VAR 2001-032; PM 30892J
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
November 20, 2002
Lench Design Group
Mr. Skip Lench
P. 0. Box 450
La Quinta, CA 92253
SUBJECT: VARIANCE 2002-032 AND PARCEL MAP 30892
Dear Mr. Lench:
(760) 777-7000
FAX ,(760) 777-7101
This is to inform you that the Planning Commission at their meeting of November 12,
2002, approved your Variance and Parcel Map, .subject to conditions. A copy of ,the .
Resolutions and Conditions are attached for your information.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
(JERRY HERMAN
Community Development Director
JH:bjs
-- - - -_---- c: Building and Safety Department
Enclosures
PLANNING COMMISSION RESOLUTION 2002-105
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, . CALIFORNIA, APPROVING A
VARIANCE TO ALLOW THE REDUCTION OF LOT SIZE AND
STREET FRONTAGE FOR TWO PARCELS LOCATED AT 53-
220 AND 53-240 AVENIDA BERMUDAS
CASE NO.: VARIANCE 2002-031
APPLICANT: LENCH DESIGN GROUP
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 12th day of November, 2002 hold a duly noticed Public Hearing to consider
a request by the Lench Design Group for a Variance to Section 9.50.030.B. to allow
the reduction of lot size and street frontage for two parcels located at 53-220 and 53-
240 Avenida Bermudas, more particularly described as follows:
APN: 774-043-011 and 012
WHEREAS, this project has complied with the requirements of "The Rules
to Implement the California Environmental Quality Act of 1970" as amended
(Resolution 83-63) in that this project is Categorically Exempt per Section 15303
(Class 3); 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 make the following mandatory findings pursuant to Section
9.210.030 Variances, of the Zoning Code, all findings can be met as listed below:
1. Consistency with the General Plan: The approval is consistent in that the
request does not exceed the density for the area and complies the land use
designation of Cove Residential/Medium Density (up to 8 units per acre).
2. Consistency with the Zoning Code. The request is not consistent with the
Zoning Code in that the lot division will create two lots smaller in size and width
than what is- currently allowed in the Cove Residential Zone. Therefore the
Variance and Parcel Map applications were filed to allow the request.
3. Surrounding Uses: Granting of the Variance and Parcel Map will not create a
condition that is detrimental the public health, safety and general welfare or
injurious to, or incompatible with; other properties or land uses in the vicinity.
The two lots with two houses are consistent with all the immediate surrounding
properties. They are consistent with the adjacent parcels in that within the
immediate block the parcels created are consistent in size with every parcel.
G:\WPDOCS\PC ResolutionsWar-Lench.wpci
PLANNING COMMISSION RESOLUTION 2002-105
VARIANCE 2002-031 - LENCH DESIGN GROUP
NOVEMBER 12, 2002
With regard to the block immediately to the south, they are consistent. with
every lot. With regard to the block immediately to the west and east they are
consistent with all but two parcels.
5. Special Circumstances: There are special circumstances applicable to this
property. Those circumstances include that, through no fault of the Community
Development or Building and Safety. Department, when the two lots were
merged, Riverside County left these parcels with two separate Assessor Parcel
Numbers creating the appearance there were two lots. When building permits
were issued they were issued for two separate parcel numbers. The lots were
apparently purchased without the purchaser knowing the two lots had been
merged.
6. Preservation of. Property Rights. Granting of the Variance and Parcel. Map is
necessary for the preservation of a substantial property right possessed by the
other property in the same vicinity and zoning district and otherwise denied to
the subject property.
7. No Special Privileges. Conditions have been placed on the Variance and Parcel
Map to assure that the adjustment authorized will not constitute a grant of
special privileges which are inconsistent with the limitations placed on other
properties in the vicinity subject to the same zoning regulations.
8. No Land Use Variance. This approval does not authorize a land use or activity
which is not permitted in the applicable zoning district. 9.210.020 of the Zoning
Code to justify approval of said Conditional Use Permit:
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
Planning Commission for this Variance.
2. That it does hereby approve Variance 2002-031 for the reasons set forth in this
Resolution.
G:\WPDOCS\PC Resolutions\Var-Lench.wpd
PLANNING COMMISSION RESOLUTION 2002-105
VARIANCE 2002-031 LENCH DESIGN GROUP
NOVEMBER 12, 2002
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 12th day of November, 2002, by the following vote,
to wit:
AYES: Commissioners Abels, Kirk, Robbins, Tyler, and.Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RICH BUTLER, Chairman
City of La Quinta, California
ATTEST:
JERRY HERMAN, Community Development Director
City of La Quinta, California
G:\WPDOCS\PC ResolutionsWar-Lench.wpd
PLANNING COMMISSION RESOLUTION 2002-106
A RESOLUTION OF THE PLANNING COMMISSION OF -THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP TO ALLOW THE SUBDIVISION
OF A SINGLE RESIDENTIAL LOT INTO TWO SEPARATE
RESIDENTIAL LOTS LOCATED AT 53-220 AND 53-240
AVENIDA BERMUDAS
CASE NO.: TENTATIVE PARCEL MAP 30892
APPLICANT: LENCH DESIGN GROUP
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 12th day of November, 2002, hold a duly noticed Public Hearing to consider
a request of the Lench Design Group to allow one residential lot to be developed into
two separate residential lots located at 53-220 and 53-240 Avenida Bermudas, more
particularly described as:
APN 774-043-011 and 012
WHEREAS, said Tentative Parcel Map has complied with the requirements
of "The. Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63), in that this project is Categorically Exempt per Section
15303 (Class 3).
WHEREAS, at said Public Hearing, upon hearing and considering all .
testimony and arguments, if any, of all interested persons wanting to be heard, said
Commission did make the following Mandatory Findings to justify approving said
Tentative Parcel Map:
1. Consistency with the General Plan: The approval is consistent in that the
request does not exceed the density for the_area and complies the land use
designation of Cove Residential/Medium Density (up to 8 units per acre).
2. Consistency with the Zoning Code. The request is not consistent with the
Zoning Code in that the lot division will create two lots smaller in size and width
than what is currently allowed in the Cove Residential Zone. Therefore the
Variance and Parcel Map applications were filed to allow the request.
3. Surrounding Uses: Granting of the Variance and Parcel Map will not create a
condition that is detrimental the public health, safety and general welfare or
injurious to, or incompatible with, other properties or land uses in the vicinity.
The two lots with two houses are consistent with all the immediate surrounding
properties. They are consistent with the adjacent parcels in that within the
immediate block the parcels created are consistent in size with every parcel.
G:\WPDOCS\PC Resolutions\Lench-PM.wpd
Planning Commission Resolution 2002-106
Tentative Parcel Map 30892 - Lench Design Group
November 12, 2002
With regard to the block immediately to the south, they are consistent with
every lot. With regard to the block immediately to the west and east they are
consistent with all but two parcels.
4. Special Circumstances: There are special circumstances applicable to this
property. Those circumstances include that, through no fault of the Community
Development or Building and Safety Department, when the two lots were
merged, Riverside County left these parcels with two separate Assessor Parcel
Numbers creating the appearance there were two lots. When building permits
were issued they were issued for two separate parcel numbers. The lots were
apparently purchased without the purchaser knowing the two lots had been
merged.
5. Preservation of Property Rights. Granting of the Variance and Parcel Map is
necessary for the preservation of a substantial property right possessed by the
other property in the same vicinity and zoning district and otherwise denied to
the subject property.
6. No Special Privileges. Conditions have been placed on the Variance and Parcel
Map to assure that the adjustment authorized will not constitute a grant of
special privileges which are inconsistent with the limitations placed on other
properties in the vicinity subject to the same.zoning regulations.
7. No Land Use Variance. This approval does not authorize a land use or activity
which is not permitted in the applicable zoning district.
WHEREAS, in the review of this Tentative Parcel Map, the Planning
Commission has considered the effect of the contemplated action on housing needs
of the region for purposes of balancing those needs against the public service needs
of the residents of the City of La Quinta and its environs with available fiscal and
environmental resources;
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 constitute the findings of the Planning
Commission in this case;
2. That it does hereby approve Tentative Parcel Map 30892 for the reasons set
forth in this Resolution and subject to the attached conditions.
G:\WPDOCS\PC Resolutions\Lench-PM.wpd
Planning Commission Resolution 2002=106
Tentative Parcel Map 30892 - Lench Design Group
November 12, 2002 .
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on this the 12th day of November; 2002 by
the following vote, to wit:
AYES: Commissioners. Abels, Kirk, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RICH BUTLER, Chairman
City of La Quinta, California
ATTEST:
JERRY HERMAN, Community Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2002-106
CONDITIONS OF APPROVAL - RECOMMENDED
TENTATIVE PARCEL MAP 30892 - LENCH DESIGN GROUP
NOVEMBER 6, 2002.
1. The builder shall pay into the appropriate Assessment District the amount due
for one 50 X 100 parcel of land.
2. The subdivider agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or. annul the approval of this site
development permit thereunder. The City shall have sole discretion in selecting
its defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
G:\WPDOCS\PC Resolutions\Lench-PM.wpd
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