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HomeMy WebLinkAboutRes No 1719PLANNING COMMISSION RESOLUTION NO. 1719 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM PROJECT IN THE R-2 S.O. ZONE AT THE SOUTHEAST CORNER OF CATALINA WAY AND SAN CARLOS. CASE NOS. PP 96-1 AND TT 28320 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of February, 1996, hold a duly noticed public hearing to consider the request of HOLLY MANAGEMENT, INC., for the above mentioned project; 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. 95-105," in that the director of community development has determined that the project will not have an adverse impact on the environment and a Negative Declaration 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 granting approval of said precise plan: 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 granting approval of said tentative tract map for condominium purposes: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial PLANNING COMMISSION RESOLUTION NO. 1719 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. 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 it does hereby approve the above described Tentative Tract Map 28320, subject to fulfillment of the attached conditions. 3. That approval of Precise Plan 96-1 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of February, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE PAUL BEATY, Chairpers n PHILIP DRELL, Acting Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1719 CONDITIONS OF APPROVAL CASE NOS. PP 96-1 AND TT 28320 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 Palm Desert Water & Services District 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. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. 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. 7. That in exchange for the reduced parking standard provided under Municipal Code Section 25.52.030 E the applicant agrees that all future owners and occupants will be over the age of fifty-five (55) years. Applicant agrees to submit for city review and approval a copy of the draft CC&R's to assure compliance with this provision. 3 PLANNING COMMISSION RESOLUTION NO. 1719 Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall either be paid prior to recordation of the final map or issuance of project grading permits. 2. 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. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. 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. 5. 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. 6. 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. 7. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 8. 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. 9. 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 shall include construction of sidewalk and drive approaches and shall be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 10. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be 4 PLANNING COMMISSION RESOLUTION NO. 1719 paid prior to issuance of any permits associated with this project. 11. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided by the developer. Landscape maintenance for the property frontages shall be the responsibility of the property 12. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends that following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA standards, CFC, 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: a) 2500 gpm for multi -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 2i" x 2}") , located not less than 25' nor more than 165' from all portions of the building. 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 for a field inspection by the fire department prior to scheduling for a final inspection. 5 PLANNING COMMISSION RESOLUTION NO. 1719 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. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 8. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the fire marshal. Painted fire lanes and/or signs shall be stenciled or posted every 30' with the following: a) No Parking Fire Lane - PDMC 15.16.090 9. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC in rating. Fire extinguishes must not be over 75' walking distance and/or 3000 square feet of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 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). 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. 11. The minimum width of interior driveways for multi -family or apartment complexes shall be: a) 24 feet wide when serving less than 100 units, no parallel parking, carports or garages allowed on one side only. b) 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. c) 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d) 36 feet wide when parallel parking is allowed on both sides. 12. 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 6 PLANNING COMMISSION RESOLUTION NO. 1719 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". 13. 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, but is not limited to, educational, day care, institutional, health care type facilities. 14. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are not longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 16. Other: Must install a fire hydrant at entrance to project. 7 PLANNING COMMISSION RESOLUTION NO. 1719 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: PP 96-1 AND TT 28320 APPLICANT/PROJECT SPONSOR: Holly Management, Inc. 47-800 Madison Street, #4 Indio, CA 92201 PROJECT DESCRIPTION/LOCATION: An eight unit residential condominium project for seniors over age 55 located at the southeast corner of Catalina Way and San Carlos, also known as APN 627-114-001 and 627-114- 002. 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. ebruary 6, 1996 PHILIP DREL----DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 8