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HomeMy WebLinkAboutRes No 2319Vim PLANNING COMMISSION RESOLUTION NO. 2319 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PARCEL MAP CREATING A ONE -LOT SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191-SPACE INDIAN SPRINGS MOBILE HOME PARK LOCATED AT 49-305 HIGHWAY 74 (APN 652-120-007). CASE NO. PM 31862 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th and 29th days of December, 2004, hold duly noticed public hearings to consider the request of INDIAN SPRINGS, LTD., a California Limited Liability Company, for approval of PM 31862; 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 preliminarily determined that the project is a Class 1 Categorical Exemption for the purposes of CEQA; 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 said parcel map and conditions imposed thereon: 1. The project as it exists and as it will continue to exist with 191 units complies with the medium density provisions of the General Plan. 2. The project as conditioned complies with the General Plan and with the provisions of Government Code Section 66427.5. 3. The Indian Springs septic system represents an existing health and safety condition that needs to be mitigated by a requirement of connection to the sewer system because: • It is a high density system, serving 191 units on a 34.7-acre site. • Septic systems, by their nature, threaten groundwater resources, because of pass through of nitrates and certain organic compounds. • The septic system is 35 years old, where the average useful life is 25 years. • The septic system has had a history of problems and poor maintenance. PLANNING COMMISSION RESOLUTION NO. 2319 • • The Acting Assistant Executive Officer for the California Regional Water Quality Control Board testified that the system poses a threat to groundwater resources. Correspondence from both the California Regional Water Quality Control Board and the Coachella Valley Water District documents the threat that septic systems pose to groundwater resources and recommend that septic systems be discontinued. • Testimony of the residents regarding a history of problems with the system. 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 Planning Commission in this case. 2. That the Planning Commission does hereby determine that the project is a Class 1 Categorical Exemption for the purposes of CEQA. 3. That the Planning Commission does hereby approve PM 31862, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 29th day of December, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ,SSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: STEP EN R. SMITH, Acting Secretary Palm Desert Planning Commission 2 r, SABBY JaNAi1R N, Chairperson PLANNING COMMISSION RESOLUTION NO. 2319 CONDITIONS OF APPROVAL CASE NO. PM 31862 Department of Community Development: 1. The application 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 statues now in force, or which hereafter may be in force. 2. That pursuant to Government Code Section 66427.5 (a), the subdivision shall offer each existing tenant an option to either purchase his or her condominium or subdivided unit, which is to be created by the conversion of the park to resident ownership, or to continue residency as a tenant. Subdivider to provide the City with a certified statement as to the date of delivery of said offer. 3. That pursuant to Government Code Section 66427.5 (f) (1), for all non purchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period. 4. That pursuant to Government Code Section 66427.5 (f) (2), for all non purchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any preconversion amenities, may increase from the preconversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. 5. That the subdivider, prior to the sale of each unit, shall connect said unit to the public sewer system and provide evidence of same to the purchaser. 6. Indian Springs shall defend, indemnify, and hold harmless the City of Palm Desert as well as its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City, the City Planning Commission, any City Board, or the City Council concerning this subdivision, which action is brought within the time 3 PLANNING COMMISSION RESOLUTION NO. 2319 period provided for in Government Code Section 66499.37. This section shall not apply to any action brought by the applicant to challenge the City's actions in this matter. The City shall promptly notify Indian Springs of any such claim, action, or proceeding and the City shall cooperate fully in the defense. This condition is imposed pursuant to Government Code Section § 66474.9(b). This section shall not apply to any action brought by applicant to challenge the City's actions in this matter. Department of Public Works: 1. Application approval by City is subject to complete parcel map being submitted to the City Engineer for checking and approval. The parcel map shall be based on a field survey in conformance with the requirements of the Subdivision Map Act and City Ordinances. 11 4