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HomeMy WebLinkAboutRes No 1690PLANNING COMMISSION RESOLUTION NO. 1690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND 437 LOT, 433 UNIT SINGLE FAMILY TENTATIVE TRACT MAP AT THE NORTHEAST CORNER OF GERALD FORD DRIVE AND PORTOLA AVENUE. CASE NO. TT 28158 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of April, 1995, hold a duly noticed public hearing and continued public hearing on May 16, 1995, to consider a request by KAUFMAN AND BROAD for approval of a tentative tract map and Negative Declaration of Environmental Impact as 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 the director of community development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact 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 approval of the proposed map: 1. The proposed map, its design, improvements, and proposed residential density is consistent with applicable general and specific plans. 2. As conditioned, the site is physically suitable for the proposed residential use. 3. The proposed map is consistent with the intent and purpose of the Planned Residential zone. 4. The granting of an exception to minimum lot and dimension standards of the Planned Residential zone is consistent with General Plan Housing Element policies to reduce housing cost and promote affordability. 5. As mitigated, 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. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. 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. PLANNING COMMISSION RESOLUTION NO. 1690 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 above recitations are true and correct and constitute the findings of the commission in this case. 2. That TT 28158 and a Negative Declaration of Environmental Impact are hereby approved subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of May, 1995, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, WHITLOCK, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE �) ATTEST* 6 a 4 7f• RAMON A. DIAZ, Sec ary Palm Desert Planni Commission SABBY i IHAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1690 CONDITIONS OF APPROVAL CASE NO. TT 28158 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 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. 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 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 collection services and facilities shall be coordinated with Waste Management of the Desert and shall incorporate residential recycling. 6. Project landscaping shall emphasize drought tolerant plant materials and irrigation technology to the greatest extent feasible. 7. Project shall be subject to the applicable Coachella Valley Fringe -Toed Lizard mitigation fee payable prior to the issuance of grading permits. 8. Project shall contribute $30,000 toward preparation of a Coachella Valley Multi -Species Habitat Conservation Plan as mitigation for destruction of habitat for the Coachella Valley Milk Vetch. 3 PLANNING COMMISSION RESOLUTION NO. 1690 9. Project shall be subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 10. Final map shall include provision for bus turnout per Sunline Transit recommendations to accommodate future transit services to the area. 11. Prior to recordation of final map applicant shall submit for approval acoustical study identifying noise impacts and mitigation plan designed to reduce exterior noise levels to 65 CNEL and interior levels to 45 CNEL. 12. Perimeter landscaping plan shall include to the greatest extent feasible provisions to control impact of blowsand on the project. 13. Prior to recordation of final map applicant shall execute an agreement and record appropriate covenants approved by the city committing to sales price controls on at least 20% of each unit plan in the subdivision falling within the following schedule: UNIT SIZE MAXIMUM BASE PRICE <1200 sq. ft. $114,000 1201-1400 sq. ft. $123,000 1401-1700 sq. ft. $132,000 Where price controlled units are more than 5% below market rate units, the agreement shall provide for resale controls preserving this price differential for at least 10 years. At a minimum the agreement shall continue as long as resale restrictions exist on any unit and no less than 10 years from the sale of the last unit. Price schedule shall be updated annually and may be revised based on the percentage increase in median income statistics for Riverside County as published by the U.S. Department of Housing and Urban Development. 14. That prior to the issuance of building permit the owner (developer) provide the city with evidence that he/she has complied with the required school mitigation fee program. 15. Design and public status of proposed park shall be subject to approval by the Palm Desert Parks and Recreation Commission. 16. The developer shall agree to the creation of a lighting and landscaping assessment district to maintain the park site retention areas and perimeter landscaping. 4 PLANNING COMMISSION RESOLUTION NO. 1690 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 recordation of the final map. 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 drainage conditions as they impact this project. 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 or the recordation of the final map. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). 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. 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. 7. 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. 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 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. 9. 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 any permits associated with this project. 5 PLANNING COMMISSION RESOLUTION NO. 1690 10. In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Gerald Ford shall be provided. Landscape shall be water efficient in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. 11. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided by the developer. Landscaping maintenance for the proposed Gerald Ford Drive median islands as well as the property frontages and the proposed retention basin areas shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. 12. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control 13. The southerly project access location on Portola Avenue and the westerly project location of Gerald Ford Drive shall be limited to right -turn ingress and egress and left -turn ingress only. 14. 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. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. 16. 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 and the city's Circulation Network. Specific project related offsite/onsite improvements shall include, but not be limited to the following: * Construction of curb, gutter and paving as well as sidewalk in an appropriate size and configuration along Portola Avenue and Gerald Ford Drive with consideration of expanded intersection improvements for the Portola Avenue and Gerald Ford Drive intersection. * Parkway areas along both Gerald Ford Drive and Portola Avenue shall be a minimum of twenty feet from curb line to property line. 6 PLANNING COMMISSION RESOLUTION NO. 1690 * Construction of acceleration/deceleration lanes for the project entries. * Residential street sections shall be a curb to curb width of thirty-six feet. The internal circulation as shown on the tentative map represents an extremely circuitous routing. Additional roadway connection points and circulation revisions shall be addressed as part of the final map and design process. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. 17. Traffic safety striping on Portola Avenue, Gerald Ford Drive and the proposed residential streets 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. 18. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 19. Applicant shall agree to participate in the proposed Cook Street and I-10 Interchange benefit assessment/roads and bridges benefit district to the extent determined appropriate by the City of Palm Desert. 20. Waiver of access rights to Gerald Ford Drive and Portola Avenue except at approved locations shall be granted on the Tract Map. 21. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 22. The proposed storm water retention areas shall be designed to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 100 year storm. In addition, the project design shall provide for the acceptance of off -tract flows from the property to the west. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided on the Tract Map. Riverside County Fire Department: 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 7 PLANNING COMMISSION RESOLUTION NO. 1690 City Municipal Codes, NFPA Standards, CFC, and CBC 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 California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are 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 gpm for single family structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour 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' from single family structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. 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 scheduling for a final inspection. 6. 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. 7. 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. 8. 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 8 PLANNING COMMISSION RESOLUTION NO. 1690 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". 9. Contact the fire department for a final inspection prior to occupancy. 10. All new residences/dwellings are required to have illuminated 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. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 9 PLANNING COMMISSION RESOLUTION NO. 1690 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with Section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: TT 28158 APPLICANT/PROJECT SPONSOR: Kaufman and Broad Inland Empire Division 180 N. Riverview Drive, Suite 300 Anaheim, CA 92808 PROJECT DESCRIPTION/LOCATION: A 437 lot, 433 unit single family subdivision located on 106 acres within the PR-5 zone at the northeast corner of Gerald Ford Drive and Portola 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. r :7 46 o d'pot."4May 16, 1995 RAMON A. DIAZ DATE DIRECTOR OF COMMUN Y DEVELOPMENT 10