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HomeMy WebLinkAboutRes No 2419PLANNING COMMISSION RESOLUTION NO. 2419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND TENTATIVE TRACT MAP TO SUBDIVIDE LOT 8 OF TT 30438- 2 FOR CONDOMINIUM PURPOSES TO ALLOW CONSTRUCTION OF THREE RESIDENTIAL UNITS AT 48-280, 48-294 AND 48-308 NORTH RIDGE TRAIL. CASE NOS. PP 06-10 AND TT 34927 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October, 2006, hold a duly noticed public hearing to consider the above noted request by Stone Eagle Development; 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 its actions, as described below: 1. That the tentative tract map for condo purposes and precise plan are consistent with applicable general and specific plans, as amended. 2. That the design or improvement of the subdivision and precise plan are consistent with the applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the density of development. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 7 That the design of the subdivision and precise plan will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. That the amended design of the subdivision or the type of improvements will not restrict solar access to the property. 9. The overall Stone Eagle project will continue to comply with the provisions of the adopted Development Agreement. PLANNING COMMISSION RESOLUTION NO. 2419 WHEREAS, in the review of this tentative tract map for condominium purposes and the precise plan, the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources; and WHEREAS, the proposed map and precise plan are within the scope of the Environmental Impact Report which was prepared and certified for this project and the Director of Community Development has determined that no additional environmental review is required. 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 Case Nos. TT 34927 and PP 06-10 subdividing Lot 8 of TT 30438-2 for condominium purposes to allow construction of three (3) residential units are hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 2006, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TANNER, LOPEZ NOES: NONE ABSENT: TSCHOPP ABSTAIN: NONE ATTEST: PHILIP DRE Palm Desert , Secre.taxy lanning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2419 CONDITIONS OF APPROVAL CASE NOS. PP 06-10 AND TT 34927 Department of Community Development: 1. That all conditions of approval imposed on the original TT 30438 and Development Agreement 02-01 shall be conditions of this approval. Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas shall be provided by the homeowners association. Landscape treatment shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which declaration shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify: (a) the applicant shall oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Map; and c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 2. 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. BONDS AND FEES 3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to recordation of final map. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 3 PLANNING COMMISSION RESOLUTION NO. 2419 6. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN PLANS 7. Storm drain/retention area design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 8. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public ‘Alorks for checking and approval prior to issuance of any permits. 9. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the public works department for improvements in the public right of way prior to issuance of any permits. 10. 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. 11. 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. 12. Pad elevations, as shown on the tract map are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 13. Landscape installation shall stress native plants. 14. Landscape plans shall be submitted for review concurrently with grading plans. 15. Waiver of access to adjacent streets, except at approved locations, shall be granted on the final map. REQUIRED CONSTRUCTION 16. All improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until improvements have been completed. 4 PLANNING COMMISSION RESOLUTION NO. 2419 17. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. SPECIAL CONDITIONS 18. All conditions from TT 30428 shall apply to project. // 5