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Home My WebLink AboutRes No 226PLANNING COMMISSION RESOLUTION NO. 226 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A DEVELOPMENT PLAN ON PROPERTY GENERALLY LOCATED WESTERLY OF AND ADJACENT TO HIGHWAY 74, NORTHERLY OF PORTOLA (CAR- RIAGE TRAIL) AVENUE EXTENDED. CASE NO. DP 03-77 WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert Zoning Code, the Planning Commission did on the 1st day of March, 1977, hold a duly noticed Public Hearing, and a continued Public Hearing on the 5th day of April, 1977, to consider the application of BIDDLE DEVELOPMENT INC. for M & T INC., for Development Plan approval to allow a 191-unit Planned Residential Development on property located in the PR-8 Zone District and situated westerly of and adjacent to Highway 74, northerly of Portola (Carriage Trail) Avenue extended, and more particularly described as: A portion of Government Lot #1 in the NW4 of Section 31, and a portion of the WZ of Section 31, T5S, R6E, SBB & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that the project was initiated prior to the effective date of the Environmental Quality Act and is therefore considered to be exempted as an on -going project; and, WHEREAS, at said Public Hearings, upon hearing and considering all testi- mony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said Development Plan: 1. The proposed development is consistent with the City's adopted General Plan; 2. The design or improvement of the proposed development as modified by the recommended conditions will be consistent with the Zoning Ordinance; 3. The site is physically suitable for the type of development proposed; 4. The site is physically suited for the proposed density of the develop- ment; 5. The design of the development as amended by the recommended condi- tions and the proposed improvements are not likely to cause substantial environ- mental damage or have a serious effect on the public health, safety, and general welfare. Planning Commission Resolution No.226 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. Development Plan No. 03-77 is hereby approved limited to 193 units for reasons, subject to the attached conditions of approval; 3. Planning Commission Resolution No. 181 (CUP 1357) is hereby repealed. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission held on this 5th day of April, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: BERKEY, READING, WILSON NONE KELLY, MILLS NONE PJ UL A. ILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION -2- PLANNING COMMISSION RESOLUTION NO. 226 MARCH 1, 1977 CONDITIONS OF APPROVAL CASE NO. DP 03-77 I. STANDARD CONDITIONS 1. The development of the property shall conform sunstantially with that as shown on plot plan marked Exhibit A and related Exhibits B-H, on file with the Department of Environmental Services, Case No. DP 03-77, 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: County Department of Public Health Palm Desert Design Review Board Process Coachella Valley County Water District Regional Water Quality Control Board #7 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, grading, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted through the Design Review Board Process. The building permit when issued shall include the grading, lighting, amenities, trash storage, walkways, swimming pool equipment, and irrigation systems. No final inspection or oc- cupancy 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 applicant shall conform to all requirements and improvements deemed necessary by the City Fire Marshall. 6. 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 purposes of this approval for the pro- vision of open areas, recreation facilities, park dedication, and off- street automobile parking. 7. The sewerage disposal system and flood control considerations shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. 8. This approval shall be used within one (1) year of this action, 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 a portion of the project. 9. Prior to utilization of this Development Plan, the applicant shall agree in writing to any conditions of approval. 10. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which here- after may be in force. PLANNING COMMISSION RESOLUTION NO. 226 CONDITIONS OF APPROVAL CASE NO. DP 03-77 II. SPECIAL CONDITIONS: 1. The applicant shall underground all existing overhead utility distribu- tion lines on or immediately adjacent to the property. 2. A masonry wall or landscape berm with equivalent noise abatement capabilities shall be required along the full frontage of Highway 74, except for approved openings site, design, and materials as approved by the Design Review Board process. Said wall or berm shall be set in from the Highway 74 property line, a minimum of twenty (20) feet, to allow for the continuation of the palm tree landscape treatment that exists along the Highway 74 frontage of Tract 4289 and the design which would result in effectively mitigating the noise impact from Highway 74 on any unit within one hundred (100) feet of the highway. 3. The maximum phasing shall be limited to four (4) phases. 4. The proposed landscaping of the public right-of-way on Highway 74 shall be modified as necessary to conformance of the improvement requirements of Tract 9377. 5. A private patio or yard area of at least three hundred and twenty (320) square feet shall be provided for each dwelling unit. 6. A master trash agreement shall be developed for the total project and enclosed trash storage areas shall be provided throughout the develop- ment as approved as a part of the Design Review Board process. 7. Any proposed lighting of the tennis courts shall be approved as a part of the Design Review Board process. In addition, as a part of this development, the existing tennis court lighting shall be modified to conform to the approved system. 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 & 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)