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HomeMy WebLinkAboutRes No 584PLANNING COMMISSION RESOLUTION NO. 584 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONVERSION OF A NINE UNIT APARTMENT COMPLEX TO "NON -STATUTORY" CONDOMINIUMS LOCATED AT 73-415 SHADOW MOUNTAIN DRIVE, APPROXIMATELY 700 FEET EAST OF TUMBLEWEED LANE. CASE NO. CUP 01-80 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. DAVID HEUSINKVELD for approval of a Conditional Use Permit to convert a nine unit apartment complex to "non -statutory" condominiums of approxi- mately 1,000 square feet each on approximately .7 gross acres within the R-3, 13,000 (Multi -family Residential, minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located at 73-415 Shadow Mountain Drive, approximately 700 feet east of Tumbleweed Lane, more particularly described as: APN 627-301-02C 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 is a Class 1, Categorical Exemption, and no further documentation is deemed necessary. 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 is in accord with the objectives of the Zoning Ordinance and the conditional uses of the R-1 zone; b. The proposed location of the conditional use and the conditions under which it would be operated and main- tained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties in the vicinity; c. The proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for the side yard setback as provided in the site plan approval; and, d. The proposed conditional use complies with the goals objectives, and policies of the City's 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 Conditional Use Permit No. 01-80 (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 1st day of April, 1980, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: None ABSENT: None ABSTAIN: None WALTER S. SNYDER, Chad"rman ATT PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. 581 Page -2- CONDITIONS OF APPROVAL CASE NO. CUP 01-80 Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A (Case No. CUP 01-80) 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. 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 Condi- tions of Approval. 4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in additions to all municipal ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 5. All requirements of the City Fire Marshal shall be met as part of the development of this project per attached letter dated 6. 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 completed. 7. Traffic control provisions shall be provided as required by the Director of Public Works. 8. 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. 9. Prior to issuance of a building permit for construction of any use con- templated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Palm Desert Design Review Board Process City Fire Marshal Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 10. No development shall occur on the subject property prior to the record- ation of a tract map. 11. Any/all 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 utili- ties adjacent to the site which are not undergrounded as a part of construc- tion. 12. Applicant shall submit detailed construction floor plans to the Director of Environmental Services to verify that each dwelling unit contains a minimum of 1000 square feet of floor area. If applicant fails to submit plans, or if each dwelling unit does not contain 1000 square feet, this approval shall be null, void, and of no affect whatsoever.