence within one year from the
date of approval unless an extension of time is granted; otherwise said approval
shall become null and void and of no effect whatsoever.
4. 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 agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
Evidence of said permits or clearance from the above agencies shall be presented
to the department of building and safety at the time of issuance of a building
permit for the use contemplated herewith.
5. The front setback shall be 10 feet, the rear 12 feet.
6. A 12 foot wide storm drain easement along the northerly property line shall be
granted to the satisfaction of the city. limo
Department of Public Works:
7. Complete grading plans and specifications shall be submitted as required by
ordinance to the city engineer for checking and approval before construction of any
improvements is comenced and the issuance of any permits.
8. Landscaping maintenance on Portola Avenue shall be provided by the owners.
9. This property is in the AO Depth 2' zone as shown on the flood insurance rate map.
A flood hazard report, as required by Ordinance No. 221 (Flood Damage Prevention
Ordinance) shall be submitted to the public works department. The report must be
approved by the flood review committee prior to issuance of a building permit.
10. Driveway improvements to be reviewed at the grading plan check stage for sizes
and locations.
11. Installation of curbline sidewalk to city standards.
/lr
-2-