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HomeMy WebLinkAboutRes No 216PLANNING COMMISSION RESOLUTION NO. 216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW A 27-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY THE MARRAKESH BUILDING AND COUNTRY CLUB ON 5.67 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF GRAPEVINE STREET, AND WESTERLY OF PORTOLA AVENUE. CASE NO. TRACT 9129 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from MARRAKESH BUILDING AND COUNTRY CLUB, re- questing approval of a Tentative Map for a 27-unit planned residential development on 5.67 acres of land, located in the PR-3 Zone District and situated west of Portola Avenue and south of Grapevine Street, more particularly described as: A Portion of the NW 4 of the SE 4 of Section 29 T5S, R6E, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14", in that the project 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, the Planning Commission did take into consideration the Ten- tative Map as submitted, and the reports of the various reviewing agencies; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Subdivision Ordinance and the State of California Subdivision Map Act, as amended; and, WHEREAS, the proposed subdivision complied with the approved development plan on the property known as Variance 948; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. The Planning Commission is recommending that the City Council require compliance to Article 26.15 of the City's Subdivision Ordinance by the payment of a fee as specified by recommended Condition No. 18; 3. That it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above described Tentative Map No. 9129, -1- Planning Commission Resolution No. 216 subject to fulfillment of the attached conditions of approval. 4. Be it known to the City Council, that in review of the conditions of approval, the Planning Commission reached a deadlock on Condition No. 7, which reads as follows: "7. Provide ten (10) feet of additional right-of-way for storm drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City of Palm Desert as his proportionate share of the Plaster Plan storm drains." PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: MILLS ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION 1 ROY WI -2- Planning Commission Resolution No. 216 February 15, 1977 CONDITIONS OF APPROVAL CASE N0. TRACT 9129 1. All improvements shall conform with the City's Standard Specifications and the City Engineer. 2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola Avenue to the western property line shall be installed and the full frontage of the total Marrakesh project on Portola Avenue. 3. All drainage shall be contained on -site and conducted to Portola Avenue or handled in a manner acceptable to the City Engineer. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. 5. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall, and Disaster Preparedness Officer. Card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance. 7. 8. Owner shall grant to the City of Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances, or provide other access control methods as approved by the City Engineer. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. 13. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Planning Commission 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. 14. The approved documents shall be recorded at the same time that the sub- division map is recorded. -1- CONDITIONS OF APPROVAL PLANNING COMMISSION TRACT 9129 RESOLUTION NO. 216 15. The 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 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. 16. The subdivider shall provide Schedule A fire protection. The City Fire Marshall shall review and approve the water plan map relative to location, setting, spacing, and installation of fire hydrants prior to recordation of the final subdivision map. Further, all requirements as specified under the Fire Marshall's memo dated January 12, 1977, attached hereto, shall be met. 17. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable govern- ment entity shall be complied with as a part of construction. 18. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount determined under the Ordinance provisions. 19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. 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) -2- TO: Mr. Paul Williams, Director of Environmental Services City of Palm Desert FROM: Lloyd W. Rogers, R.S., Supervising Sanitarian Riverside County Health Department — Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. This Department has no objection the approval of Case 1 TT 9129 as sewage and water will be provided by the Coachella Valley County Water District. LWR:js TO: FROM: SUBJECT: INTEROFFICE MEMORANDUM City of Palm Desert PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES BUD ENGEL, FIRE MARSHAL TENTATIVE TRACT NO. 9129 DATE: January 12, 1977 Provide the following fire protection in accordance: 1. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant for a two-hour duration in addition to domestic supply. The computa- tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street inter- section (a) but not greater than 250 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original plan will be returned to the developer. BUD ENGEL Fire Marshal jes RECEIVED JAN 1 , 1977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT