HomeMy WebLinkAboutRes No 2821 PLANNING COMMISSION RESOLUTION NO. 2821
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE A TENTATIVE TRACT MAP (TTM) SUBDIVIDING A 93.56-ACRE
PARCEL LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD
DRIVE AND REMBRANDT PARKWAY
CASE NO. TTM 38434
WHEREAS, Refuge Palm Desert LLC ("Applicant"), submitted a TTM application
within the Refuge Specific Plan ("Specific Plan") to subdivide 93.56 acres into parcels for
future condominiums, 339 single-family residential lots, public streets, private streets, and
open space ("Project"); and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood
(TCN) in the General Plan adopted November 10, 2016, and a zoning designation of Planning
Residential (PR-20); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, §
15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is
the lead agency for the Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
conducted an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was required;
and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA
Implementation Requirements, a Mitigated Negative Declaration (MND), SCH# 2022100013
(EA 22-0001), and an accompanying Mitigation Monitoring and Reporting Program (MMRP),
were prepared for the Project; and
WHEREAS, the Project is consistent with the development density and use
characteristics considered by the General Plan EIR, Specific Plan MND in the TCN land use
designation; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of October 2022, hold a duly noticed public hearing to consider the request by
the Applicant for approval of the above-noted Project request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2821
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Findings on Tentative Parcel Map. In recommending approval of this
Project, the Planning Commission, and under Palm Desert Municipal Code (PDMC) Section
26.20.100(C), shall deny approval of a tentative map if any of the following findings are made:
1. That the density of the proposed subdivision is not consistent with applicable general
and specific plans.
The map has been reviewed and found to be consistent with the density, lot
development standards, and land uses of the Specific Plan and the General Plan Land
Use Designation for Town Center Neighborhood. The TTM proposes to create 339
single-family residential lots within Planning Areas 2 and Planning Area 3. The number
of lots is consistent with the minimum allowable density for the Specific Plan. All
comply with the minimum requirements for lot sizes and dimensions established by
the Specific Plan. The TTM provides for a circulation of public streets and private
streets, which is consistent with the requirements of the Specific Plan. The tract
provides for a distribution of open space and private amenity areas, which is consistent
with the Specific Plan.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable
Specific Plan requirements for lot standards, the circulation, and distribution of land
uses. The dedications for public right-of-way are consistent with the applicable
circulation elements of the Specific Plan.
3. That the site is not physically suitable for the type of development.
The site is physically suitable for the mix of single-family and multi-family housing
development. The site has suitable access, grading, drainage, and zoning to allow the
development.
4. That the site is not physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density
for the site has been evaluated by the General Plan. The Applicant has prepared the
appropriate technical studies to assess that the site is physically suitable to develop.
The MND for the Specific Plan identify required mitigation.
2
PLANNING COMMISSION RESOLUTION NO. 2821
5. That the design of the subdivision or the improvements are likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat.
The design of the subdivision and improvements will not cause damage or
substantially injure wildlife habitat. The subject property is in an urbanized area of
Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site
is vacant and surrounded by residential development to the west and commercial
development to the east. A biological assessment of the site was prepared for the
Specific Plan and did not identify suitable habitats for wildlife that could be damaged
or affected as a result of the development of the Project. Ground-disturbing activities
for the development of the Project shall comply with the Migratory Bird Treaty Act, as
well as preparation of a burrowing owl survey prior to ground-disturbing activities, and
prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The
Project is not located within a hazardous area that would be subject to flooding,
liquefaction, landslide, fault zones, or other natural hazards. The Project does not
generate adverse effects that would cause public health problems. Ground-disturbing
activities are conditioned to prepare plans to control fugitive dust. The access locations
to the subdivision have been evaluated in accordance with the Specific Plan and will
not adversely affect public health.
SECTION 3. Project Recommendations. The Planning Commission hereby
recommends approval of TTM 38366 to the City Council, subject to the findings and
Conditions of Approval.
SECTION 4. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
3
PLANNING COMMISSION RESOLUTION NO. 2821
ADOPTED ON October 18, 2022.
NANCY DE LUN'A
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
4
PLANNING COMMISSION RESOLUTION NO. 2821
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2819 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the Planning Commission of the City of Palm Desert on October 18, 2022, by the
following vote:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: GREGORY
IN WITNESS WHEREOF, I have hereuntoVet my hand and affixed the official seal of the City
of Palm Desert, California, on October, 2022.
RI ARD D. CANNONE, AICP
SECRETARY
5
PLANNING COMMISSION RESOLUTION NO. 2821
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these project approvals for the Project, or the project approvals themselves,
the Developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and
hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the Developer's
approval of counsel, which shall not be unreasonably denied, and at the Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Developer and cooperate in the defense. The Developer, upon such notification, shall
deposit with City sufficient funds in the judgment of the City Finance Director to cover the
expense of defending such action without any offset or claim against said deposit to
assure that the City expends no City funds. If both Parties elect to defend, the Parties
hereby agree to affirmatively cooperate in defending said action and to execute a joint
defense and confidentiality agreement in order to share and protect the information under
the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third-party litigation of project approvals without the Developer's
consent, which consent shall not be unreasonably withheld, conditioned, or delayed
unless the Developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The TTM shall expire if recordation of the said Project is not completed within two (2)
years from the date of final approval unless an extension of time is granted by the Palm
Desert Planning Commission; otherwise, said approval shall become null, void, and of
no effect whatsoever.
5. The approved TTM shall only be modified with written City approval in accordance with
the requirements of the Specific Plan and Chapter 26.20 of the PDMC.
6
PLANNING COMMISSION RESOLUTION NO. 2821
6. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
7. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2821
for TTM 38434, and that the plans submitted are in compliance with the Conditions of
Approval. No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
8. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Building and Safety Division
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
9. The Applicant shall establish a homeowners' association (HOA). The HOA's
responsibility for maintenance shall include but is not limited to maintenance of private
amenity areas and open space, landscaping, stormwater retention, and related
infrastructure. The final maintenance plan shall include detailed text and illustrative
diagrams indicating areas of responsibility for maintenance and shall be subject to
approval by the Director of Development Services and City Engineer.
10. Prior to the recordation of the final map, the Applicant shall submit a final phasing plan,
which identifies the timing of roadway improvements and open space.
A. The phasing plan shall indicate that full segments Planning Area 5, shown as
Lot "D" shall be completed and fully landscaped prior to the occupancy of any
adjacent homes on Lots 1 through 46.
B. The central amenity area shown on Lot Q shall be completed prior to the
occupancy of the 200th unit within Planning Area 3.
11. The pad elevations of all lots shall be consistent with the approved preliminary grading
plan included with the project file. Adjustments which increase or decrease the pad
elevation by six inches (0'-6") or less shall be subject to review and approval by the
Director of Development Services and City Engineer.
A. Adjustments which increase the pad elevations by more than six (6) inches
shall require approval by the City Council.
7
PLANNING COMMISSION RESOLUTION NO. 2821
12. The Applicant shall construct the circulation network for Street "A" and Street "B" as
shown on the approved Specific Plan, prior to development within Planning Areas 2
and/or Planning Area 3.
13. All mitigation measures identified in the Specific Plan MND shall be incorporated into the
planning, design, development, and operation of the Project.
14. The Applicant shall record an easement for a secondary Fire Department emergency
access across Lot 340, which provides a connection between Street "A" and Street "B."
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
15. The following plans, studies, and exhibits are hereby referenced: Specific Plan, prepared
by MSA Consulting and dated August 2022; TTM 38434 and dated August 22, 2022;
Preliminary Grading, prepared by MSA Consulting, Inc. and dated August 17, 2022;
Preliminary Utility Plan, prepared by MSA Consulting, Inc. and dated June 2022;
Preliminary Hydrology Report, prepared by MSA Consulting, Inc. and dated August 18,
2022; and Preliminary Water Quality Management Plan, prepared by MSA Consulting,
Inc. and dated August 19, 2022.
16. The map shall comply with the State of California Subdivision Map Act and with the City
of PDMC Title 26, unless otherwise modified by the conditions listed herein.
17. It is assumed that easements shown on the preliminary grading exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site will be required to be submitted during technical plan
review. The Applicant shall secure approval from all, if any, easement holders for all
grading and improvements, which are proposed over the respective easement or provide
evidence that the easement has been relocated, quitclaimed, vacated, abandoned,
easement holder cannot be found, or is otherwise of no effect. Should such approvals or
alternate actions regarding the easements not be provided and approved by the City, the
Applicant may be required to amend or revise the proposed site configuration as may be
necessary.
18. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with appropriate
Qs, and that the omission or unacceptability may require that the Applicant amend or
revise the site plan as may be.
19. All private streets and common areas will be permitted as shown on the tentative exhibit,
subject to these Conditions of Approval and the Applicant providing adequate provisions,
by means of a homeowners' association (HOA) or another equivalent responsible
mechanism as approved by the City Engineer and City Attorney, for the continued and
perpetual maintenance of these streets, common areas, and on-site post-construction
Best Management Practices (BMPs) to the satisfaction of the City Engineer and City
Attorney.
8
PLANNING COMMISSION RESOLUTION NO. 2821
20. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first
building permit for the development in accordance with the City's Resolution No. 79-17
and 79-55.
21. The Applicant may choose to develop the tentative map in phases with the approval of
the City Engineer. Financial security shall be provided for all public improvements
associated with each phase of the map. The boundaries of any multiple map increment
shall be subject to the approval of the City Engineer. The City Engineer may require the
dedication and construction of necessary utility, street, or other improvements beyond
the project boundary, if the improvements are needed for circulation, parking, access, or
for the welfare or safety of the public. This approval must be obtained prior to the
Applicant submitting a Phasing Plan to the California Bureau of Real Estate.
22. If the developer chooses to construct the project in phases, a Construction Phasing Plan
for the construction of on-site public or private improvements shall be submitted for
review and approved by the City Engineer.
23. Prior to map approval, the Applicant shall pay all, appropriate drainage fee in accordance
with the City's Municipal Code Section 26.49 and Palm Desert Ordinance No. 653.
24. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance
with the City's Municipal Code Section 26.48.060.
25. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
26. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
27. Prior to approval of any implementing development project, planning area, parcel/tract
map within the Specific Plan area, a development specific traffic letter shall be submitted
to the City. The letter shall address consistency with the approved Specific Plan Traffic
Impact Analysis assumptions. If it is determined that the proposed development is
inconsistent with the approved report, the Applicant shall file an amendment to the
approved traffic report describing the impacts of any proposed changes.
28. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the
approved Conceptual Grading Plan, the California Building Code, PDMC Title 27
Grading, and all other relevant laws, rules, and regulations governing grading in the City
of Palm Desert.
29. The grading plan shall provide for acceptance and proper disposal of all off-site drainage
flowing onto or through the site. Should the quantities exceed the street capacity, the
Applicant shall provide adequate drainage facilities and/or appropriate easements as
approved by the City Engineer.
9
PLANNING COMMISSION RESOLUTION NO. 2821
30. Pad elevations, as shown on the conceptual exhibit, are subject to review and
modification per Chapter 27 of the PDMC.
31. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood
hazard/hydrology and hydraulics report for approval of the City Engineer. The report shall
encompass the entire area of the subdivision and comply with all relevant laws, rules,
and regulations governing the City of Palm Desert. Development specific
recommendations for sizing of drainage facilities, systems, and conveyance systems
shall be included for the proposed development of Planning Areas (PA) 3, 4, and 5.
32. All drainage and storm drain improvements shall be designed per PDMC Title 24,
Riverside County Flood Control and Water Conservation District's standards for the
Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules,
and regulations governing grading in the City of Palm Desert.
33. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with
evidence that a Notice of Intent (NOI) has been filed with the State Water Resources
Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State
Water Resources Control Board or the Regional Water Quality Control Board, or a letter
from either agency stating that the NOI has been filed.
34. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application
for review and approval. The Applicant shall comply with all provisions of PDMC Section
24.12 regarding Fugitive Dust Control.
35. Prior to issuance of grading permit, the Applicant shall submit a Storm Water Pollution
Prevention Plan (SWPPP) for review and approval of the Land Development department.
36. Where grading involves import or export, the Applicant shall obtain permits from the
Public Works Department, including import/export quantities and hauling route.
37. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any
and all proposed or required easements and/or permissions necessary to perform the
grading shown on the grading plan exhibit. Proof shall be provided to the Land
Development Division prior to issuance of grading permit.
38. It is assumed that the grading and the provisions for water quality management shown
on the conceptual grading exhibit can comply with all requirements for a Final Water
Quality Management Plan (F-WQMP), without substantial change from that shown. Prior
to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause
to be prepared, a Final WQMP in conformance with the requirements of the Riverside
County Flood Control and Water Conservation District (RCFC&WCD) Whitewater River
Watershed area for approval of the City Engineer.
39. All post-construction BMPs shall be designed based on the City of Palm Desert's
maximum infiltration criteria of one (1) inch/hour.
10
PLANNING COMMISSION RESOLUTION NO. 2821
40. Prior to the issuance of a grading permit, the Applicant shall submit a signed and
notarized WQMP Operations and Maintenance Agreement to the City. The agreement
shall provide for the maintenance and operation of open space areas, common spaces
such as parking lot and recreational facilities, trash disposal for common areas, and water
quality BMP facilities, by either the property owners' association or the owners of each
individual lot or unit as tenants in common.
41. Prior to issuance of grading permit and in compliance with the City of PDMC Chapter
27.24, the Applicant shall enter into an agreement and post financial security guarantee
for all grading work related to this Project.
42. Prior to issuance of grading permit for each Precise Plan, the Applicant shall submit for
review and approval of the City Engineer a final Geotechnical Report that includes project
specific recommendations.
43. Prior to the start of grading activities, the Applicant shall install all erosion and dust control
mechanisms for the site as approved by the City.
44. Upon completion of grading of each Precise Plan, the Project's Geotechnical Engineer
shall certify to the completion of grading in conformance with the approved grading plans
and the recommendations of the geotechnical report approved for this Project. A licensed
land surveyor shall certify to the completion of grading in conformance with the lines and
grades shown on the approved grading plans.
45. Prior to map recordation, the Applicant shall submit improvement plans for all public
streets and improvements. The following streets have been identified as future public
streets during the review process: Street "A," Street "B," Street "C," Street "D," Street "E,"
Street "F," Street "G," Street "H," Street "I," Street "J," Street "K," Street "L," and Street
"M." All streets identified as alleys on the tentative exhibit shall be private.
46. Final map shall show corner cutback dedication at all corner lots and public street
intersections. Dedication at corner lots shall be adequate to accommodate all public
infrastructure within the public street, including ADA compliant curb ramps.
47. Prior to the map recordation, the Applicant shall provide full-scale signing and striping
improvement plans for all public streets as a separate set of plans from street
improvement plans for review and approval by the City Engineer. Signing and striping
plans shall show existing improvements and modifications including, but not limited to,
bike lanes, roundabout(s), travel lanes, pavement markings, turning arrows, etc.
48. Prior to a building permit for the first developed phase/parcel/planning area, the Applicant
shall pay the corresponding fair share contribution for the traffic signal at Gerald Ford
Drive and Rembrandt Way/Vitalia Way intersection.
49. The final map may not be approved until the required improvements, as identified on
these Conditions of Approval, have been satisfactorily constructed and approved by the
City Engineer; or until an adequate security has been posted with the City, in accordance
with PDMC Title 26. If construction is not completed prior to map recordation, the
11
PLANNING COMMISSION RESOLUTION NO. 2821
Applicant shall enter into a subdivision improvement agreement and post financial
securities with the City for the required public improvements prior to map approval. The
form and amount of the financial security shall be reviewed and approved by the City and
be in compliance with PDMC Sections 26.28.030 and 26.28.040.
50. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of improvements on Gerald Ford Drive
in compliance with the Specific Plan. Improvements generally include, but not limited to:
Street improvements, including meandering sidewalk, curb and gutter, and landscape
and irrigation improvements along the Specific Plan boundary and transitioning to
existing improvements to the east and west of the site.
A. A Class II bicycle lane in accordance with Coachella Valley Association of
Governments Active Transportation Planning (CVAG ATP) Design Guidelines
Section 5.3.
B. Geometries and improvements identified in Condition No. 51 of these Conditions
of Approval.
C. The Applicant shall show, as reference only, all existing and proposed utility
connections. Utility plans shall be processed and approved by CVWD.
51. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of Gerald Ford Drive/Vitalia Way
intersection improvements in compliance with the Specific Plan. Improvements generally
include, but are not limited to:
A. ADA compliant curb ramps.
B. Prior to final map approval, the Applicant shall submit a detailed fair share
contribution analysis towards the intersection signalization.
C. Install geometries to provide:
1. Northbound: one LT/TH lane, one (125 ft) RT lane
2. Southbound: one shared LT/TH/RT lane
3. Eastbound: one LT lane, two TH lanes, one (150 ft) RT lane
4. Westbound: one (150 ft) LT lane, three TH lanes, one RT lane
D. Applicant to pay for full cost of intersection and roadway improvements, excluding
traffic signal.
E. In addition, Applicant shall contribute a fair share for intersection signalization in
an amount and from approved by the City Engineer and as identified on an
approved fair share analysis.
F. Design for traffic signal shall consider interconnect to adjacent signals on Gerald
Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of
the design and construction cost estimates.
52. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of improvements on Vitalia Way south
of Gerald Ford Drive transitioning to proposed Street "A" in compliance with the Specific
Plan. Improvements generally include but are not limited to:
12
PLANNING COMMISSION RESOLUTION NO. 2821
A. ADA compliant curb ramps at driveway crossings and PA 1 of Specific Plan access
points.
B. Widening of Street "A" to a 44-foot roadway, providing landscape and sidewalk
along both sides of the street.
C. Install/modify street section to provide for 44-foot roadway with the following
geometries:
1. Northbound: one lane
2. Southbound: one lane
D. In addition, the design shall include shared bicycle and golf cart lanes between
Gerald Ford Drive and the Project's southerly boundary.
53. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of Street "A"/Julie Drive intersection
improvements in compliance with the Specific Plan Traffic Report recommendations.
A. Applicant will be responsible for providing adequate right-of-way on the final map
to accommodate all public infrastructure within the public right-of-way. Applicant
will be the sole responsible party for any right-of-way acquisition, if any, that may
be required in order to satisfy this Condition of Approval.
B. Install intersection improvements:
1. Roundabout per Federal Highway Administration (FHWA) guidelines, including
enhanced central island and accessible pedestrian crossing.
2. Modify existing westerly terminus of Julie Drive to join with required roundabout
improvements.
3. Sidewalk facilities shall be provided surrounding the roundabout.
4. Landscape improvements within public right-of-way will not be required along
the south side of the circulatory roadway.
54. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of Julie Drive/Portola Road intersection
improvements in compliance with the Specific Plan traffic report recommendations.
A. Install geometries to provide:
1. Northbound: one LT, three TH lanes, one RT lane
2. Southbound: one LT, two TH lanes, one shared TH/RT lane
3. Eastbound: one LT lane, one shared TH/RT
4. Westbound: one LT lane, one TH lane, one FIT lane
55. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of improvements on interior public
streets. Improvements generally include, but not limited to: Street improvements shall be
provided on both sides of the streets unless otherwise specified on these Conditions of
13
PLANNING COMMISSION RESOLUTION NO. 2821
Approval. Improvements shall include curb and gutter, and landscape and irrigation
improvements, and landscape buffered sidewalks along roadways.
A. All signing and striping within public streets shall follow MUTCD standards.
B. Street "C" west of Lot "Q" between Street "J" and Street "I" shall be a one-way
street with northbound direction. Parallel parking will be allowed along the westerly
side of the road.
C. Street"C"east of Lot"Q" between Street"J"and Street"I" shall be a one-way street
with southbound direction. Parallel parking will be allowed along the easterly side
of the road.
56. Prior to map recordation, unless securities are posted per Condition No. 49, the Applicant
is responsible for the construction and installation of proposed Street "B" and proposed
Street "C" intersection improvements in compliance with the Specific Plan Traffic Report
recommendations.
A. Applicant shall provide roundabout per Federal Highway Administration
(FHWA) guidelines, including enhanced central island and accessible
pedestrian crossing.
B. Applicant is responsible for design and construction of all improvements at this
intersection.
57. Prior to issuance of encroachment permit for public improvements and/or map
recordation, whichever comes first, the Applicant shall enter into an agreement and post
financial security guarantee for the construction of all off-site/public improvements in
accordance with Chapter 27.24 of the PDMC. The form and amount of the financial
security shall be reviewed and approved by the City Engineer. The Applicant shall
guarantee all improvements for a period of one (1) year from the date of final acceptance
and the improvement guarantee shall be backed by a bond or cash deposit in the amount
of ten percent of the surety posted for the improvements.
58. Prior to the map recordation, the Applicant shall submit grading and improvement plans
for all private improvements and common areas for review and approval of the City
Engineer.
A. Signing and striping shall be part of the plans and shall include stop signs and stop
bars for vehicles exiting the amenities area parking lot.
B. All private improvements shall be kept within private property. Non-standard
encroachments into proposed public right-of-way will not be permitted, unless
clearly identified on these Conditions of Approval.
59. Prior to map recordation, the Applicant shall enter into an agreement with the City for the
reimbursement of cost associated with the design and signalization of Gerald Ford Drive
and Rembrandt Way/Vitalia Way intersection. The form and amount shall be approved
by the City Attorney and the City Engineer and shall be based on the fair share analysis
submitted by the Applicant and approved by the City Engineer.
14
PLANNING COMMISSION RESOLUTION NO. 2821
60. Prior to approval of the improvement plans, the Applicant shall provide a full-scale signing
and striping improvement plan for Gerald Ford Drive, Street "A," and Julie Drive as a
separate set of plans from street improvement plans for review and approval of the City
Engineer. Signing and striping plans shall show existing improvements and modifications
including, but not limited to, bike lanes, median break(s), travel lanes, pavement
markings, turning arrows, etc.
61. Prior to a building permit for the first developed phase, proposed Street "A" and Street
"B" shall be in constructed and accessible. Recommendations of the traffic report may
be phased as approved by the City Engineer, but in no case shall defer installation or
payment of fair share for traffic signal at Gerald Ford beyond the first developed phase.
62. Prior to a building final inspection, the Applicant is responsible for the completion of
construction of all grading and improvements for which plans are required.
63. Prior to final building permit inspection or certificate of occupancy, the Applicant is
responsible for the completion of all public improvements within the corresponding
development phase.
64. Prior to City acceptance of all public streets, the Applicant shall have completed all
building and construction activities related to each construction phase. Street capping
shall be performed after the last Certificate of Occupancy is released.
65. Prior to bond release, punch list work for improvements and capping of streets for each
construction phase shall be completed and approved for acceptance by the City
Engineer.
END OF CONDITIONS OF APPROVAL
15