HomeMy WebLinkAboutRes No 1760PLANNING COMMISSION RESOLUTION NO. 1760
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE CONSTRUCTION A 5 FOOT GARDEN WALL,
GAZEBO AND VARIOUS PRIVATE RECREATIONAL USES AT 72-796
BEL AIR ROAD.
CASE NO. CUP 96-23
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 3rd day of September, 1996, hold a duly noticed
public hearing to consider the request of the above mentioned; and
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 95-105," in that the director
of community development has determined that the project is a Class 5
categorical exemption for purposes of CEQA and no further documentation
is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said planning commission did find the following facts and
reasons to exist to justify the granting of said conditional use permit:
1. The proposed location of the conditional use is in accord with
the objectives of the zoning ordinance and the purpose of the
district in which the site is located.
The proj ect' s use is compatible with the surrounding area and
the Architectural Review Commission gave preliminary approval
at the August 13, 1996 meeting.
2. The proposed location of the conditional use and the
conditions under which it will operated and maintained will
not be detrimental to the public health, safety or general
welfare, or materially injurious to properties or improvements
in the vicinity.
The recreational uses will be limited to the property owners
and their family, and will not be detrimental to the public
health, safety and general welfare.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
The projects meets all applicable development standards
prescribed by the City's Zoning Ordinance.
4. The proposed conditional use will comply with the goals,
objectives, and policies of the city's adopted general plan.
The recreational uses and improvements are allowed within the
existing residential district upon an approved conditional use
PLANNING COMMISSION RESOLUTION NO. 1760
permit. The improvements comply with the goals, objectives
and policies of the adopted general plan.
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 Conditional Use Permit 96-23 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 3rd day of September, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, BEATY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
EST
n
PHIIP DREL Secretary e •'
Palm Desert Planning Commission
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P-P6 A
PAUL R. BEATY, Chairpson
PLANNING COMMISSION RESOLUTION NO. 1760
CONDITIONS OF APPROVAL
CASE NO. C.U.P 96-23
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the Department of Community Development, as
modified by the following conditions.
2. Construction of a portion of said project shall commence within one
year from the date of final approval unless an extension of time is
granted; otherwise said approval shall become null, void and of no
effect whatsoever.
3. 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.
4. 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:
Palm Desert Architectural Commission
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.
5. The use of the private recreational facilities shall be limited to
the owner and his family.
6. The lighting of the project shall be detailed by a lighting
engineer to ensure compliance with city's lighting requirements.
7. All recreational related lighting shall be turned off by 10:00 p.m.
8. A deed restriction shall be recorded on the property to the
satisfaction of the city attorney, preventing the sale of the
property prior to the construction of a single family home or
demolition of the recreational improvements permit without
amendment to this conditional use permit.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Chapter 27, complete
grading plans and specifications shall be submitted to the Director
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PLANNING COMMISSION RESOLUTION NO. 1760
of Public Works for checking and approval prior to the issuance of
any permits associated with this project.
2. Proposed finished grade elevations are subject to review and
approval in accordance with Chapter 27 of the Palm Desert Municipal
Code.
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