HomeMy WebLinkAboutRes No 1965PLANNING COMMISSION RESOLUTION NO. 1965
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, SUBDIVIDING 9.74 ACRES INTO 32
SINGLE-FAMILY LOTS. PROPERTY IS LOCATED AT 37-725
PORTOLA AVENUE, ALSO DESCRIBED AS A.P.N. 653-380-007
AND 023.
CASE NO. TT 29444
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 st day of December, 1999 hold a duly noticed public hearing to consider the request
by THE ULTIMATE RETURN, 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:
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. 1965
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 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. 29444 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 21 st day of December, 1999, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, BEATY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
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R. BEATY Vice Cha
PAUL person
PLANNING COMMISSION RESOLUTION NO. 1965
CONDITIONS OF APPROVAL
CASE NO. TT 29444
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 onsite utilities shall be underground.
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
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
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PLANNING COMMISSION RESOLUTION NO. 1965
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 permits
including, but not limited to, Fringe Toad Lizard, Art in Public Places, TUMF and
school mitigation fees.
9. Project shall comply with requirements of Section 25.16.060 of the Zoning
Ordinance, including but not limited to the following:
Front Setback 20 feet
Rear Setback 15 feet
Side Yard Setback 14' combined, min. 5
Street Side Yards Setback 10 feet
Max Height 18 feet (one-story)
Max Lot Coverage 35%
10. That the applicant shall obtain approval of an exterior wall and landscape plan from
Architectural Review Commission.
11. That the applicant shall obtain legal access to connect "B" Street to either the north
or south to existing improved public streets. Project shall not have direct access to
Portola Avenue.
12. On Street "B" and Portola Avenue the applicant shall provide a minimum of 20 feet
setback from curb fact to perimeter block walls.
Department of Public Works:
13. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and
Palm Desert Ordinance Number 653, shall be paid prior to recordation of final map.
14. Storm drain/retention area design and construction 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.
15. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-
55, shall be paid prior to recordation of final map.
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PLANNING COMMISSION RESOLUTION NO. 1965
16. 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.
17. 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 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 recordation of final map. Such offsite improvements shall include,
but not be limited to, curb and gutter, asphalt paving and concrete sidewalk in an
appropriate size and configuration. "As -built" plans shall be submitted to, and approved
by, the Director of Public Works prior to the acceptance of the improvements by the city.
18. Improvement plans for water and sewer systems shall be approved by the respective
service districts with "as -built" plans submitted to the Department of Public Works prior
to project final.
19. All public improvements shall be inspected by the Department of Public Works and a
standard inspection fee shall be paid prior to issuance of grading permits.
20. Landscaping maintenance on Portola Avenue and "B" street shall be provided by the
homeowners association. If no homeowners association is formed for this project, the
applicant shall provide for the formation of a Lighting and Landscape Maintenance
District. Applicant shall be responsible for all costs associated with the formation of the
district. Fees required for the annexation process shall be deposited with the city at time
of final map submittal. Subject landscaping shall be drought tolerant in nature.
21. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans
and specifications shall be submitted to the Director of Public Works for checking and
approval prior to issuance of any permits.
22. Traffic safety striping shall be installed 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.
23. Full improvements of interior streets based on residential street standards in accordance
with Section 26.40 of the Palm Desert Municipal Code shall be provided. Proposed "A"
Street shall be improved at 36 feet within 50 feet of full right-of-way and proposed "B"
Street shall be improved at 64 feet within 88 feet of half -street right-of-way. In addition,
the project shall provide for the construction of a paved connector roadway (minimum
width of 28 feet) extending proposed "B" Street southerly to Frank Sinatra Drive.
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PLANNING COMMISSION RESOLUTION NO. 1965
24. 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.
25. 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.
26. 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.
27. Pad elevations, as shown on the tentative map are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code. Pad elevations adjacent
to existing residential development shall be limited to a maximum grade deferential of 12
inches.
28. Waiver of access to Portola Avenue and proposed "B" Street except at approved
locations shall be granted on the final map.
29. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge
Control.
30. Prior to the start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Works of intended compliance with the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit for storm water discharges
associated with construction.
Riverside County Fire Department:
31. 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:
32. 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.
33. 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.
34. 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
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PLANNING COMMISSION RESOLUTION NO. 1965
one hydrant connected to any given water main shall be 1500 GPM for two hours
duration at 200 PSI residual operating pressure.
35. 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.
36. 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.
37. 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.
38. 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.
39. A dead end single access over 500 feet 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 1,300 feet be accepted.
40. 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.
41. 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. 1965
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 29444
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
The Ultimate Return, Inc.
255 N. El Cielo Road, Suite 677
Palm Springs, CA 92262
Tentative tract map allowing the construction of 32 single family homes on 9.74 acres
located at 37-725 Portola Avenue, also described as APN 653-380-007 and 023.
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.
December 21, 1999
PHILIP DRE DATE
DIRECTOR F COMMUNITY DEVELOPMENT
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