HomeMy WebLinkAboutRes No 2841 PLANNING COMMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REVISION OF TENTATIVE TRACT
MAP 38434 TO MODIFY THE LAYOUT TO ACCOMMODATE A 332 SINGLE-
FAMILY HOME RESIDENTIAL DEVELOPMENT ON A 93.56-ACRE
PROJECT SITE SOUTH OF GERALD FORD DRIVE AND WEST OF
PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN AREA (APNS:
694-310-009 & 694-310-011)
CASE NOS. TTM 38434 REVISION NO. 1 (TTM23-0002)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 171h day
of November 2022, adopt Resolution No. 2022-93, adopting a Mitigated Negative Declaration
(MND) of Environmental Impact pursuant to the California Environmental Quality Act (CEQA),
and approving the Refuge Specific Plan; and
WHEREAS, the City Council of the City of Palm Desert, did on the 17th day of
November 2022, hold a duly noticed public hearing and adopt City Council Resolution No.
2022-94 to approve Tentative Tract Map (TTM) 38434 to subdivide 93.56 acres into individual
parcels, including one (1) lot for condominium purposes, 339 single-family residential lots,
and lots for public streets, private streets, and open space areas within the Refuge Specific
Plan ("Specific Plan"); and
WHEREAS, Pulte Homes ("Applicant"), submitted a TTM Revision application to
revise Tentative Tract Map 38434 to subdivide 93.56 acres into individual parcels, including
one (1) lot for condominium purposes, 332 single-family residential lots, and lots for public
streets, private streets, and open space areas ("Project") within the Specific Plan; and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood
(TCN) in the General Plan adopted on November 10, 2016, and zoning designation of Refuge
Specific Plan adopted on November 17, 2022; and
WHEREAS, the Project can be found consistent with the previously adopted Mitigated
Negative Declaration of Environmental Impact pursuant to the California Environmental
Quality Act (CEQA) and corresponding Mitigation Monitoring Report Program, adopted via
Council Resolution No. 2022-93; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of September 2023, hold a duly noticed public hearing to consider the request by
the Applicant for a revision to TTM 38434; 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; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
PLANNING COMMISSION RESOLUTION NO. 2841
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 Tract Map. Under PDMC Section 26.20.100(C), the
findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The map has been 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 the Town Center Neighborhood. The TTM creates 332 single-
family residential lots within Planning Areas 2 and 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 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 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 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 identifies required mitigation.
5. That the design of the subdivision or the improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
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PLANNING COMMISSION RESOLUTION NO. 2841
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 not 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, landslides, 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 Approval. The Planning Commission approval for a revision to
Tentative Tract Map 38434, subject to the Conditions of Approval attached hereto as Exhibit
"A" annuls the prior map approval under Resolution No. 2022-94.
ADOPTED ON September 5, 2023
loe adotto(Sep
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RI HARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2841
I Richard D. Cannone AICP Secrets f Secretary o the City of Palm Desert, hereby certify that
Resolution No. 2841 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 September 5, 2023, by
the following vote:
AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DE LUNA and GREGORY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on September�,r�023.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2841
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM 38434 REVISION NO. 1
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 date of the original approval (November 17, 2022) 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. Expiration date of this map is November
17, 2024.
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 Palm Desert Municipal
Code (PDMC).
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PLANNING COMMISSION RESOLUTION NO. 2841
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. 2841
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 o h t the 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)
Fire Department
Building and Safety Division
Public Works Department
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 approval 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 of Planning Area 5, shown as
Lot "K" shall be completed and fully landscaped prior to the occupancy of any
adjacent homes on Lots 1 through 46.
B. The entire amenity area shown on Lot O 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 in the project file. Adjustments that 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. Any change to a pad elevation shall require
an adjustment to the grading and drainage plan for consistency.
A. Adjustments that increase the approved pad elevations on Lots 1-46 by more than
six (6) inches shall require approval by the Planning Commission. Exhibit B,
attached to this resolution, provides the approved plan elevations for these lots,
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PLANNING COMMISSION RESOLUTION NO. 2841
per the preliminary grading and drainage exhibit drafted by MSA Consulting, dated
August 17, 2023.
B. Adjustments that increase the pad elevations by more than six (6) inches on all
other lots must be reviewed by the City Engineer and approved through the
Director of Development Services. The Director of Development Services may
refer the request to Planning Commission for approval.
12. The Applicant shall construct the circulation network for Street "A" and Street "B" as
shown on the approved Specific Plan prior to any development within Planning Area 2
and/or Planning Area 3.
13. All mitigation measures identified in the Specific Plan Mitigated Negative Declaration
(SCH# 2022100013) and the accompanying Mitigation Monitoring and Reporting
Program (MMRP), shall be incorporated into the planning, design, development, and
operation of the Project.
14. At recordation of the final map, the Applicant shall record an easement for a secondary
Fire Department emergency access across Lot 333, 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 25, 2023;
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 the 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.
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PLANNING COMMISSION RESOLUTION NO. 2841
19. All 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 common areas, and on-site post-construction Best Management
Practices (BMPs) to the satisfaction of the City Engineer and City Attorney.
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 Refuge 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 precise grading plan approval, the Applicant shall provide a Pedestrian
Accessibility Route Plan that labels and indicates the path location and conceptual design
of the following structures and facilities:
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PLANNING COMMISSION RESOLUTION NO. 2841
A. Sidewalks and walks (public right of way sidewalk, walks within the development.
B. Directional curb ramps.
C. Vehicular crossings (at driveways) shall meet state and federal requirements.
The Pedestrian Accessibility Route Plan shall clearly indicate structures that are proposed
with the development and future per other phases and/or site plans. Pedestrian facilities
(privately or publicly owned) that are open to the public shall comply with accessibility
standards in the California Building Code (current) and Americans with Disability Act
(ADA) regulations.
29. Public improvements, constructed as part of the requirements for this project, that are
non-compliant with the accessibility standards in effect at the time of construction or
alteration, shall be brought up to current accessibility standards. This work shall be
incorporated into the scope of this project and shall be completed prior to acceptance by
the City. Improvements that are compliant with the accessibility standards in effect at the
time of construction, shall be documented on a separate construction plan with detailed
specifications (running and cross slopes of all pedestrian walking surfaces, locations and
dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width,
and vertical clearance from obstructions). The accessibility of existing improvements will
be verified by City inspection staff upon completion of the project. Discrepancies between
documented existing conditions and existing conditions as measured by City staff shall
be remedied and brought up to accessibility standards as part of the Project.
30. 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.
31.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.
32. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification
per Chapter 27 of the PDMC.
33. 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 all
areas within the subdivision.
34. 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
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PLANNING COMMISSION RESOLUTION NO. 2841
regulations governing grading in the City of Palm Desert.
35. 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. More detailed information regarding
this General Permit, applicable fee information and the necessary forms to complete the
NOI are available by calling (916) 341-5537 or on the SWRCB web site at: Construction
Stormwater General Permits I California State Water Resources Control Board.
https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.htm1
36. 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.
37. 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.
38.Where grading involves import or export, the Applicant shall obtain permits from the Public
Works Department, including import/export quantities and hauling route.
39. 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.
40. 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.
41. All post-construction BMPs shall be designed based on the City of Palm Desert's
maximum infiltration criteria of one (1) inch/hour.
42. 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.
43.The Applicant's Civil Engineer shall field verify that all BMPs are designed, constructed,
and functional in accordance with the approved WQMP. BMPs shall be inspected and
signed-off by the City Public Works/CIP inspector. Coordinate inspection with staff and
submit a completed verification form for review and approval. This condition will be at the
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PLANNING COMMISSION RESOLUTION NO. 2841
discretion of the City Engineer.
44. Prior to the 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.
45. Prior to the 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.
46. 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.
47. 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.
48. Prior to map recordation, the Applicant shall submit improvement plans for all public
streets and improvements.
A. Dedication of street on the final map shall be for public right-of-way purposes
inclusive of street, drainage, and utility installation.
B. The following streets have been identified as future public streets during the review
process and are identified in the referenced tentative map exhibit:
Portion/Extension of Julie Drive, Street "A", Street "B", Street "C", Street"D", Street
"E", Street "F", Street "G", Street "H", Street "I", Street "J", Street "K", Street "L",
Street "M", Street "N", Street "O", Street "P", Street "Q", and Street "R".
49. Final map shall show, as part of the Owner's Statement, retention of open space lots
identified in the referenced tentative map exhibit. The following lots were identified as to
be retained by ownership: Lot A through Lot O inclusive.
A. Any changes to the ownership of the lots will require approval by the City Engineer
and the Director of Public Works.
B. Maintenance responsibilities for private common spaces and lots retained on the
map shall be clearly detailed on the CC&Rs for the subdivision.
50. 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.
51. 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.
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PLANNING COMMISSION RESOLUTION NO. 2841
52. Prior to final map approval, the Applicant shall pay a fair share contribution equivalent to
42.9% of the design and construction cost for the signalization of Gerald Ford Drive and
Rembrandt Way/Vitalia Way intersection.
53. 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 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.
54. Prior to map recordation, unless corresponding securities are posted per Condition No.
53, the Applicant is responsible for the construction and installation of improvements on
Gerald Ford Drive in compliance with the Refuge Specific Plan. Improvements generally
include, but not limited to:
A. If not in place or constructed by others prior to the proposed map recordation:
Street improvements, including meandering sidewalk, curb and gutter, and
landscape and irrigation improvements along the Refuge Specific Plan boundary
and transitioning to existing improvements to the east and west of the site.
B. A Class II bicycle lane in accordance with Coachella Valley Association of
Governments Active Transportation Planning (CVAG ATP) Design Guidelines
Section 5.3.
C. Improvements identified in these Conditions of Approval for public streets.
D. The Applicant shall show, as reference only, all existing and proposed utility
connections. Utility plans shall be processed and approved by CVWD.
55. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant
is responsible for the construction and installation of Gerald Ford Drive/Rembrandt
Parkway intersection improvements in compliance with the traffic report prepared for
Refuge Specific Plan and approved by the City. Improvements generally include, but are
not limited to:
A. ADA compliant curb ramps.
B. Installation of intersection improvements to provide:
i. Northbound: one LT/TH lane, one (125 ft) RT lane
ii. Southbound: one shared LT/TH/RT lane
iii. Eastbound: one LT lane, two TH lanes, one (150 ft) RT lane
iv. Westbound: one (150 ft) LT lane, three TH lanes, one RT lane
v. Signalized intersection
C. Applicant to pay for full cost of intersection and roadway improvements, excluding
traffic signal.
D. In addition, Applicant shall contribute a 42.9% of the total design and construction
cost for intersection signalization and improvements. The amount shall be per the
City's approved cost estimate and a form approved by the City Engineer.
E. Design for traffic signal shall consider interconnect to adjacent signals on Gerald
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PLANNING COMMISSION RESOLUTION O. 2841
Ford Drive at Portola Avenue and at Gateway Drive shall be included as part of
the design and construction cost estimates.
56. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant
is responsible for the construction and installation of improvements on Street "A" south of
Gerald Ford Drive transitioning to proposed Street "A" in compliance with the Refuge
Specific Plan and as identified in the traffic study. Improvements generally include but are
not limited to:
A. ADA compliant curb ramps at driveway crossings.
B. Widening of Street "A" to a 44-foot roadway, north of the subdivision boundary to
Gerald Ford Drive, providing landscape and sidewalk along both sides of the
street. Street section shall provide for 44-foot roadway with the following
geometries:
i. Northbound: one lane
ii. Southbound: one lane
C. In addition, the design shall include shared bicycle and golf cart lanes between
Gerald Ford Drive and the extension of Julie Lane.
57. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant
is responsible for the construction and installation of Street "A"/Julie Lane 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:
i. Roundabout per California Highway Design Manual (CA HDM) and Federal
Highway Administration (FHWA) guidelines, including enhanced central
island and accessible pedestrian crossing.
ii. Modify existing westerly terminus of Julie Lane to join with required
roundabout improvements.
iii. Sidewalk facilities shall be provided surrounding the roundabout.
iv. Landscape improvements within public right-of-way will be required
surrounding the roundabout.
58. Prior to map recordation, unless securities are posted per Condition No. 53 or the
improvements are found by the City Engineer to no longer be required, the Applicant is
responsible for the construction and installation of Julie Lane/Portola Road intersection
improvements in compliance with the Specific Plan traffic report recommendations.
A. Install geometries to provide:
i. Northbound: one LT, three TH lanes, one RT lane
ii. Southbound: one LT, two TH lanes, one shared TH/RT lane
iii. Eastbound: one LT lane, one shared TH/RT
iv. Westbound: one LT lane, one TH lane, one RT lane
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PLANN
ING COMMISSION RESOLUTION NO. 2841
59. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant
is responsible for the construction and installation of improvements of Street "B", the
westerly extension of existing Julie Lane. Improvements shall be provided on both sides
of the street and generally include, but not limited to: curb and gutter, landscape and
irrigation improvements, landscape buffered sidewalks along roadways.
A. Proposed Street "B" shall extend and connect to proposed Street "F" as generally
shown on the tentative map exhibit. Connection and roadway alignment shall be
reviewed and approved by the City Engineer.
B. All signing and striping shall follow California MUTCD standards.
C. Proposed Street"B" and future condominium development parcel intersection shall
be designed to include a mini roundabout per CA HDM and FHWA guidelines or
as a three-legged intersection (T-intersection). Final design shall be reviewed and
approved by the City Engineer.
60. Prior to map recordation, unless securities are posted per Condition No. 53, the Applicant
is responsible for the construction and installation of improvements on proposed local
streets. Improvements shall be provided on both sides of the streets unless otherwise
specified on these conditions of approval and generally include, but not limited to: curb
and gutter, and landscape and irrigation improvements, and landscape buffered sidewalks
along roadways.
A. All signing and striping shall follow California MUTCD standards and be submitted
as a separate set of plans for review and approval of the City Engineer.
B. Parking along 36-foot-wide interior streets shall be limited to one side of the street
only.
C. Horizontal curves shall be designed per Highway Design Manual and shall provide
adequate roadway expansion (widening) to safe vehicle circulation and
movements.
D. Street design shall incorporate a roundabout per CA HDM and FHWA guidelines
at the intersection of proposed Street "C" and Street "G".
E. Streets design shall incorporate mini roundabouts per CA HDM and FHWA
guidelines at the intersection of proposed Street "G" and Street "J," as generally
shown on the referenced tentative map exhibit. Final design shall be reviewed and
approved by the City Engineer.
61. 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.
62. 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.
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PLANNING COMMISSION RESOLUTION NO. 2841
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.
63. Prior to approval of the improvement plans, the Applicant shall provide a full-scale signing
and striping improvement plan for all public streets 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.
64. Prior to a building permit for the first developed phase, proposed Street "A", Julie Lane,
and Street "A"/Julie Lane intersection improvements 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.
65. 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.
66. 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.
67. 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.
68. 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.
FIRE DEPARTMENT:
69. Fire Hydrants and Fire Flow: The water system shall be capable of delivering the required
fire flow. Prior to PP (plot plan) approval, information shall be provided to the Office of
the Fire Marshal regarding the building's occupancy type, construction type, building
area, and whether the buildings will be protected with fire sprinklers.
70. Fire Department Access: Access roads shall extend to within 150 feet of all portions of
the exterior building walls and shall have an unobstructed width of not less than 24 feet.
Fire access driveways with a dead-end exceeding 150 feet in length shall be provided
with an approved space to turn around the fire apparatus. The access roads shall be
capable of sustaining 60,000 lbs. over two axles and 75,000 Ibs over three axles in all-
weather conditions. Approved vehicle access, either permanent or temporary, shall be
provided during construction. CFC 503.1.1, 3310.1 and 503.2.1
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PLANNING COMMISSION RESOLUTION NO. 2841
71. Requests for installation of traffic calming designs/devices on fire apparatus access
roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC
503.4.1.
72. Phased Construction Access: If construction is phased, each phase shall provide
approved access for fire protection prior to any construction.
73. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger shall be
protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm
Desert.
74. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-
family dwellings per the California Residential Code (CRC). Plans must be submitted to
the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC
313.2.
75. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an
accessible location approved by the Office of the Fire Marshal. Manual gates shall be
equipped with approved Knox equipment. Electric gates shall be provided with Knox key
switches. Electric gate operators shall also be connected to a remote signal receiver
compatible for use with the preemption devices on the Riverside County fire apparatus.
The gate shall automatically open upon receiving a remote signal from the fire apparatus.
Ref. CFC 506.1.
76. Addressing: All residential dwellings and commercial buildings shall display street
numbers in a prominent location on the street side of the premises and additional
locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal
Standard #07-01.
77. The proposed Project may have a cumulative adverse impact on the Fire Department's
ability to provide an acceptable level of service. These impacts include an increased
number of emergency and public service calls due to the increased presence of
structures, r u es, traffic, and population. The Protect proponents/developers will be expected to
provide for a proportional mitigation of these impacts via capital improvements and/or
impact fees.
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PLANNING COMMISSION RESOLUTION NO. 2841
EXHIBIT B
APPROVED PAD ELEVATIONS FOR LOTS 1-46
Lot Approved Pad Elevation
Number (NAVD 88)
1 294.4
2 294.2
3 293.9
4 293.7
5 293.4
6 294.0
7 293.8
8 293.6
9 294.1
10 294.3
11 294.5
12 294.8
13 295.0
14 295.3
15 295.5
16 295.8
17 296.0
18 296.2
19 296.5
20 297.0
21 297.2
22 297.5
23 297.7
24 297.9
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PLANNING COMMISSION RESOLUTION NO. 2841
5 298.2
26 298.4
27 298.7
28 298.9
29 299.1
30 299.3
31 299.7
32 299.9
33 300.1
34 300.4
35 300.6
36 300.8
37 301.1
38 301.5
39 301.8
40 302.0
41 302.3
42 302.5
43 302.7
44 303.0
45 303.2
46 304.0
END OF CONDITIONS OF APPROVAL
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