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HomeMy WebLinkAboutRes No 2205PLANNING COMMISSION RESOLUTION NO. 2205 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 A 5.05-ACRE PARCEL INTO 16 SINGLE- FAMILY LOTS. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF SHEPARD LANE, 660 FEET WEST OF PORTOLA AVENUE. THE SITE IS DESCRIBED AS A.P.N. 653-370-007. CASE NO TT 31020: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of June, 2003, hold a duly noticed public hearing to consider the request by R. DOMINIC CAURRO, for approval of the above noted; 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 not have a significant negative impact on the environment and staff has prepared Negative Declaration of Environmental Impact; 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 said request: 1. The proposed tract map is consistent with the proposed general plan designation of low density residential. 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 substantial and avoidable injury to fish, wildlife or their habitat. 6. The design of the subdivision will be in compliance with applicable health, safety and building codes. The site can be served by respective utilities, will provide adequate traffic circulation and is designed in compliance with all city codes. 7. All subdivision improvements will not conflict with any public easements. 8. The project meets all code requirements. The design of the subdivision will not impact solar access to adjacent properties or the subject property. All single- family homes shall be reviewed and approved by the City prior to construction. PLANNING COMMISSION RESOLUTION NO. 2205 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 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 Tentative Tract Map No. 31020 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of June, 2003, by the following vote, to wit: AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE % SONIA CAMPBELL, Chairperson ATTEST: .,„A /1)—(2,0 PHILIP DRELL, pecretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2205 CONDITIONS OF APPROVAL CASE NOS. TT 31020 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. Construction of a portion of said project shall commence within one year 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 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. 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. 3 PLANNING COMMISSION RESOLUTION NO. 2205 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. All homes shall comply with Section 25.16.060 of the Zoning Ordinance, including but not limited to the following: Front setback Rear setback Side yard setback Street side yard setback Maximum height Lot coverage 20 feet 15 feet 14 feet combined, minimum 5 feet 10 feet 18 feet (one story) 35% (50% with ARC Approval) 10. The applicant shall obtain approval for all exterior block walls and landscape plans from the Architectural Review Commission. 11. That the applicant shall provide a 20-foot setback from curb face to the perimeter wall along Shepard Lane. 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. A single common retention area for the entire project shall be provided. Maintenance of the retention area shall be by the homeowners association. 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 and 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 4 PLANNING COMMISSION RESOLUTION NO. 2205 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 Shepherd Lane 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 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. Proposed Cosmopolitan Lane shall be improved at 36 feet within 50 feet of full right- of-way. Shepherd Lane shall be improved to 26 feet within 38 feet of half street right- of-way within the tract boundaries. 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 existing public improvements/right-of-way (approx. 330 I.f.). Applicant shall be responsible for acquiring all 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. 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 5 PLANNING COMMISSION RESOLUTION NO. 2205 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 26 of the Palm Desert Municipal Code. 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. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-1/2"x2- 1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4 Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6 PLANNING COMMISSION RESOLUTION NO. 2205 5. Install a complete NFPA 13R fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 6. All valves controlling the water supply for automatic sprinkler systems and water -flow switches shall be monitored as required by the UBC Chapter 9. 7 Install a fire alarm system as required by the UBC Chapter 3. 8. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 9. 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 be not 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. 10. All buildings shall have illuminated addresses of a size approved by the city. 11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 12. 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. 2205 Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: TT 31020 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: R. Dominic Caurro 40-841 Glenmoore Palm Desert, CA 92260 A Tentative Tract Map allowing the subdivision of a 5.05 acre lot into 16 single-family Tots located on the west side of Shepard Lane, 1,920 feet north of Frank Sinatra Drive and 660 feet west of Portola Avenue. The subject property is known as A.P.N. 653-370-007. 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. iLLO,,,Luile 3, 2003 PHILIP DRE DATE DIRECTOR OF COMMUNITY DEVELOPMENT 8