PC Resolution 1987-011PLANNING COMMISSION RESOLUTION NO. 87-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS
AND GRANTING A VARIANCE FROM MINIMUM LOT AREA,
DEPTH, AND WIDTH REQUIREMENTS
CASE NO. VAR 87-003
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 John Cody and Dick Brady,
Architects/Dr. Gabriel Giannini, Guardian, for a variance to
requirements of the W-2 zoning district in order to subdivide 126.8
acres into 12 residential lots and one open space parcel, generally
south of Avenue 54 and along the west side of the All American Canal;
and,
WHEREAS, said Variance Case has complied with the
requirements of "The Rules to Implement the California Environmental
Quality Act of 1970" (County of Riverside, Resolution No. 82-213,
adopted by reference in City of La Quinta Ordinance No. 5), in that
the Planning Director conducted an initial study, and has determined
that the proposed variance will not have a significant adverse impact
on the environment; 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 to justify the approval of said Variance Case:
1. "Special Circumstances" due to the topographical constraints
of the subject property, access and drainage retention
requirements indicate that the Variance warrants favorable
consideration.
2. The strict application of minimum lot area and dimension
requirements of the W-2 zone to the subject property will
deprive it of privileges enjoyed by other similarly zoned
property in the vicinity since the purpose and intent of
said requirements can be reasonably attained due to the
permanent open and undevelopable nature of the remaining
hillside.
3. Approval of the Variance would not constitute granting of a
special privilege inconsistent with limitations on similarly
zoned property in the vicinity since the Open Space land use
policies indicate that a modified zoning district needs to
be established to address limitations on properties which
are designated as Open Space.
MR/RESODRFT.011 1
4. Granting of a public resources easement to the City over
92.5 percent of the property will assure that the purpose
and intent of minimum of requirements is satisfied without
adversely affecting adjacent parcels.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
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. 86-062 relative to the environmental concerns
of this Variance;
3. That it does hereby approve the above -described Variance
Case No. 87-003 for the reasons set forth in this Resolution
and subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 14th day of July , 1987, by
the following vote, to wit:
AYES: Commissioners Steding, Moran, Bund, Walling, Zelles
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/m
PLANNI G D ECTOR
MR/RESODRFT.011 2
VARIANCE CASE NO. 87-003
PROPOSED CONDITIONS OF APPROVAL
JULY 14, 1987
1. This Variance approval shall expire two years after the date of
approval by the La Quinta City Council unless approved for
extension as provided for by the City of La Quinta Zoning
Ordinance. No extension shall be granted unless Tentative Tract
Map No. 21939 is also extended.
2. Applicant shall execute a public resources easement in favor of
the City of La Quinta. The agreement shall provide a legal
description of the subject 117.2 acres (Lot 13 of Exhibit A on
file as TT 21939) and shall set forth restrictions on the
property, in accordance with these conditions and those for TT
21939. The agreement shall grant to the City all access and
development rights which may accrue to the property due to
subsequent actions by the City. The agreement shall not place
restrictions as to the City's discretionary use of the property.
MR/CONAPRVL.008