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HomeMy WebLinkAboutRes No 2091PLANNING COMMISSION RESOLUTION NO. 2091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 1,441 SQUARE FOOT, DETACHED ACCESSORY BUILDING WITHIN THE REAR YARD OF THE PROPERTY LOCATED AT 73-263 SALT CEDAR STREET. THE PROPERTY IS ALSO REFERRED TO AS A.P.N. 630- 270-001. CASE NO. CUP 00-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 2001, hold a duly noticed public hearing which was continued to September 18, 2001, to consider the request by BRADFORD GARROW, for the above mentioned application; 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. 00-24," in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption for the purposes of CEQA; 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 as conditioned is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. PLANNING COMMISSION RESOLUTION NO. 2091 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 00-21 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 18th day of September, 2001, by the following vote, to wit: AYES: CAMPELL, JONATHAN, TSCHOPP, LOPEZ NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL,ecretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 2091 CONDITIONS OF APPROVAL CASE NO. CUP 00-21 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 statues 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 Riverside County Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Said building shall maintain an 11 foot 6 inch setback along the rear (south) and a 22-foot setback along the west property lines. 6. That the use of the proposed structure shall not be used as a second residential unit. 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 of Public Works for checking and approval prior to the issuance of any permits associated with this project. 2. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading design shall include consideration of existing topography. 3 PLANNING COMMISSION RESOLUTION NO. 2091 3. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 4