HomeMy WebLinkAboutPC Resolution _4704RESOLUTION NO. 4704
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DENYING A REQUEST FOR A TIME
EXTENSION OF A NON -CONFORMING MULTIPLE FAMILY USE
AND EXTERIOR MODIFICATIONS FOR THE PROPERTY
LOCATED AT 3775 EL DORADO BOULEVARD, R-1-D ZONE,
SECTION 34.
WHEREAS, the property located at 3775 El Dorado Boulevard, according to available records, the
site was first developed in early 1964 prior to its incorporation into the City of Palm Springs as a 4
unit multiple family dwelling; and
WHEREAS, such multiple family residential developmentwas permitted underthe R-G-A(6) Zone
in effect at the time the property was annexed to the City of Palm Springs; and
WHEREAS, in March, 1993, the Land Use Element of the City's General Plan was amended to
change the land use designation for this neighborhood from multiple family residential to single
family residential; and
WHEREAS, the City of Palm Springs applied the R-1-D Zone to this property in 1995; and
WHEREAS, the change of zone is consistent with the Palm Springs General Plan adopted March
3, 1993, in accordance with the concerns of the residents of the Desert Highland Estates
neighborhood that the multiple family residential uses do not contribute positively to the health, safety
and general welfare of the neighborhood; and
WHEREAS the R-1-D Zone does not currently permit multiple family residences; and
WHEREAS, pursuant to Section 9405.00 of the Zoning Ordinance, the subject multiple family
residence became a legal non -conforming use upon the change of zone from R-G-A(6) to R-1-D
in 1995; and
WHEREAS, the subject property has been vacant in excess of 180 days, thereby giving the property
non -conforming status; and
WHEREAS, the City disclosed the non -conforming property status and General Plan and Zoning
issues to the owner prior to the close of escrow including the likelihood that the property would be
limited to single family land use; and
WHEREAS, Section 9405.00 of the Zoning Ordinance authorizes the Planning Commission to
permit an extension of time for the operation of a non -conforming use for a maximum of two years;
and
WHEREAS, on August 9, 2000, in accordance with applicable law, the Planning Commission has
carefully reviewed and considered all the evidence presented in connection with the hearing on this
request, including, but not limited to, the staff report and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Pursuant to Section 9405.00 of the Zoning Ordinance, the Planning Commission finds as follows:
a. That the proposal to continue a multiple family use on the subject property is consistent with
the previous R-G-A(6) zoning of the subject site, but not consistent with the current R-1-D
zoning of the property.
b. That there is an ongoing history of property maintenance problems on the subject site and
that deteriorating conditions of the buildings are significant which suggests that the overall
endeavor to maintain multiple dwellings as proposed may not be economically feasible.
C. That such continued multiple family use is inappropriate and incompatible with surrounding
residential uses and that requiring abatement or conversion to single family residential
purposes is consistent with City development standards and is consistent with uses
permitted in the R-1-D Zone.
d. That per Section 9405.0420, any use which is non -conforming shall be removed or
converted and the premises thereafter shall be devoted to uses consistent with the zoning
of the property within ten (10) years from the date such use became non -conforming unless
extended as provided in Section 9407.07, therefore the property would be required to convert
to a single family residential use by 2005.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby deny the
request fora non -conforming multiple family residential use on the above described property subject
to the above findings. 0
ADOPTED this 9th day of August, 2000.
AYES:
NOES: Shoenberger, Caffery, Matthews, Klatchko, Raya, Jurasky, Mills
ABSENT:
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
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Secreta , Planning Commission Chairman, Planning Commission