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Home My WebLink AboutCC RES 80-078RESOLUTION N0. 80-�$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALN1 DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDO(�IINIUM SUBDIVISION LOCATED AT 73-415 SHADOW MOUNTAIN DRIVE, APPROXIMATELY 700 FEET EAST OF TUMBLEWEED LANE. CASE N0. TT 13462 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of June, 1980, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2, A Partnership, for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000(3) (Multi-Family Residential, minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located at 73-415 Shadow Mountain Drive, approximately 700 feet east of Tumble- weed Lane, more particularly described as: APN 627-301-020 WNEREAS, the Planning Commission, by Resolution No. 602, has recom- mended approval subject to conditions; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project is a Class 1, Categorical Exemption, and no further documentatian is deemed necessary. � WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tenta- tive Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and t��e State of California Subdivision Map Act, as amended. 2. The subject 7entative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 13462 for the reasons set forth in this Resolu- � tion and subject to the conditions. FURTHER, BE IT RESOLVED that the conditions of approval do include a requirement that the applicant shall pay a fee to comply with the requirements of Article 'Z6.48 of the City af Palm Desert Subdivision Ordinance. In return, the City Council agrees to use said fee for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. RESOLUTIOlJ N0. 80-78 ' --� Page Two PASSED, APPROVEO and ADOPTED at a regular meeting of the Palm Desert City Council, held on this �2th day of ��, 1980, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: C � i � �. � �� SNEILA R. GIL T-�'AN, CITY C K CITY OF PALM DESERT, CALI� NIA /dj McPherson, Snyder & Wilson Newbrander & Puluqi None None �-�� ; �, � ��-¢-� / ;� .��,;.,�- S. RO "WILSON, MAYOR ; � ` �, C% .l RESOLUTION N0. 80-' STANDARD CONDITIONS OF APPROVAL CASE N0. TENTATIVE TRACT 13462 Page Three l. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all Municipal Ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 2. Full public improvements including traffic safety lighting as required by Ordinance and the City Engineer shall be installed in accordance with City standards. 3. Access rights to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The C.C.&R.'s for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 6. Al1 on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the subdivision improvements by the City. 8. Al1 requirements of the Planning Commission action on the Conditional Use Per- mit O1-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to ten (10). 10. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolu- tion of the City Council. 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. 12. Developer sha11 pay a fee in lieu thereof as a condi�ion of the Final Map, for park and recreation purposes. The City shall commit the use of any such fees received within a five (5) year period. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. ; 2. Developer shall construct according to the City standards, as a condition of the Final P�1ap, a sidewalk along Shadow hlountain Drive. The sidewalk shall be approved by the Director of Public Works. 3. Any/all service lines on subject property, shall be placed underground prior to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final hlap approval, to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not under- grounded as a part of construction. RESOLUTION N0. 80-78 `" " Page Four SPECIAL CONDITIONS (Continued) 4. Applicant agrees, by virtue of acceptance of this Special Condition, that no current occupant of said Condominium Conversion Project shall be dis- placed for at least two (2) years. APPLICANT'S SIGNATURE