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HomeMy WebLinkAboutRes No 1105PLANNING COMMISSION RESOLUTION NO. 1105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE PARCEL MAP TO ALLOW A SUBDIVISION OF AN EXISTING 16,000 SQUARE FOOT LOT INTO TWO LOTS WITH AN ADJUSTMENT TO LOT SIZE AND WIDTH LOCATED ON THE NORTH SIDE OF DE ANZA WAY BETWEEN SANTA YNEZ AND SANTA MARGARITA AVENUE'S. CASE NO'S: PM 21173 & ADJ 85-3 WHEREAS. the Planning Commission of the City of Palm Desert. California. did hold a duly noticed public hearing on the 3rd day of December, 1985, to consider a request by DOROTHY MENTZER for above mentioned project. 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 community development has determined that the project is a Class 15 categorical exemption. WHEREAS. at said public hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify approval of the parcel map: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. •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. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. 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. 8. The strict or literal interpretation and enforcement of the specified regulation would result in unnecessary physical hardship inconsistent with the objectives of the zoning ordinances. PLANNING COMMISSION RESOLUTION NO. 1105 9. There are exceptional circumstances or conditions applicable to this property not applicable to other properties in the same zone. 10. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. 11. The granting of an adjustment will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. 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 constitute the findings of the commission in this case. 2. That it does hereby approve the above described Tentative Parcel Map No. 21173 subject to fulfillment of the attached conditions. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of December. 1985 by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD 8 CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RAMO A. DIAZ, Secte1 /dlg 2 PLANNING COMMISSION RESOLUTION N0. 1105 CONDITIONS OF APPROVAL CASE NO'S: PM 21173 & ADJ 85-3 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 2. 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. 3. Recordation of the map shall be completed within two years of the date of approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Palm Desert Architectural Commission Coachella Valley Water District Public Works Department Palm Desert Water and Services District City Fire Marshal 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. 5. Existing Palo Verde must either be built around or relocated on site or off site to an approved location. 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. Complete improvement 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 engineer shall submit "as -built" plans prior to the acceptance of the improvements by the city. 3 PLANNING COMMISSION RESOLUTION NO. 1105 3. 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. 4. Prior to recordation of the final map subdivider shall execute a Future Improvement Agreement for the installation of required street improvements. 4