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HomeMy WebLinkAboutRes No 2097PLANNING COMMISSION RESOLUTION NO. 2097 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 ONE PARCEL TOTALING FIVE ACRES INTO 16 SINGLE-FAMILY LOTS. THE PROPERTY IS LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, 1,000 FEET SOUTH OF GERALD FORD DRIVE, ALSO DESCRIBED AS 36-425 PORTOLA AVENUE AND A.P.N.(s) 653- 370-017. CASE NO. TT 30275 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of October, 2001 hold a duly noticed public hearing to consider the request by WORLD DEVELOPMENT, 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. 00-24," 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. 2097 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. That approval of the above described Tentative Tract Map No. 30275 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 2nd day of October, 2001, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 4)---Q-t) PHILIP DRELL Secretary Palm Desert PI nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2097 CONDITIONS OF APPROVAL CASE NO. TT 30275 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 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 3 PLANNING COMMISSION RESOLUTION NO. 2097 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 from the Architectural Review Commission for all exterior block walls, perimeter landscaping and single-family homes. 11. On Shepherd Lane and Portola Avenue, the applicant shall provide a minimum of 20- foot setback from face of curb to the perimeter block walls. Department of Public Works: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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 4 PLANNING COMMISSION RESOLUTION NO. 2097 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. 6. 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. 7. 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. 8. Landscaping maintenance on Portola Avenue and Shepherd Lane 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. 9. 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. 10. 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. 11. 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. Shepherd Lane shall be improved to 52 feet within 76 feet of full right- of -way from proposed "A" Street to the northerly tract boundary. On Shepherd Lane, applicant shall provide a minimum of 20 feet setback from face of curb to perimeter block wall. In addition, the project shall provide for the construction of a paved connector roadway (minimum width of 28 feet) extending from the northerly tract boundary to Gerald Ford Drive. Applicant shall be responsible for acquiring the necessary easements for off - site roadway improvements. 12. 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. 5 PLANNING COMMISSION RESOLUTION NO. 2097 13. 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. 14. 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. 15. 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. 16. Waiver of access to Portola Avenue and Shepherd Lane except at approved locations shall be granted on the final map. 17. 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. 18. 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: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 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. 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 travelway. 6 PLANNING COMMISSION RESOLUTION NO. 2097 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. 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). 7. Whenever access into private property is controlled through use of gates, barriers or other means, provisions shall be made to install a Knox Box key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16 inches with a minimum vertical clearance of 13'6". 8. A dead end single access over 500 feet will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal. Under no circumstance shall a dead end over 1,300 feet be accepted. 9. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 8. All building shall illuminated addresses of the size approved by the City. 10. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Other: Would like to see what type of gates used and locking device at secondary access. 7 PLANNING COMMISSION RESOLUTION NO. 2097 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 30275 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: World Development 74-333 Highway 111, Suite 103 Palm Desert, CA 92260 Tentative tract map allowing the subdivision of 5 acres into 16 single family lots located on the west side of Portola Avenue, 1,000 feet south of Gerald Ford Drive, also described as APN 653- 370-017. 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. Oct ber 2, 2001 PHILIP DREL DATE DIRECTOR O COMMUNITY DEVELOPMENT 8