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HomeMy WebLinkAboutRes No 1515PLANNING COMMISSION RESOLUTION NO. 1515 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 450 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 21st day of May, 1991 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 imp;acts 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 design 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. PLANNING COMMISSION RESOLUTION NO. 1515 (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. 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 recommend 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 recommend to the City Council certification of the final EIR as complete, 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 21st day of May, 1991, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATT • " ,.- DOWNS, ERWOOD, JONATHAN, RICHARDS NONE NONE WHITLOCK RAMON A. DIAZ, ecary CAROL WHITLOCK, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1515 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 commission; otherwise said approval shall become 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 adjacent to public streets, and shall provide for anticipated adjacent grades (except for required openings). 7. 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. 8. Proposed pad elevations adjacent to home on A.P.N. 631-160-004 shall not exceed natural terrain. 3 PLANNING COMMISSION RESOLUTION NO. 1515 9. 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: we A. Desert Wash - Development within wash area shall retain smoke trees as an integral part of overall landscape design. B. Bighorn Institute - CC&R's shall state that those lots adjacent to The Institute shall control raucous activity and include a leash law throughout the project. 10. 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. 11. Final grading plan for hillside area to include re -naturalization measures and grading restrictions as specified in hillside ordinance. 12. Homes and roadway within 500 feet of southern property line shall include installation of mature trees to mitigate light generation and vistas from bighorn pens. 13. Set backs for the detached units shall be as identified on TT 25296. Department of Public Works: •W 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. 4 PLANNING COMMISSION RESOLUTION NO. 1515 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 improvements, 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. 0ffsite improvement plans for all improvements within existing and proposed public rights -of -way to be approved by the Public Works 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. 5 PLANNING COMMISSION RESOLUTION NO. 1515 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 recommendation. 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 undergrounding 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. 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. 6 PLANNING COMMISSION RESOLUTION NO. 1515 23. Applicant shall provide a phasing plan which specifies the project construction activity with respect to on-site/off-site infrastructure improvements as well as possible 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 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. 7 PLANNING COMMISSION RESOLUTION NO. 1515 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 on 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". 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%. PJ/db 8