HomeMy WebLinkAboutRes No 1913PLANNING COMMISSION RESOLUTION NO. 1913
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL
TO THE CITY COUNCIL A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT
FROM PARK TO LOW DENSITY RESIDENTIAL, CHANGE OF
ZONE FROM O.S. (OPEN SPACE) TO R-1 (SINGLE-FAMILY
RESIDENTIAL) AND A TENTATIVE TRACT MAP TO SUBDIVIDE
7.8 ACRES INTO 26 SINGLE FAMILY LOTS ON PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF PORTOLA AND
SILVER SANDS PARKWAY, 40-752 PORTOLA AVENUE.
CASE NOS. GPA 98-7, C/Z 98-8 & TT 29067
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of February, 1999 hold a duly noticed public hearing to consider the request
by MAINIERO, SMITH AND ASSOCIATES on behalf of US HOME CORP. 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 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 general plan
amendment, change of zone and tentative tract map:
FINDINGS NECESSARY FOR APPROVAL OF A GENERAL PLAN AMENDMENT:
1. The proposed general plan amendment from Park to Low Density Residential
is compatible with the surrounding properties. The General Plan amendment
from Park to Low Density Residential will not reduce the neighborhood's
"park" opportunities, due to the City's development of a 20 acre park 0.75
miles to the east.
2. The proposed General Plan amendment to from Park to low density residential
is consistent with the existing and long term land use of the area.
FINDINGS FOR APPROVAL OF A CHANGE OF ZONE:
1. The proposed change of zone from 0.S. (Open Space) to R-1 (Single-family
Residential) is consistent with the proposed Low Density Residential General
Plan Designation.
PLANNING COMMISSION RESOLUTION NO. 1913
2. The land use resulting from the change of zone will not substantially
depreciate property values nor be materially injurious to properties or
improvements in the vicinity.
FINDINGS FOR APPROVAL OF A 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.
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.
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 a Negative Declaration of Environmental Impact (Exhibit "A"
attached hereto), General Plan Amendment 98-7 (Exhibit "B" attached hereto,
Change of Zone 98-8 (Exhibit "C" attached hereto) and Tentative Tract Map
29067 on file in the Department of Community Development is hereby
recommended to the City Council, subject to the attached conditions.
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PLANNING COMMISSION RESOLUTION NO. 1913
WHEREAS, in the review of this general plan amendment, change of zone and
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.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 16th day of February; 1999, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: BEATY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla ning Commission
SABBY JO THAN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1913
CONDITIONS OF APPROVAL
CASE NOS. GPA 98-7, C/Z 98-8 & TT 29067
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. All perimeter landscaping shall be installed and maintained by the Homeowners
Association.
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
for the life of the project, which agreement shall be notarized and which agreement
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PLANNING COMMISSION RESOLUTION NO. 1913
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.
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. The project's development standards shall comply with Section 25.16 of the City
zoning ordinance, including but not limited to the following:
Setbacks:
Front 20 feet
Rear 15 ft.
Sides 14 ft. combined,
5 ft. minimum
Street Side Yard 10 ft.
Coverage 35 %
Height 18' (1 story)
11. In no event shall two gable end roofs be located next to each other without specific
Architectural Review Commission approval.
12. All homes above 15 feet in height shall receive approval by the Architectural Review
Commission or by the applicable home owners association prior to obtaining building
permit.
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 drainage conditions as they impact this project.
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.
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PLANNING COMMISSION RESOLUTION NO. 1913
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. Existing
public street rights -of -way affected by this map shall be abandoned in accordance
with Government Code Section 66499.20 1/2 (Subdivision Map Act).
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. 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 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.
9. 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 areas designated
"retention" 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 he 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 tract Map; and ° the
aforementioned landscaping and retention maintenance shall be the responsibility of
the property owners association.
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.
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PLANNING COMMISSION RESOLUTION NO. 1913
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 Portola Avenue and Silver Sands Way 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 curb, gutter and paving as well as sidewalk in an appropriate
size and configuration along Silver Sands Way.
Rights -of -way as may be necessary for the construction of required public
improvements shall be provided on the final map.
14. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
15. 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.
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,
the Fire Department recommends the following fire protection measures be provided
in accordance with City Municipal Code, NFPA, UFC, and UBC 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 Uniform Fire Code Sec. 10.301 C.
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PLANNING COMMISSION RESOLUTION NO. 1913
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure
must be available before any combustible material is placed on the job site.
3. Provide, or show there exists a water system capable of providing a potential gallon
per minute flow of 1500 for single family. The actual fire flow available from any
one hydrant connected to any given water main shall be 1500 GPM for two hours
duration at 200 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 200' single family 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 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 hydrant types, location and spacing, and the system shall
meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer
and may be signed by the local water company with the following certification: "I
certify that the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department." "System has been designed
to provide a minimum gallon per minute flow of 1500."
6. 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 Marshall.
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 not be 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.
8. 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
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PLANNING COMMISSION RESOLUTION NO. 1913
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 also be
approved by the Fire Department. Minimum opening width shall be 16' with a
minimum vertical clearance of 13'6".
9. Contact the Fire Department for a final inspection prior to occupancy.
10. All new residences/dwellings are required to have illuminated residential 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.
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PLANNING COMMISSION RESOLUTION NO. 1913
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 98-7, C/Z 98-8 and TT 29067
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
US HOME CORP.
4371 LATHUM STREET
RIVERSIDE, CA 92501
Approval of a General Plan Amendment from "Park" to "Low Density Residential", Change
of Zone from "Open Space" (O.S.) to "Single-family Residential" (R-1) and a Tentative Tract
Map, subdividing 7.8 acres into 26 single family homes. Property is located at the
southeast corner of Portola Avenue and Silver Sands Parkway, Palm Desert, California (APN:
624-282-001).
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.
February 16, 1999
PHILIP DRELL DATE
DIRECTOR OF OMMUNITY DEVELOPMENT
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(244 Jawlgal ed Case No. GPA 98-7 PLANNING COMMISSION
GENERAL PLAN AMENDMENT RESOLUTION NO. 1913
EXHIBIT B
Date: February 16, 1999
Case No. C/Z 98-8 PLANNING COMMISSION
Change of Zone RESOLUTION NO, 1913
EXHI IT C Date: February 16, 1999