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HomeMy WebLinkAboutCC RES 81-006RESOLUTION N0. 81-6 A RESOLUTION OF TNE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDOMINIUM SUBDIVISION LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 850 FEET EAST OF LUPINE LANE. CASE N0. TT 17148 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of January, 1981, 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) (Multifamily Residential, minimum 13,000 sq.ft. lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 850 feet east of Lupine Lane, more parti- cularly described as: Lot 1 of Tract 5291-12 WNEREAS, the Planning Commission, by Planning Commission Resolution No. 662, has recommended approval subject to conditions; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Envirormental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the subject project is a C'lass 1, Categorical Exemption, and no further documentation is deemed necessary; and, WNEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of a11 persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tentative Tract Map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for th� proposed density of development. (e) That 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. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) 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. 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 constitute the findings of the Council in this case. � That it does hereby approve the above described Tentative Map No. TT 17148 for the reasons set forth in this Resolution and subject to the attached cor�ditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, heid on this 8th day of January, i981, by .the following vote, to wit: AYES: Puluqi, Snyder & Wilson NOES : Newbrander ABSENT: McPherson ABSTAIN: None ATTEST: / , , � ��� ILA R. GILLrGAN, City Y' k RESOLUTION N0. 81-b STANDARD CONDITIONS OF APPROVAL CASE N0. TENTATIVE TRACT 17148 Page Two 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to aii 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 Eng9neer shall be installed in accordance with City standards. 3. Access right 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 CC&R's for this development shall be submitted to the Director of Environ- mental 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. Al1 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. All 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 imhrovements is commenced. The subdivider shall submit "as buiit" plans prior to acceptance of the subdivision improvements by the City. 8. All requirements of th� Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 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 Resolution 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. SPECIAL CONDITIONS 1. 2 Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. Developers shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow Mountain 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 Map approval, to run with the land, acceptable to the City Atiorney, 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 undergrounded as a part of construction. 4. Development shall conform to all requirements and parking standards relating to condominiums.