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HomeMy WebLinkAboutRes No 634PLANNING COMMISSION RESOLUTION NO. 634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING IN MODIFIED FORM AN AMENDMENT TO A PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENT CONSISTING OF SIXTY (60) DUPLEX APARTMENTS TO ALLOW A SPECIFIED NUMBER OF DWELLING UNITS TO BE PROVIDED AS INDIVIDUAL OWNER CONDO- MINIUMS AND CERTAIN MINOR PLAN MODIFICATIONS ON APPROXIMATELY 10.87 ACRES WITHIN THE PR-5 ZONE LOCATED ON THE EAST SIDE OF PORTOLA AVENUE, SOUTH OF THE WHITEWATER STORM CHANNEL, NORTH OF MAGNESIA FALLS DRIVE. CASE NO. DP 08-79 (AMENDED) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of September, 1980, hold a duly noticed Public Hearing to con- sider a request by W.E. DEVELOPMENT CO. (TRANSCOPIC DEVELOPMENT CORPORATION) for approval of an amendment to an approved Development Plan to allow construction of sixty (60) condominiums rather than apartments, an increase in unit size and parking area coverage, a decrease in private open space, and minor modification of recreational amenities, on approximately 10.87 acres within the PR-5 (Planned Residential, maximum 5 d.u./ac.) zone located on the east side of Portola Avenue, south of the Whitewater Storm Channel, north of Magnesia Falls Drive, more particu- larly described as: APN 621-460-022 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has deter- mined that the project has previously been assessed in connection with Case No. DP 08-79 (original application), 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 project, amendment in modified form, generally conforms to the intent and purpose of the PR Zone District. b. The proposed project, amendment in modified form, is ade- quately suited for the specific site and is compatible with existing and proposed development in the area. c. The proposed project, amendment in modified form, 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 consti- stute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve conceptual Development Plan No. 08-79, amendment in modified form, (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: MURREL CRUMP, Acting Secret G CHA E1 R, Chairman y PLANNING COMMISSION RESOLUTION NO. 634 Page Two CONDITIONS OF APPROVAL CASE NO. DP 08-79 AMENDED Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A (Case No. 08-79 Amended) on file with the Department of Environmental Ser- vices, 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 may be done in phases; however, each individual phase shall meet or exceed all Municipal Code requirements to the degree that the City could consider each phase as a single project. 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 application 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 additions 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 develop- ment of this project per attached letter dated June 6, 1979, incorporated in Planning Commission Resolution No. 505. 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 com- pleted. 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 contem- plated 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 issuance of a building permit for the use contemplated herewith. PLANNING COMMISSION RESOLUTION NO. 634 Page Three Special Conditions 1. All of the requirements of Planning Commission Resolutions Nos. 505 and 622 shall be observed except as herein provided or as modified by this amendment •41010 approval. 2. Public right of way requirements shall be established in accordance with the General Plan Circulation Element as they now exist, or as they may subse- quently be amended. 3. Thirty-eight (38) of the approved duplex dwelling units lying west of the second driveway entrance on Magnesia Falls Drive shall be permitted to be offered as individual ownership condominium units. The balance of the site shall be developed for rental units under the approved plan, or subsequent approval by the Commission. 4. Provide stormwater channel bank landscaping, or rip -rap, as approved by the City Director of Environmental Services and Coachella Valley Water District.