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HomeMy WebLinkAboutRes No 0950PLANNING COMMISSION RESOLUTION NO. 950 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND VARIANCE TO ALLOW CONSTRUCTION OF A FOUR UNIT RESIDENTIAL APARTMENT COMPLEX WITH A REDUCED REAR SETBACK AND REDUCED OFF -SITE PARKING IN AN R-3 ZONE, LOCATED ON THE EAST SIDE OF SAN RAFAEL, 230 FEET NORTH OF SAN GORGONIO WAY. CASE NOS. PP 84-9 and VAR 84-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of May, 1984, hold a duly noticed public hearing to consider a request by RALPH SANTOPIETRO 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. WHEREAS, at said pulbic 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 and variance: 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 ordinance. 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 the variance 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 84-9 and Variance 84-1 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 950 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of May, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, AND WOOD NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE ATTEST: ON A. DIAZ, Sect- . ary /tm RALPH B. WOOD, Chairman -2- PLANNING COMMISSION RESOLUTION NO. 950 CONDITIONS OF APPROVAL Case No. PP 84-9 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. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission, subdivision process, and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 5. Prior to 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 Palm Desert Water Services District Evidence of said permit 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. 6. Project to be provided with minimum six foot high solid masonry wall along the sides and rear. 7. That the applicant enter into an agreement with the city guaranteeing that the property will voluntarily be a part of any undergrounding district which may be established by the city, including the property in question. The form of this agreement shall be acceptable to the city attorney and shall run with the land. This condition shall not be applicable to the service lines that lead directly to the building(s) which must be undergrounded. 8. That the four garage doors be equipped with automatic garage door openers. 9. The garages are to be kept clear for express purpose of parking of vehicles. 10. Wing walls at rear to be deleted. 11. Intensive verticle screening to be planted along rear wall. -3- PLANNING COMMISSION RESOLUTION NO. 950 Department of Public Works: 12. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 13. Full public improvements, including traffic safety lighting as required by ordinance and the director of public works, shall be installed in accordance with city standards. 14. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as -built" plans prior to acceptance of the subdivision improvements by the City. 15. Landscaping maintenance on San Rafael shall be provided by the owner. 16. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 17. Dedication of 5 feet of right-of-way on San Rafael shall be done prior to issuance of any permits and approval of plans. 18. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to building permits being issued. 19. Size, number and location of driveways to public works specifications. 20. Only one driveway approach will be allowed to serve this property. Size and location to public works specifications. Fire Marshal: 21. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic 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. Fire flow requirements will depend on built-in fire protection provisions of buildings. 22. Install Riverside County super fire hydrants located: a. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. b. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. c. curbs shall be painted red 15 feet in either direction from each hydrant. d. hydrants shall not be located closer than 25 feet to any building. 23. Prior to issuance of a building permit, the developer shall furnish the original and three 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- PLANNING COMMISSION RESOLUTION NO. 950 24. 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 PP 84-9 is in accordance with the requirements prescribed by the Fire Marshal." 25. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 26. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. -5-