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HomeMy WebLinkAboutRes No 2258PLANNING COMMISSION RESOLUTION NO. 2258 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO AMEND PRECISE PLAN 84-17 ALLOWING A REDUCTION IN PARKING REQUIREMENTS IN A PR ZONE, WHICH WILL ALLOW THE CONVERSION OF AN EXISTING APARTMENT COMPLEX TO CONDOMINIUMS. THE SUBJECT PROPERTY IS KNOWN AS PALM LAKE VILLAS APARTMENTS, LOCATED AT 43-376 COOK STREET. CASE NO PP 04-03: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April, 2004, hold a duly noticed public hearing to consider the request by PALM LAKE, LLC for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 02-60, in that the Director of Community Development has determined that the project is a Class 1 Categorical Exemption; 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 the said request: 1. That the proposed parking reduction for condominiums in Palm Lake Villas is in accord with the objectives of the City's Zoning Ordinance. 2. That the proposed precise plan amendment and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties in the area. 3. That the proposed precise plan amendment will comply with each of the applicable provisions of this title. 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 Precise Plan 04-03 amending Precise Plan 84-17 is hereby granted, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. 2258 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of April, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission SABBY JtN THAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2258 CONDITIONS OF APPROVAL CASE NO. PP 04-03 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. In accordance with CC&Rs submitted to the Department of Real Estate, a maximum of two (2) vehicles per residential unit may be kept in the project; said restriction shall be enforced by the Association and may be enforced by the City if parking extends beyond the project boundary and/or becomes a problem outside the project gates. CC&Rs shall be reviewed by City to insure consistency with City approvals. 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. Construction of the additional spaces as shown in Parking Exhibit, date stamped Feb 11, 2004, is not recommended. Based on the existing parking demand, the Toss of the tennis courts and landscaping will be a negative impact to the residents. If a parking problem occurs that the CC&Rs cannot address, than the applicant shall implement and construct the additional spaces as shown in the plan described above. 5. 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 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. 3 PLANNING COMMISSION RESOLUTION NO. 2258 Department of Public Works: 1. 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 issuance of a grading permit. 2. 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 grading permits. 3. Any and all offsite improvements shall be preceded by the approval plans and the issuance of valid encroachment permits by the Department of Public Works. 4. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. Developer shall contact the Riverside County Flood Control District for informational materials. 5. 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. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 6. The project may connect with a new signalized high school access road on Cook Street. If it does, full public improvements, as required by Sections 26.40 and 26.44 of Palm Desert Municipal Code, shall be installed in accordance with applicable City Standards and the City's Circulation Network. Those improvements shall include, but not be limited to the following: * Intersection improvements on the east side of Cook Street and tie-ins with adjacent street improvements to the north and south. * Right-of-way necessary for the installation of the above referenced improvements shall be dedicated to the City prior to issuance of any permits associated with this project. 7. Additional 12 feet of Right -of -Way required on Cook Street. // 4