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HomeMy WebLinkAboutRes No 1032PLANNING COMMISSION RESOLUTION NO. 1032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR A 13 UNIT CONDOMINIUM PROJECT LOCATED ON THE NORTH SIDE OF SHADOW MOUNTAIN DRIVE APPROXIMATELY 730 FEET WEST OF PORTOLA AVENUE. CASE NO. TT 20743 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of March, 1985, hold a duly noticed public hearing to consider the request of H.L.M. DEVELOPMENTS for approval of a tentative tract map and negative declaration of environmental impact to allow construction of a 13 unit condominium project on 40,500 square feet in the R-3 zone on property located on the north side of Shadow Mountain Drive, approximately 750 feet west of Portola Avenue, more particularly described as: APN 627-273-013 and 014 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 determined that the project will not have an adverse impact on the environment and a negative declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons as justified in the staff report dated March 19, 1985, on file in the department of environmental services, to exist to approve the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (h) That the design of the subdivision will not restrict solar access. WHEREAS, in the review of this tentative tract map the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 approve the above described Tentative Map No. 20434 for the reasons set forth in this resolution and subject to the attached conditions. 3. That a negative declaration of environmental impact is hereby approved. FURTHER, BE IT RESOLVED that the conditions of approval do include a requirement that the applicant pay fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return, the city agrees to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of March, 1985, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD & CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE _ UFO&D "CRITES, Chairman ATTEST: RAMON A. DIAZ, ary /dlg PLANNING COMMISSION RESOLUTION NO. 1032 CONDITIONS OF APPROVAL CASE NO. TT 20743 Department of Environmental Services: 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 ordinance and state and federal statutes now in force, or which hereafter may be in force. 2. The applicant shall have twenty-four (24) 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 as permitted by code is granted by planning commission. 3. 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. 4. 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. 5. 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. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 6. All revisions to tentative tract map required by approval of PP 85-2 shall be made prior to recordation of final map. 7. Prior to recordation of final map, evidence in writing shall be provided to the city that the developers have made provisions with the Desert Sands Unified School District to pay local school impact fees as established by the city council. 8. Developer shall pay a fee in lieu thereof, as a condition of the final rnap, for park and recreation purposes per city requirements. The city shall commit the use of any such fees received within a five year period. Department of Public Works: 1. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contigent upon a drainage study by the private engineer that is approved by the department of public works. That the storm drain study be reviewed and approved prior to issuance of any permits. 4. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the department of public works prior to project final. 5. Landscaping maintenance on Shadow Mountain Drive shall be provided by the homeowner's association. 6. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 7. Installation of sidewalk on Shadow Mountain Drive. PLANNING COMMISSION RESOLUTION NO. 1032 8. Size, number and location of driveways to public works specifications with only 2 driveway approaches to be allowed to serve this property. 9. Installation of curbs and gutters at 20 feet from centerline and matching paving.