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HomeMy WebLinkAboutRes No 2123PLANNING COMMISSION RESOLUTION NO. 2123 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 4.68 ACRES INTO 14 SINGLE-FAMILY LOTS. PROPERTY IS LOCATED ON THE EAST SIDE OF SHEPHERD LANE, 1200 FEET NORTH OF FRANK SINATRA DRIVE. CASE NO. TT 30503 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 2002, hold a duly noticed public hearing to consider the request by GHA PALOMA GROUP, LLC, 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 is 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. PLANNING COMMISSION RESOLUTION NO. 2123 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. 30503 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 16th day of April, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL Secretary Palm Desert Planning Commission 2 Cynthia Finerty, Chairperson PLANNING COMMISSION RESOLUTION NO. 2123 CONDITIONS OF APPROVAL CASE NO. TT 30503 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file at 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 appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be 3 PLANNING COMMISSION RESOLUTION NO. 2123 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 the Architectural Review Commission. 11. That the applicant shall obtain legal access to connect Shepherd Lane to either the north or south to existing improved public streets. 12. On Shepherd Lane and Portola Avenue the applicant shall provide a minimum of 20 feet setback from curb face to 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 4 PLANNING COMMISSION RESOLUTION NO. 2123 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. 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 Chinook Circle shall be improved at 36 feet within 50 feet of full right-of-way and proposed Shepherd Lane shall be improved at 52 feet within 76 feet of half -street right-of- way within tract boundaries. On Portola Avenue and Shepard Lane, applicant shall provide a minimum of 20 feet setback from face of curb to perimeter block wall. In addition, the project shall provide construction of paved connector roadway (minimum width of 28 feet) extending from the southerly tract boundary to Frank Sinatra 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. 2123 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. Pad elevations adjacent to existing residential development to the west shall be limited to a maximum grade differential of 12 inches. 16. Waiver of access to proposed 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, Storm water 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. 19. Applicant shall provide a combination retaining and garden wall along the south property line depending on the difference in pad heights, if determined by the City Engineer to be necessary. 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 seta 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. 6 imp PLANNING COMMISSION RESOLUTION NO. 2123 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 travel ways. 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". 1... 8. All building shall illuminated addresses of the size approved by the City. tar 9. A fire sprinkler systems, fixed suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 10. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 7 PLANNING COMMISSION RESOLUTION NO. 2123 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 30503 APPLICANT/PROJECT SPONSOR: GHA Paloma Group, LLC 68-938 Adelina Road Cathedral City, CA 92234 PROJECT DESCRIPTION/LOCATION: Tentative tract map allowing the construction of 14 single family homes on 4.68 acres located on the east side of Shepherd Lane, 12000 feet north of Frank Sinatra Drive. The Director of the Department of Community Development, City of Palm Desert, Califomia, 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. 02 PHILIP DREL DATE DIRECTOR 0 COMMUNITY DEVELOPMENT 8