HomeMy WebLinkAboutRes No 2843 PLANNING COMMISSION RESOLUTION NO. 2843
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) AND APPROVING A TENTATIVE PARCEL MAP, CONDITIONAL
USE PERMIT, AND PRECISE PLAN TO DEVELOP TWO (2) CONDOMINIUM
UNITS TOTALING 2,290 SQUARE FEET EACH NEAR THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE (ASSESSOR'S
PARCEL NUMBER 640-122-009)
CASE NOS. TPM/CUP/PP 23-0007
WHEREAS, San Luis, LLC ("Applicant"), on behalf of the City of Palm Desert,
submitted applications for an Environmental Assessment (EA), Tentative Parcel Map (TPM),
Conditional Use Permit (CUP), and Precise Plan (PP) for two single-story condominium units
totaling 2,290 square feet ("Project") located on a 0.31-acre Project site near the southeast
corner of Fred Waring Drive and San Luis Drive; and
WHEREAS, the Project site has a land use designation of Small Town Neighborhood
in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation
of Mixed Residential (R-2); 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, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 81h day of August 2023, approve a design review for the Project, subject
to conditions that have been incorporated into the Project plans and as conditions of approval
in this Resolution; 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, the City of Palm Desert Development Services Department
has determined that the Project will not have a significant impact on the environment and that
the Project is categorically exempt under Article 19, Section 15332 Infill Development (Class
32) of the CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 51h day of September 2023, hold a duly noticed public hearing to consider the request by
the Applicant for approval of the above-noted Project request; 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. 2843
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), the following findings are required before granting a TPM:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The Project meets the density requirements of the Mixed Residential (R-2) zoning
designation and the Small Town Neighborhood General Plan land use designation.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general pan.
The proposed use complies and is consistent with the site's General Plan land use
designation of Small Town Neighborhood. The Project will provide a residential
use that mixes the surrounding residential neighborhood and provides a diverse
housing type. The following General Plan Policies are achieved with this Project:
Land Use Policy 3. 1 — The Project adds to a complete neighborhood by providing
a diverse housing type and diverse architectural style to the neighborhood,
meanwhile incorporating a design that is family-friendly and promotes multimodal
accessibility.
Land Use Policy 3.4 — The Project adds to a more balanced neighborhood, as it
brings a range of housing that can accommodate different ages and incomes for
sale.
Land Use Policy 3. 16— This property provides a neighborhood transition between
General Plan Land Use designations. This property is within the Small Town
Neighborhood and neighbors the Town Center Neighborhood designation and
provides an appropriate transition in scale, building type, and density between the
designations.
3. That the site is not physically suitable for the type of development.
The Project meets the density requirements of the Mixed Residential (R-2) zoning
designation and the Small Town Neighborhood General Plan land use designation.
The Project Site is appropriate for a two-unit condominium project. The proposed
Project is within the R-2 zoning, surrounded by both residential and non-residential
uses. The design of the Project is such that the driveways are in a reasonable
location, meeting all standards for access and providing adequate on-site parking
2
PLANNING COMMISSION RESOLUTION NO. 2843
for both units. The Project is surrounded by similar residential uses and designs
and will provide an appropriate transition from residential to non-residential uses
within the area. The Project will provide an adequate sidewalk to allow for
pedestrian connectivity between residential and non-residential neighborhoods for
those within and surrounding the Project site. The architecture and landscape
design of the Project does not impair the desirability of investment or occupation
in the neighborhood and improves the overall aesthetic and desirability of the
surrounding properties. The Project falls within the acceptable density range and
is not anticipated to generate a traffic issue.
4. That the site is not physically suitable for the proposed density of development.
The Project meets the density requirements of the Mixed Residential(R-2) zoning
designation and the Small Town Neighborhood General Plan land use designation.
The Project Site is appropriate for a two-unit condominium project. The proposed
development conforms with all applicable standards of the PDMC, including all
standards of the R-2 zoning designation. No variances or adjustments are
proposed for this development, other than the 20% reduction in the rear yard
setback, which was approved by the City's ARC, as required by the PDMC. The
Project conforms with all development standards, including building height and
parking.
5. That the design of the subdivision is not likely to cause substantial environmental
damage or substantially and unavoidably injure fish or wildlife or their habitat.
The site and site design have been reviewed and determined to not likely cause
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. The Project is exempt from review with the CEQA pursuant
to Section 15332 Infill Development(Class 32) of the State CEQA guidelines. The
Project improvements are unlikely to cause any environmental, fish, or wildlife
damage.
6. That the design of the subdivision is not likely to cause serious public health
problems.
The site plan and grading plan have been reviewed to confirm the design provides
for protection of the public's health, safety, and general welfare. The site is
adequately serviced by utilities and the grading plan was reviewed in accordance
with City requirements. The Project provides setbacks from adjacent properties
that meet the standards of the R-2 zoning district.
SECTION 3. Findings on Conditional Use Permit. In recommending approval of this
Project, the Planning Commission, and under PDMC Section 25.72.050(F), the following
findings are required before granting a CUP:
1. That the proposed location of the conditional use is in accord with the objectives
of this title and the purpose of the district in which the site is located.
3
PLANNING COMMISSION RESOLUTION NO. 2843
The purpose and intent of the Mixed Residential District (R-2) is to provide
moderate intensity and density for neighborhood development, characterized by a
variety of housing choices and mixed uses. The proposed condominium Project
provides a different variety of housing choices, by providing a condominium project
surrounded by existing residential and commercial units, such as single-family
homes and commercial office buildings. The Project meets the objective of a mixed
residential district and provides pedestrian connectivity to the Project and to
projects surrounding it.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare or be materially injurious to properties or improvements in the
vicinity.
The site plan has been reviewed to confirm the design provides for the protection
of the public's health, safety, and general welfare. The site is adequately serviced
by utilities and the grading plan was reviewed in accordance with City
requirements. The Project provides setbacks from adjacent properties that meet
the standards of the R-2 zoning district.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed development conforms with all applicable standards of the PDMC,
including all standards of the R-2 zoning designation. No variances or adjustments
are proposed for this development, other than the 20% reduction in the rear yard
setback, which was approved by the City's ARC, as required by the PDMC. The
Project conforms with all development standards, including building height and
parking.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The proposed use complies and is consistent with the site's General Plan land use
designation of Small Town Neighborhood. The Project will provide a residential
use that mixes the surrounding residential neighborhood and provides a diverse
housing type. The following General Plan Policies are achieved with this Project:
Land Use Policy 3.1 — The Project adds to a complete neighborhood by providing
a diverse housing type and diverse architectural style to the neighborhood,
meanwhile incorporating a design that is family-friendly and promotes multimodal
accessibility.
Land Use Policy 3.4 — The Project adds to a more balanced neighborhood, as it
brings a range of housing that can accommodate different ages and incomes for
sale.
4
PLANNING COMMISSION RESOLUTION NO. 2843
Land Use Policy 3.11— This property provides a neighborhood transition between
General Plan Land Use designations. This property is within the Small Town
Neighborhood and neighbors the Town Center Neighborhood designation and
provides an appropriate transition in scale, building type, and density between the
designations.
SECTION 4. CEQA Determination. The Planning Commission finds the Project is
exempt from CEQA pursuant to Section 15332 Infill Development (Class 32) of the State
CEQA guidelines. Class 32 consists of projects characterized as infill development meeting
the following conditions as described in the CEQA Guidelines:
1. The Project is consistent with the applicable General Plan designation and all
applicable General Plan policies, as well as with applicable zoning designation and
regulations. The proposed residential duplex use is consistent with the Small Town
Neighborhood General Plan land use designation and the Mixed Residential
zoning designation. The Project does not conflict with General Plan policies and
meets all regulations of the PDMC.
2. The proposed development occurs within city limits on a Project site of no more
than five (5) acres substantially surrounded by urban uses. The Project site is a
0.31-acre site within the City of Palm Desert.
3. The Project site has no value as a habitat for endangered, rare, or threatened
species.
4. Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
5. The site can be adequately served by all required utilities and public services.
SECTION 5. Proiect Recommendations. The Planning Commission hereby approves
Case No(s) TPM23-0007, CUP23-0007, and PP23-0007, subject to the findings and
Conditions of Approval attached herein as Exhibit "A."
SECTION 6. 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 7. 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 8. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
5
PLANNING COMMISSION RESOLUTION NO. 2843
ADOPTED ON September 5, 2023.
Z oe Pr a detto Sep 12 20231tt)a PDT1
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 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: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on September&;�!'2023.
RICHARD D. CANNONE, AICP
SECRETARY
6
PLANNING COMMISSION RESOLUTION NO. 2843
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. TPM/CUP/PP/EA23-0007
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, except as modified by the following conditions. Any
variation from the approved plans must be reviewed and approved by the Planning
Division prior to the building permit issuance and may require review and approval by the
Architectural Review Commission, Planning Commission, and/or City Council.
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. The 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 PP and CUP shall expire if construction of the said Project shall not commence
within 24 months 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.
7
PLANNING COMMISSION RESOLUTION NO. 2843
5. The PP approval to develop two (2) attached, single-story residential condominium units
totaling 2,290 square feet (sf) each on a 13,294-sf parcel located on San Luis Drive, just
south of Fred Waring Drive
6. The Tentative Parcel Map (TPM) 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.
7. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
8. The approved CUP shall only be modified per the guidelines outlined in PDMC Chapter
25.72.050(I).
9. 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.
10. Prior to the issuance of a building permit for the 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)
Riverside County Fire Department
City of Palm Desert Building and Safety Division
City of Palm Desert Land Development Division
City of Palm Desert Planning Division
City of Palm Desert 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.
11. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the
PDMC.
12. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
All exterior lighting sources shall be fully shielded and directed downwards and are
subject to approval by the Development Services Department. Luminaries with total lamp
lumens above 16,000 lumens shall not be used. Prior to the building permit issuance, the
Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030
and include glare ratings and color temperature for all exterior light fixtures.
8
PLANNING COMMISSION RESOLUTION NO. 2843
13. Prior to the building permit issuance, the Applicant shall submit a landscape construction
application for approval by the Development Services Department and Coachella Valley
Water District. Final landscape and irrigation documents shall be prepared by a
landscape architect registered with the State of California and shall be submitted to the
Development Services Department and the CVWD for review and approval. All sheets
shall be signed by the landscape architect and shall include the license number and the
expiration date. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application and shall include dense plantings of live landscape
material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a
minimum 24-inch box in size.
A. The Applicant shall submit final landscape construction plans to the Palm Desert
Development Services Department for review and acceptance prior to submittal to
CVWD.
14. All Project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the Project site, as well as walkways
and the portion of public right-of-way abutting the Project site (parkways). Furthermore,
the plans shall identify responsibility for the continued maintenance.
15. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall
submit written certification to the Public Works Department or Planning Division that the
landscaping and irrigation have been installed per the approved landscape plan.
16. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened using landscaping and/or permanent screening devices.
17. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
18. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
19. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the Project, which shall be continuously maintained on-site
during Project construction.
20. Exterior signage shall comply with Chapter 25.56 of the PDMC.
21. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site
fences and walls subject to review and approval by the Palm Desert Development
Services Department. The design of the walls shall be consistent with the height,
material, and design on the approved conceptual site plan. The proposed walls shall use
a footing that does not require encroaching into the City right-of-way and ensures the
entirety of the wall and footings are within the owner's property.
9
PLANNING COMMISSION RESOLUTION NO. 2843
22. Future modifications to site walls or fences shall require approval by the Director of
Development Services. The use of barbed wire, razor wire, and spiked pickets for fencing
is prohibited.
23. The Applicant shall comply with the recommendations made by the City's ARC, as
referenced in the August 8, 2023, Notice of Action.
24. Coordination with Burrtec Waste shall occur prior to any proposed event or large
gathering for trash pickup schedule, location, and plan.
FIRE DEPARTMENT:
25. Fire Hydrants and Fire Flow: Fire Protection Water Supplies/Fire Flow - Minimum fire flow
for the construction of all buildings is required per CFC Appendix B or other approved
method. Prior to building permit issuance for new construction, the Applicant shall provide
documentation to the Fire Department to show there exists a water system capable of
delivering the required fire flow. Specific design features may increase or decrease the
required fire flow. Reference CFC 507.3.
26. Fire Protection Water Supplies/Hydrants: The minimum number of fire hydrants required,
as well as the location and spacing of fire hydrants, shall comply with the CFC Appendix C.
Where new water mains are extended along streets where hydrants are not needed for the
protection of structures, standard fire hydrants shall be provided at spacing not to exceed
1000 feet along streets for transportation hazards. The size and number of outlets required
for the approved fire hydrants are 4" x 2 1/2". Final fire hydrant locations shall be determined
during the fire water construction plan review. Reference CFC 507.5 and CFC Appendix C.
27. Tract Water Plans: The Applicant/Developer shall submit water system fire hydrant plans
to the Fire Department for review and approval prior to building permit issuance. Plans shall
be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing,
and minimum fire flow. Reference CFC 105.4.1
28. Fire Department Access: The construction of the fire apparatus access roads shall be all-
weather and capable of sustaining 75,000 lbs. No parking is permitted on either side of a
fire apparatus access road when the clear width is less than 30 feet. The no parking area
shall be identified by painted red curbing or by the installation of signs as applicable in
accordance with the Riverside County Office of the Fire Marshal Technical Policy No.TP22-
002. Reference CFC 503.1.1, 503.2.1.
29. Fire Department Access Turn Around: Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with a bulb turnaround at the terminus measuring a
minimum of 38 feet outside radius and 14 feet inside radius. Cul-de-sac streets may contain
a center island provided that a minimum 30-foot-wide drive lane with an adequate inside
turning radius is provided,the island is designated a no parking area with red curbs or signs,
and island.
10
PLANNING COMMISSION RESOLUTION NO. 2843
30. 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 be approved prior to installation. Reference CRC 313.2.
31. Phased Construction Access and Water Supply: If construction is phased, an approved
phasing plan shall be approved by the Fire Department. Each phase shall provide approved
access and water supply for fire protection prior to any construction. Reference CFC 503.1,
507 .1, 3310 and 3312.
32. Requests for the installation of traffic calming designs/devices ns/devices on fire apparatus access
q 9 g
roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1.
33. Gate Access: All electronically operated gates shall be provided with Knox key switches
and automatic sensors for access. These gates shall be provided with access to gate
equipment or another method to open the gate if there is a power failure. CFC 506.1.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
34. The following plan is hereby referenced: Tentative Parcel Map (For Condominium
Purposes), prepared by Fomotor Engineering and dated August 28, 2023, Precise Grading
Plan, prepared by Jesus Cervantes and not dated, and Site Plan, prepared by Cashcla
Design & Associates and dated August 17, 2023.
35. It is assumed that easements shown on the preliminary grading plan are shown correctly
and include all the easements that encumber the subject property. A current preliminary title
report for the site shall be submitted during technical plan review. The Applicant shall secure
approval from all easement holder for all grading and improvements, which are proposed
over respective easements, if any, 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 alternative 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.
36. It is understood that the conceptual exhibits correctly show acceptable centerline elevations,
all existing easements, traveled ways, and drainage courses with appropriate Q's, and that
the omission or unacceptability may require that the Applicant amend or revise the proposed
site configuration as may be necessary.
37. All common areas will be permitted, as shown on the tentative exhibit, subject to these
conditions of approval and the Covenants, Conditions and Restrictions (CC&Rs), or
equivalent responsible mechanism, as approved by the City Engineer and City Attorney. The
CC&Rs shall include, but not limited to, access easements, reciprocal access, private and/or
public utility easements, common area maintenance, as may be relevant to the project.
38. All utility extensions within the site shall be placed underground unless otherwise specified
or allowed by the respective utility purveyor.
11
PLANNING COMMISSION RESOLUTION NO. 2843
39. Prior to issuance of the grading permit for the development, the Applicant shall pay all
appropriate signalization fees in accordance with the City's Resolution No. 79-17 and 79-55.
40. Prior to map approval, the Applicant shall pay all appropriate drainage fees in accordance
with the City's Municipal Code Section 26.49 and Palm Desert Ordinance No. 653.
41. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater
Management and Discharge Ordinance.
42. 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, Palm Desert Municipal Code
(PDMC) Title 27 Grading, and all other relevant laws, rules, and regulations governing
grading in the City of Palm Desert.
43. Applicant may submit combined rough and precise grading plans for this development. The
final grading plans shall show and identify all proposed onsite improvements in accordance
with the approved conceptual grading exhibit.
44. Prior to or along with the precise grading plans, the Applicant shall provide a Pedestrian
Accessibility Route Plan that labels and identifies the location (running slope and cross
slopes) for required accessible path of travel from buildings' entrances to public pedestrian
infrastructure. Facilities shall be designed in compliance with the accessibility standards in
the California Building Code (current) and Americans with Disability Act (ADA) regulations.
45. 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.
46. The final grading plans shall show driveway approach in compliance with the City's
standards and approved by the City Engineer. Maximum allowable with is 35-feet. Driveway
shall provide accessible path behind driveway approach.
47. The project's Geotechnical Engineer shall sign the final grading plans.
48. The grading plan shall provide for acceptance and proper disposal of all offsite drainage
flowing onto or through the site.
49. 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 rules, and regulations governing
grading in the City of Palm Desert. Proposed onsite storm drains shall keep minimum of
0.4% slope at all segments.
50. Grading surrounding proposed pool shall meet California Building Code requirements,
please note that a separate permit for the construction of the pool is required.
12
PLANNING COMMISSION RESOLUTION NO. 2843
51. Pad elevations, as shown on the conceptual grading plan, are subject to review and
modification per the City of Palm Desert Municipal Code Title 27.
52. Prior to a 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
Department prior to issuance of grading permit.
53. 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.
54. Prior to issuance of grading permit and in compliance with the City of Palm Desert Municipal
Code Chapter 27.24, the Applicant shall enter into an agreement and post financial security
guarantee for all grading work related to this project.
55. 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.
56. Upon completion of grading work, 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.
57. Final parcel map shall show additional right-of-way dedication at project driveway
intersections required to accommodate public infrastructure within public right-of-way and be
in compliance with ADA requirements.
58. Prior to map approval, the Applicant shall submit improvement plans for required
improvements along San Luis Drive as outlined in these conditions of approval. The plans
are required to be approved by the City Engineer prior to map approval.
59. Applicant shall construct ADA compliant sidewalk along the project frontage per City
standard and as approved by the City Engineer.
60. Driveway approach shall be constructed in compliance with the City's standards and
approved by the City Engineer. Maximum allowable with is 35-feet. Driveway shall provide
accessible path behind driveway approach.
61. Any proposed site runoff to San Luis Drive shall be directed to the street using under
sidewalk curb drains, sheet flow over accessible path will not be allowed.
62. All utility connections to existing infrastructure within San Luis Drive will require an
encroachment permit.
63. Applicant shall show, as reference only, all existing and proposed utility connections on
plans. Wet utility plans shall be processed and approved by CVWD.
13
PLANNING COMMISSION RESOLUTION NO. 2843
64. The Applicant shall guarantee all (any) improvements within the public right-of-way for a
period of one year form 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
improvements.
65. Prior to map approval, the Applicant shall submit a final parcel map for condominium
purposes for review and approval of the City Engineer. The final parcel map shall be in
compliance with the approved tentative exhibit, the Subdivision Map Act, and local
ordinances and regulations.
66. Prior to ma approval, a co of the CC&Rs shall be submitted for review napproval f
ado
p pp copy
the Ci
ty ty Engineer.
67. 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. The form
and amount of the financial security shall be reviewed and approved by the City Engineer
and be in compliance with the Palm Desert Municipal Code Section 26.28.030 and Section
26.28.040.
68. Prior to the issuance of a building permit, the final grade certification shall be submitted in
conformance with the approved grading plans. A licensed land surveyor shall certify the
completion of grading in conformance with the lines and grades shown on the approved
grading plans.
69. Prior to issuance of a building permit, the final parcel map shall be recorded.
70. Prior to building final inspection, the Applicant is responsible for the completion of all grading
for which plans are required.
71. Prior to occupancy, the Applicant shall provide as-built drawings and drawing files (CAD
.dwg) for all public infrastructure. As-built drawings shall be stamped, signed, and dated by
the Engineer of Record.
END OF CONDITIONS OF APPROVAL
14