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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 /tm -2- 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. -3- 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." -4- 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. -5-