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HomeMy WebLinkAboutRes No 052PLANNING COMMISSION RESOLUTION NO. 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A 5-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED WEST OF BURROWEED LANE AND NORTH OF RYWAY PLACE. CASE NO. CUP-02-75. WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on June 2, 1975, hold a duly noticed public hearing to consider the application of LEAVITT and SKOURAS for a Conditional Use Permit to allow a 5-unit planned residential development on property located in the R-2-8000 Zone and situated west of Burroweed Lane and north of Ryway Place and more particularly described as: a portion of the NE 1/4 of the NW 1/4 of Section 29, TSS, R6E, SBB & M. WHEREAS,said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that the Director of Environmental Services has determined on April 10, 1975 that the project would not have a significant impact on the environment and the appeal period did expire on April 18, 1975, and; WHEREAS, at said public hearing, upon hearing and considering all testimony and argument, the Planning Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit: 1. Conformance of the proposed development of all requirements of the General Plan and Zoning Ordinance. 2. The proposed development does ensure the protection of the public health, safety, and general welfare. 3. Compatibility of the proposed project to the existing and proposed development in the area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. Subject to confirmation by the City Council, the Conditional Use Permit is granted to LEAVITT and SKOURAS for reasons subject to the attached conditions. RESOLUTION NO. 52 Page 2. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on the 2nd day of June, 1975 by the following vote, to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES: ABSENT: ILLIIDLER, CHAIRMAN ATTEST: ;SOLUTION NO. 52 STANDARD PLANNED UNIT DEVELOPMENT CONDITIONS LEAVITT AND SKOURAS - CASE NO. CUP-02-75 : 1. The development of the property shall conform substantially with that as shown on plot plan marked Exhibit "A" on file with the Planning Division Case No. CUP-02-75 in the office of the Department of Environmental Services, unless otherwise amended by the following conditions. 2. Prior to the issuance of a building permit, a subdivision shall be recorded conforming substantially with said Exhibit "A". 3. Prior to the issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following public agencies: DEPT. OF PUBLIC WORKS COUNTY ROAD DEPARTMENT CITY DESIGN REVIEW BOARD DEPARTMENT OF FIRE PROTECTION (Indio) COACHELLA VALLEY COUNTY WATER DISTRICT REG. WATER QUALITY CONTROL BOARD #7 Evidence of said permit or clearance from the above agencies shall be presented to the Planning Division of the Department of Environmental Services at the time of the issuance of a building permit for the use comtemplated herewith. 4. A landscaping, grading, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted to the Design Review Board for approval prior to issuance of a building or grading permit. The landscape plan shall include a substantial number of full size trees. A minimum of one tree per unit, no smaller than the height of the unit adjacent thereto, shall be planted and maintained. The building permit when issued shall include the grading, lighting, amenities, trash storage, walkways, swimming pool equipment, and irrigation systems. No final inspection or occupancy shall be given by the Planning Division to this project until the aforementioned approved plans and construction shall have been completed. 5. The following Fire Protection Requirements shall apply: All requirements as provided in letter dated May 20, 1975. (Attached) 6. Prior to recordation of the final subdivision map, the applicant shall submit to the Department of Environmental Services the following documents which shall demonstrate to the satisfaction of the Department that the total project will be developed and maintained in accordance with the intent and purposes 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. 7. A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The management company 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 management company. -2- 8. The sewage disposal system shall be designed so as to connect with a community trunk line. Plans for their installation shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. In addition, water system plans shall be submitted to and approved by the CVCWD prior to issuance of a building permit. 9. This approval shall be used within one year after final proceedings before the City Council, otherwise it shall become null and void and of no effect whatsoever. By "use" is meant recordation of a subdivision map. 10. The DRB shall review the building elevations as to their effect on adjacent properties with consideration for reducing the height. 11. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable government entity shall be compled with as a part of construction. 12. The westerly and northerly property line shall be walled in a manner acceptable to the DRB and compatible with existing development in the area. 13. The areas designated as future pools shall be landscaped and maintained until such time that the pools are installed.