PC Resolution 1987-008PLANNING COMMISSION RESOLUTION NO. 87-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND
GRANTING A VARIANCE FROM PARKING AND PERIMETER WALL
REQUIREMENTS
CASE NO. VAR 87-004
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14th day of July, 1987, hold a duly -•noticed
Public Hearing to consider the request of Benjamin Urmston/Warren &
Diane Johnson for a variance to Section 9.160.040 (L) La Quinta
Municipal Code (LQMC), permit 9 permanent on -site parking spaces
instead of 13 , and Section 9.160.030 (E) LQMC, requesting relief
from requirements regarding a perimeter wall, for property generally
located at the northeast corner of Calle Cadiz and Avenida Bermudas,
more particularly described as:
Lot 1 Block 7 of Desert Club Tract, Unit #1,
in M.B.19, p.75 of Maps.
WHEREAS, said variance request has complied with the
requirements of "The Rules to Implement the California Environmental
2uality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quintet Ordinance No. 5), in that
the Planning Director has conducted an initial study and has
3etermined that the proposed variance will not have a significant
affect on the environment; and
WHEREAS, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard,
;aid Planning Commission did find the following facts and reasons to
justify the granting of said variance:
1. The strict application of the subject parking requirements
to the subject property will deprive it of privileges
enjoyed by other similarly zoned property in the area, since
the purpose and intent of the parking requirements may be
reasonably attained by special conditions of approval and
existing wall.
2. Approval of the variance as conditioned will not constitute
the granting of any special privileges inconsistent. with
limitations on other similarly zoned property in the area.
3. The circumstances of a one-way alley will require future
angle parking which will eliminate one additional on -site
parking space. Therefore, the approval is to permit eight
permanent on -site parking spaces instead of the required 13
parking spaces.
R/RESODRFT.008
4. The conditions of approval will assure that the purpose and
intent of the parking requirements are satisfied without
adversely affecting adjacent parcels.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission c
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and .
constitute the findings of the Commission in this case;
2. That it does hereby confirm the conclusion of Environmental
Assessment No. 87-072, which indicated that approval of the
variance would not constitute a significant impact on the
environment.
3. That it does hereby grant said Variance Case No. VAR-004 fc
the reasons set forth and subject to the conditions labeled
Exhibit A, attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 25th day of August 1987,
by the following vote, to wit:
AYES: Commissioners ?Moran, Steding, Walling, Bund, Zelles
NOES:
ABSENT:
ABSTAIN:
ATTES :
j'
Plann ng Di ctor
MR/RESODRFT.008
CONDITIONS OF APPROVAL (DRAFT/RECOMMENDED) EXHIBIT A
VAR 87-004
JULY 14, 1987
1. Prior to the issuance of a building permit, an irrevocable bond
in the amount of $32,400 shall be provided for the construction
of five permanent paved parking spaces. The City shall be noted
as the beneficiary. The bond shall not be released without
written authorization by the Planning and Development Director.
In any case, the bond is to remain in effect until a parking
district or other City parking program is established. The monel
may then be released to said district if created, or credited
toward any parking assessment established against Lot 1 of Block
7 of Desert Club Tract, Unit #1, in M.B. 19, pg. 75 of Maps.
2. This Variance approval must be used within one year after the
date of approval by the La Quinta Planning Commission unless
approved for an extension, as provided in the La Quinta Municipal
Code. No extension shall be granted unless Plot Plan 87-381 is
also extended. The term "use" shall mean the beginning of
substantial construction of the office building, which
construction must thereafter be diligently pursued to completion.
3. Variance Case No. 87-004 shall not be effective until and unless
CZ 87-025 and Plot Plan 87-381 are approved.
4. The existing wall and oleanders along the eastern property line
shall remain until the adjacent property to the east is rezoned
to commercial.
MR/CONAPRVL.005
CONDITIONS OF APPROVAL (DRAFT/ALTERNATIVE)
VAR 87-004 EXHIBIT A
JULY 14, 1987
Should the Commission wish to accept the temporary parking on an
interim basis instead of having the Applicant pay for future parking,
the following conditions are offered:
1. The allowance for temporary parking area among the northerly
alley right-of-way shall be restricted as follows:
a. The said subject parking area shall be developed in
accordance with Exhibit A-1 and/or Conditions of Approval as
contained in the file for PP 87-381, except where these
conditions shall take precedence.
2. Applicant shall provide an appropriate legal instrument
establishing the subject parking restrictions in accordance with
these conditions.
a. Said parking shall be developed and maintained as permanent
parking for a period of no less than five (5) years from the
date of issuance of a Certificate of Occupancy. The City
shall be made a consent party to review, modify, terminate
or extend any provisions of said legal instrument.
b. The Applicant shall be aware that the variance is granted
based partially on uncertainty of the final adopted policies
and recommendations of the Village Specific Plan. Granting
of this variance shall constitute the irrevocable right of
the City to impose any necessary action as is deemed
necessary and legally appropriate to insure that the
Applicant complies with said Specific Plan at such time as
the temporary agreement is terminated. Such actions may be
in the form of assessment fees, mandatory inclusion of the
property in the formation of a parking district, the direct
payment of equivalent fees, mandatory participation in any
Program(s) (site acquisition, etc.) the City may employ for
provision of adequate parking areas in the Village, etc.
Wording to reflect this condition shall be made a part of
the agreement.
C. The agreement shall be signed by all affected property
owners, and shall be subject to review and approval by the
following City officials:
1) City Manager
2) Planning Director
3) City Attorney
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