HomeMy WebLinkAboutRes No 0983PLANNING COMMISSION RESOLUTION NO. 983
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, 230 FEET SOUTH OF
SHADOW MOUNTAIN DRIVE.
CASE NO. PP 84-29 and ADJ 84-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 st day of August and 4th day of September, 1984, hold a duly noticed public hearing
and continued public hearing 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 84-29 and ADJ 84-1 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 4th day of September, 1984, by the following vote, to
wit:
AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTE
ON A. D ° Z, Secretary
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BUFORD CRITES, Chairman
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PLANNING COMMISSION RESOLUTION NO. 983
CONDITIONS OF APPROVAL
CASE NO. PP 84-29
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 and entirely landscaped.
Department of Public Works:
6. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
7. Drainage facilities shall be provided, per Ordinance No. 218, and the Master
Drainage Plan, to the specifications of the director of public works.
8. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
9. Landscaping maintenance on Portola Avenue shall be provided by the homeowners.
10. Existing utilities on Portola Avenue shall be undergrounded.
11. 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.
12. Size, number, and location of driveways to public works specifications.
13. Only one driveway approach will be allowed to serve this property. Size and
location to public works specifications.
14. Installation of 6-foot PCC sidewalk per City of Palm Desert Drawing No. 105 for
the complete frontage of property on Portola Avenue.
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