HomeMy WebLinkAboutRes No 1859PLANNING COMMISSION RESOLUTION NO. 1859
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST FOR
A TENTATIVE TRACT MAP, SUBDIVIDING 13.64 ACRES INTO
12 TIMESHARE UNITS AND APPROVAL OF A PRECISE
PLAN/CONDITIONAL USE PERMIT TO CONSTRUCT 102
TIMESHARE UNITS WITH RELATED AMENITIES. PROPERTY IS
LOCATED ON THE NORTH SIDE OF HOVLEY LANE EAST,
BETWEEN PORTOLA AVENUE AND COOK STREET.
CASE NO. TT 28701, PP/CUP 98-4
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of May, 1998, hold a duly noticed public hearing to consider the request by
MARRIOTT TIMESHARE OWNERSHIP, INC., 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. 97-18," 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 was previously certified as part of PP 87-1, GPA 87-1 and Resolution
No. 1199; 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
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. 1859
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.
CONDITIONAL USE PERMIT
1. That the proposed location of the conditional use is in accord with the
objectives of zoning ordinance and the purpose of the district in which it is
located.
2 That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public,
health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
4. That the proposed conditional use complies with the goal's, objectives and
the policies of the City's general plan.
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.
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PLANNING COMMISSION RESOLUTION NO. 1859
2. That approval of Tentative Tract Map 28701 and Precise Plan / Conditional
Use Permit 98-4 is hereby granted for reasons subject to the attached
conditions.
WHEREAS, in the review of this tentative tract map and precise plan/conditional
use permit 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. 28701 and
Precise Plan/Conditional Use Permit 98-4 is hereby approved, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of May, 1998, by the following vote, to wit:
AYES: FERNANDEZ, FINERTY, CAMPBELL
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: BEATY
ATTEST:
PHILIP DRELLSecretary
Palm Desert Planning Commission
--",,,T.‘.....Q..... j
/SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1859
CONDITIONS OF APPROVAL
CASE NOS. TT 28701, PP/CUP 98-4
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. All utilities shall be underground.
7. Minimum perimeter setback from property line to structure on the Howley Lane East
shall be 32 feet.
8. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said landscaping
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PLANNING COMMISSION RESOLUTION NO. 1859
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 Tong -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.
9. 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.
10. All future occupants shall comply with the City's parking ordinance (Section 25.58).
Department of Public Works
The following should be considered conditions of approval for the above -referenced project:
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 1859
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 any permits
associated with this project.
8. As required under Palm Desert Municipal Code Section 28.26, 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.
9. Installation of a median island landscaping in Hovley Lane East along the property
frontage shall be provided. Landscape treatment shall be water efficient in nature.
A cash deposit in lieu of actual construction may be provided at the option of the
Director of Public Works.
10. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control as well as Section 24.20, Stormwater Management and Discharge
Control.
11. 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.
12. Waiver of access rights to Hovley Lane East except at approved locations shall be
granted on the final map.
13. 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 improvements
shall include, but not be limited to the following:
* Construction of acceleration/deceleration lanes for the project entry.
* Modification of existing median island for project ingress/egress.
Rights -of -way as may be necessary for the construction of required public
improvements shall be provided on the final map.
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PLANNING COMMISSION RESOLUTION NO. 1859
tn. 14. 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.
15. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
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.
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
two construction of all commercial buildings per California Fire Code Sec. 10.301 C.
tar
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 a multi -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"x4"x2-1 /2"x2-1 /2"),
located not Tess than 25' nor more than 165 feet multi -family structure and 150'
commercial from any portion of the building(s) as measured along approved vehicular
travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type.
5. 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
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PLANNING COMMISSION RESOLUTION NO. 1859
building permit shall be issued until the water system plan has been approved by the
County Fire Chief. One copy will be sent to the responsible inspecting authority.
6. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990,
for all occupancies.
7. Install a complete fire sprinkler system per NFPA 13R. The post indicator valve and fire
department connection shall be located to the front, not less than 25' from the building
and within 50' of an approved hydrant. This applies to all buildings with 3000 square
feet or more building area as measured by the building footprint, including overhangs
which are sprinklered per NFPA 13. The building area of additional floors is added in for
a cumulative total. Exempted are one and two family dwellings.
8. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for
sprinkler system. Install tamper alarms on all supply and control valves for sprinkler
systems.
9. Certain designated areas will be required to be maintained as fire lanes and shall be
clearly marked by painting and /or signs approved by the Fire Marshal.
10. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code.
Minimum requirement is UL Central station monitoring of sprinkler system per NFPA 71
and 7. Alarm plans are required for all UL central station monitored system, systems
where any interior devices are required or used. (U.P.C. 14-103(a)).
Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than 2A10BC
in rating. Fire extinguishers must not be over 75' walking distance. In addition to the
above, a 40BC fire extinguisher is required for commercial kitchens.
12. 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.
13. 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
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PLANNING COMMISSION RESOLUTION NO. 1859
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 be approved by the Fire
Department. Minimum opening width shall be 16' with a minimum vertical clearance of
1 3'6".
14. A dead single access over 500' in length will require a secondary access, sprinklers or
other mitigative measure approved by the Fire Marshal. Under no circumstance shall a
single dead end access over 1300 feet be accepted.
15. 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.
16. Contact the fire department for a final inspection prior to occupancy.
17. All new residences/dwelling are required to have illuminated residential 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.
18. Commercial buildings shall have illuminated addresses of a size approved by the city.
19. 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.
20. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within twelve months.
Other:
Item # 7 NFPA 13R with special provision of fire sprinklers in attic and protect existing path
from second floor.
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