HomeMy WebLinkAboutRes No 1456PIAMIIIG CCMI SSICN RFSC ij ICN ND. 1456
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING TO THE COUNCIL
CERTIFICATION OF AN E.I.R. AND APPROVAL OF A 484 UNIT
COUNTRY CLUB AND CHANGE OF ZONE FOR 25 ACRES OF DRAINAGEWAY
FROM 0.S. TO PR-5 AND H.P.R.
CASE NO. TT 25296, C/Z 89-16
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 7th day of November, 1989, and continued to June 5, 1990 June 19,
1990, and July 17, 1990 hold a duly noticed public hearing to consider the
request by Bighorn Ventures for project described above; 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 an environmental impact report has
been prepared in accordance with the requirements of CEQA; 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 findings:
1. Environmental Impact Reports:
a) The EIR has been completed in accordance with the requirements
of CEQA.
b) Any potential adverse impacts have been considered as a part of
the EIR submitted.
c) Biological impacts identified as significant within the EIR are
determined not to meet the definition of significance.
2. Tentative Tract Map:
(a) That the proposed map is consistent with applicable general and
specific plans.
(b) That the &sign or improvement of the proposed subdivision is
consistent with applicable general and specific plans.
(c) That the site is physically suitable for the type of
development.
(d) That the site is physically suitable for the proposed density of
development.
(e) 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 of their
habitat.
(f) That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
(g) 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.
(h) The map will allow unrestricted solar access to all lots.
PLANNING COMMISSION RESOLUTION NO. 1456
3. Zone Change:
(a) Proposed zone change is consistent with the general plan.
WHEREAS, in the review of this tentative tract map the planning commission has
considered the effect of the contemplated action on the housing needs of the
region for purposes of balancing these needs against the public service needs
of the residents of the City of Palm Desert and its environs, with available
fiscal and environmental resources.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the Planning Commission does hereby recamiend to the City
Council approval of a Change of Zone 89-16 and Tentative Tract No.
25296.
2. That the above recitations are true, correct and constitute the
findings of the Planning Commission in these cases.
3. That the Planning Commission does hereby recamiend to the City
Council certification of the final EIR as canplete, to include the
draft EIR:
A. Comments received on the draft EIR and related responses by
City.
B. Public testimony regarding the EIR during the Public Hearings
and related responses.
PASSED, APPROVED and ADOPTED at the meeting of the Palm Desert Planning
Commission held on this 17th day of July, 1990, by the following vote to wit:
AYES: DOWNS, ERWOOD, AND JONATHAN
NOES: NONE
ABSENT: RICHARDS
ABSTAIN: WHITLOCK / f
CAROL WHITLOCK, Chairperson
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PLANNING QMMISSION RESOLUTION NO. 1456
CONDITIONS OF APPROVAL
CASE NOS. TT 25296 and CZ 89-16
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits
on file with the department of environmental services, as modified by the
following conditions.
2. Development shall be subject to fees in keeping with city policy, such as
school and art -in -public -places.
3. Recordation of said map shall occur within 24 months from the date of
final approval unless an extension of time is granted by the planning
ccnmission; otherwise said approval shall became null and void and of no
effect whatsoever.
4. 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.
5. Prior to the 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:
Public Works Department
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
United States Fish & Wildlife Service
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.
6. Subdivision shall be provided with six foot high block wall around project
(except for approved openings), and shall provide for anticipated adjacent
grades.
7. Any entrance to the project from Portola Avenue shall be for emergency
vehicle only.
8. Private street proposed adjacent to The Summit shall not exceed in
elevation 3 feet from top of curb to concrete swale located within the
perimeter of The Summit, or 5 feet below the top of the wall.
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PLANNING Ca4MISSICN RESOLUTION M. 1456
9. Proposed pad elevations adjacent to hone on A.P.N. 631-160-004 shall not
exceed natural terrain.
10. Project shall conform with the mitigation measures as identified in the
E.I.R. with the exception of biological impacts whereas the mitigation
shall include as follows:
A. Desert Wash - Development within wash area shall retain smoke trees
as part of overall landscape design.
B. Tortoise Habitat - Project shall comply with section l0a procedures
for the species as set forth by the United States Fish and Wildlife
Service.
C. Wild Sheep Habitat - No mitigation necessary on the basis that the
area identified as habitat is not substantial in terms of the
thousands of acres that lie within the habitat management plan and
that this property is outside of that area.
D. Bighorn Institute - Mitigation shall include adoption of alternative
6 as amended by option 3 on file in the department of community
development and further stipulation that CC&R's shall state that
those lots backing up to The Institute shall not keep pets in the
rear yards and any lighting in rear yards shall be ground type only.
E. Traffic - Project shall comply with any future plans for public
transit and shall include carpooling program for future employees.
11. Final grading plan for hillside area shall be subject to review by
planning commission prior to grading activity in this area. Golf course
shall integrate natural terrain and landscaping into course design.
12. Final grading plan for hillside area to include re -naturalization measures
and grading restrictions as specified in hillside ordinance.
13. Hanes and roadway within 500 feet of southern property line shall include
installation of mature trees to mitigate light generation and vistas from
bighorn pens.
14. Set backs for the detached units shall be:
front - 20 feet
side - 5 feet
rear - 10 feet
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PLANNING CaM+IISSICN RFSOLUFICN NU. 1456
For attached units, set backs shall be:
front - 20 feet
side - 5 feet - 16 feet between buildings
rear - 10 feet
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior
to recordation of final map.
2. Drainage facilities shall be provided to the specifications of the
Director of Public Works. In addition, proposed drainage
facilities/improvements shall be subject to review and approval by the
Coachella Valley Water District.
3. 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 and the Coachella Valley Water District.
Said study will include, but not limited to, the investigation of both
upstream and downstream conditions with respect to existing and proposed
conditions.
4. Signalization fees, in accordance with City of Palm Desert Resolution Nos.
79-17 and 79-55, shall be paid to recordation of final map.
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. All improvements within State Highway 74
right-of-way shall be in accordance with Caltrans standards.
6. 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 project final.
7. Improvement plans for all improvenents, public and private, shall be
received and approved by the Public Works Department. The installation of
such improvements shall be inspected by the Public Works Department and a
standard inspection fee shall be paid prior to issuance of grading
permits.
8. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for
checking approval before construction of any improvements is commenced.
Offsite improvement plans for all improvements within existing and
proposed public rights -of -way to be approved by the Public Works
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PLPNNI 43 COMMISSION RESOLUTION NO. 1456
Department and a surety posted to guarantee the installation of required
offsite improvements prior to recordation of final map. Such offsite
improvements shall include, but not be limited to, curb and gutter,
asphalt paving and concrete sidewalk in an appropriate size and
configuration and provisions for deceleration/acceleration lanes at
project entry points. "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 of Palm Desert.
9. Landscaping maintenance on State Highway 74 and Portola Avenue (Carriage
Trail) shall be provided by the homeowners association.
10. Waiver of access to State Highway 74 and Portola Avenue (Carriage Trail),
except at approved locations, shall be granted on the Final Map.
11. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to issuance of any permits.
12. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code,
and in accordance with the Circulation Network of the City's General Plan,
dedication of half -street right-of-way at 55 feet on State Highway 74
shall be provided on the final map.
13. As required under Section 12.16 and 26.44 of the Palm Desert Municipal
Code, any existing overhead utilities shall be placed underground per each
respective utility districts recaYmendatien. If such undergrounding is
determined to be unfeasible by the city and the respective utility
districts, applicant shall agree to participate in any future utility
undergruunding district.
14. Traffic safety striping on State Highway 74 shall be provided to the
specifications of the Director of Public Works and Caltrans. A traffic
control plan must be submitted to, and approved by, the Director of Public
Works and Caltrans prior to the placement of any pavement markings.
15. Full improvement of interior streets based on residential street standards
in accordance with Section 26.40 of the Palm Desert Municipal Code shall
be provided.
16. 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 associated with this project.
17. Any and all offsite improvements shall be preceded by the approval of
plans and the issuance of valid encroachment permits by the Department of
Public Works and Caltrans, as applicable.
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FLAMTD43 cavassim RESOLUTION ND. 1456
18. 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 any permits associated with this
project.
19. 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.
20. All required offsite improvements for this project shall be installed in
conjunction with the first phase of development. In addition, provisions
for secondary emergency access shall be a part of, and coincide with, the
first phase of the development.
21. Site access, with respect so size, location and number, shall be subject
to review and approval by the Department of Public Works and Caltrans.
22. Applicant shall comply with those recommendations specified in the
Caltrans Development Review dated September 29, 1989.
23. Applicant shall provide a phasing plan which specifies the project
construction activity with respect to on-site/off-site infrastructure
imprownents as well as p.-sible final map filing.
24. Provision for the continuation of any existing access rights which may be
affected by this project shall be included as a part of the final map
process.
City Fire Marshal:
1. 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 fire flow of 3000 gpm for the commercial and assembly areas,
2500 gpm for the multifamily areas, 1500 gpm for single family areas and
the actual fire flow 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 2-hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on
the job site.
4. RESIDENTIAL AREAS - 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 165' from any portion of the building(s) as measured along
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PLANNING COMMISSION RESOLUTION MJ. 1456
approved vehicular travelways. Hydrants installed below 3000' elevation
shall be of the "wet barrel" type.
5. COMMERCIAL/ASSEMBLY AREAS - 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 165', 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.
6. 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.
7. Prior to the application for a building permit, the developer shall
furnish the original and two copies of 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.
8. Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plan shall be signed by a
Registered Civil Engineer andy 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. Certain designated areas will be required to be maintained as fire lanes.
10. 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 an one side.
Dead-end roads in excess of 150' shall be provided with a minimum 45'
radius turn -around (55' in industrial developments).
11. Whenever access into private property is controlled through use of gates,
barriers, guard houses or similar means, provision shall be made to
facilitate access by emergency vehicles in a manner approved by the Fire
Department. All controlled access devices that are power operated shall
have a radio -controlled over -ride system capable of opening the gate when
activated by a special transmitter located in emergency vehicles. Devices
shall be equipped with backup power devices to operate in the event of
power failure. All controlled access devices that are not power operated
shall also be approved by the Fire Department. Minimum opening width
shall be 12', with a minimum vertical clearance of 13'6".
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PLANNING aM4ISSION RESOLUTION NO. 1456
12. Provide secondary access to project. Dead-end streets in excess of 600
feet must be provided with alternative access (Alternative -Developer must
agree to sprinkler all dwellings on all those streets that exceed 600
feet) . Street grades may not exceed 15%.
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