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HomeMy WebLinkAboutRes No 662PLANNING COMMISSION RESOLUTION NO. 662 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW A TEd LOT "NON -STATUTORY" CONDO MINIUM SUBDIVISION LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 850 FEET EAST OF LUPINE LANE. CASE NO. TT 17148. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd. day of December, 1980, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non -statutory " condominium subdivision on approx- imately .7 gross acres within the R-3 13,000 (3) (Multi Family Residential, minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the Southside of Shadow Mountain Drive, approximately 850 feet east of Lupine Lane, more particularly described as: Lot 1 of Tract 5291-12 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 subject 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 .persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 25 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. • 4. Thedesign of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: • 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 17148 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of December, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE CHAR ES MILLER, Chairman ATTEST: /pa PLANNING COMMISSION RESOLUTION NO. 662 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17148 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all Municipal Ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 2. Full public improvements including traffic safety lighting as required by Ordinance and the City Engineer shall be installed in accordance with City standards. 3. Access rights to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 6. All on -site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the subdivision improvements by the City._` 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10. 10. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council. 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developers shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow Mountain Drive. The sidewalk shall be approved by the Director of Public Works. 3. 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, prior to Final Map approval, to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for than uortion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction.