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HomeMy WebLinkAboutRes No 1825PLANNING COMMISSION RESOLUTION NO. 1825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PARCEL MAP TO SUBDIVIDE A .6 ACRE PARCEL INTO TWO PARCELS, AND AN ADJUSTMENT TO ALLOW (2)13,068 SQUARE FOOT PARCELS IN THE R-1 14,000 ZONE. PROPERTY IS LOCATED AT SOUTHEAST CORNER OF DE ANZA WAY AND SAN PASCUAL (APN 627-171-001). CASE NO. TPM 28630, ADJ 97-8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of August, 1997, hold a duly noticed public hearing and continued public hearing on August 19, 1997, to a consider a request by PALM DESERT REDEVELOPMENT AGENCY of the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105," in that the Director of Community Development has determined that the adjustment is a Class 5 categorical exemption and the parcel map is a Class 15 categorical exemption for purposes of CEQA and no further documentation is necessary; 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 granting approval of said parcel map: PARCEL MAP: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvements of the proposed map 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 of the parcel map 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 parcel or the type of improvements is not likely to cause serious public health problems. PLANNING COMMISSION RESOLUTION NO. 1825 ADJUSTMENT: 1. The strict or literal interpretation and enforcement of the specified regulation would result in a particular difficulty and unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or that do not apply generally to other properties of the same vicinity. 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of the privileges enjoyed by the owners of other properties in the same vicinity and zone. 4. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the 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 approval of the Tentative Parcel Map 28630 and Adjustment 97-8 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of August, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JONA_HAN, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE EST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 GUSON, Chairperson PLANNING COMMISSION RESOLUTION NO. 1825 CONDITIONS OF APPROVAL CASE NOS. TPM 28630, ADJ 97-8 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. All requirements of any law, ordinance or regulation of the state, city and any other applicable government entity, shall be complied with as part of this map. 3. Recording of final map shall take place within 2 years of the date of this approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. All development shall conform to standards in Section 25.16 of the City's Zoning Ordinance. 5. Each parcel shall have a residence with a minimum of 2,000 square feet of living area, exclusive of garage. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to recordation of parcel map. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos.79-17 and 79-55, shall be paid prior to recordation of parcel map. 3. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be placed underground per each respective utility district's recommendation. If determined to be unfeasible, the applicant shall submit to the City, in a form acceptable to the City attorney, surety in an amount equal to the estimated construction costs for the subject undergrounding. 5. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 3 PLANNING COMMISSION RESOLUTION NO. 1825 6. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 7. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 8. Complete parcel map shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 9. Prior to final map approval, applicant shall provide for the pay-off or reapportionment of any existing city assessments against the subject property. Riverside County Fire Department: No Fire Department Conditions. 4