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HomeMy WebLinkAboutCC RES 07-39RESOLUTION NO. 07-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A PLANNING COMMISSION DECISION APPROVING AN AMENDMENT TO ADJUST PAD HEIGHTS BY MORE THAN 6 INCHES FOR A 141 RESIDENTIAL LOT TENTATIVE TRACT MAP LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE EAST OF FUTURE PACIFIC AVENUE, 36-200 PACIFIC AVENUE. CASE NO: TT 34057 AMENDMENT 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, approved a request by PALM DESERT FUNDING COMPANY, LP by adoption of its Resolution No. 2444; and WHEREAS, a timely appealed was received and a public hearing was scheduled for the 14th of June, 2007, on the above noted matter; 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. 06-78, in that the Director of Community Development has determined that this project has been previously addressed and no further environmental review is necessary for the purposes of CEQA; 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 reaffirm the Planning Commission approval of the said request: TENTATIVE TRACT MAP FINDINGS 1. The proposed tentative map is consistent with the goals and objectives of the City of Palm Desert's General Plan and approved University Park Master Plan. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance. 3. The site is physically suitable for the type of development in that the site is a vacant property that will be graded to accommodate future development and provide for adequate drainage and flood control systems. The proposed amendment will improve the current engineering design providing a more level grade for the 141 residential lots. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access RESOLUTION NO. 07-39 through or use of, property in that the site has been approved by the city for residential development. 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 the City Council does hereby reaffirm the Planning Commissions decision approving Case No. TT34057 Amendment 1, subject to conditions attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of June, 2007, by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE /} ATTEST: RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California c?-14A CHARD S . KEi,LY , MAYOR }01)1- 2A440-01v 2 RESOLUTION NO. 07-39 CONDITIONS OF APPROVAL CASE NO. TT 34057 Amendment 1 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of said project shall commence within two (2) years from the date of final approval unless an extension of time is granted, otherwise said approval shall become null, void and of no effect whatsoever. 3. All conditions from Tentative Tract Map 34057 shall apply to the amended map. // 3