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HomeMy WebLinkAboutRes No 583PLANNING COMMISSION RESOLUTION NO. 583 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING A SPECIAL CONDITION OF APPROVAL RELATIVE TO UTILITY UNDERGROUNDING, FOR A RESIDENTIAL CONDO- MINIUM DEVELOPMENT LOCATED ON THE EAST SIDE OF OCOTILLO DRIVE, SOUTH OF TUMBLEWEED LANE. CASE NOS. CUP 16-77 AND 104 MF WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of April, 1980, hold a duly noticed Public Hearing to consider a request by MR. RONALD STEWART for approval of an amendment of a Special Condi- tion of an approved Conditional Use Permit to waive undergrounding of utilities as part of construction and, pursuant to Section 25.56.120 of the City of Palm Desert Municipal Code, permit applicant to guarantee that said property will voluntarily be part of any undergrounding assessment district which may be established by the City including the property in question, for property consisting of approximately 1.5 acres, within the R-3 20,000(3), S.P. (Multi -Family Residential, minimum 20,000 square foot lot, one dwelling unit per 3000 square feet of lot area, Scenic Preservation Overlay) zone generally located on the east side of Ocotillo Drive, approximately 400 feet south of Tumbleweed Lane, more particularly described as: APN 627-282-012 thru 024 WHEREAS, at said Public Hearing, 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 to justify their actions, as described below: a. That the proposed conditional use development with an amended condition relative to undergrounding of utilities is compatible with existing and proposed development in the area. b. That the proposed conditional use development with an amended condition relative to undergrounding of utilities is compatible with the objectives of the Zoning Ordinance and City 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 matter. 2. That the Commission does hereby amend Special Condition No. 2 of Planning Commission Resolution No. 320, to read as follows: "2. Any/all utility service lines on subject property, shall be placed underground prior to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction." PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of April, 1980, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER SNYDER, ChairOan ATTEST: PAUL A. WILLIAMS, Secretary /dj