HomeMy WebLinkAboutRes No 1798PLANNING COMMISSION RESOLUTION NO. 1798
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
APPROVING A TENTATIVE PARCEL MAP SUBDIVIDING INTO 19
PARCELS THE EXISTING 306 +/- ACRE SITE LOCATED SOUTH OF
INTERSTATE 10, EAST AND WEST OF COOK STREET CONSISTENT
WITH A DEVELOPMENT PLAN WHICH HAS BEEN RECOMMENDED TO
THE CITY COUNCIL FOR APPROVAL.
CASE NO. TPM 28448
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of April, 1997, hold a duly noticed public hearing which was continued from
February 18, 1997, March 4 and April 1, 1997 to consider the request of MAINIERO,
SMITH AND ASSOCIATES on behalf of DAVID FREEDMAN AND COMPANY, INC., for the
above noted tentative parcel map; 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. 97-18," in that the Director of Community Development has determined that the project
has been previously assessed; 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 parcel map:
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 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. 1798
8. That the size of the lots created is sufficient so as to not negatively impact any future
passive or natural heating or cooling opportunities.
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 Parcel Map No.
28448, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 1st day of April, 1997, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FERNANDEZ
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: FERGUSON
ATTEST:
PHILIP DRELL, lecretary
Palm Desert Planning Commission
JA ES C USON, Chairperson
2
PLANNING COMMISSION RESOLUTION NO. 1798
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 a median island in Gerald Ford Drive and Cook Street shall be provided.
Landscape treatment shall be water efficient in nature and shall be in accordance with
the City of Palm Desert landscape design standards. Landscaping maintenance for
the required median island shall be provided through a property owners association.
Applicant shall be responsible for executing a declaration of Conditions, Covenants
and Restrictions, which declaration shall be approved by the City of Palm Desert and
recorded with the County Recorder. The declaration shall specify: (a) the applicant
shall oversee the formation of a property owners association; (b) the property
owners association shall be formed prior to the recordation of the Parcel Map; and
the aforementioned landscaping shall be the responsibility of the property owners
association.
12. Landscape installation on the property frontages shall be water efficient in nature and
maintenance shall be provided in the same manner specified above.
13. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive
Dust Control
14. The location and permitted movements of all project entry points shall be subject to
the review and approval of the Director of Public Works.
15. 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.
16. Waiver of access rights to Cook Street, Gerald Ford Drive, Portola Avenue and
proposed interior streets, except at approved locations shall be granted on the parcel
map.
17. 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.
5
PLANNING COMMISSION RESOLUTION NO. 1798
18. 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 Cook Street and Gerald Ford Drive.
* Construction of acceleration/deceleration lanes for the project entries.
* Construction of transit facilities as may be required by Sunline Transit Agency.
* Rights -of -way as may be necessary for the construction of required public
improvements shall be provided on the parcel map.
Actual construction of ultimate roadway improvements associated with those parcels
not programmed for development under this project may be deferred until such time
as specific development approvals are requested. Applicant shall submit surety in a
form acceptable to the city attorney as guarantee for the future construction prior to
the recordation of the Parcel Map
19. Applicant shall be responsible for the implantation of those traffic impact mitigation
measures identified in the Wonder Palms Commercial Center Circulation Impact Study
prepared by Endo Engineering and approved by the City of Palm Desert Public Works
Depart.
20. Traffic safety striping 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.
21. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
22. 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 activity.
23. 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.
6
PLANNING COMMISSION RESOLUTION NO. 1798
CONDITIONS OF APPROVAL
CASE NO. TPM 28448
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, Case No. PP 96-10 and the master plan
of development as may be approved by City Council, and as modified by the
following conditions.
2. Recordation of at least one phase of this 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.
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 & Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. That all conditions established pursuant to PP 96-10 by the City Council and master
plan of development shall apply to this tentative parcel map 28448.
6. That approval of this tentative parcel map is subject to the City Council approving a
change of zone of the property to PCD (planned community development), precise
plan of design, master plan of development and development agreement.
3
PLANNING COMMISSION RESOLUTION NO. 1798
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 parcel map or issuance
of grading permits. As provided for in Section 26.49.030 of the Palm Desert
Municipal Code , the costs associated with the construction of master plan drainage
facilities may be deducted from the project 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. The subject study
shall include analysis of the upstream drainage conditions as they impact this project.
Project design shall provide for the on -site retention of the 100 year storm event.
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).
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. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
7. Complete parcel 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.
8. 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.
9. As required under Palm Desert Municipal Code Section 26.28, and in accordance with
Sections 26.4-0 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.
4