HomeMy WebLinkAboutRes No 181PLANNING COMMISSION RESOLUTION NO. 181
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA. ANNOUNCING
FINDINGS AND GRANTING A SECOND 12-MONTH EXTENSION 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 25 of the Palm Desert
Zoning Code, the Planning Commission did on October 5, 1976 hold a duly
noticed public hearing to consider the application of M & T Inc. for a
second 12-month extension 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 PR-8 Zone District 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 NW4 of Section 31, and a portion
of the west 2 of the NE4 of Section 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 Resolution 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 considering 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 requirements of the
Zonding 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.
Resolution NO. 181
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. The 12-month extension of Conditional Use Permit 1357 is granted
to M & T Inc. for reasons subject to the attached conditions:
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Palm Desert, California at a regular meeting held on October 5, 1976
by the following vote, to wit:
AYES: BERKEY, KELLY, MILLS, WILSON
NOES: NONE
ABSENT: VAN DE MARK
ABSTAIN: NONE
ATTEST:
c2) h \V\
PAUL A. 14ILLIAMS, Director
ROY WILS `HAIRMAN
Department of Environmental Services
-2-
PLANNING COMMISSION
RESOLUTION NO. 181 OCTOBER 5, 1976
CONDITIONS OF APPROVAL
CASE NO. CUP 1357
1. The development of the property shall conform substantially 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
Environmental Services, unless otherwise amended by the following con-
ditions.
2. Prior to the issuance of a building permit for any condominium structure,
a subdivision shall be recorded conforming 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 sub-
division map has been recorded.
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:
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 Division of the Department of Environmental
Services at the time of the issuance of a building permit for the use con-
templated herewith.
4. 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 off-street automobile parking. The main access
road and cul-de-sac shall be a minimum of 32 feet wide.
5. Prior to recordation of the final subdivision map, the applicant shall sub-
mit to the Director of Environmental Services the following documents which
shall demonstrate to the satisfaction of the Director of Environmental Ser-
vices 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.
6. 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 Owners Association shall have the
right to lien the units of the owners who default in the payment of their
assessments. Such a lien shall not be subordinate to any encumbrance other
that 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.
7. Landscaping and mounding should be installed along the full Highway 74 fron-
tage. A mounding and landscape plan shall be submitted to the Director of
Environmental Services prior to the issuance of building permits. Said land-
scape plan shall include sufficient ground cover, trees, and hedges so as to
carry out the intent and purpose of providing aesthetic appeal and safety ad-
jacent to the highway.
Planning Commission Resolution No. 181
Conditions of Approval
Case No. CUP 1357
8. Street trees shall be planted along Highway 74 frontage in a manner ac-
ceptable to the Director of Environmental Services. Landscaping, grading,
lighting, amenities, walkway 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. Para-
pet 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 in-
clude 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.
9. As a part of construction, new units shall be connected to the sewer system
in a manner approved by the Coachella Valley County Water District. (As per
attached letter dated August 15, 1975.)
10. The project shall include at least two covered parking spaces per dwelling
unit, shall provide for adequate enclosed personal storage areas, and one
exterior private patio per unit, at no less than 320 square feet. Revised
exhibits reflecting these changes shall be submitted to the City Engineer
within 30 days of this approval.
11. 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% of the lineal
frontage within a depth of 100 feet from Highway 74 shall be occupied by
two-story buildings.
12. Curbs and gutters shall be installed on all interior streets.
13. At lease 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, shuffleboard courts, and those other amenities which good
architectural and land planning practices would dictate for a development
such as this in a resort area.
14. Lighting of proposed tennis courts, shall be done in a manner acceptable to
the Director of Environmental Services.
15. Enclosed trash storage areas shall be installed at locations and in a manner
acceptable to the Director of Environmental Services.
16. Pursuant to Section 25.39-4 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 sub-
division map, substantial construction of the development contemplated, and
compliance with the above conditions.
17. 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 complied with as a part of construction.
18. 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 or hedge with a sign obscuring gate.
19. 105 additional uncovered parking spaces shall be provided for, either on
the street or in designated areas.
AGREEMENT
I accept and agree, prior to use of this permit or approval, to comply with all
the conditions set forth, and understand that the Department of Building and Safety
will not issue a building permit or allow occupancy on the use permitted until this
signed confirmation has been received by the Department of Environmental Services.
(Date) (Applicant's Signature)