HomeMy WebLinkAboutRes No 1831PLANNING COMMISSION RESOLUTION NO. 1831
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A VESTING TENTATIVE
TRACT MAP FOR 42 LOTS ON 55 ACRES EAST OF PORTOLA
AVENUE, SOUTH OF "THE LIVING DESERT".
CASE NO. VESTING TT 28655
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of October, 1997, hold a duly noticed public hearing to consider the request of
LOWE RESERVE CORPORATION for 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. 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 tentative tract
map:
(a) That the proposed map is consistent with applicable general and specific plans.
(b) That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
(c) That the site is physically suitable for the type of development.
(d) That the site is physically suitable for the proposed density of development.
(e) 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.
(f) That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
(g) 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.
PLANNING COMMISSION RESOLUTION NO. 1831
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 Vesting Tentative Tract Map
No. 28655, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 7th day of October, 1997, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FERNANDEZ, JONATHAN, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RGUSON, Chairperson
ATTEST:
PHILIP DRELL Secretary.
Palm Desert ' anning Commission
PLANNING COMMISSION RESOLUTION NO. 1831
CONDITIONS OF APPROVAL
CASE NO. VESTING TT 28655
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 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 unless a development agreement is adopted which
will supersede this condition.
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 statues now in force, or which hereafter may be in force. Applicant
and/or their successor shall pay all city fees in effect when the building permits for
this development project are issued.
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
City Fire Marshal
Public Works Department
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. An errant ball study, including a fairway deterrent, shall be prepared and approved
by Palm Desert's planning department in addition to Indian Wells approval, prior to
grading permit issuance.
6. Maximum building heights shall be 18 feet.
7. Setbacks shall remain with 10 foot minimum sides, 20 foot front and rear.
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PLANNING COMMISSION RESOLUTION NO. 1831
8. Applicant shall install a median break on Portola prior to issuance of a grading permit
for the Palm Desert portion of the map.
9. If the Ironwood Homeowners Association No. 5 (HOA #5) experiences a future
problem with errant golf balls, it may request a meeting with the developer. In such
event, the developer and HOA #5 shall meet and confer in a good faith effort to
resolve the problem. If the parties are unable to resolve the problem, either HOA #5
or the developer may request that the matter be considered by the City Council.
Following such request, the matter shall first be referred to the Planning Department
for review and staff report, and thereafter the City Council shall consider the matter
at a regularly scheduled meeting and make recommendations regarding resolution of
the problem.
10. Prior to grading permit issuance, the developer shall submit its golf club bylaws to the
City Attorney. Such bylaws shall include appropriate provisions to establish a lateral
hazard along the west side of the #4 fairway as more fully described in the errant ball
study. Such provisions shall not be amended without the consent of Ironwood HOA
#5.
All other provisions from development agreement shall remain in force on the project
as applicable, and shall include all conditions, mitigation measures, and mitigation
monitoring program per the adopted Environmental Impact Report.
Department of Public Works:
1. 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 and downstream drainage conditions as they
impact this project and existing development.
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
recordation of final map.
3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
residential and golf course classifications. Payment of said fees shall be at the time
of building permit issuance (residential) and grading permit issuance (golf course).
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PLANNING COMMISSION RESOLUTION NO. 1831
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. Full improvements of interior streets based on residential street standards in
accordance with City standards or as approved by the city engineer shall be provided.
The proposed interior street sections as shown on the tentative map are acceptable
for this project.
6. 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.
7. 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 grading
permits.
8. Landscaping 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 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 final map; and (c) the aforementioned landscaping maintenance
shall be the responsibility of the property owners association.
9. 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
as appropriate. Project specific public improvements shall include, but not be limited
to, the construction of acceleration/deceleration lane for the project entry,
modification of the existing landscaped median island in Portola Avenue to provide
for left turn ingress/egress to the project and the construction of sidewalk in an
appropriate size and configuration. Rights -of -way as may be necessary for the
construction of required public improvements shall be provided on the Final Map.
Construction of the median island modifications shall be completed prior to the
issuance of project grading permits.
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PLANNING COMMISSION RESOLUTION NO. 1831
10. 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.
11. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
12. Traffic safety striping on Portola Avenue 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.
13. 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.
14. Provisions for the continuation of existing access rights (easements, etc.) shall be
provided for on the Final Map or by separate documents as appropriate.
15. Waiver of access rights to Portola Avenue except at approved locations shall be
granted on the Final Map.
16. 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.
17. Applicant shall comply with provisions of Palm Desert Municipal Code Section 12.12,
Fugitive Dust Control.
18. All appropriate provisions contained within that certain Development Agreement by
and between the City of Palm Desert and Lowe Reserve Corporation as adopted by
Ordinance No. 715 on May 13, 1993, shall be considered applicable to this project.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan check,
the Fire Department recommends the following fire protection measures be provided
in accordance with City Municipal Codes, NFPA Standards, CFC, CBC and/or
recognized fire protection standards.
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PLANNING COMMISSION RESOLUTION NO. 1831
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) 1500 gpm for single family structure; and b) 3000 gpm for
commercial 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 2-1/2" x
2-1/2"), located not less than 25' nor more than: a) 200' from single family
structure; and b) 150' from commercial 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.
fir.. 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.
6. 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
7. 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.
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PLANNING COMMISSION RESOLUTION NO. 1831
8. Whenever access into private 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. 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".
9. A dead end single access over 500' in length will require a secondary access,
sprinklers or other mitigative measure approved by the Fire Marshal. Under no
circumstances shall a single dead end access over 1300 feet be accepted.
10. A second access is required. This can be accomplished by two main access points
from a main roadway or an emergency gated access into an adjoining development.
All new residences/dwellings are required to have illuminated addresses meeting both
City and Fire Department approval. Shake shingle roofs are no longer permitted in
the cities of Indian Wells, Rancho Mirage or Palm Desert.
12. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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