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HomeMy WebLinkAboutRes No 2103PLANNING COMMISSION RESOLUTION NO. 2103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO CONSTRUCT A 2,366 SQUARE FOOT DUPLEX LOCATED ON THE NORTH SIDE OF CANDLEWOOD STREET, 100 FEET WEST OF ABRONIA TRAIL. PROPERTY IS ALSO REFERRED TO AS 74-230 CANDLEWOOD STREET. CASE NO. PP-01-20 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November, 2001, hold a duly noticed public hearing to consider a request by RICHARD AND VIRGINIA BUTLER for 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. 00-27," in that the Director of Community Development has determined that the project is a Class 3, 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 precise plan; FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity.. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare.. 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. 1 PLANNING COMMISSION RESOLUTION NO. 2103 2. That approval of Precise Plan 01-20 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 20th day of November, 2001, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TSCHOPP, LOPEZ NOES: JONATHON ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL Secretary Palm Desert PI nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2103 CONDITIONS OF APPROVAL CASE NO. PP 01-20 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. 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 wh ich hereafter may be in force. 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: Coachella Valley Water District Palm Desert Architectural Review Commission City Fire Marshal Public Works Department 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. Applicant shall provide a trash enclosure or area that screens all trash bins from public view and meets the requirements of the City Trash Enclosure Ordinance. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 3 PLANNING COMMISSION RESOLUTION NO. 2103 7. Applicant agrees to maintain the landscaping requ ired to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. The applicant will provide final drawings of the duplex with windows placed on the front of the garages. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Plan Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with the City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to issuance of a grading permit. 3. The project shall be subject to Transportation Un iform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works. 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. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 4 PLANNING COMMISSION RESOLUTION NO. 2103 7. 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 Di rector of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to, concrete sidewalk in an appropriate size and configuration and installation of a city standard driveway approach. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 8. All private and private improvements shall be inspected by the Department of Public Works and a standard inspection fee paid prior to the issuance of any permits associated with this project 9. Landscaping installation on the property frontages and common areas shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. The property owner shall provide landscaping maintenance for said landscape. 10. Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 11. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. 5