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HomeMy WebLinkAboutRes No 2527PLANNING COMMISSION RESOLUTION NO. 2527 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36210 SUBDIVIVING A .41 ACRE PARCEL INTO FOUR CONDOMINIUM AIR SPACE UNITS WITH A COMMON AREA FOR SALES PURPOSES. THE PROPERTY IS LOCATED AT 73-765 SHADOW MOUNTAIN DRIVE. CASE NO. TPM 36210 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April, 2010, hold a duly noticed public hearing to consider the request by Amir Engineering 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 California Environmental Quality Act", Resolution No.06-78, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 15 Categorical Exemption for purposes of CEQA, and therefore 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 exist to justify the approval of said request: 1. That the proposed map is consistent with applicable general and specific plans. The proposed Parcel Map is consistent with the Medium Density Residential designation in the General Plan and with the approved Conditional Use Permit on file. There is no specific plan for the area in which the Parcel Map is located. 2. That the design or improvements of the proposed map are consistent with applicable general and specific plans. The improvements were found by the Planning Commission to be consistent with the General Plan designation prior to their construction. This subdivision would not change the design of the previously constructed improvements, would comply with all zoning ordinance requirements, and would retain consistency with the type of development stated in the Medium Density Residential General Plan designation. 3. That the site is physically suitable for the type of development. The site is currently developed with suitable apartment units, parking, sidewalk, and common area. The proposed tentative parcel map that would PLANNING COMMISSION RESOLUTION NO. 2527 subdivide the parcel into four condominium air space units would not cause change to the existing development pattern. Improved streets with necessary utilities currently serve the property. 4. That the site is physically suitable for residential development. The site is within an existing residential zone and all created lots meet development standards for the City's Zoning Ordinance and General Plan. The site has already been developed as a residential complex, which clearly demonstrates its suitability for residential development. 5. That the design of the Parcel Map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subject property was previously evaluated as part of Conditional Use Permit 03-15 and determined to be exempt from CEQA per Section 15303 (Class 3, New Construction or Conversion of Small Structures) of CEQA guidelines. The improvements have already been constructed, so this subdivision will not result in any physical changes to the environment and, therefore, will not result in any environmental impacts. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. The design of the parcel map is consistent with all provisions of the Zoning Ordinance and with the California Building Code with respect to public health safety and welfare. 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. There are no known public easements traversing through the site that will be affected by 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 the Planning Commission does hereby grant approval of Tentative Parcel Map 36210, subject to conditions. 2 PLANNING COMMISSION RESOLUTION NO. 2527 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of April 2010, by the following vote, to wit: AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary' Palm Desert Planning Commission 3 M. CONNOR LIMONT, Chairperson PLANNING COMMISSION RESOLUTION NO. 2527 CONDITIONS OF APPROVAL CASE NO. TPM 36210 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. Tentative Parcel Map 36210 shall be recorded within two years from the date of final approval unless an extension of time is granted; otherwise said parcel map approval shall become null, void and of no effect whatsoever. 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. All conditions of approval shall be recorded with the Riverside County Clerk before the final map is approved. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 5. All conditions of approval for Case No. CUP 03-15, approved by Planning Commission Resolution No. 2226 shall apply to the above noted project. Department of Public Works: 1. The parcel map shall be submitted to the Director of Public Works for review and approval. 2. The parcel map shall record before the condominium plan and the map recording information shall be referenced on the condo plan. A sample of the grant deeds shall be submitted to the Public Works Department prior to recording the condominium plan. 3. The CC&R's shall be submitted concurrently with the parcel map for review. 4. The sidewalk at the driveway approach on Shadow Mountain Drive shall be modified to comply with ADA requirements. A pedestrian easement shall be granted as necessary. 4