HomeMy WebLinkAboutCC RES 76-130..,.�. _ �...�
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Rr:ALUTION N0. 76-�30
A RESOLUTIQN Of THE CI7Y t�U1CIl OF THE CITY OF PIII.M OESER?,
CALiFONNIA. ANNOINICIN6 FINOINGS IIND MPROYI116 AN APPEAL OF
� p1,A1p1IN6 00lMISSIaI OENIAL FOR A YARINICE FROM SECTION
25.31-4 OF TNE PALM DESERT l�NIICIPAL COOE TO ALLOW THE CON—
STRIICTION OF TiiO (2) 1110—STORr APARTMENt BUILDIM65 IN TNE
R•3• S.P. ZONE OISTRICT. ON Pi�PERTY 6ENERALL� IOCATED ON
1F� MEST SIOE OF PORT0I.A AYEN�E, SOUTH OF FLAGSTONE LANc.
CASE N0. YARINICE 03-76
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MIEREAS, the Cfty Council of the C1ty of Pal�n Desert, California. did
�iYe � wrttten appeal of a Ptanning Ca�issio� declsion and the City Council
did oe October 14. 1976, hold a duly noticed Public Hearing to consider said
�ppe�l of F. S. 6 L. INOUSTRIES for a Yariance to atlow fo� the const►vctio� of
two (2) two-story apartment butldings on property lowted in the R-3, S.P. Zone
District. and situated at the southwest corner of Portola Avenue and Flagstone
Une,and �re particularir described as:
lots 16 6 17, Shado� Mbuntain
Golf Club Estates, Unit ho. 1
IMEREAS� a Megative Decla�ation has been filed anA the project has met
the requirements of the "Palm Dese�t f�vironmental Quatity Procedure Resolution
ib. 74-14". and the appeat period has expired; a�d,
WHEREAS. at said Public Hearing, upon heari�9 and co�sidering all testimony
and argunents, if any, the City Council did fi�d that the followin9 facts and
�easons exist to justify the approval of said appeal and said Variance:
1. Stritt enforcement of this Section of the Zo�ing Ordinance rrould
►esult in difficulty and adve�-se hardship on the property owner, in that he r+ould
not be able to derelop his property in the same aia�ner as the previous six lots.
2. Special circu�nstances do exist on these parcels that would warrant
� deviation froe the requirements of the 2oning Ordina�ce in that the development
of these tro parcels in a �aanner similar to the previously approved units roould
tfford a better parking pattern and proride more open space.
3. Strict enforce+nent of this Sectios� of the 2o�ing Ordinance «ould deprive
the owner of the privilege of developing his property i� the sanie inanner as other
R•3 toned property in tt�e vicinity.
4. Thc granting of this Yariance r+outd not be detrimental to surrou�di�g
propertle� in the area 1n that the height and mass of the proposed structures would
be of sisila� Scale Mith the surrounding aparGnents in the area.
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Resolutlon No. 76-130
� {'�� NOM. THEREFORE. BE IT RESOLYEC by the City Council of the City of Palm
&`
� �. Desert. G1lfornia, as follars:
3 1. That the abore recitations are t►ve ard correct and co�stitute the
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indi s of the C1t,p Councit fn tMs case• and
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2. Th�t the appeal of the Planning Conniission denial of a request for a
Yariance is approved, and the Yariance is hereby 9ranted, subject to conditions as
atbched.
PASSEO. APPROYED, and ADOPTED by the City Council of the City of Palm
Desert, Calffornla, on this 28th dar of October, 1916. by the folloainq vote:
AYES: McPherson, Mullins, b Brush
NOES: Ne++brande�
ABSENT: Seidler
ABSTAIN: None
ATTEST:
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CITr COUNCIL RESOLt1T N0. 76-130 OCTOBER 28, 1977
CONOITIONS OF APPROYAL
CASE I10. YARIANCE 03-76
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the de�relopwent of this pro3ect shail confon� substantiallr to all develop-
�ent ptans subwitted 1n behalf of this case (Exhibit A), and as revised
�tcor�ding to Planning Wn�aission action. Any minor changes require approval
by the 0lrector of Environ�ental Serwices. My substantial chanqe reQuires
ipprov�l bp the Planni�g to�wission.
All requirements of any law, ordinance, or regutation of the State, City,
ind any other apptitabte gorerrnKnt entity shall be comptied Mith as part
of the develop�nent process.
This approval is appllcable, subject to the development of this project,
tanAencing wtthin one year from approval date and being pramptly completed.
Al1 service lines for utilities shalt be placed u�erground.
No roof top a1r corMftioni�g equipment shall be permitted, unless properly
screened.
Lard scaping with irrigation system shall be provided as approved by the
Desi9n Revie+r Boae�d Process for installation prior to final inspection
and recetving certificate of occupancy.
Perimeter screening in the form of fencing a�d la�Ascaping shall be
provided as approved by the Design Review Board Praess.
Curb. gutter, curb cuts, and tie-in pavin9 shall be provided for by means
of installation. Construction shall conform to City of Palm Desert
Standards. Said cu�b a�d gutter shail be i�stalled on Flaqstone Lane
as it fronts on the subject property, along Portola Avenue from Flagstone
La�e to Grapevine. and aiong Grapevine to fihitesto�e Lane.
The height of the structures shall not exceed taenty (20) feet above the
average 9rade elevation of the property.
Se++er hookup shall be made if mains exist withi� 200 feet of the property.
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11. The applicant shall dedicate five (5) feet bepo�d the curb and gutter
and provide for a public utility easement to a point ten (10) feet beyond
the curb line.
12. The applicant shall erginee� and insWll the cross gutter for Flagstone
Lane and MhitesWne La�e.
13. The applicant shall be responsible fo� obtainin9 the cooperatio� of the
property ormers in the insWllatio� of curb and gutter on the earl�er
units.
AGREElENT
I actept at�d agree. prior to the use of this peneit or approval, to comply with
•11 the conditions set fo�th, a�d urderstand that the Department of Building and
Safetr Mill not issue a permit or allow occupancy on the use permitted until
this si9ned confiniation has been receired by the Department of Enviromiental
Services.
(Date) (App1iW nt's Signature)
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