HomeMy WebLinkAboutRes No 1441PLANNING COMMISSION RESOLUTION NO. 1441
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION OF ENVIROIITAL IMPACT,
PRECISE PLAN, CONDITIONAL USE PERMIT, AND TRACT
MAP FOR A 27 UNIT RESIDENTIAL ODNDOMINIUM PROJECT
ON 2.53 ACRES AT THE SOUTHWEST CORNER OF PORTOLA
AVENUE AND SANTA ROSA WAY AND DENIAL OF A LOT
AREA PER UNIT VARIANCE.
CASE NOS. PP/CUP 90-7, TT 25987, VAR 90-2
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 15th day of May, 1990, hold a duly noticed public hearing to
consider the request of USA PROPERTIES for approval of a Negative Declaration
of Environmental Impact, precise plan, conditional use permit, and tract map
for a 27 unit residential condominium project on 2.53 acres at the southwest
corner of Portola Avenue and Santa Rosa Way and denial of a lot area per unit
variance; and
WEB, said application has complied with the requirements of the "City
of Palm Desert Procedure for Lnplementation 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 an adverse impact on
the environment and a negative declaration has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts and reasons to
exist to justify granting approval of said precise plan/conditional use permit,
tract map and denial of the variance:
Precise Plan/Conditional Use Permit:
1. The proposed use and design of the project is consistent with the
standards, goals and objectives of the R-2 single family residential
zone, the Palma Village Specific Plan and the Palm Desert General
Plan.
2. The site plan and architectural design of the project is of a high
quality compatible with others existing and planned projects in the
vicinity.
3. The project will therefore not depreciate values, restrict the lawful
use of adjacent properties or threaten the public health, safety or
general welfare.
Tract Map:
1. The proposed map, its design, improvements, type of development and
PLANNING COMMISSION RESOLUTION O. 1441
density are consistent with the State Subdivision Map Act, the Palm
Desert Subdivision and Zoning Ordinance, and General Plan.
2. The design of the subdivision and required mitigation measures insure
that the project will not result in environmental damage, injure fish
or wildlife, degrade water quality or create public health problems.
3. The map will not conflict with public easements.
4. The map will allow unrestricted solar access to all lots.
Variance:
1. There are no practical difficulties or physical hardships associated
with development of the site.
2. There are no exceptional or extraordinary circumstances of conditions
which apply to the property.
NOW, THEREFORE, BE IT RESOLVED by the Planning CO mission 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 ission in this case.
2. That a Negative Declaration of Environmental Impact Exhibit "A" and
Precise Plan/Conditional Use Permit 90-7 and TT 25987 are approved,
subject to attached conditions.
3. VAR 90-2 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of May, 1990, by the following vote,
to wit:
AYES: DOWNS, ERWOOD, JONATHAN, RICHARDS, AND WHITLOCK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE /
Ai EST :
RAMJN A. DIAZ, Secrete,
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CAROL WHITLOCK, Chairperson
IWO
PLANNING (M MISSION RESOLUTION NO. 1441
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 90-7, TT 25987
Department of Community Development:
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
Palm Desert Water and 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 including recycling shall be approved by applicable trash
company and city prior to issuance of building permit.
6. Applicant shall pay school impact fees as arranged by the Desert Sands
Unified School District.
7. Project shall be subject to Art in Public Places fee per Ordinance No.
473.
8. Applicant agrees to maintain the landscaping required to be installed
pursuant to these conditions. Applicant will enter into an agreement to
maintain said landscaping for the life of the project, which agreement
shall be notarized and which agreement shall be recorded. It is the
specific intent of the parties that this condition and agreement run with
the land and bind successors and assigns.
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PLANNING CCV IISSION RESOLUTION NO. 1441
9. Applicant shall emphasize drought resistent and water conserving plant
materials and irrigation technologies into landscape plan and shall comply
with City of Palm Desert Master Parking Lot Tree Plan.
10. Project shall be reduced to 27 units.
Department of Public Marks:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code, shall be paid prior to recordation of final map.
2. 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.
3. Transportation Uniform Mitigation Fees (TUMF) shall be paid prior to
issuance of building permits.
4. Any storm drain construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by
the department of public works.
5. Full public improvements, as required by Sections 26.40 and 26.44 of the
Palm Desert Municipal Code, shall be installed in accordance with
applicable city standards. Subject improvements shall include, but not be
limited to, mLini_mum 24 foot wide drive approaches, 6 foot wide sidewalk
with handicap access on Santa Rosa Way and appropriate perimeter
landscaping.
6. Complete improvement plans and specifications shall be submitted to the
director of public works for checking and approval before construction of
any improvements is commenced. Offsite improvement plans shall be
reviewed and approved by the director of public works and a surety posted
to guarantee the installation of all required offsite improvements prior
to issuance of a grading permit. "As -built" plans shall be submitted to,
and approved by, the director of public works prior to the acceptance of
the improvements by the city.
7. All private driveways and parking lots shall be inspected by the
engineering department and a standard inspection fee shall be paid prior
to issuance of a grading permit.
8. Landscaping maintenance on Portola Avenue and Santa Rosa Way shall be the
responsibility of the property owner/homeowners association.
9. As required under Sections 12.66 and 26.44 of the Palm Desert Municipal
Code, all existing utilities shall be placed underground per each
respective utility district's recommendation. If determined to be
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PLANINIlN3 CCMISSICN RESOLUTION NO. 1441
unfeasible, the applicant shall submit to the city, in a form acceptable
to the city attorney, surety in an amount equal to the estimated
construction costs for the subject undergrounding.
10. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the director of public
works for checking and approval prior to issuance of any permits
associated with this project.
11. Any and all off -site improvements shall be preceded by the approval of
plans by the director of public works and the issuance of valid
encroachment permits by the department of public works.
12. Size, number and location of driveways to the specifications of the
department of public works with only two driveway approaches to be allowed
to serve this project.
13. A complete preliminary soils investigation, conducted by a registered
soils engineer, shall be submitted to and approved by the department of
public works prior to the issuance of a grading permit.
14. Landscaping, walls and other site improvements within a 40-foot "clear
sight triangle" for all intersections shall be no higher than three feet
above top of curb elevation.
15. Right-of-way at 50 feet (half street) on Portola Avenue shall be offered
for dedication to the City of Palm Desert on the final map.
16. Complete tract map shall be submitted as required by ordinance to the
director of public works for checking and approval prior to the issuance
of any permits.
17. The existing open channel drainage facility located along the rear
property line of the subject parcel shall be reconstructed as an
undeiyiuund pipe system. The design of this system shall be subject to
the review and approval of the director of public works. Drainage
easements as may be necessary for this system shall be provided on the
final map.
18. Proposed building pad elevations, as shown on the preliminary grading
concept plan, shall be subject to review and modification in accordance
with Section 27 of the Palm Desert Municipal Code.
19. Waiver of access to Portola Avenue and Santa Road Way except at approved
locations shall be granted on the final map.
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PLANNING Q.MIIISSION RESOLUTION NO. 1441
Riverside Guilty Fire Deportment:
1. With respect to the conditions of approval regarding the above referenced
plan check the fire department recommends the following fire protection
measures be provided in accordance with city municipal code, NFPA, UFC,
and UBC and/or recognized fire protection standards: The fire department
is required to set a minimum fire flow for the remodel or construction of
all commercial buildings per Uniform Fire Code Sec. 10.301C.
2. Provide, or show there exists, a water system capable of providing a
potential gallon per minute 1500 for single family, 2500 for multifamily,
and 3000 for commercial. The actual fire flaw available from any one
hydrant connected to any given water main shall be 1500 gpm for 2 hours
duration at 20 psi residual operating pressure.
3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on
the job site.
4. The required fire flow shall be available from a Super hydrant(s) (6" x 4"
x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' single
family, 165' multifamily, and 150' commercial from any portion of the
building(s) as measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shall be of the "wet barrel" type.
5. Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the
required fire flow or arrange field inspection by the fire department
prior to request for final inspection.
6. A combination of on -site and off -site Super fire hydrants (6" x 4" x 2-
1/2" x 2-1/2") will be required, located not less than 25' or more than
200' single family, 165' multifamily, and 150' commercial from any portion
of the building(s) as measured along approved vehicular travelways. The
required fire flow shall be available from any adjacent hydrant(s) in the
system.
7. The required fire flow may be adjusted at a later point in the permit
process to reflect changes in design, construction type, area separations,
or built-in fire protection measures.
8. Prior to the application for a building permit, the developer shall
furnish the original and two copies of the water system plan to the county
fire department for review. No building permit shall be issued until the
water system plan has been approved by the county fire chief. Upon
approval, the original will be returned. One copy will be sent to the
responsible inspecting authority.
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PLANNING COMMISSION RESOLUTION N3. 1441
Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed by a
registered civil engineer and may be signed by the local water company
with the following certification: "I certify that the design of the water
system is in accordance with the requirements prescribed by the Riverside
County Fire Department."
9. Install a complete fire sprinkler system per NFPA 13R. The post indicator
valve and fire department connection shall be located to the front, not
less than 25' from the building and within 50' of an approved hydrant.
All building over 5,000 square feet.
10. Install a fire alarm (waterflow) as required by the Uniform Building Code,
3803, for sprinkler system.
11. Install tamper alarm on supply valve for sprinkler systems.
12. Certain designated areas will be required to be maintained as fire lanes.
13. Install a fire alarm as required by the Uniform Building Code and/or
Uniform Fire Code. Smoke detectors must be hard wired, recommend battery
backup.
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less
than 2A1OBC in rating. Fire extinguishers must not be over 75' walking
distance.
15. All buildings shall be accessible by an all-weather roadway extending to
within 150' of all portions of the exterior walls of the first story. The
roadway shall be not less than 24' of unobstructed width and 13'6" of
vertical clearance. Where parallel parking is allowed, the roadway shall
be 36' wide with parking on both sides, 32' wide with parking on one side.
Dead-end roads in excess of 150' shall be provided with a minimum 45'
radius turn -around (55' in industrial developments). Fountains or garden
islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter.
16. The minimum width of interior driveways for multi -family or apartment
complexes shall be ok as drawn if certain curbs are red curb, no parking.
*a. 24 feet wide when serving less than 100 units, no parallel parking,
carports or garages allowed on one side only.
b. 28 feet wide when serving between 100 and 300 units: carports or
garages allowed on both sides, no parallel parking.
c. 32 feet wide when serving over 300 units or when parallel parking is
allowed on one side.
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PLANNING COMMISSION RESOLUTION NO. 1441
d. 36 feet wide when parallel parking is allowed on both sides.
17. Occupancy separation will be required as per the Uniform Building Cods,
Sec. 503.
18. Contact the fire department for a final inspection prior to occupancy.
19. All new residences/dwellings are required to have illuminated residential
addresses meeting both city and fire department approval. Shake shingle
roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage
or Palm Desert.
20. An approved NFPA 13 or NFPA 13R sprinkler system is required for all
buildings over 5000 square feet in size. Area separation will not exempt
the building from this requirement. Exemption: One and two family
residences. *This is cumulative totals of all floors and covered patio
areas.
21. Adjust curb radius at entry points off of Santa Rosa Way template
attached.
Planning Qxniiission. Conditicn:
1. Applicant shall provide a final site plan to be approved by the planning
commission.
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PLANNING COMMISSION RESOLUTION NO. 1441
EXHIBIT "A"
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California
Administrative Code.
DATIVE DECLARATION
CASE NOG: PP/CUP 90-7 and TT 25907
APPLICANT/PROJECF SPONSOR:
USA Properties Fund, Inc.
3179 Temple Avenue, Suite 170
Parana, CA 91768
PROJECT DESCRIPTION/LOCATION: A 27 unit single story residential
condaninium/apartment project on 2.53 acres at the southwest corner of Portola
Avenue and Santa Rosa Avenue.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant
effect on the environment. A copy of the Initial Study has been attached to
document the reasons in support of this finding. Mitigation measures, if any,
included in the project to avoid potentially significant effects, may also be
found attached.
RAMON A. DIAZ
DIRECTOR OF COMMUNITY 'DEVELOPME T
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