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HomeMy WebLinkAboutRes No 562PLANNING COMMISSION RESOLUTION N0. 562 tar `r► A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT OF A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO TENNIS COURTS AND ONE JACUZZI LOCATED WITHIN THE PORTOLA DEL SOL CONDOMINIUM DEVELOPMENT, EAST SIDE OF PORTOLA AVENUE, AT CATALINA WAY. CASE NO. CUP 03-75 (AMENDMENT) WHEREAS, the Planning Commission of the City of Palm Desert, Cali- fornia, did on the 3rd day of January, 1980, hold a duly noticed Public Hearing to consider a request by PORTOLA DEL SOL OWNER'S ASSOCIATION for approval of an Amendment to a Conditional Use Permit to allow construction of two (2) tennis courts and one jacuzzi within the common recreation area of Portola Del Sol Condominium Development located on the east side of Portola Avenue, at Catalina Way, more particularly described as: APN 625-371-051 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 has previously been assessed in connection with Case No. CUP 03-75 and is not considered a significant change, therefore, no further documentation is deemed necessary by the Director. 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 location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or general welfare, or be materially injurious to the prop- erties or improvements in the vicinity. b. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. c. The proposed conditional use complies with the goals, objectives, and policies of the City's 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. That the Planning Commission does hereby approve Condi- tional Use Permit No. 03-75 (Amendment) (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 3rd day of January, 1980, by the following vote, to wit: AYES: Berkey, Miller, Snyder NOES: None ABSENT: Kryder ABSTAIN: None ATTEST: 4 WALTER SNYDER, ChaTrm PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. 562 Page -2- CONDITIONS OF APPROVAL CASE NO. CUP 03-75 (AMENDMENT) Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A (Case No. CUP 03-75 (Amendment) 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, and building permit procedures. 3. Construction of a portion of said Amendment shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to the issuance of any City permits for the commencement of construction on said Amendment, the applicant shall agree in writing to these Conditions of Approval. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addi- tions to all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 6. 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 agency: Palm Desert Design Review Board Process Evidence of said permit or clearance from the above agency shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. Special Conditions: 1. Prior to submitting a Design Review application which includes night lighting of the tennis courts, the applicant shall submit evidence that the majority of dwelling unit owners on the east and west sides of the proposed courts, concur with the installation of lighting. The evidence shall be in an acceptable form and offered to the Director of Environ- mental Services for varification. 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) PLANNING COMMISSION RESOLUTION NO. 562 Page -3- EXHIBIT "A" Incorporated herein by reference are the following listed documents: • Portola Del Sol Homeowner's Association Letter with members resulting votes. • Notice of Special Meeting of Members • Proxy Format • Gordy Altland, Inc. - Bid f Illustration of the Tennis Courts and Swimming Pool • Signed Proxies by Individual Homeowners • Illustration These documents are contained in Case file No. CUP 03-75 (Amendment) in the Environmental Services Department.