PCRES 1989-036PLANNING COMMISSION RESOLUTION NO. 89-036
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS AND GRANTING A
VARIANCE FROM THE LOT WIDTH/LOT DEPTH
STANDARDS IN THE SR ZONE
CASE NO. VAR 89-007 - CAROL CLEEK
WHEREAS, the Planning Commission of the City of La
Quinta, California, did, on the 8th day of August, 1989, hold
duly -noticed Public Hearing to consider the request of Carol
Cleek for a variance to Section 9.42.050 B(2) of the La Quinta
Municipal Code (LQMC), permitting the merger of two 50-foot by
100-foot lots, for property generally located at mid -block
between Calle Chihuahua, Avenida Herrera, Avenida Velasco, and
Calle Monterey, more particularly described as:
Lots 6 & 19 of Block 217, Santa
Carmelita at Vale La Quinta, Unit 21,
in M.B. 20, page 22 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 that a Negative Declaration is appropriate for file; 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 of said variance:
1. The strict application of the lot depth/lot width
requirements to the subject property will deprive
it of privileges enjoyed by other similarly -zoned
property in the area, in that an intent of the SR
zone and current City policy is to encourage lot
mergers and that the zoning requirements may be
reasonably mitigated by attaching special
conditions of approval.
2. Approval of the variance as conditioned will not
constitute the granting of a special privilege
inconsistent with limitations on other similarly
zoned property in the area.
MR/RESO89.037 -1-
3. 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 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. 89-126, which
indicated that the variance would not constitute a
significant impact on the environment, and a
Negative Declaration is hereby adopted;
3. That it does hereby grant said Variance 89-007 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 8th day of
August, 1989, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ci
Commissioners Moran,
Chairman Walling
None
None
None
B, eianning uirect
Quinta, California
Bund, Steding,
JOHN ,WALLING, Chai
Ci of La Quinta,
Zelles,
fornia
MR/RESO89.037 -2-
PLANNING COMMISSION RESOLUTION 89-036
CONDITIONS OF APPROVAL
VARIANCE 89-007
AUGUST 8, 1989
EXHIBIT A
1. Prior to applying for a parcel merger, and any
construction on the property, the Applicant shall comply
with current code requirements; and further, that any
businesses or operations being conducted on the property
be conducted according to the City's regulations of
in -home businesses with the appropriate licenses for such.
2. The Applicant shall construct six-foot high block walls
along the south, north, and east property lines of Lot
19. The eastern property line wall is limited to having
only a three -foot -wide gated pedestrian access. No
vehicular access is permitted from Avenida Velasco.
Also, the eastern property line wall shall be set back 10
feet from the edge of Avenida Velasco right-of-way. This
10-foot setback area shall be landscaped and provided
with an irrigation system. The plans shall be submitted
to the Planning and Development Department for review and
subsequent acceptance prior to the installation of any
landscaping material.
3. Prior to applying for a parcel merger, a detailed plot
plan, identifying the location of the proposed landscape
and pool, shall be submitted for Planning Commission
review at an available Study Session. Information must
also be presented to the Commission to indicate that the
appropriate business license and home occupation permit
has been secured, per City codes.
4. Prior to the recordation of approved parcel merger deeds,
the Applicant shall apply for building permits and start
the construction of the pool and walls. After completion
of said improvements, the deeds will be recorded to
reflect the parcel merger.
5. This variance approval must be used within one year after
the date of approval by the Planning Commission, unless
approved for an extension as provided in the La Quinta
Municipal Code. The term "used" shall mean the
construction and installation of pool, landscaping, and
walls, and the recordation of parcel merger deeds,, which
construction and installation, once started, must be
thereafter diligently pursued to completion.
MR/CONAPRVL.071 -1-