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HomeMy WebLinkAboutCC RES 80-022ALTERNATIUE A RESOLUTION �J4. 80-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALh1 DESERT, CALIFORNIA, ANNOUNCING ITS FINDINGS AND APPROVING THE MODI- FICATION OF CONDITION OF APPROVAL OF CASE N0. TT 14079 KNOWN AS SPECIAL CONDITION N0. 13. CASE N0. TT 14079 - WHEREAS, the City Council of the City of Palm Desert, California, did approve a Tentative Tract Map No. TT 14079, and a subsequent one year time extension of that map, approving 134 condominium lots and 13 common lots at the northwest corner of Portola Avenue and Hovley Lane; and, WHEREAS, the Conditions of Approval of said Tentative Tract hiap did include Special Condition No. 13 which requires that the applicant grant an easement to the City for drainage purposes with drainage facilities construc�ed as a part of this project per the Adopted Master Plan of Drainage for the north Palm Desert area; and, _ _ _ . _ _ _ _ ... WHEREAS, WALLACH AND ASSOCIATES representing KENT LANG CO., did file a request for a modification of Special Condition No. 13 in a timely manne•r; and, WHEREAS, the City Council of the City of Palm Desert, California, did hold a duly noticed Public Hearing on February 28, �.930, to consider tne modifi- cation; and, WHEREAS, after hearing and considering all of the testimony regarc!ing this matter the Counc;l did find the following facts to exist to justify a modi- fication: l. The applicant does not object to the imposition of said Condition of Approval but is requesting a clarification. 2. Information has been s�bmitted to the City Council to warrant a modification of said Condition of Approval. 3. TY�e installation of drainage facilities is necessary to implement the Adopted Master Plan of Drainage for the north Palm Desert area. 4. Installation of the required drainage facilities will promote the public health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. 7hat the «bove recitations are true and correct and constitute the findings of the Council in this case; 2. A modification is hereby approved to read as follows: Special Condition No. 13 The subaivider shall furnish the engineering and calculations for the Master Storm Drain Plan as shown on Hovley Lane and furnish any necessary easement therefore. The portion of the Master Storm Drain Plan labeled PH3 from the Palm Desert Greens area will be constructed by the adjoining subdivider located to the north of ihis tract. This PH3 portion is being relocated over to Portola Avenue through the street pattern as proposed by the developer and under the direction of the Director of Public Works. The new location of this portion of the storm drain decreases the storm drain size on Hovley Lane, and in addition no easement will be required through the center of this tract. The subdivider shall construct the storm drains labe'ed PH2 and PI�l and that portion of PH4 adjacent to the subdivision on the Master Drainage Plan at the appropriate size as determined by the Director of Public Works. All drainage fees due the City of Palm Desert shall be applied to the con- struction of the storm drain located on k{ovley Lane. Since this portion of the storm drain is oversized, a reimbursement agreement under Ordinance No. 'L18, but not to exceed �100,000, is justified. RESOLUTION N0. 80-22 ALTERfJATIVE A Page Two PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of Februar , 1980, by the following :�ote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None � / ' � � � / � � ,, / - �� D. INS, Mayor ATTEST: / • - - - - - - - -- - , ' - - SH ILA �. GILLI AN, City rk City of Palm Desert, California