Loading...
HomeMy WebLinkAboutRes No 1845PLANNING COMMISSION RESOLUTION NO. 1845 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, TENTATIVE TRACT MAP TO SUBDIVIDE TWO EXISTING PARCELS INTO SIX AND A PRECISE PLAN TO ALLOW THE CONSTRUCTION OF 5 CONDOMINIUM UNITS EACH 1,550 SQUARE FEET. PROPERTIES ARE LOCATED AT THE SOUTHEAST CORNER OF ABRONIA TRAIL AND SUNSET LANE. CASE NOS. TT 28658 AND PP 97-17 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of January, 1998, hold a duly noticed public hearing to consider the above request by WESTWIND DEVELOPMENT; 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 tentative tract map and the precise plan will not a significant negative 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 granting approval of said tentative tract map and precise plan: 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. 1845 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. PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of the 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. 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 TT 28658 and PP 97-15 is hereby granted for reasons 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 January, 1998, by the following vote, to wit: AYES: BEATY, FERNANDEZ, JONATHAN, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecre ary Palm Desert PI nning Commission ONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1845 CONDITIONS OF APPROVAL CASE NOS. TT 28658 AND PP 97-17 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. 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 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. Applicant shall participate in a residential recycling program as determined by the City Environmental Conservation Manager and applicable Waste Disposal Company. Said placement of bins shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the zoning ordinance. 7. 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 3 PLANNING COMMISSION RESOLUTION NO. 1845 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. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. The project's setbacks shall conform standards in Section 25.20 of the City's Zoning Ordinance. 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 final map or issuance of 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 tract 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. 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. 4 PLANNING COMMISSION RESOLUTION NO. 1845 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. Offsite improvement shall include city standard sidewalk and driveway installation with 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. 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 and common areas 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 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 (c) the aforementioned landscaping and detention basin maintenance shall be the responsibility of the property owners association. 1 1 . Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control 12. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 13. 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. 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, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. 5 PLANNING COMMISSION RESOLUTION NO. 1845 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"x4"x2-1 /2"x2- 1 /2"), located not Tess than 25' or more than: a)165 feet from multi -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 verification 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. Install a complete fire sprinkler system per NFPA 13. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13R. The building area of additional floors is added in for cumulative total square footage. Exempted are one and two family dwellings. APPLIES TO UNITS 3-4-5. 7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 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: 6 J J J PLANNING COMMISSION RESOLUTION NO. 1845 a) No Parking Fire Lane - PDMC 15.16.090. 9. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirements is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required to be used. (CFC Sec. 14.103(a)) 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 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 Tess than 100 units, no parallel parking, carports or garages allowed on one side only, or as approved by the Fire Marshal. 12. Contact the Fire Department for a final inspection prior to occupancy. 13. All new residences/dwellings are required to have illuminated residential addresses meeting both the City and Fire Department approval. Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 7 PLANNING COMMISSION RESOLUTION NO. 1845 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS.: TT 28658 and PP 97-17 APPLICANT/PROJECT SPONSOR: WESTWIND DEVELOPMENT 44-817 DEL DIOS CIRCLE INDIAN WELLS, CA 92210 PROJECT DESCRIPTION/LOCATION: Tentative tract map to subdivide a .384 acre property into six parcels and a precise plan to construct five condominium units, each 1,550 square feet in the multi -family residential district. Property is located on the southeast corner of Abronia Trail and Sunset Lane. 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. A 6, 1998 PHILIP DREL DAT DIRECTOR 0 COMMUNITY DEVELOPMENT 8