HomeMy WebLinkAboutRes No 1921PLANNING COMMISSION RESOLUTION NO. 1921
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A TENTATIVE
TRACT MAP CONSISTING OF 64 SINGLE FAMILY LOTS ON 17.5
ACRES LOCATED AT THE NORTHWEST CORNER OF FRED WARING
AND PHYLLIS JACKSON LANE OR 76-400 MOSS ROSE ROAD.
CASE NO. TT 28590
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of April hold a duly noticed public hearing to consider the request of
SOUTHLAND COMMUNITIES, 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 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.
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.
PLANNING COMMISSION RESOLUTION NO. 1921
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. 28590 and
Negative Declaration of Environmental Impact are hereby 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 April, 1999, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
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SABBY JO • TH • N, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1921
CONDITIONS OF APPROVAL
CASE NO. TT 28590
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 Commission
Riverside County 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. Prior to the removal of any date palms from the site, existing pests shall be
exterminated by a licensed pest control firm.
7. A six foot decorative block wall with landscaping shall be installed around the
perimeter of the site (Fred Waring, Phyllis Jackson and Moss Rose Road) as approved
by the architectural review commission.
8. All utilities shall be underground.
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PLANNING COMMISSION RESOLUTION NO. 1921
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, Art in Public Places, TUMF and school mitigation fees.
11. Residential construction shall comply with Sections 25.24 and 25.16, including but
not limited to the following development standards:
Setbacks: 1 Story 2 Story
Front 20 feet 20 feet
Rear 15 ft. 25 ft.
Sides 14 ft. combined, 5 ft. minimum 15 ft.
Street Side Yard 10 ft. 10 ft.
Coverage 35 % 25 %
Height 18' 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. Per Section 25.24.321, lots 6-9, 13-16, 17-20, 24-31, 35-42 are suitable for two-
story development.
14. All homes above 15 foot in height shall receive approval by the Architecture Review
Commission prior to construction.
14a. A single ingress/egress point shall be provided from Phyllis Jackson Lane, with an
emergency access available to Moss Rose Road. Location of said shall be approved
by the Director of Public Works Department.
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PLANNING COMMISSION RESOLUTION NO. 1921
Department of Public Works:
limp
15. 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.
16. 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 proposed
storm water detention areas shall be designed to retain stormwaters associated with
the increase in developed vs. undeveloped condition for a 25 year storm.
17. 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 final map.
18. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
19. 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.
20. 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.
21. 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.
22. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
23. 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.
24. 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.
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PLANNING COMMISSION RESOLUTION NO. 1921
25. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of one-half landscaped median island in Fred Waring Drive shall be
provided. Landscape shall be water efficient in nature. A cash payment in lieu of
actual installation may be submitted at the option of the Director of Public Works.
26. Landscape installation on the property frontages (Fred Waring Drive and Phyllis
Jackson Lane) 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 "detention basins" 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 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 (c) the aforementioned landscaping and detention
basin maintenance shall be the responsibility of the property owners association.
27. 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.
28. 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.
29. Waiver of access rights to Fred Waring Drive and Phyllis Jackson Lane except at
approved locations shall be granted on the Tract Map.
30. Traffic safety striping on Fred Waring Drive, Phyllis Jackson Lane and the proposed
residential streets 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.
31. 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/onsite
improvements shall include, but not be limited to the following:
Construction of curb, gutter and asphalt pavement at 43' from
centerline for Fred Waring Drive as well as an eight foot wide passenger
drop-off zone approximately 260' in length west of the Phyllis Jackson
Lane intersection.
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PLANNING COMMISSION RESOLUTION NO. 1921
* Widening Phyllis Jackson Lane by 15 feet to provide for a total of 5
travel lanes, 11 feet in width for a distance of approximately 600' north
of Fred Waring Drive including any necessary traffic signal
modifications. The costs associated with this improvement shall be
reimbursed to the applicant upon completion of the improvements and
acceptance by the city.
* Construction of curb, gutter and asphalt paving on Moss Rose Drive and
the proposed project streets as shown of the tentative map.
* Installation of meandering concrete sidewalk in an appropriate size and
configuration along the Fred Warring Drive, Phyllis Jackson Lane and
Moss Rose Drive project frontages.
Rights -of -way as may be necessary for the construction of required public
improvements shall be provided on the Tract Map.
32. The project shall provide for a secondary access on Phyllis Jackson Lane
approximately 550' north of Fred Waring Drive.
33. 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.
34. All construction traffic shall access the project from Fred Waring Drive. Prior to the
start of construction, applicant shall submit a traffic control plan for the subject
entry.
Riverside County Fire Department:
35. 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.
36. 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.
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PLANNING COMMISSION RESOLUTION NO. 1921
37. Provide, or show there exists a water system capable of providing a potential gallon
per minute flow of 1500 for single family, 2500 for multi -family, and 3000 for
commercial. The actual fire flow available from any one hydrant connected to any
given water main shall be 1500 GPM for two hours duration at 20 PSI residual
operating pressure.
38. 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.
39. 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
field inspection by the Fire Department prior to request for final inspection.
40. 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.
41. 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.
42. 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 also be
approved by the Fire Department. Minimum opening width shall be 16' with a
minimum vertical clearance of 13'6".
43. A second access is required. This can be accomplished by two main access points
from main roadway or an emergency gated access into an adjoining development.
44. 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. 1921
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 28590
APPLICANT/PROJECT SPONSOR: Southland Communities Inc.
PROJECT DESCRIPTION/LOCATION:
Tentative tract map allowing the construction of 64 single-family homes on 17.5 acres,
located the northwest corner of Fred Waring Drive and Phyllis Jackson Lane, Palm
Desert, California (APN: 624-023-013 & 014).
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.
APRIL 6, 1999
STEPHEN R. SMITH DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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