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.