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HomeMy WebLinkAboutRes No 06PLANNING COMMISSION RESOLUTION NO. 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1357, REVISED JULY 1974, TO ALLOW A PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED WEST OF STATE HIGHWAY 74 AND SOUTH OF HOMESTEAD ROAD. CASE NO. CUP-1357 WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on September 16, 1974, hold a duly noticed public hearing to consider the ap- plication of ENVIRONMENTAL DEVELOPMENT COMPANY for an amendment to Conditional Use Permit No. 1357, revised July 1974, to allow the construction of a 209-unit planned residential development on property located in the R-2-7000 Zone and situated west of .State Highway 74 and south of Homestead Road and more particularly described as: being a portion of Government Lot 1 in the NW- of Section 31, and a por- tion of the west z of the NE* of Sec- tion 31, T.5S, R.6E, S.B.B. & M. WHEREAS, said application was exempt from the requirements of the "City of Palm Desert Environmental Quality Procedure Resolu- tion Number 74-14", in that it was initiated prior to the effective date of the California Environmental Quality Act and is therefore, considered to be exempt as an on -going project, and; WHEREAS, at said public hearing, upon hearing and consider- ing all testimony and argument, the Planning Commission did find the following facts and reasons to exist to justify the granting of the amendment to said Conditional Use Permit: 1. Conformance of the proposed development to all require- ments of the existing Zoning Ordinance. 2. The proposed development does insure the protection of the public health, safety, and general welfare. 3. Compatibility of the proposed project to the logical development of the land and to the existing and future development in the area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: Resolution No. 6 1. That the above recitations are true and correct and con- stitute the findings of the Commission in this case. 2. Subject to confirmation by the City Council, the Condi- tional Use Permit is granted to ENVIRONMENTAL DEVELOPMENT COMPANY for reasons subject to the following conditions: a. The development of the property shall conform substan- tially with that as shown on Plot Plan, marked Exhibit "A" revised July 1974, on file with Conditional Use Case No. 1357 in the office of the Department of Environ- mental Services, unless otherwise amended by the follow- ing conditions: b. Prior to the issuance of a building permit for any condo- minium structure, a subdivision shall be recorded con- forming substantially with said Exhibit "A" except that building permits for not more than 4 structures may be issued for models prior to such recordation and only after a final subdivision map has been recorded. c. Prior to the issuance of a building permit for construe tion of any use contemplated by this approval, the appli- cant shall first obtain permits and/or clearance from the following public agencies: Department of Public Health Road Department State Division of Forestry Regional Water Quality Control Board No. 7 Coachella Valley County Water District & Coachella Valley Flood Control State Division of Highways Written evidence of said permit or clearance from the above agencies shall be presented to the Planning Divi- sion of the Department of Environmental Services at the time of the issuance of a building permit for the use contemplated herewith. d. Construction of the development permitted hereby may be done progressively in stages provided adequate vehicular access is constructed for all dwelling units and further provided that such stage development conform substantially with the intent and purpose of this approval for the provision of open areas, recreational facilities, and -2- Resolution No. 6 off street automobile parking. The main access road and cul-de-sac shall be a minimum of 32 feet wide. e. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services following documents which shall demonstrate to the satisfaction of the Director of Environmental Services that the total project will be developed and maintained in accordance with the intent and purpose of the approval: a) The document to convey title. b) Covenants and restrictions to be recorded. c) Management and maintenance agreement to be entered into with the owners of the units of the project. The approved documents shall be recorded at the same time that the subdivision map is recorded. f. A Home Owners Association with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The Home Owner's Association shall have the right to lien the units of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a First Deed of Trust provided such Deed of Trust is made in good faith and for value and is of record prior to the lien of the Home Owners Association. g. Landscaping and mounding should be installed along the full Highway 74 frontage. A mounding and landscape plan shall be submitted to the Director of Environmental Ser- vices prior to the issuance of building permits. Said landscape plan shall include sufficient ground cover, trees, and hedges so as.to carry out the intent and pur- pose of providing aesthetic appeal and safety adjacent to the highway. h. Street trees shall be planted along Highway 74 frontage in a manner acceptable to the Director of Environmental Ser- vices. Landscaping, grading, lighting, amenities, walkway -3- Resolution No. 6 layout and irrigation plans shall be submitted to the Director of Environmental Services for approval prior to issuance of a building permit. The landscape plan 'shall include a substantial number of full-size trees, as indicated by the elevation views submitted and made a part of this approval. A minimum of one tree per unit, no smaller than the height of the unit adjacent thereto shall be planted and maintained. Parapet walls shall be no less than the height of any air conditioning equipment placed on the roofs of the units. The building permit when issued shall include the grading, lighting, walkways, and irrigation systems. No final inspection or occupancy shall be given by the Building Department to this project until the aforementioned approved plans and construction shall have been completed. i. As a part of construction, new units shall be connected to the sewer system in a manner approved by the CVCWD. j The project shall include at least one covered parking space per dwelling unit, shall provide for adequate en- closed personal storage areas, and one exterior private patio per unit. k. No unit shall exceed one story in height unless the front thereof is greater than 50 feet from Highway 74 right-of- way. Not more than 25 percent of the lineal frontage within a depth of 100 feet from Highway 74 shall be occupied by two-story buildings. 1. Curbs and gutters shall be installed on all interior streets. m. At least one swimming pool for each 19 dwelling units shall be provided and shown on the landscape plan. A detail of the recreation area shall be submitted to and approved by the Director.of Environmental Services prior to issuance of a building permit. The recreation areas shall provide for adequate amenities, including but not limited to children's play area, barbecue area, shuffle- board courts, and those other amenities which good archi.- -4- Resolution No. 6 tectural and land planning practices would dictate for a development such as this in a resort area. n. Lighting of proposed tennis courts, shall be done in .a manner acceptable to any existing City Council policy or to the Director of Environmental Services. o. As a part of construction, lights on existing tennis courts shall be reinstalled in a manner acceptable to the Director of Environmental Services. p. Enclosed trash storage areas shall be installed at lo- cations and in a manner acceptable to the Director of Environmental Services. q Pursuant to Section 18.28 of the Zoning Ordinance, this approval shall be used within one year from the effective date thereof, otherwise the conditional use permit shall be null and void. By "use" is meant recordation of a subdivision map, substantial construction of the develop- ment contemplated, and compliance with the above condi- tions. r. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable governmental entity shall be complied with as a part of construction. s. The proposed boat and trailer storage area shall be built in the following manner as acceptable to the Director of Environmental Services: 1) The storage area shall be recessed. 2) The area around the storage area shall be mounded. 3) Shall have an exterior wall of hedge with a sight obscuring gate. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Commission held on September 16, 1974 by the fol- lowing vote, to wit: AYES: HUBBARD, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES: None ABSENT: ABSTAIN: -5- Resolution No. 6 at- C. RDg'ERT HUBBARD, Chairman ATTEST: (,.V \-eS:_, 'K ),,,.— i PAUL A. WILLIAMS, Secretary