HomeMy WebLinkAboutRes No 1703PLANNING COMMISSION RESOLUTION NO. 1703
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A TENTATIVE
TRACT MAP TO SUBDIVIDE A 40 ACRE SITE INTO 160 SINGLE
FAMILY LOTS WITH TWO OPEN SPACE LOTS ON THE NORTH SIDE
OF FRANK SINATRA DRIVE, APPROXIMATELY 1325 FEET WEST OF
PORTOLA AVENUE IN THE PR-5 ZONE.
CASE NO. TT 28258
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 3rd day of October, 1995, hold a duly noticed
public hearing to consider a request by KAUFMAN AND BROAD to consider
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
PLANNING COMMISSION RESOLUTION NO. 1703
the public at large, for access through or use of property
within the proposed subdivision.
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 28258 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 3rd day of October, 1995, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, BEATY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP D1ELL, Acting Secretary
Palm Desert Planning Commission
()
BEATY, Vice C
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PAUL B , person
PLANNING COMMISSION RESOLUTION NO. 1703
CONDITIONS OF APPROVAL
CASE NO. TT 28258
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
Sunline Transit Agency
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.
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PLANNING COMMISSION RESOLUTION NO. 1703
8. The project shall be subject to all applicable fees at time of
issuance of building permits including, but not limited to, Art in
Public Places, TUMF, and school mitigation fees.
9. Applicant shall provide a total of 75 feet from centerline on
Frank Sinatra Drive which includes a 32 foot parkway (face of curb
to property line).
10. 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 2% of each unit
plan for a total of at least 10% of the units in the subdivision
falling within the following schedule:
UNIT SIZE MAXIMUM BASE PRICE
<1200 sq. ft. $115,990
1201-1400 sq. ft. $122,990
1401-1600 sq. ft. $131,990
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 from close of escrow
for each 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.
The agreement shall be in effect until at least 10% of the units
in the subdivision are sold per the above described requirements.
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.
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PLANNING COMMISSION RESOLUTION NO. 1703
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.
10. In accordance with the Circulation Network of the Palm Desert
General Plan, installation of one-half landscaped median island in
Frank Sinatra Drive 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 Frank Sinatra 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 and the procedures necessary for
the district formation shall be initiated prior to the recordation
of the final map.
12. Applicant shall comply with the provisions of Municipal Code
Section 12.12, Fugitive Dust Control.
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PLANNING COMMISSION RESOLUTION NO. 1703
13. Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
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.
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. Waiver of access rights to Frank Sinatra Drive except at approved
locations shall be granted on the Tract Map.
17. 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 acceleration/deceleration lanes for the
project entries.
* Residential street sections shall be a curb to curb width of
thirty-six feet and shall include sidewalk construction.
* Median island modification at the easterly and westerly
project access points on Frank Sinatra Drive.
* Installation of meandering concrete sidewalk in an
appropriate size and configuration along the Frank Sinatra
Drive project frontage and in conformance with the North
Sphere Specific Plan.
Rights -of -way as may be necessary for the construction of required
public improvements shall be provided on the Tract Map.
18. Traffic safety striping on Frank Sinatra 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.
19. Applicant shall agree to participate in the proposed Cook Street
and I-10 Interchange benefit assessment/roads and bridges benefit
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PLANNING COMMISSION RESOLUTION NO. 1703
district to the extent determined appropriate by the City of Palm
Desert.
20. 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.
21, 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.
Riverside County Fire Department:
1. Provide a water system capable of providing 1500 GPM for a two
hour duration at 20 PSI.
2. The required fire flow shall be available from Super Hydrants
(6"x4"x2-1/2"x2-1/2") located not less than 25' nor more than 200'
from any portion of the buildings.
3. A fire flow of 1500 GPM for 1 hour duration at 20 PSI must be
available before any combustible material is placed on the job
site.
'` 4. Certain designated areas will be required to be maintained as fire
lanes, 15' both sides of every fire hydrant.
5. All buildings shall be accessible by an all-weather roadway
extending to within 150' of all portions of the exterior wall of
the first story. The roadway shall not be less than 24' of
unobstructed width and 13'6" of vertical clearance.
6. All new residences are required to have illuminated residential
addresses.
7. Any access gate must have a minimum opening of 16' and have a
Knox -Box over -ride system.
8. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
12 months.
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PLANNING COMMISSION RESOLUTION NO. 1703
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 28258
APPLICANT/PROJECT SPONSOR:
Kaufman and Broad
Inland Empire Division
180 N. Riverview Drive, Suite 300
Anaheim, CA 92808
PROJECT DESCRIPTION/LOCATION: A 40 acre site into 160 single family
lots with two open space lots on the north side of Frank Sinatra Drive,
approximately 1325 feet west of Portola Avenue in the PR-5 zone.
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.
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October 3, 1995
PHILIP DRELL DATE
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
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