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HomeMy WebLinkAboutPlanning Commission TT Map 27055 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Consideration of appeal to a decision of the Planning Commission denying a request for a one (1 ) year time extension to Tentative Tract Map 27055. III. APPELLANT: Mainiero, Smith and Associates, Inc. for American Realty Trust 777 E. Tahquitz Canyon Way, Suite 301 Palm Springs, CA 92262 IV. CASE NO: TT 27055 V. DATE: February 24, 2000 VI. CONTENTS: A. Staff Recommendation B. Background C. Analysis D. Planning Commission Minutes involving Case No. TT 27055 E. Related map A. STAFF RECOMMENDATION: That the City Council, by minute motion, refer this appeal back to Planning Commission for reconsideration of the request. B. BACKGROUND: Tentative Map 27055 is a 296-lot single family subdivision (8,000 square foot minimum lots) average 10,000 square feet on the north side of Gerald Ford Drive midway between Monterey and Portola. The map was originally approved April 21 , 1992. Pursuant to the State Map Act and actions by the state legislature (SB 428 and AB 771 ) this tentative map has a potential life of ten years if time extensions are granted by the city. January 13, 2000 the appellant filed a timely request for the annual time extension (4th one-year extension). CITY COUNCIL STAFF REPORT CASE NO. TT 27055 FEBRUARY 24, 2000 Planning Commission took the position that this map should be brought back through a full public hearing process because the approval of the map predates many of the commission members' appointment to the commission. Staff suggested that the matter be continued to allow staff to return with copies of the map and a brief summary of the map. Commission by minute motion denied the requested time extension on a 5-0 vote. February 3, 2000 the applicant's representative filed this timely appeal. C. ANALYSIS: As noted above the map would create 296 single family lots. The zoning and general plan of the property remains unchanged (i.e., PR-5, five units per acre) from that in effect in 1992. The Map continues to be consistent with all zoning ordinance, subdivision ordinance and general plan provisions. The City Attorney advised that the city is not obligated to approve time extensions on tentative maps. The city has discretion to approve or deny time extensions. Time extensions can be turned down due to the time factor since the map was originally approved. Past history has been to grant time extensions to maps that are still in compliance with the zoning and the general plan. This map will expire on its own under the State Map Act if it has not been recorded by April 21 , 2002. If, as a matter of policy, the city council wishes to establish a maximum time limit for tentative maps, which is less than the State Map Act, then it can be implemented. Maps which expire or which are not extended can be ref iled and processed through a public hearing at the Planning Commission. D. CONCLUSION: Staff took this matter to the Planning Commission as a routine time extension. We did not provide commission with background information, map summary or copy of the map. 2 CITY COUNCIL STAFF REPORT CASE NO. TT 27055 FEBRUARY 24, 2000 We feel that this matter should be referred back to Planning Commission with a complete information packet to reconsider its action of February 1 , 2000 and then returned to the city council for action if necessary. Prepared by: (� j‹,,f_. Ef� teve Smith ---7-J Reviewed and Approved by: Z t Philip Dr /tm CITY COUNCIL ACTION: APPROVED DENIED *By Minute Motion, referred the RECEIVED OTHERV appeal back to the Planning Commission so that it may attach MEETING DATE oZ-rD 4-b C, the appropriate findings to its AYES: DAI a,�; ppg 000� resolution or reconsider the NOES: �il�ne ) request. ABSENT: /IA /,'1 ABSTAIN: .M,54,LL VERIFIED BY: 1LD p ,, Ai)Original on File with City glerk's Office 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 1, 2000 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 99-18 - SIXTH STREET PARTNERS I, LLC, Applicant Request for approval of a parcel map waiver to merge into adjacent property to the west previously vacated street right-of- way at the north end of Desert Country Circle. Action: It was moved by Commissioner Beaty, seconded by Commissioner Campbell, approving the Consent Calendar Item A, PMW 99-18, by minute motion. Motion carried 5-0. B. Case No. TT 27055 - MAINIERO, SMITH AND ASSOCIATES, Applicant Request for approval of a fourth one-year time extension for a 296-lot single family subdivision north of Gerald Ford Drive, 700 feet east of Monterey and 680 feet west of Portola. Commissioner Beaty noticed that this was a request for a fourth one-year time extension. Mr. Smith stated that the tentative tract was still subject to all the current policies and requirements, so it wasn't like they were gaining any benefit by having the extension of time. He indicated that Mr. Mainiero was in the audience if the commission wished to hear from him as to the reason for the long delay and perhaps he could respond to that. Commissioner Beaty stated that he just wanted to bring it to the commission's attention. Chairperson Jonathan noted that at one point two one-year extensions were the limit of what commission would approve and then that policy got dropped. He agreed that at some point the commission should readdress the whole request because what was right four or five years ago wasn't necessarily right any more in light of whatever has happened since that time. Commissioner Campbell asked how many one-year time extensions an applicant could have if this was the fourth or if it was indefinite. Mr. Smith said it wasn't indefinite. There was a maximum under the Map Act and this application was still within the total length of time they could be approved for. Commissioner Campbell asked how many years that was. Mr. Smith said there were certain 2 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 1, 2000 provisions in state law back in 1994, 1995 and 1996 that basically gave them those years free. On this tract in particular, he couldn't tell the commission how long it was good for, but it was subject to the terms of the Map Act. Chairperson Jonathan asked what the consequences would be of denial. He asked if the applicant had a right to appeal. Mr. Smith said the applicant had the right to appeal. Assuming the appeal was not granted, they would have the right to file the same map over again. Commissioner Campbell asked if the commission could ask Mr. Mainiero why he needed another year extension. Mr. Smith said yes. MR. BOB MAINIERO of Mainiero, Smith & Associates, representing American Realty Trust--the current owner of the property, informed commission that the primary reason for the delay in moving forward had been the economy. The marketplace. The owner was basically waiting for a buyer to come along that would want to move forward with the development. As mentioned by Mr. Smith, the Map Act provided for seven years and he wasn't sure how that would be affected by the extensions. He knew they were well within that. Commissioner Beaty indicated that if the commission asked Mr. Mainiero to bring it back to the commission, the paperwork was already done, and asked if it would be a big hardship. He noted that the commission probably had at least three members who had never seen the project. Commissioner Campbell suggested allowing the extension this time, but if it came back for a fifth request, then they would look at it again. Commissioner Beaty said he just wanted to raise the issue of the four years. Commissioner Campbell said that was fine with her. Chairperson Jonathan agreed with Commissioner Beaty and said he didn't see granting a fourth one-year time extension. Not that he would be opposed to the project necessarily, but after four or five years it was time to look at it again before it became reality. He said it was an excellent point that some members of the commission hadn't even seen it and others might not recall the details, so an opportunity to look at it again to see if it was still right for the area he felt was reasonable. In his opinion he didn't feel it was an onerous burden to ask the applicant to resubmit. Mr. Smith suggested that the commission continue the case for two weeks and staff would come back with copies of the map for the commissioners that hadn't seen it and if they have some concerns with it at that point, then the commission could not approve it and if there were no concerns, the commission could just grant the one-year extension. Chairperson Jonathan said he personally wasn't comfortable with that. If they were going to 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 1, 2000 consider it, it needed to go through the public hearing process again. They didn't really know what was out there and he didn't want to pick on this one, but almost as a precedent they needed to draw the line somewhere and say enough is enough. When something was a little "stale" they needed to go through the process again. Speaking personally, he would rather not go through a reevaluation of the project without going through the public hearing process. Commissioner Beaty stated that he would move to deny the request. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, denying Consent Calendar Item B, Case No. TT 27055, by minute motion. Motion carried 5-0. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 99-15 - COLUMBIA PAR CAR CORP., Applicant (Continued from December 21 , 1999) Request for approval of a conditional use permit to allow an outdoor golf cart display located at 73-168 Highway 1 1 1 . Chairperson Jonathan noted that the applicant was requesting an extension. Mr. Smith concurred and noted that commission had a copy of a letter that was received. Essentially the applicant was at an Architectural Review Commission meeting a week ago today and they decided to take some of the suggestions from ARC to heart and as the letter indicated, they engaged an architect and landscape architect to come up with some plans. They expected to have them ready so they could be back at ARC next Tuesday, hence the request for the continuance to February 15. Chairperson Jonathan opened the public hearing and asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. There was no one. The public hearing was left open and Chairperson Jonathan asked for a motion. 4 FEB- 02-00 10 tiFE 'Y OF PALM DESERT ID: 760 340 0574 PAGE 2/2 • h - 2000 a-AA 14 I T - 3/91 •/ �a "ELOPe,ENT DEPARTMENT '`'';'`''''AtitY OF PALM DESERT, CALIFORNIA, *ft 10 . n p rn ;��4 �" = =� APPLICATION TO APPEAL ;•.�'Z;� ry m m •.. rn DECISION OF THE Planning Commission c<n' -o (Name of Committee/Commission) o rn N n N m Case No. TT 27055 Meeting Date: February 1 , 2000 Name of Appellant Maini.ero, Smith & Associates- Inc. for American Realty Trust Address 777 E. Tahquitz Canyon Way, Ste. 301 Phone: (760)320-9811 Palm Springs , CA 92262 Description of Application: SEE ATTACHED Reason for Appeal: SEE ATTACHED 43Si • gnature of Appellant Date 00 l _ FOR OFFICIAL USE ONLY Date Appeal Filed: F� ._ Fee Received: if5r)ce Treasurer's Receipt #: 0-0C)( Received by: Public Hearing Set For: � - Action taken by the City Council: Date: Sheila R. Gilligan, City Clerk Description of Application: Extension of Time on the Planning Commission Approval of Tentative Tract No. 27055 consisting of 296 Single-Family Residential Lots in PR-5, located on the North Side of Gerald Ford Drive, West of Portola Avenue. Reason for Appeal: Section 66452.6 of the State of California Subdivision Map Act provides for extensions of time on the original approval, up to eight (8) years. In addition, SB 428 automatically extended maps that had been approved prior to September 13, 1993, for 24 months, and AB 771 automatically extend maps for 12 more months on May 15, 1996. IN WE C11Y OF PALM DESERT. COUNTY OF RIVERSIDE. .'^[./9Can.^vf ST.1E OF CALIFORNIA 10/COCA i CO.. . VESTING TENTATIVE TRACT MAP NO , 27055 1LL1K. r.M1:. K wa%L,.Ow1. NN.. I •- BEING A SUBDIVISION OF A PORTION OF THE SOUTH IOC OF 1f�`• 4 SECTION 29. TONNSNIP 4 SWTN. RANGE B EAST, S.B.N. "',"1 ',rh INC. ...? __ - ei MAINIERO. SMITH ANO ASSOCIATES. INC. JANUARY 1992 -5011 N'� ,.P a.' .�,s. C• .,. - EASEIENT NOTES n�.•,r>yy VICINITY.P •1, I 1 1- ..m- A w= .:1.M...'r•n 1CJti13O .- _ _ L I �, -1 .� .... r.o ur.=• .•.rrw E:r•E.� .ri A .....AL.... •ter _....._ L , 'J'- '�" A-��• sw. .w 'iTrw aem o,mun•a[a,arw worm scam ammo I ,i- ,..:____ 1 , h Tt°I , 1e. �� \V • �1CT%•/ °. \ ;. ,o, ,N P. `1� �` J \ \�• LL 1�r r » i. :\ a 1. I� sr.BI �N....;ail - . 1 — y .._ _ _ 1.2. \awn..., ,c_..._, _.,., -* TENI RY BASIN1 N\I(�•.�\ 6 .it6\4"lit Atrel'a gnaw I ARFI\LO7 i ILlaW SAgrittt- - -i ...Virp \,. „ litte,\..4", iii ,:,:r,,...,,,„„„,. .,.......,,,,_...,, 10., -, lY.-'# .7/ i rat;111 ' f • -tiff I St . .. 1.7 4PI4sk 4.'\ L a e0 »\ - API 652-26o.0' _ y$ Atlit ,q -s- vitt I ' L,,,,,K#,'\Viljgatagi 0,Witgr,So 0 vet_ ,..„,,-..,.\„.1 , . 1. ilarnb-441"w°).in 7IZ If '' - 1\"' ....Iffight„N•,.,Mf.":1511.4 IP_ Ilia4,-.ita. 1.1...,. ..,._...,.'01.4. I"" r:Mi . ."' '1 Ili Thi LI' maximr, ',---gN _z.,,,.. ._,...- Avow mitaita, •, ». - --„,p--m I VOX a • ,os taw w opal/ .v' es_tem jt. 21 (� APN BS7-]60-00T • _ - ^' T APN PSI O-B 1 - D-'it •T. .\\,... APA-453-360-010 r.tr-va .J.,IAA o.,f.• =.yO.LfLL INC. I FEB - 8 2000 COMMUNITY DEVELOPMENT DEPAA i MENT CITY OF PALM DESERT 415 Mainiero, Smith and Associates, Inc. Planning/Civil Engineering/Land Surveying 777 East Tahquitz Canyon Way, Suite 301 /Palm Springs, California 92262-6784 Telephone(760) 320 981 I /FAX (760) 323 7893 • email info@mainierosmith.com • www.mainierosmith.com February 2, 2000 Ms. Sheila R. Gilligan, City Clerk CITY OF PALM DESERT • 73-510 Fred Waring Drive Palm Desert, California 92260 • Re: Application to Appeal Decision of the Planning Commission Meeting Date February 1, 2000 Case No. TT 27055 Extension of Time on Tentative Tract Map Dear Sheila: Submitted herewith is an Application to Appeal the Decision of the Planning Commission at the meeting of February 1, 2000, on Case No. TT 27055. Also included is a check for $50.00 for the application fee. • If you have any questions in regard to the above please do not hesitate to contact us. Very truly yours, 4444-7/4"44:6446.1 Robert J. Mainiero, P.E. RJM:cm cc: Dan Allred, American Realty Trust Katrina Heinrich, David Freedman Company, Inc. a rn c) Co "1 m c7 w m Cr; -D < m m N n m f_. AAIN•IERO, SMITH & ASSOCIATES, INC. Check#: 30718 Vendor ID: CITYOFPD City of Palm De Date: 02/03/20003 0 7 1 8 Check Amount: 50.00 Invoice# Date Invoice Amount Gross Payment Discount Net Payment Notes - Feb-00 02/03/2000 $50.00 $50.00 $50.00 847B Application Fee for Appeal n O Q rn rn r rn rn c7 c� rn 7S cn < rn ' o T N n N rn m 3 0 JO718 MAINIERO, SMITH & ASSOCIATES, INC. PH.760-320-9811 WELLS FARGO BANK 777 E TAHQUITZ CANYON WAY,SUITE 301 16-24-1220 PALM SPRINGS,CA 92262 DATE AMOUNT 02/03/2000 $50.00 PAY THE SUM OF FIFTY Dollars 00/100 ONLY TO THE ORDER City of Palm Desert OF 73-510 Fred Waring Drive TWO SIGNAT/ ES REQUIRED Palm Desert, CA 92260 l� �/ E III 0 30 7 Lao ': L 2 2000 2 4 71:0 98 90 LE 3 9 31I' CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 21 . 1992 CASE NO. : (T 27055 REOUEST: • 296 lot single family subdivision and negative declaration of environmental impact north of Gerald Ford Drive. 700 feet east of Monterey Avenue and 680 feet west of Portola Avenue APPLICANT: DAVID FREEDMAN & CO. c/o Maniero Smith & Associates 777 E. Tahouitz Way. Suite 301 Palm Springs. CA 92262 I. BACKGROUND: A. SITE DESCRIPTION: The 130 acre vacant site is zoned PR-5 and designated low density residential 3-5 du/ac on the general plan. The western 40 acres is designated as park and the director has determined a general Plan amendment is not necessary since the r•edeve l anment agency has purchased property east of the Portola/Gerald Ford intersection. The site also has existing curb and gutter along Gerald Ford and ascends/descends 100 feet from top to bottom of the blow sand ridge that extends through the center of the valley. B. ADJACENT ZONING/LAND USE: North: R3A (2 du/ec) & M ( industrial ) (County)/Vacant. South: PR-S/Vacant East: PR-5/Vacant West: PC-2/Vacant II . DISCUSSION: The project is designed so that the approximate 10.000 souare foot lots will surround a 4.5 acre recreational area with a collector street that runs through the Project. and provides access at two locations on Gerald Ford. The eastern entrance is located at an existing median break on Gerald Ford but not at the western entrance - which is acceptable to the public works staff. 1 t4 STAFF REPORT CASE NO. TT 2/055 APRIL 21 . 1992 Because of the na tural ural slope on the site. large grade differentials between lots are planned at selected points throughout the site but was; accounted for by making the lower lot having a greater depth than the higher lot. A drainage lot is shown along the northern boundary of the site and at staff's concern - the developer has agreed to incorporate this lot into the rear yards of adjacent lots similar to the Vista Paseo project. Because the project is retaining a 100 year storm on-site. the developer hds stated that he will object to the Payment of drainage fees - which only the city council can do - most appropriately at the final map Stage. . No house plans have been presented yet. The developer has indicated a desire to construct some two story units. Any house plans will have to meet development: standards for single family residential in PR zones. in addition. the northeast corner of the site is within the noise impact line of the Southern Pacific Railroad. Homes within this line will be required to meet appropriate decibel levels. Ill . RECOMMENDATION: 1 . Approve Findings 2. Approve Resolution No. —_ approving TT 27055 IV. ATTACHMENTS: 1 . Legal notice 2. Resolution 3. Agency letters 4. General Plan map for area 5. Plans <,Prepared by: ,4:02 Reviewed and Approved by: ___ _____,_.-_,---- P.)/db 4. / / PLANNING COMMISSION RESOLUTION N0. 1566 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT. CALIFORNIA. APPROVING A 296 LOT SINGLE FAMILY SUBDIVISION NORTH OF GERALD FORD DRIVE. 700 FEET EAST OF MONTEREY. 680 FEET WEST OF PORTOLA. • CASE NO. TT 27055 WHEREAS. the Planning Commission of the City of Palm Desert. California. did on the 21st day of April . 1992 hold a duly noticed public hearing to consider the request of DAVID FREEDMAN & CO. for project described above; and WHEREAS. said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act. Resolution No. 80-89," in that the director of community development has determined that the project will not significantly impact the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any. of all interested persons desiring to be heard. said planning commission did find the following facts and reasons to exist to justify approval of the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements tw ,not conflict with easements. acquired by the public at large. access through or use of property within the proposed Islon. WHEREAS, in the review of this tentative tract map the planning commission has considered the- effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs. with available fiscal and environmental resources. PLANNING COMMISSION RESOLUTION NO. 1566 NOW. THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert. California. as follows: w : I . That the above recitations are true and correct and constitute the findings of the commission in this case: 2. That it does hereby approve the above described Tentative Tract Map No. 27055. subject to fulfillment of the attached conditions. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission. held on this 21st day of April.. 1992. by the following vote. to wit: AYES: DOWNS. RICHARDS. SPIEGEL. WHITLOCK NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK. Chairperson ATTEST: RAMON A. DIAZ. Secreta SS/db 2 PLANNING COMMISSION RESOLUTION NO. 1566 CONDITIONS OF APPROVAL CASE NO. TT 27055 Department of Community Development: • I . The development of the property shall conform substantially with exhibits on file with the department of community development/planning. 2. Recordation of map shall occur within two years from the date of final approval unless an extension of time is granted; otherwise. said approval shall become null , void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statues now in force. or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department 5. Auolicant and/or their successor shall pay all city fees in effect when the building permits for this development project are issued. 6. Drainage/landscape lot along northern boundary shall be replaced by easement only, which shall be incorporated into rear yard. line shall incorporate within noise 7. Homes built on lotsimpact aoproprP0 decibel reduction measures as identified in North Sphere Specift Public • . _ ; • 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to recordation of final map. 2. Storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 3 PLANNING COMMISSION RESOLUTION NO. 1566 3. Stormwater retention basin. as shown on the tentative tract map. shall be designed so that it will retain stormwaters associated with a 100 year storm event. The ongoing maintenance of the retention facilities shall be the responsibility of the homeowners association. 4. 5ignalization fees. in accordance with City of Palm Desert Resolutions Nos. 79-17 and 79-55. shall be paid prior to recordation of final map. 5. Full public improvements. as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code. shall be installed in accordance with applicable city standards. 6. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of final map. Such offsite improvements shall include, but not be limited to, concrete sidewalk in an appropriate size and configuration and provisions for acceleration/deceleration lanes at all project entry points. "As- built" plans shall be submitted to, and approved by. the Director of Public Works prior to the acceptance of the improvements by the city. 7. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the Department of Public Works prior to project final . 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 9. Landscaping maintenance along the Gerald Ford Drive property frontage shall be provided by the homeowners association. 10. Waiver of access to Gerald Ford Drive except at approved locations shall be granted on the Final Mao. II . In accordance with Palm Desert Municipal Code Section 26.44. complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 12. In accordance with the Circulation Network of the City of Palm Desert's General Plan, installation of one-half landscaped median island in Gerald Ford Drive shall be provided. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public 4 r I PLANNING COMMISSION RESOLUTION N0. 1566 Works. Applicant shall provide for the formation of a lighting and landscape maintenance district for the maintenance of the median island landscaping. 13. Traffic safety striping on Gerald Ford Drive shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 14. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 15. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval and be recorded before issuance of any permits. 16. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 17. A complete preliminary soils investigation, conducted by a registered soils engineer. shall be submitted to. and approved by, the Department of Public Works prior to the issuance of a grading permit. 18. Pad elevations. as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 19. As required under the Palm Desert Municipal Code. all existing utilities shall be placed underground per each respective utility districts recommendation. If determined to be unfeasible, the applicant shall submit to the city, in a form acceptable to the city attorney, surety in an amount equal to the estimated construction cost . for the subject underground conversion. 20. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code, ,.., :in accordance with the Circulation Network of the City's Gener , dedication of half-street right-of-way at 55 feet on Gerald- Drive shall be provided on the final map. 21 . Traffic analysis to be prepared for this project to address the specific impacts on existing circulation network (streets and intersections) as well as proposed street/intersection configuration. The report shall include specific mitigation measures and shall be reviewed and approved by the Public Works Department prior to the approval of the final map or issuance of any permits associated with the project. 5 PLANNING COMMISSION RESOLUTION NO. 1566 22. Prior to the recordation of the final map. applicant shall provide for the pay-off or reapportionment of any existing city assessments which impact the subject property. City Fire Marshal : 1 . With respect to the conditions of approval regarding the above referenced plan check. the Fire Department recommends the following fire protection measures by provided in accordance with City Municipal Code. NFPA. UFC, and UBC and/or recognized Fire Protection Standards: 2. Provide. or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily. and 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2") . located no more than 200' from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel " type. 5. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2- 1/2" x 2-1/2") will be required, located not less than 25' or more than 200' from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 6. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow. or arrange field inspection by the Fire Department Prior to request for final inspection. 7. Prior to the application for a building permit. the developer shall furnish the original and two copies of the water system plan to the County fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval . the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types. location and spacing. and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local 6 s#` PLANNING COMMISSION RESOLUTION N0. 1566 water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." "System has been designed to provide a minimum gallon per minute flow of 1500. 250Q 300(1. " 8. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is allowed. the roadway shall be 36' wide with parking on both sides. 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments) . Fountains or garden islands placed in the middle of these turn-grounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 9. Whenever access into private property is controlled through use of gates. barriers. guard houses or similar means. provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a knox box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6" . 10. A dead end single access over 500' in length will require a secondary access. sprinklers or other mitigative measure. Four streets in excess of 500 feet. 11 . A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. O.K. - two points of entry shown from Gerald Ford. 12. All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the City of Palm Desert. 7 w 1 PLANNING COMMISSION RESOLUTION NO. 1566 Other: Item Number 11 seems to present biggest problem. Three of these four problems have potential solutions created by pie shaped easement at end of cul-de-sac. Contact Fire Marshal for discussion. PJ/db • FEB-02-00 10 . 36 FROM:CITY OF PALM DESERT ID: 760 340 0574 PAGE 2/2 • ••..........•••• 3/91 J tO _ CITY OF PALM DESERT, CALIFORNIA 1 ��� _ �'"� rri APPLICATION TO APPEAL co ".' rn DECISION OF T RE P l ann i n o q C mmission cn -v (Name of Committee/Commission) 0 3 m m N n N m cn Case No. TT 27055 Meeting Date: February 1 , 2000 Name of Appellant Mainiero, Smith §, Associates- Inc. for American Realty Trust Address 777 E. Tahquitz Canyon Way, Ste. 301 Phone: (760)320-9811 Palm Springs, CA 92262 Description of Application: SEE ATTACHED • Reason for Appeal: SEE ATTACHED l • Signature of Appellant Date zf3/00 FOR OFFICIAL USE ONLY Date Appeal Filed: fl - 3'Q' Fee Received: 'At 5 1 Treasurer's Receipt#: 9 x;)L - Received by:Public Hearing Hearing Set For: (.84 - Action taken by the City Council: Date: Sheila R. Gilligan, City Clerk Description of Application: Extension of Time on the Planning Commission Approval of Tentative Tract No. 27055 consisting of 296 Single-Family Residential Lots in PR-5, located on the North Side of Gerald Ford Drive, West of Portola Avenue. Reason for Appeal: Section 66452.6 of the State of California Subdivision Map Act provides for extensions of time on the original approval, up to eight (8) years. In addition, SB 428 automatically extended maps that had been approved prior to September 13, 1993, for 24 months, and AB 771 automatically extend maps for 12 more months on May 15, 1996. 415 Mainiero, Smith and Associates, Inc. Planning/Civil Engineering/Land Surveying 777 East Tahquitz Canyon Way,Suite 301 /Palm Springs,California 92262-6784 Telephone(760)320-9811 /FAX(760) 323-7893 •e-mail info@mainierosmith.com•www.mainierosmith.com February 2, 2000 Ms. Sheila R. Gilligan, City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Application to Appeal Decision of the Planning Commission Meeting Date February 1 , 2000 Case No. TT 27055 Extension of Time on Tentative Tract Map Dear Sheila: Submitted herewith is an Application to Appeal the Decision of the Planning Commission at the meeting of February 1 , 2000, on Case No. TT 27055. Also included is a check for $50.00 for the application fee. If you have any questions in regard to the above please do not hesitate to contact us. Very truly yours, , iii°L9/444.4.t4A.w Robert J. Mainiero, P.E. RJM:cm cc: Dan Allred, American Realty Trust Katrina Heinrich, David Freedman Company, Inc. o CD CD r rn r.i n z' w rn cn --0 CDm -11 N C3 N !AAINIERO, SMITH & ASSOCIATES, INC. Check#: 30718 718 Vendor ID: CITYOFPD City of Palm EN Date: 02/03/200 Check Amount': 50.00 Invoice# Date Invoice Amount Gross Payment Discount Net Payment Notes Feb-00 02/03/2000 $50.00 $50.00 $50.00 847E Application Fee for Appeal C) O rn rn c) ao r rn rn ca rn Cl, -n < a rn v -n rV n rn rn 3030?8 MAINIERO, SMITH & ASSOCIATES, INC. PH.760-320-9811 WELLS FARGO BANK 777 E TAHQUITZ CANYON WAY,SUITE 301 16-24-1220 PALM SPRINGS,CA 92262 DATE AMOUNT 02/03/2000 $50.00 PAY THE SUM OF FIFTY Dollars 00/100 ONLY TO THE ORDER City of Palm Desert OF 73-510 Fred Waring Drive it.TWO SIGNAT ES REQUIRED Palm Desert, CA 92260 r , 0030 ? Lao I: L 2 2000 242i:09890 19 39 3o 02/24/2000 13:54 7603237893 MSA INC. PAGE 02/02 I • • - 1Vlainiero, Smith and Associates, Inc. 01 Pioni+ing/Civil Engineering/,Laud Surveying - 777 East Tahquitz Canyon Vl'ay,Suite 301/Palm Springs,California 92262-6784 Telephone (760) 320-9811 /FAX(760)323-7893 •e-mail info@mainierosmith.com•www.miiinierosmith.com . February 24, 2000 . c.) • o Ms. Sheila R. Gilligan, City Clerk CITY OF PALM DESERT c, . �. 73-510 Fred Waring Drive • m N rn Palm Desert, California 92260 = --t m to -v c Re: Request for Continuance Item "IX.D." 0 m rn City Council Meeting February 24, 2000 ry Application to Appeal c7 _c.: Decision of the Planning Commission • r" ur Meeting Date February 1, 2000 . Case No. TT 27055 • Extension of Time on Tentative Tract Map Dear Sheila: - . Due to scheduling conflicts, we respectfully request that consideration of this item be continued to the next meeting. We thank you for your cooperation and if you have any questions in regard to the . above please do not hesitate to contact us. Very truly yours, 73044, 2./.6:400.011400 . Robert J. Mainiero, P.E. RJM:cm • cc: Dan Alfred, American Realty Trust Katrina Heinrich, David Freedman Company, Inc. 02/24/2000 13:54 7603237893 MSA INC. PAGE 01/02 Mainieru, smith and Associates, Inc. Planning/Civil Engineering/Land Surve g 777 East Tahquitz Canyon Way,Suite 301 /Palm Springs, California 92262-6784 Telephone(760)320-9811 /FAX(760)323-7893 FAX TRANSMITTAL AEI Date: 2/24/00 Job No.: 847 To: From: CITY OF PALM DESERT • Bob Mainiero 73-510 Fred Waring Drive, Mainiero, Smith&Associates, Inc. Palm Desert, California 92260 777 E. Tahquitz Canyon Way, Suite 301 Attentipn: Rachelle Palm Springsj_Califomia 92262-6784 Telephone: 760-346-0611 _ Fax Phone: 760-341-7098 Re: Request for Continuance Project: Tentative Tract Map No. 27055 REMARKS: ® Urgent ® For your review n Please comment ❑ QTY. ITEM Letter dated February 24, 2000 COMMENTS: A total of 7 pages,including this transmittal- Please call(760)120-9811 immediately if you do not receive all pages. Thank you. THIS FACSIMILE DOCUMENT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL,AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW,AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE.. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR.PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE T17 US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU• 414 4cc: c., 41 _ Mainiero, Smith and Associates, Inc. Planning/Civil Engineering/Land Surveying - 777 East Tahquitz Canyon Way, Suite 301 /Palm Springs,California 92262-6784 Telephone(760) 320-9811 /FAX(760) 323-7893 •e-mail info@mainierosmith.com•www.mainierosmith.com February 24, 2000 Ms. Sheila R. Gilligan, City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Request for Continuance Item "IX.D." City Council Meeting February 24, 2000 Application to Appeal Decision of the Planning Commission Meeting Date February 1, 2000 Case No. TT 27055 Extension of Time on Tentative Tract Map Dear Sheila: Due to scheduling conflicts, we respectfully request that consideration of this item be continued to the next meeting. We thank you for your cooperation and if you have any questions in regard to the above please do not hesitate to contact us. Very truly yours, 7344 At.iiifftitme Robert J. Mainiero, P.E. RJM:cm CD o cc: Dan Allred, American Realty Trust c, o Katrina Heinrich, David Freedman Company, Inc. rn ry rn PC" rn o rn I . Q _� C) N rn o