HomeMy WebLinkAboutRes No 2155PLANNING COMMISSION RESOLUTION NO. 2155
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN
AMENDMENT AND PREZONING DESIGNATION OF OPEN
SPACE, A TENTATIVE TRACT MAP, PRECISE PLAN AND
CONDITIONAL USE PERMIT FOR A 44 LOT RESIDENTIAL
VILLAGE, 18-HOLE GOLF COURSE AND CLUBHOUSE, AND
CERTIFICATION OF A SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT AS IT RELATES TO "THE CREST."
CASE NOS. GPA 02-01, C/Z 02-01, TT 30438 AND
PP/CUP 02-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 17th day of September, 2002, hold a duly noticed public hearing which was
continued to October 1, 2002, to consider a request by Destination Development
Corporation for a 44-unit project as described above; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Planning Commission
did find the following facts and reasons to justify its actions, as described below:
GENERAL PLAN AMENDMENT AND PREZONING:
1. The proposed "open space" land use designation and prezoning is
consistent with the applicant's proposed use of the property (golf course
and dedicated open space) and is consistent with the City's goal of
preserving the hillside area to the greatest extent possible.
2. The proposed prezoning is consistent with the proposed general plan
amendment.
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT:
1. The S.E.I.R. has been completed in accordance with the requirements of
CEQA.
2. Any potential adverse impacts have been considered as part of the
S.E.I.R. and mitigation measures have been imposed which will reduce
any impacts to a level of insignificance.
PLANNING COMMISSION RESOLUTION NO. 2155
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the Planning Commission does hereby recommend to the City
Council approval of General Plan Amendment 02-01 (Exhibit "A"), a
Change of Zone (prezone) 02-01 (Exhibit "B"), TT 30438, PP/CUP 02-03
and certification of a Draft Subsequent Environmental Impact Report.
2. That the Planning Commission does hereby recommend to the City
Council certification of the final S.E.I.R. as complete, to include the draft
S.E.I.R.:
a. Comments received on the draft S.E.I.R. and related responses by
City.
b. Public testimony regarding the S.E.I.R. during the Public Hearings
and related responses.
3. That the above recitations are true, correct and constitute the findings of
the Planning Commission in this case.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st, day of October, 2002, by the following vote,
to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: JONATHAN
ATTEST:
PHILIP DRELOSecretary
Palm Desert Planning Commission
2
CINDY FINERTY, Chairperson 1
PLANNING COMMISSION RESOLUTION NO. 2155
CONDITIONS OF APPROVAL
CASE NOS. TT 30438 AND PP/CUP 02-03
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 said map shall occur within 24 months from the date of final
approval unless an extension of time is granted by the Planning Commission;
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
City Fire Marshal
Public Works Department
United States Fish & Wildlife Service
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. Final grading plan for all areas shall be subject to review by Planning
Commission prior to grading activity. Golf course residential village, clubhouse
and maintenance building area shall integrate natural terrain and landscaping into
design.
6. Final grading plan for all areas to include re -naturalization measures and grading
restrictions as specified in the Hillside Ordinance.
3
PLANNING COMMISSION RESOLUTION NO. 2155
7. A detailed parking lot and building lightings plan shall be submitted to staff for
approval, subject to applicable lighting standards. Plan to be prepared by a
qualified lighting engineer.
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 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, Art in Public Places, TUMF and school mitigation
fees.
The residential village setbacks shall be as follows:
Front Setback
Rear Setback
Side Setbacks
20 feet
10 feet
5 feet each
10. That the mitigation measures identified in the S.E.I.R. prepared for The Crest
shall be conditions of approval on Case No. PP/CUP 02-03.
11 . That the open space areas to be dedicated as mitigation for impacts on the
bighorn sheep and desert tortoise shall be dedicated to the City of Palm Desert
or other public resources agency as determined by the City.
12. That the golf course design be coordinated with and approved by the City
Landscape Subcommittee.
13. That the applicant shall provide full and complete access to all employees of the
site. The intent of the condition is that all employee vehicles will be parked on -
site during employment hours. Developer agrees to provide adequate onsite
staging of employees/workers to avoid traffic conflicts on Highway 74.
4
PLANNING COMMISSION RESOLUTION NO. 2155
14. That the applicant grant a trail easement around or through the east and south
sides of The Crest project in a location satisfactory to the Director of
Community Development.
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 the final map or issuance of grading permits.
2. Drainage facilities shall be provided to the specifications of the Director of Public
Works. In addition, proposed drainage facilities / improvements that impact the
Palm Valley Channel shall be subject to review and approval by the Coachella
Valley Water District.
3. Storm drain 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. Said study will include, but not be limited to, the investigation of
both upstream and downstream impacts with respect to existing and proposed
conditions.
4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55, shall be paid prior to recordation of the final map or issuance of
grading permits. Construction costs associated with the proposed project entry
traffic signal may be used as a credit against said fees.
5. 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. All improvements within State Highway 74 right-of-way shall be in
accordance with Caltrans standards.
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. Improvement plans for all improvements, public and private, shall be reviewed
and approved by the Public Works Department. The installation of such
improvements shall be inspected by the Public Works Department and a
standard inspection fee shall be paid prior to issuance of grading permits.
5
PLANNING COMMISSION RESOLUTION NO. 2155
8. Landscaping maintenance on State Highway 74 frontage 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 shall oversee
the formation of a property owners association; b) the property owners
association shall be formed prior to the recordation of the final map; and c) the
aforementioned landscaping maintenance shall be the responsibility of the
property owners association.
9. 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 improvement is commenced. Offsite
improvement plans for all improvements within exiting and proposed public
rights -of -way 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 and provisions for deceleration/acceleration
lanes at project entry points. "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 of Palm Desert.
10. Waiver of access to State Highway 74 except at approved locations shall be
granted on the Final Map.
11. 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. Preliminary
landscape plans shall be submitted concurrently with grading plans.
12. As required by Section 26.32 and 26.40 of the Palm Desert Municipal Code,
and in accordance with the Circulation Network of the City's General Plan,
dedication of half -street right-of-way at 55 feet on State Highway 74 shall be
provided on the final map.
13. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code,
any existing overhead utilities shall be placed underground per each respective
utility districts recommendation. If such undergrounding is determined to be
6
PLANNING COMMISSION RESOLUTION NO. 2155
unfeasible by the City and the respective utility districts, applicant shall agree
to participate in any future utility undergrounding district.
14. Traffic safety striping on State Highway 74 shall be provided to the
specifications of the Director of Public Works and Caltrans. A traffic control plan
must be submitted to, and approved by, the Director of Public Works and
Caltrans prior to the placement of any pavement markings.
15. 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 interior street sections shall be subject to review and
approval in conjunction with tentative tract map applications. Those areas to be
designated as "Emergency Access Road" shall be designed to the satisfaction
of the Fire Marshal and the Director of Public Works.
16. Complete tract maps shall be submitted as required by ordinance to the Director
of Public Works for checking and approval prior to the issuance of any permits
associated with this project.
17. 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
and Caltrans, as applicable.
18. 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 any permits associated with this project.
19. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
20. All required offsite improvements for this project shall be installed in conjunction
with the first phase of development.
21. Site access, with respect to size, location and number, shall be subject to
review and approval by the Department of Public Works and Caltrans.
22. Applicant shall provide a phasing plan which specifies the project construction
activity with respect to on-site/off-site infrastructure improvements as well as
possible final map filing.
7
PLANNING COMMISSION RESOLUTION NO. 2155
23. Provision for the continuation of any existing access rights which may be
affected by this project shall be included as a part of the final map process.
24. Applicant shall comply with the provisions of Palm Desert Municipal Code
Section 12.12, Fugitive Dust Control.
25. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
26. Prior to start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with current and
subsequent National Pollutant Discharge Elimination System General Permits
(Permit #CAS000002) for storm water discharges associated with construction
activity.
27. Project design shall accommodate the proposed Palm Valley Bicycle/Golf Cart
Trail to be located on the Palm Valley Channel access roads.
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 Codes, 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 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 gpm fire
flow of 1500 gpm for single family dwellings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
4"x2-1 /2"x2-1 /2", located not Tess than 25' nor more than 200 feet from any
portion of a single family dwelling measured via vehicular travelway.
5. Water plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow.
8
PLANNING COMMISSION RESOLUTION NO. 2155
6. Please be advised the proposed project may not be feasible since the existing
water mains will not meet the required fire flow.
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 Tess than 24' of unobstructed width and 13'6" of vertical clearance. Where
parallel parking is required on both sides of the street the roadway must be 36'
wide and 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.
8. 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" with a minimum vertical clearance of 13'6".
9. A dead-end single access over 500 feet will require a secondary access,
sprinklers or other mitigative measures approved by the Fire Marshal. Under no
circumstances shall a dead-end over 1,300 feet be accepted.
10. 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.
11. All buildings shall have illuminated addresses of a size approved by the city.
12. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
OTHER:
1. At dead end provide hammer heads for turn around for fire apparatus.
2. Provide second access with bridge over CVWD channel.
9
l'liy of .l'al'iis fDeoeil
t
SECTION f
36
I�
Case No. GPA 02-01
177
GENERAL PLAN AMENDMENT
EXHIBIT A
C
_
Proposed
GPA
Open Space and
Hillside Planned
Residential
To
Open Space
PLANNING COMMISSION
RESOLUTION NO. 2155
Date: October 1, 2002
eilg a�.raai i .)eaeti
Case No. C/Z 02-01
Change of Zone
EXHIBIT
E7
bow
�� f- � i..
1/ IM0100."apasap_
iuui■s/uii/ Ilia
musuespoisaissnne
ni iii4;]IiW�
Y ��
,•4
_non us
munaamana Mil He
41wini ■'
✓;atvtt•
i
Proposed
Zoning Change
To
Open Space
PLANNING COMMISSION
RESOLUTION NO. 2155
Date: October 1, 2002