HomeMy WebLinkAboutRes No 2874PLANNING COMMISSION RESOLUTION NO. 2874
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT CALIFORNIA, APPROVING A PRECISE PLAN FOR THE
DEVELOPMENT OF A 93 UNIT SINGLE-FAMILY RESIDENTIAL
SUBDIVISION LOCATED ON SHADOW RIDGE ROAD WITHIN THE
EXISTING MARRIOTT SHADOW RIDGE DEVELOPMENT, AND FINDING
THAT THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
CASE NOS. PP23-0023
WHEREAS, on December 20, 2023, the applicant, Toll Brothers, filed a formal
application with the City of Palm Desert for the approval of Precise Plan of design to develop
an approximately 20.69 gross acres into 93 single-family residential homes (“Project”) located
on the Designated Remainder Parcel 4 and Designated Remainder Parcel 5, and Lot “D” of
Tract 28818-1 on Riverside County Assessor Parcel Number(s) 694-290-010, -011, 694-320-
010, and -011 (“Project Site”); and
WHEREAS, the applicant filed PP23-0023 concurrently with a Vesting Tentative Tract
Map (“VTTM”) 38866 for the proposed site improvements on the Project; and
WHEREAS, the Project Site has a General Plan land use designation of Resort and
Entertainment Center, and a Zoning Designation of Planned Residential – 5 Dwelling Units
per Acre (PR-5); and
WHEREAS, the Project Site is subject to the requirements of Development Agreement
98-1 as amended by Palm Desert City Council Resolution No. 24-003; and
WHEREAS, the subject precise plan conforms with the City of Palm Desert 2040
General Plan and Zoning Ordinance; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code Regs., tit. 14, §
15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is
the lead agency for the Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
prepared an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was required;
and
WHEREAS, State CEQA Guidelines Section 15183 (Public Resources Code
§21083.3), provides that projects which are consistent with a Community Plan, General Plan,
or Zoning for which an environmental impact report (EIR) has been certified “shall not require
additional environmental review, except as might be necessary to examine whether there are
project specific significant effects which are peculiar to the project or its site;” and
WHEREAS, an Environmental Impact Report (SCH # 2015081020) was certified by
the City of Palm Desert City Council for the 2040 Palm Desert General Plan; and
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PLANNING COMMISSION RESOLUTION NO. 2874
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the June 18, 2024, hold a duly noticed public hearing to consider the request by the Applicant
for approval of Precise Plan; 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
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 Precise Plan. As required by Palm Desert Municipal Code
“PDMC” Section 25.72.030 (E), the Planning Commission makes the following findings to
approve the PP:
1. Consideration is given and restrictions are imposed to the extent necessary, given the
size and shape of the parcel and the present and proposed zoning and use of the
subject property and the surrounding property, to permit the same degree of
enjoyment of the subject property, but subject to the same degree of protection of
adjoining properties, as would be accorded in normal circumstances by the standard
restrictions imposed by Chapter 25.72.030. The project, as conditioned, meets all the
requirements of the underlying zoning designation and provides this project the with
same allowances that its surrounding properties would be governed by.
2. The proposed precise plan is not found to substantially depreciate property values in
the vicinity nor would the plan unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes or would endanger
the public peace, health, safety, or general welfare, as conditioned.
3. The Architectural Review Commission approved a design review on May 14, 2024.
SECTION 3. CEQA. The application has complied with the requirements of the “City
of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Planning Commission finds that the Project is consistent with the approved General Plan and
Zoning Ordinance and that other project-specific impacts were evaluated in the Initial Study
(15183 Analysis) prepared for the project and that no further environmental review is required
under State CEQA Guidelines 15183. CEQA Guidelines Section 15183 allows for a
streamlined environmental review process for projects, which are consistent with the
development density established by existing zoning, community plan, or General Plan
policies for which an EIR was certified, except as might be necessary to examine whether
there are project-specific significant effects which are peculiar to the Project or its sites. If the
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PLANNING COMMISSION RESOLUTION NO. 2874
above qualifications are met, as stated in Section 15183(b), “a public agency shall limit its
examination of environmental effects to those which the agency determines, in an initial study
or other analysis: (1) are peculiar to the Project or the parcel on which the Project would be
located, (2) were not analyzed as significant effects in a prior EIR on the zoning action,
General Plan or community plan, with which the Project is consistent, (3) are potentially
significant off-site impacts, and cumulative impacts which were not discussed in the prior EIR
prepared for the General Plan, community plan or zoning action, or the Project’s CEQA
Section 15183 Analysis (4) are previously identified significant effects which, as a result of
substantial new information, which was not known at the time the EIR was certified, are
determined to have a more severe adverse impact than discussed in the prior EIR.” An Initial
Study has been prepared to document the findings to satisfy the requirements of CEQA
Guidelines Section 15183. It analyzes the potential environmental effects of the proposed
Project and evaluates whether they were adequately analyzed in a prior EIR such that the
above-identified streamlining criteria apply. The Project is consistent with the Palm Desert
General Plan Update (General Plan Update), for which an EIR (SCH No. 2015081020) was
certified. The General Plan Update provides a framework for future growth of the City and
projects the development reasonably expected to occur during the buildout period. The Genal
Plan Update EIR analyzed the environmental impacts associated with the adoption and
implementation of the General Plan Update. The proposed Project is permitted in the zoning
district where the Project site is located and consistent with the land uses, density, and vision
of the 2040 Palm Desert General Plan; and
SECTION 4. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City’s office
at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the
Secretary to the Palm Desert Planning Commission, is the custodian of the record of
proceedings.
SECTION 5. Project Approval. The Planning Commission hereby approves Case No.
PP23-0023, subject to the conditions of exhibit A of this resolution.
SECTION 6. 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.
ADOPTED ON June 18, 2024
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2874
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2874 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
June 18, 2024, by the following vote:
AYES: DELUNA, GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: GREENWOOD
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 July_3_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2874
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP23-0023
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. 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.
4. The PP shall expire if construction of the said Project shall not commence within 24
months from the date of approval of the final map for Vesting Tentative Tract Map
(VTTM) 38866 approved by Planning Commission Resolution No. 2873, 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.
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PLANNING COMMISSION RESOLUTION NO. 2874
5. Prior to the expiration of this Precise Plan, the applicant may request a one (1) year
time extension by filing a written request with the Development Services Department
for consideration by the Planning Commission. Any request for an extension shall be
noticed and be considered at a public hearing held before the original approval body.
6. 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.
7. The applicant shall pay all applicable fees in effect at the time of the effective date of
approval of this permit.
8. The Applicant shall pay all appropriate park fees per PDMC Section 26.48.060.
9. This Project is subject to payment of the City’s Public Art fee. The fee will be applied
at the time of a building permit issuance and shall remain in the City’s public art
fund.
10. 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.
2874 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.
11. The Applicant and/or any successor in interest shall comply with all applicable local,
state, and federal laws and regulations.
12. 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.
13. The Applicant shall abide all conditions of approval of Planning Commission
Resolution No. 2873.
14. The project comply with all requirements Palm Desert Municipal Code (PDMC)
Chapter 9.24 for Noise Control Requirements.
15. 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.
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PLANNING COMMISSION RESOLUTION NO. 2874
16. 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)
City of Palm Desert Public Works Department
Riverside County Fire Department
City of Palm Desert Land Development Division
City of Palm Desert Planning Division
City of Palm Desert Building and Safety Division
Evidence of said permit or clearance from the above agencies shall be presented to
the Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
17. Prior to permit issuance, the permittee shall prepare and submitted a written report to
the Director of Development Services demonstrating compliance with these conditions
of approval, and any mitigation measures required by the Palm Desert General Plan
Environmental Impact Report (SCH # 2015081020).
18. The Applicant shall provide payment for filing fees for the Notice of Exemption within
five (5) days of the Planning Commission approval of this project.
19. Prior to building permit issuance, 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 is 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.
20. 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 for the front yard typical landscaping and common
area landscaping. 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 dated April 17, 2024 and shall
include 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.
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PLANNING COMMISSION RESOLUTION NO. 2874
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.
21. All Project irrigation systems shall function properly, and common area landscaping
shall be maintained in a healthy and thriving condition for the life of this permit. The
maintenance of common area landscaping and the irrigation system shall be
permanently provided for all common areas of the Project site, as well as walkways.
Furthermore, the plans shall identify responsibility for the continued maintenance.
22. Prior to the issuance of the Certificate of Occupancy of any residential unit of the tract,
the front yard landscaping of said unit shall be completes in accordance with the
approved plan.
23. Prior to the issuance of the Certificate of Occupancy of the final unit of the tract, the
Project landscape architect shall submit written certification to the Planning Division
that all landscaping and irrigation has been installed per the approved landscape
plans.
24. The building plans shall be consistent with the approved elevations and exhibits of the
preliminary development plans dated April 16, 2024, except as modified by these
conditions. Exterior building elevations showing building wall materials, roof types,
exterior colors, and appropriate vertical dimensions shall be included in the
development construction drawings.
25. The building plans shall abide by the Architectural Review Commission approval of
Design Review 23-0023 of the May 14, 2024, approval as summarized in the “Notice
of Action” dated May 28, 2024.
26. Prior to building permit issuance, the Applicant shall submit plans for the final design
of all site walls, fences and gates subject to review and approval by the Palm Desert
Development Services Department. The fence and wall plans shall substantially
conform with the Preliminary Fence and Wall exhibit included with the Preliminary
Landscape Exhibit dated June 10, 2024 except as modified by Conditions of the
Architectural Review Commission approval of May 14, 2024.
A. Prior to the issuance of a certificate of occupancy for any residential unit in
the tract, the perimeter walls of the respective lot shall be completed.
B. Prior to the issuance of the certificate of occupancy for the final unit of the
tract, all site walls, fences, and gates shall be completed.
27. Prior to the issuance of a certificate of occupancy for the final unit of the tract, the
applicant shall construct a monument sign at the westerly entrance of the tract. All
exterior signage shall comply with Chapter 25.56 of the PDMC and may require
approval by the Palm Desert Architectural Review Commission.
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28. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary exhibits including the Preliminary Grading Plan Dated April 19,
2024 and Preliminary Landscaping Exhibit dated June 10, 2024. The pedestrian
connections shall, at a minimum comply with building requirements for width and
access.
29. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of direct view from
any public street or adequately screened using landscaping and/or permanent
screening devices.
30. 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.
31. The lot and development standards of the tract shall be as listed below. Any request
to amend these standards for the tract shall require an amendment of this Precise
Plan.
Development Standard Requirement
Lot Standards
Minimum Lot Area (Square-Feet) 5,500 SF
Minimum Lot Width (Feet) 50’-0”
Minimum Lot Depth (Feet) 110’-0”
Building Standards
Minimum Front Yard – Living Area (Feet) 10’-0”
Minimum Front Yard – Garage (Feet) 18’-0”
Minimum Side Yard - Interior and Street (Feet) 5’-0”
Minimum Rear Yard (Feet) 10’-0”
Maximum Building Height (Feet) 18’-0”
Maximum Lot Coverage (Percentage) 60% for Lot #1-4, 7-15, 30,
and 32-39
52% on all remaining lots
32. Accessory structures within the tract shall be subject to the Accessory Residential
Structure Chapter of the Palm Desert Municipal Code Section 25.40.050 established
pursuant to Ordinance 1267A.
33. Allowable encroachments shall be subject to the requirements of Palm Desert
Municipal Code Section 25.40.030 established pursuant to Ordinance 1393.
34. To avoid impacting nesting birds, one of the following must be implemented by the
project:
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Conduct grading and/or ground disturbing activities from September 16th through
January 31st when birds are not likely to be nesting on the site; OR
Prior to any ground disturbing activities occurring between February 1st and
September 15th, in accordance with the Biological Resource Assessment prepared by
Jennings Environmental Dated December 2023 and the recommendations made
therein, a qualified a qualified Avian Biologist will conduct pre‐construction Nesting
Bird Surveys (NBS) no more than 3-days prior to Project‐related disturbance to
nestable vegetation to identify any active nests. If no active nests are found, no further
action will be required. If an active nest is found, the biologist will set appropriate no‐
work buffers around the nest which will be based upon the nesting species, its
sensitivity to disturbance, nesting stage, and expected types, intensity, and duration
of the disturbance. The nests and buffer zones shall be field checked weekly by a
qualified biological monitor. The approved no‐work buffer zone shall be clearly marked
in the field, within which no disturbance activity shall commence until the qualified
biologist has determined the young birds have successfully fledged and the nest is
inactive. Prior to grading permit issuance, the applicant shall submit a fully executed
copy of the contract with a qualified Avian Biologist to the Development Services
Department.
35. Prior to the issuance of a building permit, the applicant shall pay all applicable Local
Development Mitigation Fees required of the development in accordance with the
Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP).
36. Prior to issuance of a grading permit, the project applicant shall retain a qualified
archaeologist and shall submit a fully executed copy of the contract with said qualified
archaeologist to the Development Services Department. In the event that potentially
significant archaeological materials are encountered during construction and/or any
ground-disturbing activities, all work shall be halted in the vicinity of the discovery until
the qualified archaeologist can assess the significance and integrity of the find. In the
event of any discoveries the Department of Development Services shall be
immediately notified. If intact and significant archaeological remains are encountered,
the impacts of the project should be mitigated appropriately.
37. All concrete driveway aprons within the subdivision shall extend to the property line.
38. The final building pad elevations shall conform to the approved pad elevations for each
lot shown in Exhibit B of Planning Commission Resolution 2873. Deviation from these
approved pad elevations may be permitted in accordance with Palm Desert Municipal
Code Section 27.12.045 pursuant to Ordinance 1382.
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ENGINEERING DIVISION:
39. The following plans, studies, and exhibits are hereby referenced: Shadow Ridge
Preliminary Grading and Utility Plan, prepared by Wilson Mikami Corporation and
dated April 19, 2024.
40. It is understood that the conceptual exhibits correctly show all existing easements,
traveled ways, and drainage courses with appropriate Qs, and that major
modification with the final plans and reports may require the applicant to process a
revised site plan through Planning Commission as directed by the City Engineer.
41. It is assumed that easements shown on the preliminary grading exhibit are shown
correctly and include all the easements that encumber the subject property. A
current preliminary title report for the site will be required to be submitted during
technical plan review. The applicant shall secure approval from all, if any, easement
holders for all grading and improvements, which are proposed over the respective
easement or provide evidence that the easement has been relocated, quitclaimed,
vacated, abandoned, easement holder cannot be found, or is otherwise of no effect.
Should such approvals or alternate actions regarding the easements not be
provided and approved by the City, the applicant may be required to amend or revise
the proposed site configuration as may be necessary.
42. If the developer chooses to construct the project in phases, a Construction Phasing
Plan for the construction of improvements shall be submitted for review and
approved by the City Engineer.
43. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
44. Prior to any work within the public right-of-way, the applicant shall obtain an
encroachment permit from the City’s Public Works Department.
45. Prior to issuance of grading permit, the applicant shall submit final Grading Plans,
at a scale no smaller than 1”=40’, for review and approval by the City Engineer. Final
grading plans 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.
A. The grading plan and hydrology report shall provide for acceptance and
proper conveyance of all off-site or on-site drainage flowing onto or
through the site.
B. Infiltration rates, for purposes of sizing retention facilities in the final
hydrology report, shall be no more 2 inches per hour and only if
percolation tests are conducted in the field by a licensed geotechnical
engineer, validating at least twice this amount.
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C. Pad elevations, as shown on the conceptual exhibit, are subject to review
and modification per Chapter 27 of the PDMC.
46. Prior to grading plan approval, project entrances along Shadow Ridge Road
(Private), accessed via Monterey Avenue and Gerald Ford Drive, shall provide the
following:
A. A vehicle stacking lane with a minimum length of 60-ft from entry street’s
curb face to provide for three car queuing in front of a keypad, gate house
or entry devise
B. A second entry lane for residents, separate from guests, must be provided
if gate is restricted.
C. An adequate vehicle turnaround area must be provided in front of the gate
if access is denied or not allowed. Design must be approved by the City
Engineer.
D. A separate pedestrian entry for entrance and exit must be provided and
approved by the City Engineer to avoid pedestrian vehicular interaction.
E. Adequate signage from a gated entrance that clearly designates any
restricted access must be provided and shown on the Street Improvement
Plans to the satisfaction of the City Engineer.
47. Prior to issuance of grading permit, the applicant shall obtain proper authorization
for any work outside the project boundary, including easement(s) for grading,
access, and maintenance of proposed offsite slopes. For all other temporary offsite
grading, written permission from adjacent property owners shall be submitted prior
to grading permit issuance.
48. Installation of full trash capture systems will be required at all new and existing catch
basins within the project site to the satisfaction of the City Engineer and included for
perpetual maintenance in the Final WQMP.
49. Prior to issuance of grading permit, the applicant shall prepare a Storm Water
Pollution Prevention Plan (SWPPP) in conformance with the State’s current
Construction Activities Storm Water General Permit.
50. 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. The Waste
Discharger’s Identification number (WDID#) shall be noted on the grading plans.
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PLANNING COMMISSION RESOLUTION NO. 2874
51. 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.
52. Prior to issuance of grading permit, the applicant shall obtain the relevant permit(s)
for the hauling of imported or exported earthwork materials.
53. Prior to issuance of grading permit, a site-specific geotechnical report shall be
submitted for review and approval and the Geotechnical Engineer shall approve the
grading plans are in conformance to their recommendations and conclusions.
54. It is assumed that the grading and the provisions for water quality management
shown on the conceptual grading exhibit and Preliminary Water Quality
Management Plan 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 the applicant shall submit 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.
55. Prior to issuance of grading permit, and in compliance with the City’s Municipal Code
Chapter 27.24, the applicant shall enter into an agreement and post financial
security to guarantee the safe completion of grading operations and implementation,
including as necessary, maintenance of erosion control measures.
56. The applicant shall monitor, supervise, and control all construction related activities,
so as to prevent these activities from causing a public nuisance, including but not
limited to, insuring strict adherence to the following:
A. Removal of dirt, debris, or other construction material deposited on any
public street no later than the end of each working day.
B. Observance of working hours as stipulated on permits issued by the Land
Development Division.
C. The construction site shall accommodate onsite parking of all motor
vehicles used by persons working at or providing deliveries to the site.
D. All dust control measures per PM10 and South Coast Air Quality
Management District (SCAQMD) requirements during the grading
operations.
Violation of any condition, restriction or prohibition set forth in these conditions
shall subject the owner, applicant, developer or contractor(s) to remedy as noted
in Section 24.12.070 of the Municipal Code. In addition, the City Engineer may
suspend all construction related activities for violation of any condition, restriction
or prohibition set forth in these conditions until such time as it has been
determined that all operations and activities are in conformance with these
conditions.
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57. Prior to building permit issuance, the applicant shall record the final map related to
VTTM No. 38866.
58. Prior to building permit issuance for the first building, an emergency vehicle access
road(s) shall be constructed per Fire Department’s requirements.
59. Prior to building permit issuance, the applicant shall pay all appropriate signalization
and impact fees in accordance with the City’s Resolution No. 79-17 and 79-55.
60. Prior to building permit issuance, the project’s Geotechnical Engineer shall certify
the completion of grading in conformance with the recommendations of the
approved geotechnical report.
61. Prior to building permit issuance, applicant shall provide grading pad or form
certification by a licensed Land Surveyor or Civil Engineer of Record in a form
approved by the City Engineer.
62. Prior to occupancy for the first building, the applicant shall provide to the City written
proof of Coachella Valley Water District acceptance of all relevant water and sewer
improvements.
63. Prior to occupancy for the first building, the applicant shall complete all public
improvements in conformance with the current City standards, including but not
limited to the following:
A. Street improvements, to include any required emergency access routes,
completed with, but not limited to, pavement, base, curb and/or gutter
repair, sidewalk repairs, driveway approaches, pedestrian ramps, curb
ramps, signing, striping, landscaping and irrigation.
B. Sewer and water systems
C. Undergrounding of all proposed utilities
D. Storm drain facilities such as storm drain laterals and catch basins as
applicable.
BUILDING AND SAFETY DIVISION:
64. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards.
C. California Plumbing Code and its appendices and standards.
D. California Mechanical Code and its appendices and standards.
E. California Electrical Code.
F. California Energy Code.
G. California Green Building Standards Code.
H. Title 24, California Code of Regulations.
I. California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2874
65. The Applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211
66. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
67. All contractors and/or owner-builders must submit a valid Certificate of Workers’
Compensation Insurance coverage before the issuance of a building permit per
California Labor Code, Section 3700.
68. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC
Section 15.28). Compliance with Ordinance 1351 regarding street address location,
dimension, a stroke of line, distance from the street, height from grade, height from
the street, etc., shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. The Applicant may request a copy of Ordinance 1351 or PDMC
Section 15.28 from the Building and Safety Division counter staff.
FIRE DEPARTMENT:
69. Prior to grading permit issuance, the applicant or developer shall furnish one copy of the
water system plans to the Fire Department for review. Plans shall be signed by a
registered civil engineer, containing a Fire Department approval signature block, and
shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are
signed by the local water company, the originals shall be presented to the Fire
Department for signature.
70. Prior to grading permit issuance, the applicant shall submit Precise Grading Plans
identifying on-parcel Fire Access Road improvements to all structures in compliance with
Fire Department Standards.
71. Prior to building permit issuance, 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. Contact the Riverside
County Fire Marshal’s office for submittal instructions.
72. Prior to building permit issuance, the required water system, including all fire hydrant(s),
shall be installed, and accepted by the appropriate water agency and the Riverside
DocuSign Envelope ID: B05F19C4-1FCB-46E8-81AB-FAF4CF8006BB
PLANNING COMMISSION RESOLUTION NO. 2874
County Fire Department prior to any combustible building material placed on an
individual lot. Contact the Riverside County Fire Department to inspect the required fire
flow, street signs, all weather surface, and all access and/or secondary access.
Approved water plans must be at the job site.
73. Prior to permit issuance, submittal of construction plans to the Fire Department will be
required. This will require a separate permit application submitted directly to the Fire
Department. This shall include a full site plan including all fire apparatus access roads.
Final fire and life safety conditions will be addressed when the Fire Department reviews
these plans. These conditions will be based on California Fire Code, California Building
Code (CBC), and related codes/standards adopted at the time of construction plan
submittal. Contact the Riverside County Fire Marshal’s office for submittal instructions.
END OF CONDITIONS
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