HomeMy WebLinkAboutRes No 1614PLANNING COMMISSION RESOLUTION NO. 1614
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL APPROVAL OF A GENERAL
PLAN, ZONE CHANGE TO PR-1, 48 LOT SINGLE
FAMILY SUBDIVISION AND DEVELOPMENT AGREEMENT
FOR 55 ACRES EAST OF PORTOLA AVENUE - SOUTH OF
THE LIVING DESERT.
CASE NOS.: GPA 93-1, C/Z 93-1, TT 27710
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 2nd day of March, 1993 hold a duly noticed
public hearing to consider the request of LOWE RESERVE CORPORATION
for project described above, and continued to April 6, 1993; 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 has been previously assessed as part of overall project
approved by the City of Indian Wells; 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 approval of the
general plan amendment, change of zone, development agreement and
tentative tract map:
GENERAL PLAN AMENDMENT:
The density resulting from the general plan amendment would be
compatible with densities and uses permitted in the adjacent
areas.
CHANGE OF ZONE:
The proposed change of zone is compatible with the adopted
Palm Desert General Plan.
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 is not likely to cause
substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
PLANNING COMMISSION RESOLUTION NO. 1614
(f)
(g)
That the design of the subdivision is not likely to cause
serious public health problems.
That the design of the subdivision will not conflict with
easements, acquired by the public at large, for access
through or use of property within the proposed
subdivision.
WHEREAS, in the review of this general plan amendment, zone
change, and 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 above recitations are true and correct and
constitute the findings of the commission in this case;
2. That it does hereby approve the above described General
Plan Amendment No. 93-1, Change of Zone No. 93-1, and
Tentative Tract Map No. 27710, subject to fulfillment of
the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 6th day of April, 1993, by
the following vote, to wit:
AYES: BEATY, WHITLOCK, SPIEGEL
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: COX
ATTEST:
RAMON A. DIAZ, ec ary
Palm Desert Planni • Commission
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ROBERT A. SPIEGE , ;1 man
PLANNING COMMISSION RESOLUTION NO. 1614
CONDITIONS OF APPROVAL
CASE NOS. GPA 93-1, C/Z 93-1, TT 27710
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. Recordation of the map shall occur within two years 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 unless a development agreement is adopted
which will supersede this condition.
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 statues now in force, or which hereafter may be in
force. Applicant and/or their successor shall pay all city
fees in effect when the building permits for this development
project are issued.
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
City Fire Marshal
Public Works Department
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. Development standards shall be per city code with the
exception that maximum building height shall be 18 feet and
there will be no maximum lot coverage.
6. Add to section seven of "The Reserve" development agreement
traffic mitigation fees:
In the event said traffic/improvements are not
constructed, said fees may be used for other
streets and as identified in the city's
adopted general plan, including but not
limited to: construction of sidewalks along
gaps of Portola Avenue and extension of
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PLANNING COMMISSION RESOLUTION NO. 1614
Fairway Drive sidewalk eastward to Lantana;
and construction of curb and gutter with tie-
in paving along the south side of Haystack
west of Portola Avenue.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code
Section 26.49 and Ordinance No. 653 shall be paid prior to
issuance of any permits associated with this project or
recordation of the Final Map, whichever occurs first. Subject
to the approval of the city council, drainage mitigation fees
associated with this project may be used to offset costs
associated with the installation of project specific storm
drain systems provided that it can be demonstrated that such
a system provides improved levels of protection for downstream
properties.
2. Any drainage facilities construction required for this project
shall be contingent upon a drainage study prepared by a
registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
The subject study shall include analysis of the upstream and
downstream drainage conditions as they impact this project and
existing development.
3. 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.
4. The project shall be subject to Transportation Uniform
Mitigation Fees (TUMF), residential classification. Payment
of said fees shall be at the time of building permit issuance.
5. 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.
6. 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 and approval before
construction of any improvements is commenced. Offsite
improvement plans to be approved by the Public Works
Department and a surety posted to guarantee the installation
of required offsite improvements prior to permit issuance.
7. All public and private improvements shall be inspected by the
Department of Public Works and a standard inspection fee shall
be paid prior to issuance of grading permit.
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PLANNING COMMISSION RESOLUTION NO. 1614
8. Full improvements of interior streets based on residential
street standards in accordance with City standards or as
approved by the city engineer shall be provided. The proposed
interior street sections for Streets "A" through "D" are
acceptable for this project.
9. Landscaping maintenance on the property frontage shall be
provided by the property owner.
10. 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 as appropriate.
Project specific public improvements shall include, but not be
limited to, the construction of acceleration/deceleration lane
for the project entry, modification of the existing landscaped
median island in Portola Avenue to provide for left turn
ingress/egress to the project and the construction of sidewalk
in an appropriate size and configuration. Right-of-way as may
be necessary for the construction of required public
improvements shall be provided on the Final Map. Provisions
for the acceptable implementation of non -site specific traffic
mitigation measures associated with this project shall be
established prior to the recordation of the Final Map.
11. In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans/site improvement plans and
specifications shall be submitted to the Director of Public
Works for checking and approval prior to issuance of any
permits. In addition to all standard engineering design
parameters, the plan shall address appropriate circulation -
related issues.
12. Traffic safety striping on Portola Avenue 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 prior to the placement of any
pavement markings.
13. 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.
14. Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
15. Provisions for continuance of existing access rights
(easements, etc.) shall be provided for on the Final Map or by
separate documents as appropriate.
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PLANNING COMMISSION RESOLUTION NO. 1614
16. Waiver of access rights to Portola Avenue, except at approved
locations, shall be granted on the Final Map.
17. Prior to start of construction, the applicant shall submit
satisfactory evidence to the Director of Public Works of
intended compliance with National Pollutant Discharge
Elimination (NPDES) General Permit (Permit No. CAS000002) for
storm water discharges associated with construction activity.
Traffic Mitigation:
As for specific mitigation matters, the Associate Transportation
Engineer feels that the subject project, due to it's location and
access limitation, will add additional traffic to the city's
roadway network in general and to Portola Avenue, Mesa View,
Highway 111, Haystack, and Fairway Drive in particular.
Based on overview of the project traffic study and the city's own
assessment of the possible impacts of the project on the city's
roadway network, it is recommended that commitment of funds from
the developer to the city in participation of specific improvement
planned or environed for specific sites. The city has already
investigated potential for several traffic system related
improvements that we request funding participation between the city
and the developer.
Specifics of mitigations required and staff's assessment of the
fair share of the developer is as follows:
1. The city has long and short range plans to address
intersection signalization at the following locations:
Portola/Fairway Drive
Portola/Haystack
Haystack/Highway 74
It is assumed that the fair share of the project is to be
25% of the cost of signalization (estimated to be
$125,000 per intersection).
2. The city is currently reviewing a plan for intersection
improvement at Portola/Highway 111 (on the south side).
The project is estimated to cost $150,000.
The Reserve at Hidden Valley project impact is estimated to be of
15% of the improvement needed. Based on the above, the overall
mitigation fee of the project is calculated as shown below:
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PLANNING COMMISSION RESOLUTION NO. 1614
Project
Fair Contribution
Share Share
a - Three signalization projects: 25% $93,750.00
b - One intersection improvement: 15% $22,500.00
The above mentioned financial contribution is in addition to
signalization and TUMF fees generally payable by the developer as
an overall mitigation and fee requirement.
Mitigation Fee Payment Schedule:
Staff recommends that the developer arrange for 50% ($58,125.00)
payment to the City of Palm Desert when the first building permit
is issued by the City of Palm Desert or the City of Indian Wells
and the remaining 50% be covered by letter of credit for later
payment.
City Fire Marshal:
1. With respect to the conditions of approval regarding the above
referenced plan, 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. 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.
3. Provide, or show there exists, a water system capable of
providing a potential gallon per minute flow of 1500 for
single family, 2500 for multifamily, and 3000 for commercial.
The actual fire flow available from any one hydrant connected
to any given water main shall be 1500 GPM for two hours
duration at 20 PSI residual operating pressure.
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.
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PLANNING COMMISSION RESOLUTION NO. 1614
5. 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.
6. 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.
7. 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 inspection authority.
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." "System has been designed
to provide a minimum gallon per minute flow of 1500, 2500,
3000."
8. 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
such as a fully fire sprinklered building.
9. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
10. Install a complete fire sprinkler system per NFPA 13. 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. This applies to all
buildings with 3000 square feet or more building area as
measured by the building footprint, including overhangs which
are sprinklered per NFPA 13. The building area of additional
floors is added in for a cumulative total. Exempted are one
and two family dwellings.
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PLANNING COMMISSION RESOLUTION NO. 1614
11. Install a fire alarm (water flow) as required by the Uniform
Building Code 3803 for sprinkler system. Install tamper
alarms on all supply and control valves for sprinkler systems.
12. Certain designated areas will be required to be maintained as
fire lanes and shall be clearly marked by painting and/or
signs approved by the Fire Marshal.
13. Install a fire alarm as required by the Uniform Building Code
and/or Uniform Fire Code. Minimum requirement is UL central
station monitoring of sprinkler system per NFPA 71 and 72.
Alarm plans are required for all UL central station monitored
systems, systems where any interior devices are required or
used. (U.F.C. 14-103(a))
14. Install portable fire extinguishers per NFPA, Pamphlet #10,
but not less than 2A10BC in rating. Fire extinguishers must
not be over 75' walking distance. In addition to the above,
a 40BC fire sprinkler is required for commercial kitchens.
15. Install a Hood/Duct automatic fire extinguishing system if
operating a commercial kitchen including, but not limited to,
deep fryers, grills, charbroilers or other appliances with
produce grease laden vapors or smoke. NFPA 96, 17, 17a.
16. 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. City standards may be more restrictive.
17. 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 Knox Box over -ride system capable of opening the gate when
activated by a special key located in emergency vehicles.
Devices shall be equipped with backup power facilities 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 16' with
a minimum vertical clearance of 13' 6".
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PLANNING COMMISSION RESOLUTION NO. 1614
18. A dead end single access over 500' in length will require a
secondary access, sprinklers or other mitigative measure
approved by the Fire Marshal. Under no circumstances shall a
single dead end access over 1300 feet be accepted.
19. A second access is required. This can be accomplished by two
main access points from main roadway or an emergency gated
access into an adjoining development.
20. Contact the Fire Department for a final inspection prior to
occupancy.
21. This project may require licensing and/or review by State
agencies. Applicant should prepare a letter of intent
detailing the proposed usage to facilitate case review.
Contact should be made with the Office of the State Fire
Marshal (818/960-6441) for an opinion and a classification of
occupancy type. This information and a copy of the letter of
intent should be submitted to the Fire Department so that
proper requirements may be specified during the review
process. Typically this applies to educational, day care,
institutional, health care, etc.
22. 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.
23. Commercial buildings shall have illuminated addresses of a
size approved by the city.
24. All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior to
construction. Subcontractors should contact the Fire
Marshal's office for submittal requirements.
25. Dead end roads to comply with No. 16 of this list.
26. Must provide detailed plans for maintenance building or club
house.
27. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained
within twelve months.
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