HomeMy WebLinkAboutRes No 1769PLANNING COMMISSION RESOLUTION NO. 1769
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING REQUEST FOR A
CHANGE OF ZONE FROM OPEN SPACE, NATURAL FACTORS TO
PLANNED RESIDENTIAL (four units per acre) AND A
TENTATIVE TRACT MAP CONSISTING OF 69 SINGLE FAMILY
CUSTOM LOTS ON 20 ACRES, LOCATED AT THE NORTHEAST
CORNER OF FRED WARING AND DEEP CANYON
CASE NO. C/Z 96-5, TT 28295
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 15th day of October hold a duly noticed public
hearing to consider the request of DESERT SOUTHWEST DEVELOPERS for
approval of the above described 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. 95-1-05," in that
the director of Community Development has determined that the project
will have no adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared.
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 recommending approval of the tentative
tract map to the City Council:
CHANGE OF ZONE
1. The proposed change of zone is consistent with the policies
of the adopted Palm Desert General Plan.
2. The land use resulting from the change of zone will not
substantially depreciate property values nor be materially
injurious to properties or improvements in the vicinity.
TENTATIVE TRACT MAP
1. That the proposed map is consistent with applicable general
and specific plans, as amended.
2. That the design or improvement of the proposed subdivision
is consistent with applicable general and specific plans.
PLANNING COMMISSION RESOLUTION NO. 1769
3. That the site is physically suitable for the
development.
4. That the site is physically suitable for the
density of development.
type of
proposed
5. The design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidable injure fish or wildlife or their
habitat.
6. That the design of the subdivision or the type of
improvements are 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.
8. That the design of the subdivision or the type of
improvements will not restrict solar access to the property.
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 approval of the above described Change of Zone 96-5,
Tentative Tract Map No. 28295 and Negative Declaration of
Environmental Impact are hearby recommended to the city
council, subject to the attached conditions.
2
PLANNING COMMISSION RESOLUTION NO. 1769
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this day of October 15, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILYP DRELL4 S'etary
Palm Desert Tanning Commission
PAUL BEATY, Chairpes�n
3
PLANNING COMMISSION RESOLUTION NO. 1769
CONDITIONS OF APPROVAL
CASE NO. C/Z 96-5, TT 28295
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the Department of Community Development, as
modified by the following conditions.
2. Recordation of the final map shall occur within 24 months 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 Authority
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. All sidewalk plans shall be reviewed and approved by the
department of public works prior to architectural review
commission submittal.
6. Prior to the removal of any date palms from the site, existing
pests shall be exterminated by a licensed pest control firm.
7. A six foot decorative block wall with landscaping shall be
installed around the perimeter of the site as approved by the
architectural review commission.
4
PLANNING COMMISSION RESOLUTION NO. 1769
8. All utilities shall be underground.
9. There shall be a minimum of 3 feet of clearance around any
equipment located on side yards.
10. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter
into an agreement to maintain said landscaping for the life of
the project, which agreement shall be notarized and which
agreement shall be recorded. It is the specific intent of the
parties that this condition and agreement run with the land and
bind successors and assigns. The final landscape plan shall
include a long-term maintenance program specifying among other
matters appropriate watering times, fertilization and pruning for
various times of the year for the specific materials to be
planted, as well as periodic replacement of materials. All to be
consistent with the Property Maintenance Ordinance (Ordinance No.
801) and the approved landscape plan.
11. The project shall be subject to all applicable fees at time of
issuance of permits including, but not limited to, Art in Public
Places, TUMF and school mitigation fees.
12. The following development standards shall apply.
Setbacks:
Front
20 feet
Rear
15 ft.
Sides
14 ft. combined,
5 ft. minimum
Street Side Yard
10 ft.
Coverage
35 %
Height
18' (1 story)
24' (2 story)
13. In no event shall two gable roof elevations be located adjacent
to each other without specific architectural review commission
approval.
14. Per Section 25.24.321 lots 7-10, 15-22, 27-34, and 37-44 are
suitable for two-story development.
15. All homes above 15 foot in height shall receive approval by the
Architecture Review Commission prior to construction.
5
PLANNING COMMISSION RESOLUTION NO. 1769
Department of Public Works
The following should be considered conditions of approval for the
above -referenced project:
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. Elements of the city's Master Drainage Plan
which are contiguous to this project shall be constructed as part
of this development. Associated costs shall be deducted from
the off -site drainage fees.
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.
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 off -site improvements shall be preceded by the
approval of plans and the issuance of valid encroachment
permits by the Department of Public Works.
8. Proposed building pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert
Municipal Code.
9. As required under Palm Desert Municipal Code Section 26.28, and
in accordance with Sections 26.40 and 26.44, complete improvement
6
PLANNING COMMISSION RESOLUTION NO. 1769
plans and specifications shall be submitted to the Director of
Public Works for checking and approval before construction of any
improvements is commenced. Off -site improvement plans to be
approved by the Public Works Department and a surety posted to
guarantee the installation of required off -site 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
paid prior to issuance of any permits associated with this
project.
11. In accordance with the Circulation Network of the Palm Desert
General Plan, installation of one-half landscaped median
island in Fred Waring 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.
12. Landscape installation on the property frontages shall be
water efficient in nature and maintenance shall be provided by
the developer. Landscaping maintenance for the Fred Waring Drive
median islands 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. Landscape maintenance for the
property frontages and the proposed retention basin areas
(temporary and permanent) shall be the responsibility of the
homeowners association.
13. Applicant shall comply with the provisions of Municipal Code
Section 12.12, Fugitive Dust Control
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. Waiver of access rights to Fred Waring Drive and Deep Canyon
Road except at approved locations shall be granted on the Tract
Map.
16. 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
7
PLANNING COMMISSION RESOLUTION NO. 1769
shall agree to participate in any future undergrounding
district.
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 off-site/on-site
improvements shall include, but not be limited to the
following:
* Construction of curb, gutter and asphalt pavement at 43'
from centerline for Fred Waring Drive, 32' from centerline
for Deep Canyon Road, and 18' from centerline for Moss Rose
Drive.
* Traffic signal modification at the northeast corner of
Fred Waring Drive and Deep Canyon Road.
* Installation of meandering concrete sidewalk in in-
appropriate size and configuration along the Fred Waring
Drive, Deep Canyon Road and Moss Rose Drive project
frontages.
Rights -of -way as may be necessary for the construction of
required public improvements shall be provided on the Tract Map.
18. Private street sections are acceptable as shown on the tentative
map. Main entry gate (if proposed) shall be located a minimum
of one hundred feet (100') east of the Deep Canyon Road curb
line.
19. Traffic safety striping on Fred Waring Drive, Deep Canyon Road
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.
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 25 year storm. The proposed
"temporary" retention system shall be designed to accommodate
a 100 year storm event.
8
PLANNING COMMISSION RESOLUTION NO. 1769
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section
15070) of the California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: C/Z 96-5 / TT 28295
APPLICANT/PROJECT SPONSOR: Desert Southwest Developers / Dan
Arthofer
PROJECT DESCRIPTION/LOCATION:
Change of Zone from Open Space, Natural Factors to Planned
Residential (four units per acre), and a tentative map allowing the
construction of 69 custom single family homes on 20 acres at the
northeast corner of Deep Canyon and Fred Waring Drive, Palm Desert,
California (APN: 624-230-001 & 008).
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.
O tober 15, 1996
PHILIP ALL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
9