HomeMy WebLinkAboutRes No 631PLANNING COMMISSION RESOLUTION NO. 631
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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 ON THE SOUTH SIDE OF SHADOW
MOUNTAIN DRIVE APPROXIMATELY 500 FEET WEST OF LARKSPUR LANE.
CASE NO. CUP 10-80
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on this 2nd day of September, 1980, hold a duly noticed Public Hearing to
consider a request by DAVID HEUSINKVELD for approval of a Conditional Use Permit
to convert a nine -unit apartment complex to "non -statutory" condominiums on
approximately .62 gross acres within the R-3 13,000(3) (Multi -family Residential,
minimum 13,000 square foot lot, one d.u./3,000 square feet of lot area) zone
generally located on the south side of Shadow Mountain Drive, approximately 500
feet west of Larkspur Lane, more particularly described as:
Lot 1 of Tract 5291-R
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 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. The proposed location of the Conditional Use is in accord
with the objectives of the Zoning Ordinance and the condi-
tional uses of the R-3 zone;
b. The proposed location of the Conditional Use and the con-
ditions under which it would be operated and maintained
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 consti-
tute the findings of the Commission in this case.
2. That the Planning Commission does hereby approve CUP 10-80
(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 2nd day of September, 1980, by the following
vote, to wit:
AYES: Berkey, Kryder, McLachlan, Miller
NOES: None
ABSENT: Richards
ABSTAIN: None
ATTEST:
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CHARLS MILLER, Chairman
URREL CRUM , Acting Secretary
PLANNING COMMISSION
RESOLUTION NO. 631 Page Two
CONDITIONS OF APPROVAL
CASE NO. CUP 10-80
Standard Conditions:
1. The development of the property shall conform substantially with Exhibit A
(Case No. CUP 10-80) 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 permits procedures.
3. 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.
4. Traffic control provisions shall be provided as required by the Director of
Public Works.
5. 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.
6. No development shall occur on the subject property prior to the recordation
of a tract map.
7. 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.
8. Applicant shall submit detailed construction floor plans to the Director of
Environmental Services to verify that each dwelling unit contains a minimum
of 1,000 square feet of floor area. If applicant fails to submit plans, or
if each dwelling unit does not contain 1,000 square feet, this approval shall
be null, void, and of no affect whatsoever.
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