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HomeMy WebLinkAboutRes No 537PLANNING COMMISSION RESOLUTION NO. 537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRELIMINARY DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF 22 CONDOMINIUM UNITS ON THE SOUTHWEST CORNER OF HOVLEY LAND AND PORTOLA AVENUE. CASE NO. DP 11-79 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 1979. hold a duly noticed Public Hearing; and, continued Public Hearings on September 19, October 2, and: October 17, 1979, to consider a request by T & D CALIFORNIA INVESTMENTS for approval of a preliminary Development Plan to allow construction of 22 Residential condominium units, on approximately 4.75 acres within the PR-5 (Planned Residential, max. 5 d.u./ac.) zone located on the southwest corner of Hovley Land and Portola Avenue, more particularly described as: APN 621-190-063 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environ- ment and Negative Declaration has been prepared. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: a. The proposed project generally conforms to the intent and purpose of the PR Zone District. b. The proposed project is adequately suited for the specific site and is compatible with existing and proposed development in the area. c. The proposed project will not be detrimental to the health, safety and general welfare of the community. 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. That the Planning Commission does hereby approve conceptual Development Plan No. 11-79 (Exhibit A) subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of October, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Snyder NOES: ABSENT: Fleshman, Miller ABSTAIN: A EST: WALTER H. SNYDER, Ch e man PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. 537 Page Two CONDITIONS OF APPROVAL CASE NO. DP 11-79 Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A (Case No. DP 11-79) on file with the Department of Environmental Services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Design Review, Subdivision process, and building permit procedures. 3. Construction of the total development shall be done in one phase. 4. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to the issuance of any City permits for the commencement of construc- tion on said project. the applicant shall agree in writing to these Conditions of Approval. 6. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 7. All existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are adjacent to the property being developed shall be installed underground as a part of development from the nearest existing pole not on the property being developed. 8. All requirements of the City Fire Marshal shall be met as part of the development of this project per attached letter dated August, 16, 1979. 9. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until complete. 10. Traffic control provisions shall be provided as required by the Director of Public Works. 11. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 12. Prior to 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 agencies: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issu- ance of a building permit for the use contemplated herewith. 13. No development shall occur on the subject property prior to the recorda- tion of a tract map. PLANNING COMMISSION RESOLUTION NO. 537 Page Three SPECIAL CONDITIONS: 1. Provide wind/blowsand protection along the north and west boundaries, as approved through the Design Review process. Revise preliminary site plan to correspond to Board action, prior to it being forwarded to the Plan- ning Commission for confirmation of Board action. 2. Revise perimeter design as follows: a. Hovley Lane - delete sidewalk, and install ornamental landscaping in the 12 foot parkway. Provide minimum 6 foot high solid masonry wall at property line. Install a solid tree screen with lower bushes on the inside of the wall. b. Portola Avenue - install a minimum 6 foot high solid masonry wall along eastern boundary; place wall an average of 20 feet from property line. c. Western and Southern Boundary - install a minimum 6 foot high masonry wall along property lines. d. General - wall materials and design, and landscape materials for parkway and wind protection shall be specifically approved through the design Review process 3. Recess tennis court to a depth to be determined in the Design Review process. 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)