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HomeMy WebLinkAboutCC RES 96-14RESOLUTION NO. 96-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDED MAP REDUCING THE NUMBER OF HOMESITES FROM 48 TO 43 SURROUNDING THREE GOLF HOLES WITH A MODIFIED CIRCULATION PLAN. CASE NO. TT 27710 AMENDMENT #1 WHEREAS, the City Council of the City of Palm Desert,. California, did on the 8th day of February, 1996, hold a duly noticed public hearing to consider the request of LOWE RESERVE for the project described above; and WHEREAS, the Palm Desert Planning Commission on January 16, 1996, recommended approval of TT 27710 Amendment #1 by adoption of Planning Commission Resolution No. 1717, subject to conditions as amended; 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. 95-105," in that the Director of Community Development has determined that the project has been previously assessed; 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 City Council did find the following facts and reasons to exist to justify approval of 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 the 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. WHEREAS, in the review of this tentative tract map the City Council has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. RESOLUTION NO. 96-14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve the above described Tentative Tract Map No. 27710 Amendment #1, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th following vote, to wit:. AYES: BENSON, CRITES, SPIEGEL, SNYDER NOES: KELLY ABSENT: NONE ABSTAIN: NONE SHEILA LLIG City of Palm Des City Clerk t, California day of February , 1996, by the 2 WALTER H. SNYDER, Mayo RESOLUTION NO. 96-14 CONDITIONS OF APPROVAL CASE NO. TT 27710 AMENDMENT #1 1. An errant ball study, including a fairway deterrent, shall be prepared and approved by Palm Desert's planning department in addition to Indian Wells approval, prior to grading permit issuance. 2. Setbacks shall remain with 10 foot minimum sides, 20 foot front and rear. 3. All other conditions from original TT 27710 shall still apply to revision. 4. Applicant shall install a median break on Portola prior to issuance of a grading permit for the Palm Desert portion of the map. 5. If the Ironwood Homeowners Association No. 5 (HOA #5) experiences a future problem with errant golf balls, it may request a meeting with the developer. In such event, the developer and HOA #5 shall meet and confer in a good faith effort to resolve the problem. If the parties are unable to resolve the problem, either HOA #5 or the developer may request that the matter be considered by the City Council. Following such request, the matter shall first be referred to the Planning Department for review and staff report, and thereafter the City Council shall consider the matter at a regularly scheduled meeting and make recommendations regarding resolution of the problem. 6. Prior to grading permit issuance, the developer shall submit its golf club bylaws to the City Attorney. Such bylaws shall include appropriate provisions to establish a lateral hazard along the west side of the #4 fairway as more fully described in the errant ball study. Such provisions shall not be amended without the consent of Ironwood HOA #5. 3 Desert 73.510 FRED WAP.ING DRIVE, PALM DESERT, CAUFORNIA 92260 TELEPHONE (819) 346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27710 AMENDMENT #1, NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by LOWE RESERVE CORPORATION for an amended tentative tract map reducing the number of single family homesites from 46 to 43 surrounding three golf holes with a modified circulation plan on 55 acres east of Portola Avenue and south of Living Desert. APN 631-240-014, 631-260-027, 028 AND 029 po •[ IflM■ ln■s■e.ci: nl iiess■ ■uirierrrraaa 1O■� FiP\t ipil■ 01rW�r ra� / nw, i 4 zd -,.1 i.eirer ,, !klf ► * ill , I II! RNOOOR\ e44� v '■ v: i:-c.— • 0El Ili k■l/ L. 1 *� .� lit -men �!i IrIr 4i v iuiui 1; !,'ll er,ll"� 7 µu ji”!irm•1115, II F'J � Li owJ woos c lNmr ctus i SAID public hearing will be held on Thursday, February 8, 1996, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fren Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Infgrmation concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk January 24, 1996 City of Palm Desert, California