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PC Resolution 1987-018PLANNING COMMISSION RESOLUTION NO. 87-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND (DENYING/GRANTING) A VARIANCE FROM PARKING CASE NO. VAR 87-005 RICK JOHNSON CONSTRUCTION/MARGARET R. MEILE WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of December, 1987, hold duly -noticed Public Hearing to consider the request of Rick Johnson Construction and Margaret R. Meile for a variance to Section 9.160.040 of the La Quinta Municipal Code (LQMC), permitting 12 permanent on -site parking spaces where 15 are required, for property generally located at the northwest corner of Avenida Montezuma and Avenida Mendoza, more particularly described as: Lot 1, 2 & 3 of Block 128, Santa Carmelita at Vale La Quinta, Unit #14, in M.B.18, pages 82 and 83 of Maps. WHEREAS, said variance request 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 has conducted an initial study and has determined that the proposed variance will not have a significant effect on the environment; and WHEREAS, 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 justify the (approval/denial) of said variance: 1. The strict application of parking requirements to the subject property (will/does not) 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/other means available). 2. Approval of the variance (as conditioned will not/will) constitute the granting of a special privilege inconsistent with limitations on other similarly zoned property in the area. MR/RESODRFT.018 1 3. a. The conditions of approval will assure that the purpose and intent of the parking requirements are satisfied without adversely affecting adjacent parcels; or b. Granting the variance will adversely affect 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. 87-082, which indicated that the variance would not constitute a significant impact on the environment. 3. That it does hereby (grant/deny) said Variance Case No. 87-005 for 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 2th day of December , 1987, by the following vote, to wit: AYES: Commissioners Steding, Bund, Zelles, Moran, Walling NOES: ABSENT: ABSTAIN: ATTEST - in ng 4De for MR/RESODRFT.018 2 CONDITIONS VAR 87-005 DECEMBER 8, OF APPROVAL (DRAFT/RECOMMENDED) 1987 EXHIBIT A 1. Prior to the issuance of a building permit, the Property Owner must either provide: a) 15 permanent parking spaces as required by the La Quinta Municipal Code; or, b) pay a cash mitigation payment in the amount -per -space as determined by the Planning and Development and Public Works Departments, plus an inflation factor which is to be calculated at the time of agreement execution, for the construction of three permanent paved parking spaces and enter into an irrevocable offer to participate in any future parking improvement district that may be formed. A payment schedule may be established, provided the period does not exceed four years, and except that if an assessment/benefit or other parking improvement district is created the obligation of the property owner shall become due and payable under the terms of said district or other parking improvement entity. The money collected may be released to a City -created parking district, or, the money collected may be used in the furtherance of general parking improvements in the Village Commercial area, at the option of the City; and, further, any financial obligation issued against said property will be reduced accordingly to the amount of mitigation money paid at the time. 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 87-383 is also extended. The term "use" shall mean the beginning of substantial construction of the addition, which construction must thereafter be diligently pursued to completion. 3. Any offsite parking contemplated in satisfaction of Condition 1, above, shall secure City approval through the Plot plan review process. MR/CONAPRVL.015