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PCRES 1991-048PLANNING COMMISSION RESOLUTION 91-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE FROM THE DWELLING UNIT SIZE REQUIREMENTS AND OFF-STREET PARKING PROVISIONS CASE NO. VAR 91-017 - DESERT VILLAS, LTD. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22nd day of October, 1991, hold a duly -noticed Public Hearing to consider the request of Desert Villas, Ltd. for a Variance to Section 9.160 (Off -Street Parking) La Quinta Municipal Code (LQMC), to permit a parking ratio reduction, tandem parking garages, and a Variance to Section 9.156.040 to permit dwelling unit sizes less than the 750 square feet minimum or any other items deemed necessary by the Planning Commission, more particularly described as: SOUTH 1/2 NORTHWEST SECTION 6, T.6.S., R.7.E. S.B.B.M. APN: 769-030-032 (PORTION) 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 82-213, adopted by reference in City of La Quinta Ordinance 5) , in that the Planning Director conducted an initial study, and has determined that the proposed project will not have a significant adverse impact 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 granting of said Variance: The strict application of the off-street parking requirements and design standards to the subject property will deprive the Applicant of providing an innovative design solution (tandem parking spaces) for their senior project. The tandem spaces will help the developer achieve their on -site parking needs for this single story development request without having to pursue a two story development plan. In order to maintain the affordability of the project for low and moderate income seniors, it is necessary to reduce the unit sizes of some of the units to about 200 square less than the minimum requirement of 750 square feet to reduce the construction cost. 3. There are no physical constraints which prohibit development of the site. The mitigation measures of the Environmental Assessment will insure long- term environmental impacts will not affect the community or abutting properties. The Conditions of Approval will assure that the project is designed in an orderly fashion. RESOPC.054 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 the Environmental Assessment 91-212 which indicated that approval of the Variance would not constitute a significant impact on the environment and hereby approves a Negative Declaration of environmental impact. 3. That it does hereby grant said Variance 91-017 for the reasons set forth in this Resolution and subject to the attached conditions (Exhibit "A"). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22nd day of October, 1991, by the following vote, to wit: AYES: Commissioners Ladner, Marrs, and Chairwoman Barrows NOES: None ABSENT: Commissioners Mosher & Ellson ABSTAIN: None KATIE BARROWS, Chairman City of La Quints, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.054 2 PLANNING COMMISSION RESOLUTION 91-048 EXHIBIT "A" CONDITIONS OF APPROVAL - APPROVED VARIANCE 91-017 - DESERT VILLAS, LTD. CONDITIONS: 1 . Senior apartment units within the project will be allowed to have dwelling unit sizes less than 750 square feet but in no case less than 550 square feet. The units shall be rented to low and very low income seniors for permanent housing. The units shall not be rented as second homes. A deed restriction shall be recorded against the property describing this requirement. 2. The approval shall remain active as long as Plot Plan 91-467 is in effect. 3. The tandem parking garages shall have internal access provided from inside the garage to the inside of the dwelling unit without having to go outside, provided the Uniform Building Code provisions can be maintained. 4. All senior apartment units required by the City shall maintain a parking izatio of one on -site covered garage space per unit plus 0.5 space per unit open guest parking. 5. Approval of the Variance is subject to approval of Change of Zone 91-066 and Plot Plan 91-467. RESOPC.054 3