HomeMy WebLinkAboutRes No 2160PLANNING COMMISSION RESOLUTION NO. 2160
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTANDA
TENTATIVE TRACT MAP, SUBDIVIDING ONE PARCEL
TOTALING 29.1 GROSS ACRES INTO 94 SINGLE-FAMILY LOTS.
THE PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF
PORTOLA AVENUE AND HOVLEY LANE EAST, ALSO
DESCRIBED AS ASSESSOR'S PARCEL NUMBER 624-040-033
CASE NO. TT 30738
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of October, 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.
02-60," 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. 2160
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. 30738 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 1st day of October, 2002, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ
NOES: TSCHOPP, FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, . ecretary
Palm Desert Pla ning Commission
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CIN�Y FINERTV, Chairperson (1
PLANNING COMMISSION RESOLUTION NO. 2160
CONDITIONS OF APPROVAL
CASE NO. TT 30738
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
City Fire Marshal
Public Works Department
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
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.
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PLANNING COMMISSION RESOLUTION NO. 2160
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 feet combined, min. 5 feet
Street Side Yards Setback 10 feet
Max Height 18 feet (one-story)
Max Lot Coverage 35%
10. Buildings, patios, and accessory structures shall not be constructed within 10 feet of the
southerly property line of the tract perimeter boundary adjacent to Portola Country Club.
11. A 6-foot high block wall (measured from finished grade of each proposed lot to top of wall)
shall be constructed along the perimeter of the tract. All perimeter walls visible shall use
decorative block or stucco. All perimeter walls shall include a decorative rectangular cap
block on top of the wall; this cap block shall be a few inches wider than the lower blocks
on the wall to create an enhanced aesthetic appearance for the wall.
12. The developer shall submit for Planning Department review and approval, prior to the
issuance of building permits for tract perimeter walls, scaled site plan and elevation
drawings and a paint color chip for the emergency access metal gates required by the
Fire Department on Lot "J" at the north end of the tract cul-de-sac street adjacent to
Portola Avenue. The design of the metal gates shall be decorative and the color shall
match the color of the adjacent decorative perimeter block wall to be constructed by the
developer along Hovely Lane East.
13. Prior to the issuance of grading permits, the developer shall prepare and submit for Public
Works Department review and approval a curb striping and traffic control signage plan
limiting vehicle parking times for the east -bound, right-hand shoulder lane of the entire
street frontage of Hovley Lane East adjacent to the tract map site's northerly boundary.
The traffic control signage shall state that parking in the street shoulder shall only be
allowed during specified morning and afternoon times for the purpose of dropping -off and
picking -up of school children only. The exact and final wording of traffic control signage
shall be determined by the Public Works Department.
14. Prior to the recordation of the final map or the issuance of grading permits, whichever
occurs first, the developer shall submit to the Planning Department a copy of a signed
and executed legal agreement between the tract map site pro perty owner and the Portola
Country Club Homeowners' Association describing the transfer of a 30-foot wide strip of
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PLANNING COMMISSION RESOLUTION NO. 2160
property (presently owned by the Homeowners' Association along the northerly boundary
of Portola County Club) to the owner of record of the tract map site, the removal by the
tract developer of an existing row of tamarisk trees within this 30-foot wide strip of
property, the removal and relocation by the tract developer of an existing reclaimed water
line belonging to the Coachella Valley Water District that is presently located within this
30-foot wide strip of property, and the construction by the tract developer of a six foot high
decorative block wall with additional retaining walls along the entire southerly boundary of
the tract map site bordering the Portola Country Club.
15. The developer shall work with Desert Sands Unified School District to resolve issues
related to drainage and design of perimeter block wall adjacent to the Carter Elementary
School's westerly property line.
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. Signal construction costs may be
credited toward signalization fees, upon approval by the City Council.
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2160
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, perimeter walls, and gates maintenance on Portola Avenue and Hovley
Lane East shall be provided by the homeowners association. Landscape treatment shall
be water efficient in nature and shall be in accordance with the City of Palm Desert
landscape design standards. 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 Map; and (c)
the aforementioned landscaping, perimeter walls, and gates shall be the responsibility of
the property owners association. Landscaping plans shall be submitted for review
simultaneously with grading plans.
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. Interior private
streets shall be improved at 32 feet in width, with parking restrictions per the Fire Marshall
and City Engineer. Off site improvements to be constructed include, but are not limited to
the following:
Provide approximately 140' right turn pocket plus 90' transition on Portola
Avenue at Hovley Lane East including curb, gutter, sidewalk and paving.
Widen the south one-half of Hovley Lane East on the entire project frontage
to a half street width of 44', including curb, gutter, sidewalk and paving.
Modify existing traffic signal at Portola Avenue and Hovley Lane East to
accommodate road widening. City of Palm Desert may reimburse developer for
this signal modification cost, subject to City Council approval.
Design and construct traffic signal and safety lighting on Portola Avenue at
the project access road. 50% of construction costs may be reimbursed to the
developer by the City subject to City Council approval. The City reserves the right to
require the developer to construct alternative traffic mitigation measures such as, but
not necessarily limited to, construction of a raised landscaped median on Portola
Avenue for the entire distance of the tract's Portola Avenue frontage. The developer
shall agree to pay 25% of traffic signal and safety lighting energy and maintenance
costs in perpetuity. Signal and lighting energy and maintenance costs shall be
included in the declaration of Conditions, Covenants and Restrictions.
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PLANNING COMMISSION RESOLUTION NO. 2160
Provide landscape buffers with sidewalks on Portola Avenue and Hovley Lane
East as approved by the Architectural Review Commission and the Director of
Public Works.
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.
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 Hovley Lane East 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.
19. Gates on the Portola Avenue access road shall be located at least 150' from the
extension of the curb line on Portola Avenue. Access road on Hovley Lane East shall be
for official emergency vehicles only. Pedestrian gates shall be provided on both 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 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
t•,., of all buildings per UFC article 87.
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PLANNING COMMISSION RESOLUTION NO. 2160
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2160
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code
of Regulations.
MITIGATED NEGATIVE DECLARATION
CASE NO: TT 30738
APPLICANT/PROJECT SPONSOR: GHA PALOMA Group
68-936 Adelina Road
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Tentative tract map allowing the subdivision of 29.01 gross acres into 94 single family Tots
located on the southeast corner of Portola Avenue and Hovley Lane East, , also described as
APN 624-040-033.
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.
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-- \ �tob,er 1, 2002
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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