PCRES 1992-001PLANNING COMMISSION RESOLUTION 92-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND
DENYING A VARIANCE FROM THE SETBACK REQUIREMENTS
AND OFF-STREET PARKING STANDARDS OF THE LA QUINTA
MUNICIPAL CODE
CASE NO. VAR 91-019 - SIMON PLAZA, INC.
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 22nd day of October, 1991, the 26th day of November, 1991, the 10th day
of December, 1991, and the 14th day of January, 1992, hold duly-noticed Public
Hearings to consider the request of Simon Plaza, Inc. for a Variance to Section
9.160.045 and 9.160.050 of the La Quinta Municipal Code (LQMC), to allow a
reduction in the setback requirements and on-site parking standards, more
particularly described as:
NORTH 1/2 SECTION 30, T.5.S., R.7.E.
APN: 617-020-020 THROUGH 025
WHEREAS, said Variance request has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" (As
amended and adopted by City Council Resolution 83-68), 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 denying of said Variance:
The strict application of the building setback requirements and off-street
parking standards to the subject property will not deprive the property owner
of receiving an economic return on his development investment since other
properties in the area have met the minimum City requirements. The purpose
and intent of the Zoning Code standards is to promote health and safety
standards and provide design guidelines which are necessary to insure each
property owner has the same privileges as his/her abutting neighbor.
2. Denial of the Variance will prevent the City from granting special privileges
to the Applicant consistent with limitations on other similarly zoned property
in the area which have had to meet the minimum Zoning Code provisions.
3. The development of the property with reduced setbacks would adversely
affect the continued enjoyment of the properties in the area and set a
precedent in the City to reduce the City Design Standards to a lesser degree
than planned by the implementation of the City's existing Zoning Code and
General Plan.
RESOPC.053
4. The developer has not shown that this property has special problems which
are not unlike other properties in this area of the City. The property is large
enough to support urban improvements and no topographic problems are
prevalent on this site to warrant a reduction in City development standards
due to special merit concerns.
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
91-211 which indicated that denial of the Variance would not constitute a
significant impact on the environment and hereby approves a Negative
Declaration of environmental impact.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 14th day of January, 1992, by the
following vote, to wit:
AYES: Commissioners Mosher, Ladner, Ellson, Chairwoman Barrows
NOES: Commissioner Marrs
ABSENT: None
ABSTAIN: None
ATTEST:
~Y H~RNIAN, Planning Director
of I~( Quinta, California
KA IE BARROWS, Chairman
City of La Quinta, California
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