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HomeMy WebLinkAboutRes No 2303PLANNING COMMISSION RESOLUTION NO. 2303 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP, SUBDIVIDING A 8.3 ACRE PROPERTY INTO FIVE COMMERCIAL LOTS. PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND TOWN CENTER WAY. CASE NO. TPM 32640 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of October 2004, hold a duly noticed public hearing which was continued to November 16, 2004, to a consider a request by ENJOY DEVELOPMENT 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. 04-106," in that the Director of Community Development has determined that the project is a Class 15 (Minor Land Divisions) 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 tentative parcel map: 1. That the design or improvements of the proposed map is consistent with applicable general and specific plans. 2. That the site is physically suitable for the type development. 3. That the site is physically suitable for commercial development. 4. That the design 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. 5. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION RESOLUTION NO. 2303 8. That the design of the subdivision shall provide to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 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 32640 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 16th day of November, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, cretary Palm Desert Plan mg Commission SA c B JONATHAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2303 CONDITIONS OF APPROVAL CASE NO. TPM 32640 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. AU 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. Public Works Department: 1. There shall be recorded on the map a reciprocal easement for parking and access, drainage, use of trash enclosures, and landscape maintenance. // 3