HomeMy WebLinkAboutRes No 2107PLANNING COMMISSION RESOLUTION NO. 2107
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT FOR A 3,138 SQUARE FOOT, 16 FOOT HIGH,
DETACHED ACCESSORY BUILDING WITHIN THE REAR YARD
OF THE PROPERTY LOCATED AT 77-555 DELAWARE PLACE,
APN 637-160-029
CASE NO. CUP 01-18
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of January, 2002, hold a duly noticed public hearing to consider the request by KENNY
& DONNA LUCKEROTH, 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.
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 01-18 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2107
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 15th day of January, 2002, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2107
CONDITIONS OF APPROVAL
CASE NO. CUP 01-18
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:
Coachella Valley Water District
Palm Desert Architectural Commission
City 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 20 foot setback along the rear (south) and 15 foot setback
on the west side property line and a 22 foot setback on the east side property line.
6. That the use of the proposed structure shall be limited to the storage of automobiles,
RV's, boats and the like and shall not be used as a second residential unit.
Department of Public Works:
1. In accordance with the 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 issuance of any permits associated with this project. The grading plan
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PLANNING COMMISSION RESOLUTION NO. 2107
shall determine appropriate fencing that shall be provided in place of the nonconforming
chain -link fencing.
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.
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