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HomeMy WebLinkAboutRes No 1215PLANNING COMMISSION RESOLUTION NO. 1215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AND TENTATIVE TRACT MAP TO SUBDIVIDE 6.3 ACRES INTO THIRTEEN LOTS TO CONSTRUCT ELEVEN FOUR-PLEX APARTMENT BUILDINGS IN THE PR-7 ZONE ON MAGNESIA FALLS DRIVE, APPROXIMATELY 700 FEET EAST OF PORTOLA. CASE NOS. PP 87-11 AND TT 22393 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of April, 1987, hold a duly noticed public hearing to consider the request of NELSON DEVELOPMENT COMPANY, INC. for the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have a significant environmental impact and a negative declaration is hereby certified; 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 granting approval of said precise plan and tentative tract: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. That the proposed map is consistent with applicable general and specific plans. 5. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 6. That the site is physically suitable for the type of development. 7. That the site is physically suitable for the proposed density of development. 8. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. PLANNING COMMISSION RESOLUTION NO. 1215 9. That the design of the subdivision or the type of improvements is not likely to cause serious public health problem.. 10. 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. 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 commission in this case; 2. That approval of Precise Plan 87-11 and TT 22393 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st. day of April, 1987, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DOWNS, LADLOW, RICHARDS, WHITLOCK, AND ERW00D NONE NONE NONE / • RAMON A. DIAZ, Secreta /tm 2 (/1-r`!�' RICHARD ERWOOD, Chairman PLANNING COMMISSION RESOLUTION NO. 1215 CONDITIONS OF APPROVAL CASE NOS. PP 87-11 AND TT 22393 Department of Community Development/Planning: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Palm Desert Water & Services District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Trash provisions shall he approved by applicable trash company and city prior to issuance of building permit. 6. Project shall pay fees as determined by Desert Sands Unified School District. 7. The applicant will pay fees to comply with the requirements of Article 2648 of the City of Palm Desert Subdivision Ordinance. In return, the city agrees 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. 8. Project shall be subject to Art in Public Places fee per Ordinance No. 473. 3 PLANNING COMMISSION RESOLUTION NO. 1215 9. Installation of eight foot meandering sidewalk/bikepath along the north side of Magnesia Falls Drive connecting the Whitewater Channel Bikeway. 10. Pyramid roofs will be placed on all end units. 11. Car stalls shall be upgraded to comply with city code. 12. Landscaped islands and patterned/colored concrete will be used at driveway entrances and/or access points to Magnesia Falls Drive. 13. Street 'A' will be private and area gained will be redistributed between buildings for additional landscaped open space. 14. All driveways will measure 24 feet or as approved by the director of community development. 15. All conditions contained herein shall be complied with prior to permit issuance or recordation of the final map, whichever occurs first. 16. Setbacks may be modified, per discussion, to the satisfaction of the community development director. Department of Public Works: 1. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the Master Drainage Plan, to the specifications of the director of public works. 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. Full public improvements, including traffic safety lighting, as required by ordinance and the director of public works, shall be installed in accordance with city standards. 5. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the department of public works prior to the project final. 6. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval before construction of any improvements is commenced. The engineer shall submit "as -built" plans prior to the acceptance of the improvements by the city. 4 PLANNING COMMISSION RESOLUTION NO. 1215 7. All private streets, driveways and parking Tots shall he inspected by the engineering department and a standard inspection fee shall he paid prior to recordation of the final map. 8. Landscaping maintenance on Magnesia Fails Drive shall he provided by the homeowner's association. 9. Existing utilities shall he undergrounded per each respective utility district's recommendation. If determined to be unfeasible applicant shall agree to participate in any future utility undergrounding district. 10. Traffic safety striping on Magnesia Falls Drive shall be provided to the specifications of the director of public works. A traffic control plan must be submitted to and approved by the director of public works before placing pavement markings. 11. Complete grading plans and specifications shall be submitted, as required by ordinance, to the director of public works for checking and approval prior to issuance of any permits. 12. Dedication of 44 feet of right-of-way on Magnesia Falls Drive shall be done prior to issuance of any permits and approval of plans. 13. installation of curb and gutter, matching paving and sidewalk on Magnesia Fails Drive. 14. Waiver of access to Magnesia Falls Drive except at approved locations shall be granted on the final map. 15. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 16. Full improvement of interior streets based on 60 foot residential street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 17. installation of one-half landscaped median in Magnesia Falls Drive or cash payment for one-half the cost of landscaped median at the option of the director of public works. 18. Installation of sewers to serve this project. 19. Complete tract map shall be submitted as required by ordinance to the director of public works for checking and approval and be recorded before issuance of any permits. 5 PLANNING COMMISSION RESOLUTION NO. 1215 20. Any and all off -site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the department of public works. 21. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to issuance of the grading permit. City Fire Marshal: 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two hour duration in addition to domestic 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. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall he painted green. b. curbs shall he painted red 15 feet in either direction from each hydrant. c. hydrants shall not be located closer than 25 feetto any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three 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: "1 certify that the design of the water system in PP 87-11 is in accordance with the requirements prescribed by the fire marshal." 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. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. All driveway turns to have 40 foot minimum turning radius. 6 PLANNING COMMISSION RESOLUTION NO. 1215 8. All portions of all buildings to be within 75 feet of a fire extinguisher. Planning Commission: 1. It is the intent of the commission that public improvements be designed in cooperation between the applicant and the city in such a manner as to achieve the ultimate balance of the needs of the city and assure development quality. 7