HomeMy WebLinkAboutRes No 0970PLANNING COMMISSION RESOLUTION NO. 970
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 THREE UNIT
RESIDENTIAL APARTMENT COMPLEX WITH A
REDUCED REAR SETBACK IN AN R-2 ZONE, LOCATED
ON THE NORTH SIDE OF SANTA ROSA, 252 FEET EAST
OF SAN PASQUAL.
CASE NOS. PP 84-23 and VAR 84-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 3rd day of July, 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 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 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
rear yard setback 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
rear yard setback 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 84-23 and Variance 84-3 is hereby
granted for reasons subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 970
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 3rd day of July, 1984, by the
following vote, to wit:
AYES: DOWNS, RICHARDS, WOOD, AND ERWOOD
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
•
RICHARD ERWOOD, Vice Chairman
ATTEST:
elsv✓ld n a. • 9
RAMON A. DIAZ, Sec ¢ tary
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PLANNING COMMISSION RESOLUTION NO. 970
CONDITIONS OF APPROVAL
Case No. PP 84-23 and VAR 84-3
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. Location and design of trash enclosures shall be coordinated with Palm
Desert Disposal.
7. Project to be provided with a minimum six foot high solid masonry
wall along perimeter property lines (except for approved openings) or
as may be approved by the architectural commission.
8. That prior to issuance of building permit the owner (developer) provide
the city with evidence that he has paid the required school mitigation
fee ($628/unit) to the Desert Sands Unified School District.
Department of Public Works:
9. Drainage and signalization fund fees, as required by city ordinance,
shall be paid prior to recordation of the final map.
10. Additional storm drain construction shall be contingent upon a
drainage study by the private engineer.
11. 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.
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PLANNING COMMISSION RESOLUTION NO. 970
12. 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.
13. Landscaping maintenance on Santa Rosa shall be provided by the
owner.
14. Existing utilities on Santa Rosa shall be undergrounded.
15. 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.
16. Dedication of five feet of right-of-way on Santa Rosa shall be done
prior to issuance of any permits and approval of plans.
17. Off site 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.
18. Size, number, and location of driveways to public works specifications.
19. Only one driveway approach will be allowed to serve this property.
Size and location to public works specifications.
Fire Marshal:
20. 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.
21. Install Riverside County super fire hydrants located:
a. install Riverside County super fire hydrants so that not 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.
22. 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.
23. 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 84-23 is in
accordance with the requirements prescribed by the Fire Marshal."
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PLANNING COMMISSION RESOLUTION NO. 970
24. Prior to delivery of combustible materials to the building site, the
required water system shall be installed, operating, and delivering the
required flow.
25. Additional fire protection requirements may be necessary when the
applicant submits specific plans for consideration and approval.
Palm Desert Water do Services District:
26. Frontage fee of $12.00 per foot will be imposed along Santa Rosa Way.
27. There is an existing 1-inch water meter that should be upgraded to 1Y2-
inch.
28. The water service installation charges will be as follows:
Four -inch water meter @ $1,150/each $1,150
Frontage Fee for 84 feet @ $12.00/ft. 1,008
TOTAL $2,158
29. All fees and other charges must be paid before the installation work
will begin.
30. At least on week advance notice should be given.
31. There is an existing fire hydrant across the street from the project
site. The addition of any new fire hydrants or relocation of any
existing, if required by the City Fire Marshall would be completed at
the owner's expense. The cost of any hydrant improvements would be
furnished by the District upon request.
32. If any walls or fences are to be built on the north property line, the
following must be done: 1) Care must be exercised when excavating
for the wall footing or installing posts so as not to damage the existing
4-inch steel water main. 2) All cost for damages and/or repair to main
due to construction of any fence or wall shall be borne by the
owner/developer. The method of repair or replacement shall be
approved by the District before repairs begin. 3) The owner of the
property shall execute an agreement that provides that if at any time
in the future the water main requires repair; the owner shall pay for
all costs related to the repair including removal and replacement of
the wall (or fence) or any improvements in the vicinity of the required
repair.
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