HomeMy WebLinkAboutRes No 423PLANNING COMMISSION RESOLUTION NO. 423
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND PRELIMINARY DESIGN
REVIEW TO ALLOW CONSTRUCTION OF AN ACCESS ROAD
WITHIN THE HILLSIDE OVERLAY ZONING DISTRICT
WITHIN THE CAHUILLA HILLS AREA AND RECOMMENDING
CERTIFICATION OF THE RELATED EIR AS COMPLETE.
CASE NOS. CUP 07-77, CUP 07-77(EIR) and 140MF
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the l6th day of August, 1978, hold a duly noticed Public Hearing, and a continued
Public Hearing on October 3, 1978, October 31, 1978, and Novanber 15, 1978, to con-
sider a request by ROBERT RICCIARDI for approval of a Con-
ditional Use Permit and Preliminary Design Review to allow
construction of an Access Road within the Cahuilla Hills area and
certification of the related EIR as complete, the property being
located within the RE 43,560, D.H. (Residential Estates, min. 1-acre
lot size, Drainage, Hillside Overlays) zone and more particularly
described as:
A portion of Sec. 31 T5S, R6E; and,
WHEREAS, said application has complied with the requirements
of the "City of Palm Desert Environmental Quality Procedure Resolution
No. 78-32," in that a draft Environmental Impact Report has been com-
pleted in accordance with the requirements of CEQA; and,
WHEREAS, upon hearing and considering the testimony and argu-
ments, if any, of all persons desiring to be heard, said Planning Com-
mission did find the following facts and reasons to exist to approve
a Conditional Use Permit, Preliminary Design Review and recommend ap-
proval of the related Environmental Impact Report:
1. The EIR submitted does conform to the provisions of the
California Environmental Quality Act of 1970, as amended,
and the "City of Palm Desert Environmental Quality Pro-
cedure Resolution No. 78-32;"
2. The proposed use is a valid conditional use permitted
within the zoning district in which it is being sought;
3. The proposed use as amended by the Conditions of Ap-
proval will not adversely effect the public health,
safety, or general welfare or be materially injurious
to properties or improvements in the vicinity.
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 consti-
tute the findings of the Commission in this case;
2. That it does hereby approve a Conditional Use Permit (CUP 07-77)
and preliminary Design Review to permit construction of the access road
subject to the Conditions of Approval.
3. That it does hereby recommend to the City Council certifi-
cation of the Final Environmental Impact Report as complete to include
the Draft EIR, all comments received and Staff responses to them.
PLANNING COMMISSION
RESOLUTION NO. 423 Page Two
PASSED, APPROVED, and ADOPTED at a regular meeting of the
Palm Desert Planning Commission, held on this 15th day of November,
1978, by the following vote, to wit:
AYES: Berkey, Kelly, Snyder
NOES: Fleshman
ABSENT: Kryder
ABSTAIN: None
GLORIA KELLY, Chairrrl4n
ATTEST:
PAUL A. WILLIAMS, Secretary
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PLANNING COMMISSION
RESOLUTION NO. 423 Page Three
CONDITIONS OF APPROVAL
CASE NOS. CUP 07-77 and 140MF
Standard Conditions:
1. The development of this project shall conform substantially to
all plans submitted in behalf of these cases and as revised ac-
cording to the Design Review Board process and/or Planning Com-
mission action. Any minor changes require approval by the Director
of Environmental. Services. Any substantial change requires approval
by the Planning Commission.
2. All requirements of any law, ordinance, or regulation of the State,
City, and any other applicable government entity shall be complied
with as a part of the development process.
3. This approval is applicable, subject to the development of this
project, commencing within one year from approval date and being
promptly completed.
Special Conditions:
1. Applicant shall comply with all requirements of the Hillside Over-
lay Zoning District in which the project is located.
2. All cuts and fills shall be treated with natural landscaping or
other methods in such a manner so as not to leave any noticeable
scars on the hillside.
3. A turnout shall be provided for 2 vehicles immediately west of the
Palm Valley Storm Water Channel levy.
4. Adequate drainage facilities shall be provided to eliminate any
potential hazards from surface runoff.
5. The adequacy of the finished road shall be considered in terms of
accessibility for emergency vehicles, other public service and
utility vehicles and construction vehicles.
6. Any and all improvements and grading on the site shall have the
approval of the Director of Public Works.
7. Proof of right-of-way, "Consent for Easement" shall be furnished
to the City from all property owners involved.
8. Minimum street section shall be two (2) 12' lanes (one in each
direction) plus protective shoulders and any slope areas required.
9. Map submitted for consideration is preliminary, "Not for construc-
tion." Map shall be updated to include slopes and slope easements
prior to the issuance of any grading permits.
Nor• 10. "Low profile" ornamental lighting shall be provided at critical
grades or abrupt changes in alignments.
PLANNING COMMISSION
RESOLUTION NO. 423 Page Four
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 confirma-
tion has been received by the Department of Environmental Services.
(Date) (Applicant's Signature)
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