HomeMy WebLinkAboutRes No 528PLANNING COMMISSION RESOLUTION NO.528
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A CHANGE OF ZONE FROM R-1 10,000
TO R-2 8,000, AND A 38 LOT TENTATIVE TRACT MAP;
APPROVING A CONDITIONAL USE PERMIT FOR PLANNED
RESIDENTIAL DEVELOPMENT.
CASE NOS. CZ 07-79, TT 14999, and CUP 05-79
WHEREAS, The Planning Commission of the City o Palm Desert,
California, did on the 4th day of September, 1979, hold a duly noticed
Public Hearing and a continued Public Hearing on the 19th day of Sept-
ember, 1979, to consider the request by WESTSIDE ENTERPRISES LTD., for
a Change of Zone from R-1 10,000 (Single Family Residential, min. 10,000
sq. ft. lot size), a Conditional Use Permit for Planned Residential in
the R-2 8,000 zone, consisting of 36 detached dwelling units, and a 38
lot Tentative Tract Map on 11 gross acres located between Skyward Way and
Homestead Road, and bounded on the east by Chia Drive, the site being
more particularly described as:
APN 630-190-012
WHEREAS, said applications have complied with the require-
ments of the"City of Palm Desert Environmental Quality Procedure, Resolu-
tion No. 78-32," in that the Director of Environmental Services has de-
termined that this project will not have a significant adverse effect
on the environment and a Negative Declaration has been prepared; and,
WHEREAS, at said Public Hearing, upon hearing and considering
the testimony and arguments, if any, of all interested persons desiring to
be heard, said Planning Commission did find the following facts to justify
their recommendations as described below:
1. Change of Zone:
a. The land use resulting from the Change of Zone
would be compatible with adjacent existing and
proposed land uses.
b. The density resulting from the Change of Zone
would be compatible with densities permitted in
the adjacent areas.
c. The proposed Change of Zone would be compatible
with the adopted Palm Desert General Plan.
2. Tentative Tract Map
a. The subject Tentative Map does substantially comply
with Chapter 26 of the City of Palm Desert Municipal
Code, and the State of California Subdivision Map Act,
as amended.
b. The subject Tentative Map does comply with the adopted
General Plan and the Palm Desert Zoning Ordinance.
c. The site is physically suitable for the type of develop-
ment proposed.
d. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage or
serious health problems.
PLANNING COMMISSION Page Two
RESOLUTION NO.528
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons desiring to
be heard, said Commission did find the following facts and reasons to exist
to justify the granting of said Conditional Use Permit:
1. The proposed location of the conditional use and the
conditions under which it will be operated and main-
tained will not be detrimental to the public health,
safety, or general welfare, or be materially injurious
to the properties or improvements in the vicinity.
2. The proposed location of the conditional use is in
accord with the objectives of the Zoning Ordinance
and the purpose of the district in which the site is
located.
3. The proposed conditional use complies with the goals,
objectives, and policies of the City's adopted General
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, as follows:
1. That the above recitations are true and correct and consti-
tute the findings of the Commission in these cases;
2. That it does hereby recommend to the City Council approval
of a Change of Zone from R-1 10,000 to R-2 8,000, as shown
on the attached map labeled Exhibit "A";
3. That it does hereby recommend conditional approval to the
City Council of the City of Palm Desert of the above de-
scribed Tentative Map No. 14999 for the reasons set forth
in this Resolution and subject to the attached conditions,
labeled Exhibit "B"; and,
4. That the Conditional Use Permit (CUP 03-79) is hereby
granted subject to the attached conditions, labeled
Exhibit "C".
FURTHER, BE IT RESOLVED that the recommended conditions of
approval do include a requirement that the applicant pay in -lieu fees to
comply with the requirements of Article 26.48 of the City of Palm Desert
Subdivision Ordinance. In return, it is recommended that the City Council
agree to use said fees for park purposes in conformance with an adopted
master plan, within five (5) years of the recordation of the Final Map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this l9th day of September, 1979, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kryder, Miller, Snyder
0
Fleshman
Berkey
WALTER H. SNYDER, Cha man
ATTE
PAUL A. WILLIAMS, Secretary
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CITY OF PALM DESERT
PLANNING COMMISSION
RESOLUTION NO. 528
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DATE SEPT. 19 ,1979
PLANNING COMMISSION
RESOLUTION NO. 528
EXHIBIT "B"
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14999
Page Three
1. The development of the property described herein shall be subject to
the restrictions and limitations set forth herein which are in addition
to all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required
by Ordinance and the City Engineer shall be installed in accordance with
City standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
names with at least three alternatives. The approval of the final
street name shall be made by the Director of Environmental Services.
4. Access rights to Chia Drive, Little Bend Trail, Bel Air Avnue, and
Skyward Way (except for an entrance to Chia Drive, and on Emergency
access point to be determined) shall be offered to the City as a
dedication on the Final Map.
5. The C.C. & R.'s for this development shall be submitted to the City
Engineer for review and approval prior to the issuance of any building
permits. Prior to recordation of the final subdivision map, the
applicant shall submit to the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded.
c. Management and maintenance agreement to be entered into
with the owners of the units of the project.
6. Improvement plans for water and sewer systems shall meet the require-
ments of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having
jurisdiction over the subject area.
8. All dedicated land and/or easements required by this approval shall
be granted to the City of Palm Desert, without cost to the City and
free of all liens and encumbrances.
9. All on -site utilities, including cable TV, shall be placed under-
ground and shall be completely concealed from view except certain
appurtenances as may be approved by the Director of Environmental
Services.
10. Complete plans and specifications shall be submitted as required by
Ordinance to the City Engineer for checking and approval before con-
struction of any improvements is commenced. The subdivider shall
submit "as -built" plans prior to acceptance of the subdivision
improvements by the City.
11. In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
shall be installed as recommended by the Fire Marshal.
12. Prior to recordation of the Final Map, the developer shall furnish
the original and three (3) copies of the water system plan to the Fire
Marshal for review.
PLANNING COMMISSION
RESOLUTION NO. 528
EXHIBIT "B"
Standard Conditions: (cont.)
Page Four
13. All requirements of the City Fire Marshal from his letter of August
16, 1979, except item no. 6.
14. The water system shall be signed by a registered civil engineer and
approved by the water company, with the following certification: "I
certify that the design of the water system of Tract No. 14999 is in
accordance with the requirements prescribed by the City Fire Marshal."
15. Drainage shall be subject to approval of the City Engineer. Applicant
shall provide engineered data as requested.
16. All private streets shall be inspected by the Engineering Department
and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Conditional
Use Permit CUP 05-79 shall be met as a part of the development of this
tract.
18. The total number of lots shall be limited to 36 lots for dwelling
unit urposes, and other lots for common use as deemed necessary.
However, this may have to be reduced to 35 units at the request of
the fire marshal to provide an emergency access to the west.
19. The applicant shall have twelve (12) months from the date of the
approval or conditional approval of the tentative map for filing
of the final map unless an extension of time of up to eighteen (18)
months is granted by a Resolution of the City Council.
20. Drainage and Signalization Fund contributions as required by City
Ordinance shall be made prior to recordation of the Final Map.
21. Developer shall pay in -lieu fees for park and recreation purposes
to comply with the requirements of Article 26.48 of the City of Palm
Desert Subdivision Ordinance.
SPECIAL CONDITIONS:
1. Subdivider shall pay $1,800 to the signalization fund of the City of
Palm Desert.
2. Subdivider shall pay $16,650 into the drainage fund of the City of
Palm Desert.
3. All street improvements shall be constructed on Chia Drive. Safety
street lighting shall be installed at the entrance to this tract on
Chia Drive.
4. All storm waters shall be engineered for and approved by the Director
of Public Works.
5. Right-of-way dedications shall be per the Director of Public Works.
Chia shall be dedicated at Haystack and improved the full width as
a drainage conduit to the tract boundary.
6. Provisions shall be made on Arrow Trail for drainage coming from the
southeasterly per Director of Public Works approval.
7. The entire tract (except for approved openings) shall be bounded by
a min. 6 ft. high solid masonary wall, as approved through the Design
Review process. The wall along Skyward Way shall have an increased
setback with ornamental landscaping provided between it and the public
parkway.
PLANNING COMMISSION
RESOLUTION NO. 528
EXHIBIT "B"
Special Conditions: (cont.)
Page Five
8. All site grading (in addition to other approval reviews) shall
specifically be submitted to the Design Review Board for approval.
9. An improved easement for drainage purposes shall be provide at
the southeast corner of the site, as required by the Director of
Public Works. The tract map shall be revised to reflect this
condition, including if necessary, the reduction of the number
of building lots.
10. Method for erosion control of lots to be graded prior to building
permit issuance shall be submitted to the Director of Environmental
Services for approval, prior to the issuance of a grading permit.
11. This approval is subject to the parcel indicated as not a part on
the tentative tract map being available for road purposes at the
time of the recordation of the final map. If this does not occur,
the applicant shall file a revised tentative map providing for
alternative access to the subdivision, prior to the recordation
of the final map.
PLANNING COMMISSION
E LUTIBII C' NO. 528
EX
CONDITIONS OF APPROVAL
CASE NO. CUP 05-79
Standard Conditions:
Page Six
1. The development of the property shall conform substantially with
Exhibit A (Case No. CUP 05-79) on file with the Department of En-
vironmental Services, as modified by the following conditions.
2. Prior to the issuance of a building permit for construction of
any uses contemplated by this approval, the applicant shall first
complete all the procedural requirements of the City which
include, but are not limited to, Design Review, Subdivision pro-
cess, and building permit procedures.
3. Construction of project improvements shall be done in one phase. Individual
dwelling units may be constructed as each completes the Design Review process.
4. Construction of a portion of said project (with the exception of dwellings)
shall commence within one year from the date of final approval otherwise
said approval shall become null, void and of no effect whatsoever.
5. Prior to the issuance of any City permits for the commencement of
construction on said project, the applicant shall agree in writing
to these Conditions of Approval.
6. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
additions to all municipal ordinances and State and Federal Statutes
now in force, or which hereafter may be in force.
7. All existing electrical distribution lines, telephone, cable an-
tenna television, and similar service wires or cables, which are
adjacent to the property being developed shall be installed under-
ground as a part of development from the nearest existing pole
not on the property being developed.
8. All requirements of the City Fire Marshal shall be met as part of
the development of this project per attached letter dated August 16,
1979.
Noe 9. Construction plans shall be submitted for approval to the City
Fire Marshal prior to issuance of building permits. All conditions
shall be made a part of construction and no certificate of occu-
pancy shall be issued until completed.
10. Traffic control provisions shall be provided as required by the
Director of Public Works.
11. Curb, gutter, sidewalk or approved pathways, and tie-in paving
shall be provided in conformance with City Standards and/or as
required by the Director of Public Works.
12. Prior to issuance of a building permit for construction of any
use contemplated by this approval, the applicant shall first ob-
tain permits and/or clearance from the following agencies:
Riverside County Department of Health
Palm Desert Design Review Board Process
City Fire Marshal
Coachella Valley County Water District
Evidence of said permit or clearance from the above agencies
shall be presented to the Dept. of Building and Safety at the
time of issuance of a building permit for the use contemplated
herewith.
PLANNING COMMISSION
RESOLUTION NO. 528
EXHIBIT "C"
Standard Conditions: (Cont.)
Page Seven
13. No development shall occur on the subject property prior to the
recordation of a tract map.
SPECIAL CONDITIONS:
1. Landscaping, as approved through the Design Review process, shall be provided
in the common area and adjacent to all street frontages, and thereafter, be
maintained by an approved homeowners association.
2. Tennis courts shall be recessed to a level approved through the Design
Review process.
AGREEMENT
I accept and agree, prior to use of this permit or approval, to comply
with all the conditions set forth, and understand that the Department
of Building and Safety will not issue a building permit or allow occu-
pancy on the use permitted until this signed confirmation has been re-
ceived by the Department of Environmental Services.
(Date) (Applicant's Signature)
4torsie
PLANNING COMMISSION
RESOLUTION NO. 528
DEPART EN_'. OF FIRE PROTECTION
IN COOPERA T ION H ? HE:
c,AL FORMA DIVISION OF :'-.ORES! R Y
Di\V D i_.. F LAKE
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Page Eight
.! W E S'T
PDRRIS.
TELEPHONE
August 16, 1979
Reference: Case No. CUP 05-79 and Tract 14.999
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions must
be met:
1. Install a water system capable of delivering 1500 GPM fire flow for a two (2) hour
duration in addition to domestic or other supply. The computation shall be based
upon a minimum of 20 psi residual operating pressure in the supply main from which
the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants so that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel ways.
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
C. Curbs (if installed), shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the Building Department, and the original will
be returned to the developer.
4. The water system plan shall be signed by a registered civil engineer, and approved
by the water company, with the following certification: "I certify that the design
of the water system in Case Number CUP 05-79 is in accordance with the requirements
prescribed by the Fire Marshal.11
5. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
6. Interior street width should be increased to 36'.
7. Provide additional access for emergency vehicles.
ery/truly yours,
!_ /
David J. OrtecJe
Fire Marshal
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