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HomeMy WebLinkAboutRes No 2287PLANNING COMMISSION RESOLUTION NO. 2287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE AGE LIMITS CONTAINED IN THE DEVELOPMENT AGREEMENT RELATED TO THE PROJECT KNOWN AS VILLA PORTOFINO LOCATED AT 73-755 COUNTRY CLUB DRIVE AND AMENDMENT OF CONDITION NO. 10 OF THE PUBLIC WORKS DEPARTMENT, CITY COUNCIL RESOLUTION NO. 99-19. CASE NO. PP/CUP 98-21 Amendment WHEREAS, the City Council did on the 11 th day of February, 1999, pass Ordinance No. 907 being a development agreement and did adopt Resolution No. 99-19 approving Precise Plan/Conditional Use Permit 98-21 for a residential development located at 73-755 Country Cub Drive known as Villa Portofino; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of August, 2004, hold a duly noticed public hearing to consider the request of Villa Portofino/Royce International for the above noted amendment to Ordinance No. 907 to reduce the minimum age limit for 62 years to 55 years and clarification of the intent of Public Works Condition No. 10, Resolution 99-19; 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. 02-60," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact certified; 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 amendment to the development agreement: 1. The project as designed and constructed provides more than 100% of the required parking for a project restricted to persons 55 years and older. 2. The density of development on the site is 27.4% of the maximum allowed. WHEREAS, at said public hearing the Planning Commission determined that Condition No. 10 of Public Works Department, City Council Resolution No. 99-19, should be clarified. PLANNING COMMISSION RESOLUTION NO. 2287 ABSTAIN: ATTEST: t PHILIP DREL Secretary Palm Desert Planning Commission 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 an amendment to the Development Agreement Ordinance No. 907 (Exhibit A attached) is hereby recommended to City Council. 3. That Planning Commission recommends to City Council that Condition No. 10 of Public Works Department of City Council Resolution No. 99-19 should be amended as shown in Exhibit B attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of August, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TSCHOPP, JONATHAN NOES: NONE ABSENT: LOPEZ NONE 2 i SABBY J • ATH)Nid; Chairperson PLANNING COMMISSION RESOLUTION NO. 2287 EXHIBIT A 1. That Section D1(f) of the development agreement be amended to read: "(f) "Senior Citizen Household" means a maximum two person household of which at least one member is 55 years of age or older." 2. That Section D7(d) of the development agreement be amended to read: "(d) Age limits. The minimum age for at least one occupant shall be 55 years old." 3 PLANNING COMMISSION RESOLUTION NO. 2287 EXHIBIT B 1 That Condition No. 10 of Public Works Department, City Council Resolution No. 99- 19, shall be amended to read as follows: // a. That the applicant shall install full (north and south half) median improvements adjacent to his project on Country Club Drive. The City to be responsible for installing landscape material and providing maintenance of same. 4