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HomeMy WebLinkAboutRes No 1776PLANNING COMMISSION RESOLUTION NO. 1776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A 13 LOT TENTATIVE TRACT MAP FOR PORTIONS OF SECTION 4 T5S R 6E. CASE NO. TT 28450 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of December, 1996, hold a duly noticed public hearing to consider the request by the Palm Desert Redevelopment Agency for a 13 lot tentative tract map for property located in Section 4, T5S R6E; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act in that the map implements a land use plan for which an Environmental Impact Report was prepared and certified November 16, 1994; and WHEREAS, at said public hearing, upon hearing and considering all 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 said tentative tract map: (a) That the proposed tentative 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; and (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. 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. PLANNING COMMISSION RESOLUTION NO. 1776 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 the Planning Commission does hereby approved the above described Tentative Map No. 28450 on file in the Department of Community Development, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of December, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, tecretary Palm Desert Pla ning Commission 2 PAUL R. BEATY, Chair rson PLANNING COMMISSION RESOLUTION NO. 1776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 13 LOT TENTATIVE TRACT MAP FOR PORTIONS OF SECTION 4 T5S 46E. CASE NO. TT 28450 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of December, 1996, hold a duly noticed public hearing to consider the request by the Palm Desert Redevelopment Agency for a 13 lot tentative tract map for property located in Section 4, T5S R6E; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act in that the map implements a land use plan for which an Environmental Impact Report was prepared and certified November 16, 1994; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the follo'`wing facts and reasons to exist to justify approval of said tentative tract map: (a) That the proposed tentative 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; and (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. 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. PLANNING COMMISSION RESOLUTION NO. 1776 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 the Planning Commission does hereby approve the above described Tentative Map No. 28450 on file in the Department of Community Development, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of December, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: s NONE ABSTAIN: NONE .ATTEST, PHILIP DRELL, Secretary Palm Desert Planning Commission ?&._f (4, 2 PAUL R. BEATY, Chairp son 2 PLANNING COMMISSION RESOLUTION NO. 1776 CONDITIONS OF APPROVAL CASE NO. TT 28450 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. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. 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. 4. The development of the property described herein shall be substantially consistent with the preliminary site plan and EIR which was certified by the City Council November 16, 1994. 5. That approval of this map is subject to all mitigation measures adopted November 16, 1994 and contained in City Council Resolution No. 94-1 19. Department of Public Works: 1. All applicable provisions, conditions and requirements associated with the Section Four North Sphere Project Environmental Impact Report as certified by the Palm Desert City Council on November 16, 1994, as Resolution No. 94-119, shall be considered as conditions of approval for this project. 2. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of any permits associated with this project or recordation of the final map. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project or the recordation of the final map. 3 PLANNING COMMISSION RESOLUTION NO. 1776 4. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 5. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of any permits associated with this project. 7. Traffic safety striping shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 8. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 9. All public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards and the city's Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to the following: * Construction of curb, gutter and paving as well as sidewalk in an appropriate size and configuration along Country Club Drive. * Construction of full improvements for the main project entry road and residential access road in accordance with applicable city standards or as modified with the approval of the Director of Public Works. * Construction of emergency access roads as approved by the Director of Public Works and the City Fire Marshall. * Residential street sections shall be a curb to curb width of twenty-four feet and shall transition to a minimum width of thirty-six feet at the public street connection points. 4 PLANNING COMMISSION RESOLUTION NO. 1776 Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. 10. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 5