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HomeMy WebLinkAboutRes No 1805PLANNING COMMISSION RESOLUTION NO. 1805 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST FOR A TENTATIVE TRACT MAP, SUBDIVIDING 20 ACRES INTO 72 SINGLE FAMILY LOTS EACH A MINIMUM OF 9,000 SQUARE FEET. PROPERTY IS LOCATED ON THE WEST SIDE OF WASHINGTON STREET, 1300 FEET NORTH OF FRED WARING DRIVE. CASE NO. TT 28549 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of May, 1997 hold a duly noticed public hearing to consider the request by LANCE ALACANO 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. 95-105," 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; 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 tentative tract map: 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. 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. 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. PLANNING COMMISSION RESOLUTION NO. 1805 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 Tentative Tract Map No. 28549 and Negative Declaration of Environmental Impact are hearby approved, 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 May, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, cretary Palm Desert Pla ning Commission 2 J MES CA RGURSON, Chairperson PLANNING COMMISSION RESOLUTION NO. 1805 CONDITIONS OF APPROVAL CASE NO. TT 28549 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 Review 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. Desert landscaping shall be installed and maintained by the Homeowners Association at the ends of all cul-de-sac streets. Plant material shall be determined by applicant and Desert Breeze's Homeowners Association and shall be approved by the Architecture Review Commission. 7. All utilities shall be underground. 3 PLANNING COMMISSION RESOLUTION NO. 1805 8. There shall be a minimum of 3 feet of clearance around any equipment located on side yards. 9. 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. 10. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Fringe Toad Lizard, Art in Public Places, TUMF and school mitigation fees. 11. The project's development standards shall comply with Section 25.16, including but not limited to the following: Setbacks: Front 20 feet Rear 15 ft. Sides 14 ft. combined, 5 ft. minimum Lots: 23,24,37,38,51,52, 65,66 Min.10 ft. South Side yard; Max. 1,800 sqft home. Street Side Yard 10 ft. Coverage 35 % Height 18' (1 story) 24' (2 story) 12. In no event shall two gable roof elevations be located adjacent to each other without specific architectural review commission approval. 13. All homes above 15 foot in height shall receive approval by the Architecture Review Commission prior to construction. 4 PLANNING COMMISSION RESOLUTION NO. 1805 14. Applicant shall be responsible for any damage to existing Desert Breeze's north perimeter wall that may result from any grading, development of homes or by individual Tucson homeowners. 15. Applicant shall be responsible for improving or providing a minimum 6 foot wall along the Desert Breeze's property as measured from the Tucson side. Said wall can include a combination of decorative masonry block, slope and open fencing as determined to be feasible the City's Building Department. All other perimeter walls shall be a maximum 6 foot high as approved by the Architecture Review Commission. 16. After completion of grading, applicant shall apply soil stabilizer to graded pads and streets. 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. 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 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 tract 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. 5 PLANNING COMMISSION RESOLUTION NO. 1805 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. 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. 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. 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. Landscape installation on the property frontages shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. Landscaping maintenance for said landscape as well as those area designated "detention basin" shall be provided by 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 (c) the aforementioned landscaping and detention basin maintenance shall be the responsibility of the property owners association. 11. In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Washington Street shall be provided. Landscape treatment shall be water efficient in nature and shall be maintained in the same manner as specified above. A cash payment in lieu of actual construction may be provided at the option of the Director of Public Works 12. Applicant shall comply with the provisions of the Municipal Code Section 12.12, Fugitive Dust Control. 13. 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. 14. Waiver of access rights to Washington Street except at approved locations shall be granted on the final map. 15. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, olio all existing overhead utilities shall be placed underground per the respective utility 6 PLANNING COMMISSION RESOLUTION NO. 1805 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 off-site/on- site improvements shall include, but not be limited to the following: * Construction of curb, gutter and paving as well as sidewalk in the appropriate size and configuration along Washington Street. * Construction of acceleration/deceleration lanes for the project entry. * Construction of city standard cul-de-sac at the easterly terminus of Robin Road. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the final map. 17. Traffic safety striping shall be provided to the specification 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. 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 Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the 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. 7 PLANNING COMMISSION RESOLUTION NO. 1805 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 1500 gpm for a 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"x4"x2-1 /2"x2- 1 /2"), located not Tess than 25' or more than: a) 200 feet 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 require fire flow. 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. Plans shall conform to fire hydrants types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer or may be signed by the local water company with the following certification: "I certify that the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. The system has been designed to provide a minimum flow of 1500 gallons per hour. 7. 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'. a) No Parking Fire Lane - PDMC 15.16.090. 8. 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 Tess 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 8 PLANNING COMMISSION RESOLUTION NO. 1805 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. 9. 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 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. All controlled access devices that are not power operated shall be approved by the Fire Department. Minimum opening width shall be 1 6' with a minimum vertical clearance of 13'6". 10. A second access is required. This can be accomplished by two main access points from the roadway or an emergency gated access into an adjoining development. 11. Contact the fire department for a final inspection prior to occupancy. 12. All new residences/dwelling are required to have illuminated addresses meeting both City and Fire Department approval. Shake shingles roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 14. Other: Item # 8 as drawn is not in compliance Item #10 should be from the end of Robin Rd. to street "B". 9 PLANNING COMMISSION RESOLUTION NO. 1805 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 28549 APPLICANT/PROJECT SPONSOR: Lance Alacano PROJECT DESCRIPTION/LOCATION: Tentative Tract Map allowing the construction of 72 single family homes on 20 acres, located on the West side of Washington Street, 1300' North of Fred Waring Drive, Palm Desert, California (APN: 637-330-001). 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. AA1Ley 6. 1997 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10