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HomeMy WebLinkAboutRes No 144ANNING COMMISSION RESOLUTION NO 144 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CON- DITIONAL USE PERMIT TO ALLOW A 4-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCOTILLO DRIVE, BETWEEN TUMBLEWEED LANE AND VERBA SANTA DRIVE. CASE NO. CUP-06-76 WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on May 4, 1976, hold a duly noticed public hearing to consider the application of JOMO DEVELOPMENT, INC. for a Conditional Use Permit to allow a 4-unit planned residential development on property located in the R-3-18,000 (3) S.P. Zone and situated on the west side of Ocotillo Drive, between Verba Santa Drive and Tumbleweed Lane, and more particularly described as: Lot 27, Block A-3, Palm Desert Unit 76.3 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 19, 1976 that the project would not have a significant impact on the environment and the appeal period did expire on April 27, 1976, 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. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the condi- tions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be ma- terially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this Ordinance. 4. That the proposed conditional use complies with the goals, ob- jectives, and policies of the City's General Plan. 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 JOMO DEVELOPMENT, INC., for reasons subject to the attached Resolution No. 144 conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Commission held on May 4, 1976, by the following vote, to wit: AYES: BERKEY, KELLY, VAN DE MARK, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PAUL A. WILLIAMS, Secretary Resolution No. 144 CONDITIONS OF APPROVAL CASE NO. CUP-06-76 1. The development of the property shall conform substantially with that as shown on plans marked Exhibits "A" and "B" on file with the Department of Environmental Services. Case No. CUP-06-76, 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 form the following public agencies: Dept. of Public Health Dept. of Fire Protection (Indio) Road Department Coachella Valley County Water District Department of Environmental Services Reg. Water Quality Control Bd. #7 Design Review Board Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of the issuance of a building permit for the use contemplated herewith. 4. A landscaping, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted to the Design Review Board and Planning Commission for approval prior to issuance of a building permit. The land- scape plan shall include a substantial number of full-size trees. 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 Building Department to this project until the aforementioned approved plans and construction shall have been completed. 5. Prior to construction of any building, the following conditions must be met pursuant to the provisions of Riverside County Fire Ordinance #546 and the Uniform Fire Code, City of Palm Desert. A. Install or show there exists super fire hydrants so that no point of any building is more than 250' from a fire hydrant measured along street or other auto travelways. Fire hydrant shall not be located closer than 25' to any building. 1. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. 2. Curbs shall be painted red 15 feet in either direction from each hydrant. B. Install a water system capable of carrying 2,000 GPM fire flow for a 2-hour duration in excess of domestic supply. The computation shall be based upon a minimum of 20 PSI residual operating pressure in the street main from which the flow is measured at the time of measure- ment. C. The fire flow requirements may be reduced by 25% if area separation walls are constructed between each living unit, eliminating fire exposure from one unit to another, in accordance with Section 505 of the Uniform Building Code. D Prior to the issuance of a building permit, the developer shall furnish the original and four copies of the water system plan to the Riverside County Department of Fire Protection for review. Upon approval, two copies will be sent to the City of Palm Desert Department of Building and Safety, Land Use Division and the original will be returned to the developer. E. The water system plans shall be signed by the water company with the following certification: "I certify that the design of the water system in Conditional Use Permit 06-76 is in accordance with the requirements prescribed by the Riverside County Department of Fire Protection. CONDITIONS OF APPROVAL CASE NO. CUP 06-76 -2- Resolution No. 144 F. In all cases where the water system is not designed by the water company, the plans shall also be signed by a registered civil engineer and the certification required in item 5. G. In cases where the existing fire protection facilities are determined to be adequate, conditions 4, 5, and 6 will be waived. 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: l,®, 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. 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. 8. Prior to occupancy or any use allowed by this permit, the applicant shall construct 8-inch concrete curb and gutter located 20 ft. from centerline along the full frontage of the property on Ocotillo Drive, with a standard 25 ft. curb return and match -up A.C. paving at a grade and alignment as approved by the City Engineer. 9. The applicant shall post a cash bond for his pro -rate share of the under- grounding of the overhead utility transmission lines along the entire length of the western property line of the subject property as a part of construction. 10. The location of the therapy pool shall be adjusted so that it is at least 5 feet from any building or property line. 11. The sewerage disposal system shall be designed so as to readily facilitate connecting with a community trunk line. Dry or wet sewers shall be installed. Plans for their installation shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. The area shall be annexed to Improvement Districts Nos. 54 and 80 of the CVCWD for sanitation service. 12. This approval shall be used within 1 year after final proceedings before the Planning Commission 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. 13. The applicant shall submit a written statement of acceptance to the Department of Environmental Services for the above listed conditions of approval prior to the issuance of a building permit. I have read and fully understand the conditions contained herein. (Applicant Signature) (Date)