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HomeMy WebLinkAboutRes No 2125PLANNING COMMISSION RESOLUTION NO. 2125 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO CONVERT A THREE -UNIT APARTMENT COMPLEX INTO THREE CONDOMINIUMS AT THE SOUTHWEST CORNER OF SUNSET LANE AND ABRONIA TRAIL. PROPERTY IS ALSO REFERRED TO AS 45-359 SUNSET LANE AND A.P.N. 625-126- 001 CASE NOS. CUP 02-08 AND TT 30608 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7' day of May, 2002, hold a duly noticed public hearing to a consider a request by WESTVEST 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. 00-24," in that the Director of Community Development has determined that the project is considered 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 CONDITIONAL USE PERMIT: 1. That the proposed location of the conditional use is in accord with the objectives of this title and purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the conditional use will comply with each of the applicable provisions. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's general plan. 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. PLANNING COMMISSION RESOLUTION NO. 2125 2. That approval of the Conditional Use Permit 02-08 and Tentative Tract Map 30608 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 7th day of May, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL�Secretary Palm Desert PI nning Commission 2 CYNT IA FINERTY, Chairpersgn PLANNING COMMISSION RESOLUTION NO. 2125 CONDITIONS OF APPROVAL CASE NOS. CUP 02-08 AND TT 30608 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file to 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 which 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. Applicable Trash Company and Department of Community Development shall approve said placement. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards. Plan to be prepared by a qualified lighting engineer. 3 PLANNING COMMISSION RESOLUTION NO. 2125 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 9. Applicant agrees to maintain the landscaping required 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 Tong -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. 10. 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, TUMF and School Mitigation fees. 11. The project's setbacks shall conform to standards in Section 25.20 of the City's Zoning Ordinance. 12. The project shall construct a new 6-foot high perimeter block walls along the west and north property lines. Material and location to be approved by the Community Development Department. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to issuance of grading permits. 2. 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. 3. The project shall be subject to Transportation Uniform 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 prior to the issuance of a grading permit. 4 PLANNING COMMISSION RESOLUTION NO. 2125 taw 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. 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 Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement shall include city standard sidewalk and driveway installation with 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. 8. 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. 9. Landscape 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. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. 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