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HomeMy WebLinkAboutRes No 235PLANNING COMMISSION RESOLUTION NO. 235 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING APPROVAL OF AN AMENDMENT TO AN EXISTING DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF 46 CONDOMINIUM UNITS ON -PROPERTY GENERALLY LOCATED EAST OF SAN LUIS REY AND JUNIPER CASE NO. DP 06-77 WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on May 3, 1977, hold a duly noticed public hearing to consider the application of PALM DESERT VENTURE, LTD for approval of an amendment to an existing development plan to allow the con- struction of 46 condominium units on property located in the PR-7 Zone and situated east of San Luis Rey and Juniper and more particularly described as: a portion of SE 4, Sec. 20, T.5S, R6E, S.B.B. & 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 Director of Environmental Services has determined on April 11, 1977 that the project would not have a significant impact on the environment and the appeal period did expire on April 18, 1977, 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 approval: 1) The proposed development is consistent with the City's adopted General Plan; 2) The proposed use is similar to and compatible with those existing on adjacent and nearby properties; 3) The design or improvement of the proposed development as modified by the recommended conditions will be consistent with the Palm Desert Zoning Ordinance; 4) The site is physically suited for both the type of development proposed and the proposed density, as modified by the recommended conditions; 5) The design of the development as amended by the recommended conditions and the proposed improvements are not likely to cause substantial environmental damage or have a serious effect on the public health, safety, and general welfare. -1- Planning Commission Resolution No. 235 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 approval of the amendment to the Development Plan is granted to PALM DESERT VENTURE, LTD for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the City of Palm Desert Commission held on May 3, 1977 by the following vote, to wit: AYES: BERKEY, KELLY, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE 4 ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION MAY 3, 1977 RESOLUTION NO. 235 CONDITIONS OF APPROVAL CASE NO. DP 06-77 I. STANDARD CONDITIONS 1. The development of the property shall conform substantially with that as shown on plot plan and related Exhibits A-E, on file with the De- partment of Environmental Services, Case No. DP 06-77, unless other- wise amended by the following conditions. 2. Prior to the issuance of a building permit, for any condominium structure, a subdivision shall be recorded conforming substantitally with said Exhibits A-E. 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 construc- tion shall have been completed. 5. The applicant shall conform to all requirements and improvements deemed necessary by the City Fire Marshal, per attached interoffice memorandum. 6. Construction of the development permitted hereby may be done pro- gressively 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 provision 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. -1- PLANNING COMMISSION RESOLUTION NO. 235 CONDITIONS OF APPROVAL CASE NO. DP 06-77 II. SPECIAL CONDITIONS: 1. The applicant shall underground all existing overhead utility distri- bution lines on or immediately adjacent to the property on San Luis Rey Avenue. 2. A masonry wall or landscape berm with equivalent noise abatement capabilities shall be required along the full frontage of San Luis Rey except for approved openings site, design, and materials as approved by the Design Review Board process. 3. A private patio or yard area of at least three hundred and twenty (320) square feet shall be provided for each dwelling unit. 4. A master trash agreement shall be developed for the total project and enclosed trash storage areas shall be provided through the development as approved as a part of the Design Review Board process. 5. 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. 6. The two proposed two-story units in the southwest corner of the pro- ject and the two-story unit adjacent to San Luis Rey shall be limit- ed to a single story. 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 Environ- mental Services. (Date) (Applicant's Signature) -2- INTEROFFICE MEMORANDUM City of Palm Desert TO: Paul Williams, Dir. Dept. of Environmental Services FROM: Bud Engel, Fire Marshal SUBJECT: Case No. DP-06-77 DATE: April 18, 1977 Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation 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 so that no point of any build- ing is more than 250 feet from a fire hydrant measured along approved vehic- ular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Depart- ment, and the original will be returned to the developer. 4. The water system 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 Case No. DP 06-77 is in accordance with the requirements prescribed by the Fire Marshal." RECEIVED APR 1A1977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT