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HomeMy WebLinkAboutRes No 102PLANNING COMMISSION RESOLUTION NO. 102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CONDI- TIONAL USE PERMIT TO ALLOW A PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED EAST OF PORTOLA AVENUE AND NORTH OF EL CORTEZ WAY. CASE NO. CUP-03-75. WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on December 2, 1975, hold a duly noticed public hearing to consider the application of LURIA DEVELOPMENT CO., INC. for a Conditional Use Permit to allow a planned residential development on the property located in the R-1 Zone and situated east of Portola and north of El Cortez Way and more particularly described as: a portion of the north 1/2 of the northwest 1/4, Section 21, T.5.S., R.6E., S.B.B. 3 M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14", in that a final Environmental Impact Report was presented at a duly noticed public hearing held on December 2, 1975, and said report was recommended to the City Council for certification as a final Environmental Impact Report, 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. Project would ensure the protection of the public health, safety, and general welfare by providing a substantial contribution to the up -grading of the water system in the area. 2. Project would provide for the preservation of approximately 75% of the existing date trees on the site. 3. Project would be compatible with existing and proposed develop- ment in the area. 4. Project would be in conformance to the adopted General Plan and Zoning Ordinance for the City of Palm Desert. 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. Resolution No. 102 2. Subject to confirmation by the City Council, the Conditional Use Permit is granted to LURIA DEVELOPMENT CO., INC. for reasons subject to the attached conditions. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Palm Desert Commission held on December 2, 1975, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON PAUL A. WILLIAMS, Secretary CONDITIONS OF APPROVAL CASE NO. CUP-03-75 1. The development of the property shall conform substantially with that as shown on plot plan marked Exhibit "A" on file with the Department of Environmental Services, Case No. CUP-03-75, unless otherwise amended by the following conditions. 2. Prior to the issuance of a building permit, for any condominium structure, 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 Health Road Department P.D. Design Review Bd. Dept. of Fire Protection (Indio) Coachella Valley County Water District Regl.Water Quality Control Bd. #7 Evidence of said permit or clearance from the above agencies shall be presented to the Building and Safety Division of the Department of Environmental Services at the time of the issuance of a building permit for the use contemplated herewith. 4. A landscaping, grading, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted to the Design Review Board and Planning Commission for approval prior to submittal for tentative map approval. 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 Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. 5. The following Fire Protection Requirements shall apply: The applicant shall conform to all requirements and improvements deemed necessary by the Riverside County Department of Fire Protection and Planning and the City of Palm Desert. 6. Construction of the development permitted hereby may be done progressively in stages, provided adequate vehicular accesss is constructed for all dwelling units and further provided that such stage development conform substantially with the intent and purposes of this approval for the provision of open areas, recreation facilities, and off-street auto- mobile parking. -2- 7. Prior to recordation of the final subdivision map, the applicant shall submit to the Department of Environmental Services the following docu- ments 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. The approved documents shall be recorded at the same time that the sub- division map is recorded. Said documents shall contain provisions for ownership or the irrevocable right to use the open space and amenities by the homeowners of the project. 8. A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs including the costs of landscape maintenance 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. 9. The sewerage disposal system shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. 10. This approval shall be used within 1 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 and beginning of construction of permanent buildings. 11. The following road improvements shall be made: a. The applicant shall dedicate a 14 foot strip along the full frontage of the project on Portola Avenue as public right-of-way and shall improve same to County standards with 8" curb, gutter, tie-in paving, curb cuts, and an 8-foot wide sidewalk at 32 feet from the street centerline. -3- b. The applicant shall offer for dedication, a 30 foot, half -width public right-of-way along the full eastern boundary of the site. c. The applicant shall offer for dedication, the easterly extension of Catalina Way as a 60-foot width public right-of-way for the full length of the project and shall improve same with curb, gutter and curb cuts at 40 feet in width with sidewalks on both sides and built to County standards. d. All off-street parking spaces and structures shall conform to the requirements of the Palm Desert Zoning Ordinance. e. The applicant shall install all traffic control provisions as may be required by the Director of Environmental Services. 12. The applicant shall underground all overhead utility distribution lines along the full frontage of the project on Portola Avenue. 13. As part of the development of the tentative tract map, the applicant shall preserve a row of date trees so as to maintain the date grove character along the adjacent property on El Cortez Way. 14. A second pool area shall be provided.