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HomeMy WebLinkAboutCC RES 87-067CI lY OOIMCiI RE90U1TIOM 110. 87-67 A RESOtUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIII, APPROV[NG A TENTATIVE TRACT MAP TO PERMIT THE OkNERSHIP CONVERSION FROM COOPERATIVE APARTMENTS TO AIRSPACE CONOOMINIUMS FOR THE EXISTING 12 ONE BEOROOM STUDIO UNITS ON THE PROPERT:Y LOCATED WI.THIN SHADOM �IOUHTAIN RESORT. CASE NQ: TT 224/6 , . WHEREAS, the P 1 en� i n� Conm i ss 1 on of the C t ty of Pe 1 n� Desert . Ca 11 forn 1 a, did on the 5th dey of Mey, 1987, hoid a duly noticed publtc hearin9, which �+es continued to June 2, 1997, to consider the request of R�SORT APARTMENTS, INC.. for approval of a tentetive tract mep to alloM a change 1n the raethod of ownershtp for ths exl�tin� 12 one bedroan studio un.its contalned on.lot 1 tract 1573� fram cooperat 1 ve apertments to a 1 rspece cor�don�1 n 1 un�s . � WFIEREAS, the Plan�in� Commisston on June 2, 19qT. �evler+ed the n�tter and tOOk �f10 aCtIOf1~. • NFiEREAS, the epplicant filed,a timely appeel to the "no action" teken by_ the Plannin9 Canaiaston. WHEREAS, the City Council of the Ctty of Paim Desert did on the 9th dey of July, 1987, held e duly noticed public heerin� to conslde� the app�e�el by RESORT APARTMENTS, INC. MF�REAS. seid applicatton hae complted with the requtrdnents of the "City of Palm Oesert Procedures to Implement the Celifornla Envi�orn�entel Quelity Act, Resolution No. 80-89", 1n that the director of camiunity development hes determined that the project is a class 1 catego�ical exenption fo� the purposes of CEQA. WHEREAS. at �aid pubtic hearing, upon heering and consldering all testtmony and arg�ments. if any, of all persons desiring to be heard, said C1ty Counctl did find the following facts and reasons as justifted in the staff report deted May 5. 1987 on file in the depertment of camiuntty development, to extst to approve the tentative tract map. a. That the proposed mep is consistent with appltcabie generai and specific plans. b. That the design or improvement of the proposed subdivlsion 1s consistent with applicable generel and specific plans. c. That the site 1s physicaily suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivlsio� or the proposed improvements are not likely to cause substantial environnental damage or substantielly and avoidabiy injure fish or Nildlife or thefr habitat. f. That the destgn of the subdtvision o� the type of improvanents is not likely to cause seriou� publlc health problems. RE90Ll1TI0N I�q: 87-67 g. That the desi�n of the subdivision or the type of improvements will not conflict with easements, acquired by the public at lar9e, for access through o� use of, property within the proposed subdiviston. � h. Thet the design of the subdivision wili not restrlct sola� access. MHEREAS, in the review of this tentetive trsct wep the City Council hea constde�ed the effect of the conten�plated action on the housln� needs of the �e�ion for purposes of balenctn9 these needs e�einst the public se�vice needs of the residents of the City of Paim De�ert and its enviro�s, with availeble fiscal and envlrorxnental �esources. NOM. THEREFORE, BE IF RESOLVED by the C1ty Council of the Ctty of Palm Desert. as follows: 1. Thst the above recitations are true and correct and conatitute the findln�s of the Council in this case. 2. Thet 1t does hereby epprove the ebove desc�ibed Tantative Mep No: 224�6 for the reasons set forth 1n this resolution end subject to the attached conditions. � PASSED, APPROVED and ADOPTED at a re9ula� meetin� of the Clty Cax�ctl of the C 1 ty of Pa 1 n� Desert , he 1 d on th i s�h dey of �1 , 1987 by the � fo I 1 a+t ng vote, to Nits AYES: BENSON, SNYDER, MILSON, AND KELLY ' NOES: NONE . , ABSENT: CRITES ABSTAINs NONE ATTEST: : �� �. ' , SHEIIA R. GI GAN, Cle /hs C � RICHARD S. KELLY, lbyor 2 AESOlUTION fq� 87-6T OOI�ITIOMS OF APPi�NAL CASE N0. TT 224�6 � - •.Y�...►► •� • . i h �_���- • • .-:u 1. The deve 1 opn�ent of the property descr i bed here 1 n she 11 be subJect to the restrictions end itn�itetions set forth herein whlch ere 1n additfon to all the requira�ents. limitattons and restrictions of all municipel o►�dinences and stete and federel statutes �ow in force, or whtch hereafter mey be In force. 2. The epplicant shell have twenty four (24) months f�am the dets of ths approva 1 or cond 1 t t one I epp�ova 1 of the tentat 1 ve mep for f 11 t rq of the finai nep unless an extenslon of time as pennitted by code 1� �ranted by p 1 ann i� com� i ss i on . : 3. All dedtceted land and/or easements required by this approval shali be granted to the C1ty of Pelm Desert, without cost to the city and free of all itens end encumbrances. 4. Prior to recordatlon of the ftnal subdiviston map, the applicant shall submtt to the clty engineer. e. the document to corwey title b. covenants and restrlcttons to be reco�ded c. managdnent and maintenance ayreement to be entered lnto with the owne�s of the units of the pro�ect. �_-; �!._ =u �� � i..� -,i � 1. That the plans specified in the building depertment memo dated Apr11 2, 1987 be submitted to the building department and approved by that depertment. 3