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HomeMy WebLinkAbout2015-02-17 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, FEBRUARY 3, 2015 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Ken Stendell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Sonia Campbell Commissioner Roger Dash Commissioner Nancy DeLuna Vice Chair John Greenwood Chair Ken Stendell Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Eric Ceja, Associate Planner Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Roger Dash led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of January 22, 2015, the City Council had the first reading to make minor modifications to Title 25 of the zoning ordinance. They also discussed the issue of drive-through restaurants, and they decided to have it studied as part of the General Plan Update. Lastly, the Council considered a proposal for a large family day care center on Fairway Drive. They directed staff to return with a resolution approving the day care center without the requirement for limited hours, limited PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 2 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx season, and no requirement for van transportation from the church/school to the day care center. The resolution will be taken back to the Council on February 12. Commissioner Campbell asked if the children will be crossed in the middle of the street. Ms. Aylaian replied yes. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 20, 2015. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Dash, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a zoning ordinance amendment (ZOA) to Palm Desert Municipal Code Section 25.40.080 “Fences and Walls” to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City’s Architectural Review Commission’s exceptions procedure. Case No. ZOA 14-421 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, stated that after the City Council heard two appeals for wood fence exceptions, they directed staff to form a committee to review the fence and wall ordinance. The committee was formed, and they discussed the ordinance provisions at two meetings. He noted that the ordinance pertaining to fences and walls was changed approximately two decades ago to prohibit wood fences that are visible from public streets. Wood material was prohibited because it was determined that wood deteriorates quicker than other PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 3 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx materials due to the sun, heat, and over spray from landscape irrigation. He stated that the current code reads that existing nonconforming fences can be repaired, unless it is a major structural repair. He said that the code has been interpreted as allowing homeowners to repair up to 50 percent of the existing nonconforming fence, which has not resulted in a desirable outcome. He displayed photos of fences to show as examples. Mr. Ceja stated that the committee decided to strike that language from the ordinance, and add new language that would allow homeowners to replace existing fences as long as the new and old materials match. The committee added other language to reinforce the prohibition on wood fences by stating that changes in design or material type would now have to conform to the existing ordinance that calls for block walls. In addition, new language was added to reinforce that existing wood fences must be maintained according to the property maintenance ordinance. He noted that the committee asked for an exception for materials, including wood, to not be allowed for review when visible from the public right-of-way. Mr. Ceja stated that the ARC reviewed the proposed ordinance amendment, and they prefer to see an outright prohibition on wood fences. However, the ARC understood the committee’s concern with financial hardship for property owners, and recommended approval of the proposed changes. He offered to answer any questions. Commissioner Dash referred to the provision that states a property owner be allowed to maintain their nonconforming fence in perpetuity until they choose to replace the material. He asked if this applies only to the current owner, or is it transferred to the new owner. Will the new owner have to bring the fence into compliance? Mr. Ceja responded that the existing wood fence, regardless of a property transfer, would be allowed to remain in perpetuity as long as it is maintained in accordance with the property maintenance ordinance. Commissioner DeLuna asked if a fence is 50 percent in a state of disrepair, can the code require the property owner to maintain and repair the fence. Does the City have the authority? If a code officer drives by a property that has a fence in disrepair, can the officer give the property owner a citation to either replace the existing wood fence or install a conforming fence material? Is that how the ordinance will read? Mr. Ceja replied that is correct. Commissioner DeLuna referred to a condominium project that was recently approved on Shadow Mountain Drive. She inquired about the City having the ability to add a condition on a project to have a block wall instead of a wood fence. Ms. Aylaian responded that the condominium project, if a block wall was not being proposed, would require a discretionary approval by the Planning PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 4 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx Commission. Therefore, the Planning Commission would be able to impose conditions on a project. Mr. Tony Bagato, Principal Planner, added that there would need to be a valid nexus to say that there would be a need for a block wall versus a wood fence to make that determination. He stated that if there is no valid concern, the City cannot force a block wall to be installed. After a brief discussion on adding a condition for a block wall, Ms. Aylaian commented that staff would consult with the City Attorney to make sure an added condition would withstand scrutiny. Commissioner DeLuna reaffirmed that it is possible to add a condition. Ms. Aylaian replied yes. Vice Chair John Greenwood asked when a block wall goes before the ARC, is it handled mostly at staff level? What are the requirements in terms of aesthetics? Mr. Ceja explained that the property owner will visit the Planning Department, and let staff know that they are interested in repairing or replacing their wood fence. Staff will first check if it is not visible from the street, if not, staff will approve it. However if the fence is visible from the street, staff will let the property owner know that the material is prohibited and they would need a block wall with a gate. Vice Chair Greenwood clarified that before the Planning Commission is a nonconforming revision to the zoning ordinance. Mr. Ceja replied that is correct. He stated that the ordinance changes deal specifically with nonconforming fences, which it is an attempt to address wood fences in the community. Commissioner DeLuna asked who decides when a fence is in a state of disrepair, and the property owner is required to repair or replace the fence. Mr. Ceja responded that typically it would be the Code Department while canvassing the community. Commissioner DeLuna inquired what type of material is used for a gate, if there is a block wall. Mr. Ceja replied that wrought iron gates are allowed. A well designed gate will also be allowed. Commissioner Campbell asked why a gate would be required if they have a block wall. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 5 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx Mr. Ceja replied that they are not required to add a gate. He stated that only in situations where the property owner has an existing gate to access their side yard. Commissioner Campbell asked if it is not mandatory to have a gate. Mr. Ceja said that they need one for fire access and only one is needed. Chair Stendell asked when a six-foot fence repair requires a permit. He pointed to one of the fences displayed in the photos, and also asked when a property owner would come in to see the Planning Department for a fence repair. Mr. Ceja responded that the property owner would only come in on their own choosing if they want to replace the fence themselves, or if they were cited by the Code Department. Chair Stendell asked how you make a property owner accountable to see the Planning Department to repair or replace a fence. Mr. Ceja answered that the City would have to rely heavily on the Code Compliance Department to flag property owners, and have them talk to the Planning Department. Vice Chair Greenwood commented that there was a representative from Lowe’s on the committee. He asked if there was discussion on educating retail staff so they can make the customer aware of the process in place. Mr. Ceja responded that there is educational material that could be given to the retailers. He mentioned that staff ran into a similar issue with paint color changes on homes. Staff canvassed paint contractors with notices, as well as paint supply businesses in the community. Vice Chair Greenwood asked if staff will send out material pertaining to the fences and walls. Mr. Ceja replied yes, if the amendment to the zoning ordinance is approved. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Stendell declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve recommending to the City Council a ZOA to Palm Desert Municipal Code Section 25.40.080 “Fences and Walls” to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City’s Architectural Review Commission’s exceptions procedure. Motion was seconded by Commissioner Campbell PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 6 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2644, approving ZOA 14-421. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None C. GENERAL PLAN UPDATE Vice Chair Greenwood reported that the General Plan Update Technical Working Group met on Friday, January 23, and the consultant provided another great presentation. He stated that the community workshop scheduled for February 5 has been postponed. Ms. Aylaian announced that the new date is Thursday, March 5; 3:30 to 5:30 p.m. at the Desert Willow Clubhouse. Commissioner DeLuna stated that she regrets there is a conflict with her schedule. She will be attending the League of California Cities Planning Commissioners’ Academy, and she will not be able to attend the next General Plan Update community workshop. XII. COMMENTS Vice Chair Greenwood commented that he likes the aesthetic of block walls. However, he lives in a neighborhood that was built in the 80’s in Palm Desert, and it has predominately wood fences. He stated that he appreciates the hard work that went into the fences and walls ordinance amendment. Chair Stendell mentioned that the committee had a representative from the Palm Desert Country Club Homeowners’ Association, which is another community with PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 7 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx predominately wood fences. He said that Code Compliance could only do so much. However, the homeowners’ association can act as a policing agency too. Commissioner DeLuna inquired if public or private safety comes into play when a fence which is in bad condition can fall and injure someone. Ms. Aylaian responded that if it could fall in a public right-of-way, it would become an issue and could be addressed. Commissioner DeLuna asked if a fence has been blown over several times, could the City replace it and file a lien on the property. Ms. Aylaian replied that the City could if it was really a public nuisance. However, the City does not collect on the liens until the owner sells the property. XIII. ADJOURNMENT Upon a motion by Commissioner Greenwood, second by Commissioner Campbell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), Chair Stendell adjourned the meeting at 6:35 p.m. KEN STENDELL, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY PLANNING COMMISSION RESOLUTION NO. 2645 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A DEVELOPMENT AGREEMENT AND SPECIFIC PLAN, A GENERAL PLAN AND ZONING AMENDMENT TO ESTABLISH LAND USE DESIGNATIONS, A TENTATIVE PARCEL MAP TO ESTABLISH NINE PARCELS WITHIN THE SPECIFIC PLAN AREA, AND A TENTATIVE TRACT MAP TO SUBDIVIDE 38+ ACRES INTO 166 SINGLE-FAMILY HOME LOTS, LOCATED ON 152 ACRES NORTH OF GERALD FORD DRIVE, SOUTH OF UNION PACIFIC RAILROAD, EAST OF PORTOLA AVENUE AND WEST OF TECHNOLOGY DRIVE CASE NOS: DA/GPA/CZ/EA 14-332; TPM 36792; TTM 36793 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of February 2015, hold a duly noticed public hearing to consider the request by PD 80 T & S, LLC and Palm Desert University Gateway, LLC , for approval of the above noted; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act,” Resolution No. 2014-41, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; 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 the approval of said request: 1. The Millennium Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan including that the project will provide alternate means of transportation, development of a segment of the Mid- Valley Bike Path, provide additional affordable housing units, provide local employment centers in close proximity to residential land uses, increase the City’s sales tax base, and provide recreational open space. 2. The Millennium Specific Plan complies with provisions of the University Park Area in that the plan provides a balance of land use intensities and open space, provides for efficient multi-modal interconnectivity, and complies with the “High-Density Overlay” provisions for the area. 3. The Millennium Specific Plan will provide land use compatibility within the boundaries of the planning area and with adjacent properties as the proposed PLANNING COMMISSION RESOLUTION NO. 2645 2 uses and development standards are similar to existing uses to the south, west and east. 4. The Millennium Specific Plan is suitable and appropriate for the property in that the property has been designated for commercial, industrial, residential and open space uses and that development will comply with applicable City standards and standards approved as part of the Specific Plan. 5. That the proposed Tentative Parcel Map and Tentative Tract Map are not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. Findings for Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The project includes a mix of housing densities inclusive of single-family detached homes and multi-family apartment units with affordable housing components. General Plan Land Use Element Residential Goal 1 proposes that “A balanced range of housing types, densities and affordabilities that accommodate existing and future residents across all socio-economic sectors of the community.” The Specific Plan, and the parcel and tract maps that initiate the subdivision of land within the project boundaries, comply with this General Plan Goal in that sixty-six (66) affordable housing units will be provided by the developer upon completion of the project and the City will construct up to 200 units for affordable housing. The single-family portion of the Specific Plan also provides a mix of product types and lot sizes. The diverse range of housing types within the project area complies with this goal and the mix of densities is consistent with the City General Plan. The project is also within the University Park Planning Area (UPPA), which is a special study area intended to build on synergies created by the proximity of the UCR/CSUSB Palm Desert campuses. As such, the UPPA calls for a wide range of residential, commercial, resort, business park and institutional uses within the planning area. Higher residential densities are applied to accommodate a greater number of residents closer to the universities. The Specific Plan provides guidelines for the inclusion of a mix of housing types and densities, including densities that comply with the City’s Medium High Density Overlay. As proposed, the project conforms to densities of the UPPA. PLANNING COMMISSION RESOLUTION NO. 2645 3 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel and tract maps have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor striping and roadway dedication is needed to complete existing streets. In addition, the applicant will complete Dinah Shore Drive and Technology Drive to their ultimate build-out. Internal project streets that serve Tentative Tract Map 36793 conform to City standards and are consistent with adjoining residential developments. 3. That the site is physically suitable for the type of development. The 152 acres contained in the Millennium Specific Plan is suitable for the development proposed. Environmental, cultural, and other special studies were prepared for lands within the project area. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it’s reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. The project area borders existing single-family development to the west and existing commercial development to the east. As proposed, the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan proposed commercial and hotel development within the eastern portion of the project area at heights and intensities similar to existing commercial and hotel uses in the vicinity. The Specific Plan also proposes lower density single-family homes directly across from existing single-family homes. The proposed single-family home densities are similar to and compatible with surrounding single-family developments. In addition, the location of the lower density single-family within the western portion of the project area provides a buffer and transition to denser multi-family housing in the middle of the project area. PLANNING COMMISSION RESOLUTION NO. 2645 4 The proposed project densities are similar to existing multi-family residential development within the UPPA. The proposed density for the multi-family site is consistent with the High Density Overlay zone provided in the UPPA. The location of the higher density residential uses is well suited as they are in close proximity to existing and future employment opportunities and recreational open space. The infrastructure, soils, and terrain serving the development will adequately support these densities. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi-Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 166 single-family lot subdivision are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses and surrounding roadways, which decreases the need for vehicular traffic between adjoining properties. Mitigation measures are also in place to minimize air pollution on sensitive land uses located within 500-feet of Interstate 10. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will utilize and enhance existing drainage easements located along the northern boundary of the project. The parcel map identifies the use of this area and will record an easement for drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100% of the 100-year storm. Surrounding perimeter City streets are built-out to the General Plan designation and the developer will complete Dinah Shore Drive and Technology Drive to their ultimate build-out. The City’s Mid-Valley Bike Path will also be completed by the developer PLANNING COMMISSION RESOLUTION NO. 2645 5 within the Project Area, providing additional access through and around the site. Pedestrian connections will also be provided throughout the project area. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve DA/GPA/ZC/EA 14-332 and TPM 36792 and TTM 36793, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 17th day of February 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KEN STENDELL, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2645 6 CONDITIONS OF APPROVAL CASE NOS. DA/GPA/CZ/EA 14-332, TPM 36792, AND TTM 36793 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record both Parcel Map 36792 and Tract Map 36793 within one (1) year of project approval. Construction of improvements, in accordance with the approved Development Agreement, shall commence within two (2) years from the date of approval unless a time extension 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 the approved Specific Plan and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. PLANNING COMMISSION RESOLUTION NO. 2645 7 7. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 8. Each Planning Area shall be subject to all applicable fees at time of issuance of building permits for improvements within that Planning Area. 9. The applicant shall provide a pedestrian connection between Planning Area 1 and Planning Area 2. The pedestrian connection shall be construction prior to build-out of Planning Area 1, at the time Planning Area 2 is developed, or whichever occurs first. 10. Prior to the development and construction of improvements within Planning Area 1 of the Specific Plan, the applicant shall submit an Architectural Review application for the interior common area and perimeter landscaping, perimeter wall design, and home architectural plans for the residential units. Submittal of these plans shall be in accordance with the Community Development Department’s Architectural Review application. 11. Prior to the development and construction of improvements within Planning Areas 2 thru 7, the property owner shall submit a Precise Plan application to the City’s Community Development Department. Precise Plan applications shall be submitted for the development of a single Planning Area or multiple Planning Areas. The Precise Plan application will require public hearings with the City’s Planning Commission. 12. The applicant shall enter into a Housing Agreement with the City prior to the development of Planning Area 7. The Agreement shall be in accordance with provisions related to affordable housing contained in the Development Agreement. 13. All Planning Areas shall develop in a manner consistent with the Development Standards contained in the Specific Plan. All other development standards, not addressed in the Specific Plan, shall comply with the Palm Desert Municipal Code. 14. The applicant shall apply for a Change of Zone application should Planning Areas 5 and 6 opt to utilize the Mixed Use Overlay District. The Change of Zone application should be included with the Precise Plan application for the development of either Planning Area. 15. The developer shall install center medians and perimeter roadway and center median landscape in accordance with the Development Agreement for the Dinah Shore Drive extension, between Portola Avenue and Gerald Ford Drive. The developer shall maintain the landscape, including electrical and water metering, in accordance with City standards along this portion of Dinah Shore Drive for a period of no less than five (5) years from the time of median landscape completion. PLANNING COMMISSION RESOLUTION NO. 2645 8 16. The applicant shall submit landscape plans for the installation of tree plantings and irrigation improvements along the project’s northern boundary, along with the Architectural Review application for the development of Planning Area 1. Installation of the irrigation improvements and plantings shall commence prior to the issuance of the first building permit for Planning Area 1. Landscape improvements along the northern boundary shall be completed prior to the issuance of the 80th building permit for Planning Area 1. 17. The developer shall coordinate the placement and construction of driveway accesses along Dinah Shore Drive and Technology Drive in order to minimize the total number of driveway approaches into individual Planning Areas. The placement of driveways to serve individual Planning Areas shall generally conform to Exhibit 10 of The Millennium Specific Plan. 18. The applicant shall pay into the City’s Public Art Fee for Planning Area 1 of the Specific Plan. It is recommended that this fee be used for an onsite public art project within Planning Area 1. The remaining Planning Areas shall pay into the City’s Public Art Fee at the time a Building Permit is issued for the development of said Planning Areas. 19. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 20. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. 21. The Final Development Agreement shall be recorded within ten (10) days of final approval of the project by the City Council. DEPARTMENT OF PUBLIC WORKS: Tentative Parcel Map 36792 1. The parcel map shall be submitted to the City Engineer for final review and approval. 2. Easements for drainage, bike paths, sidewalks, and public utility purposes shall be required on the parcel map. 3. Waiver of access rights shall be granted on the parcel map. 4. Right-of-way as may be necessary for the construction of required public improvements shall be provided on the parcel map. 5. Horizontal control requirements shall apply to this map, including state plan coordinates, which shall conform to City of Palm Desert specifications. PLANNING COMMISSION RESOLUTION NO. 2645 9 6. 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. 7. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 8. Mass grading shall be allowed for this parcel map if a semi-permanent water system is installed after grading and the area had dust suppressant applied every six months thereafter. 9. Prior to City Council approval of final parcel map 36792, the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off-site improvements. Improvement shall be in accordance with the approved Development Agreement and shall include; but are not limited to: A. The extension of Technology Drive. Technology Drive west shall be limited to right-in/right-out access on Gerald Ford Drive. B. Construction of an eight (8) foot wide sidewalk and an eight (8) foot wide striped bike lane on the east side of Portola Avenue. C. Construction of landscape medians on Dinah Shore Drive. The maintenance of the medians shall be the responsibility of the owner/association. The developer shall maintain the median on Dinah Shore Drive for a period of five (5) years or until the Park is constructed. D. Installation of a City designed traffic signal at the intersection of Dinah Shore Drive and Portola Avenue. Once installation is complete, the owner shall submit a request for reimbursement of the cost of installation to the Public Works Department for City Council approval. E. Construction of a pork chop island on the southwest corner of Dinah Shore Drive and Portola Avenue. F. Construction of traffic circles on Dinah Shore Drive, midway between Portola Avenue and Gerald Ford Drive, as shown on the tentative map. G. The extension of Dinah Shore Drive from Portola Avenue to Pacific Drive. 10. Parcel Map 36792 shall retain to the 100-year storm within the parcel boundary. 11. The developer shall submit a payment in lieu of construction of the Mid-Valley Bike Path in the amount of $772,504. 12. The owner/association of any parcel contributing drainage to the Mid-Valley Channel shall have maintenance responsibilities. 13. The applicant shall submit Covenants, Conditions, and Restrictions (CC&R’s) concurrently with the final map for review and approval by the Public Works Department and the Community Development Department. Once approved by the City, the CC&R’s shall be recorded with the County Recorder’s Office. PLANNING COMMISSION RESOLUTION NO. 2645 10 14. The applicant/owner’s association shall maintain the storm drain systems that benefit them in conformance with the approved hydrology and storm drain plans. Tentative Tract Map 36793 1. The tract map shall be submitted to the City Engineer for final review and approval. 2. Horizontal control requirements shall apply to this map, including state plan coordinates, which shall conform to the City of Palm Desert specifications. 3. The applicant shall submit CC&R’s concurrently with the final map for review and approval by the Public Works Department and the Community Development Department. Once approved by the City, the CC&R’s shall be recorded with the County Recorder’s Office. 4. Signalization fees, in accordance with City of Palm Desert resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project or the recordation of the tract map. 5. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance number 653 shall be paid prior to recordation of the tract map. 6. Park fees in accordance with the Palm Desert Municipal Code Section 26.48.060 shall be paid prior to the recordation of the tract map. 7. The applicant shall submit a grading plan to the Public Works Department for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 8. The applicant shall identify all proposed and existing utilities on the precise grading plan. 9. Drainage shall be retained within the boundaries of Parcel Map 36792. 10. 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. 11. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 12. The applicant shall submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County Recorder Office and a conformed copy shall be provided to the Public Works Department. PLANNING COMMISSION RESOLUTION NO. 2645 11 13. 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. 14. The applicant shall submit a PM10 application to the Public Works Department for approval prior to issuances of a grading permit. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 15. The applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of off-site improvements. Improvements shall be in accordance with the approved Development Agreement. 16. The applicant shall submit a landscape plan concurrently with the precise grading plan for review and approval. The applicant is advised to use the City of Palm Desert Design Guide when designing landscape plans. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert’s Water Efficiency Landscape Ordinance. B. Planting plans must show location of proposed and existing utilities. C. Must match approved civil plans. D. All specs and details must be site specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. BUILDING AND SAFETY DEPARTMENT 1. Development of this project shall comply with the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Residential Code and its appendices and standards. C. 2013 California Plumbing Code and its appendices and standards. D. 2013 California Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2013 California Energy Code. G. 2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. PLANNING COMMISSION RESOLUTION NO. 2645 12 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 3. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 4. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 5. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 8. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 9. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 10. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from 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. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 11. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. PLANNING COMMISSION RESOLUTION NO. 2645 13 FIRE DEPARTMENT: 1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 2. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings and 4,000 PGM at 20-PSI residual operating pressure for a 4-hour duration for multi- family projects. The developer shall also provide a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure with a 4-hour duration for all commercial land developments. 3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6” x 4” 2 ½” outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi-family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 5. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 6. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not less than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not less than 13 feet and 6 inches. 7. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi-family developments. 8. Dead end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. PLANNING COMMISSION RESOLUTION NO. 2645 14 9. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued. 10. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 11. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 12. A “Knox-box” shall be provided and shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. 13. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel.