HomeMy WebLinkAboutRes No 2279PLANNING COMMISSION RESOLUTION NO. 2279
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN FOR 38
TRIPLEX UNITS TOTALING 114 UNITS, A 3,839 SQUARE FOOT
RECREATIONAL BUILDING WITH COMMUNITY POOLS AND COMMON
OPEN SPACE, A TENTATIVE TRACT MAP TO SUBDIVIDE 12.7 ACRES
INTO 13 LOTS FOR CONDOMINIUM PURPOSES. THE PROPERTY IS
LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE, EAST OF
MONTEREY AVENUE, KNOWN AS 73-200 COUNTRY CLUB DRIVE AND
APN 620-180-019.
CASE NOS. PP 04-12 AND TT 32420:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of July, 2004, hold a duly noticed public hearing to consider the request by
BRAVA DEVELOPMENT GROUP, LLC. 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 Califomia Environmental Quality Act",
Resolution No. 02-60, in that the Director of Community Development has determined
that the project will not have a 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 recommending to
City Council approval of said request:
1. The proposed density of the project is consistent with the Planned
Residential 7 units per acre. The entire 120 acres of Suncrest Country
Club is 500 units less than what the zoning permits.
2. The General Plan Land Use Element, Resolution Number 04-20 approved
March 15, 2004, designates the property High Density, 10-22 units per
acre. The
3. That the site physically suitable for the proposed development and density.
4. The proposed project and the conditions under which it will be operated
and maintained, will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or improvements in
the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2279
5. That certain provisions of Municipal Code Section 25.24 PR Planned
Residential District be modified for this property only, as described in the
conditions of approval.
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 Precise Plan 04-12 and TT 32420 are hereby approved,
subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of July, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
1
PHILIP DRELL, secretary
Palm Desert Planning Commission
SABBY J • NATHAN, Chairperson
2
PLANNING COMMISSION RESOLUTION NO. 2279
CONDITIONS OF APPROVAL
CASE NOS. PP 04-12 AND TT 32420
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 Commission
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. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
6. 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
3
PLANNING COMMISSION RESOLUTION NO. 2279
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
7. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
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. The project is under parked by 20 parking spaces. The applicant shall modify the
development plan to additional parking spaces to comply with the 285-parking
requirement.
10. The setbacks for all units shall be:
Front Yard: 20'
Rear Yard: 10'
West Side: 20'
East Side: 15' Min/20' Average
11. That the developer of the property shall disclose verbally and in writing to buyers
of units in buildings 16, 17, 18, 19 and 20 as shown on Tentative Tract Map
32420 that the buildings in question may be susceptible to impact from stray golf
balls from Suncrest Country Club. The developer/seller shall verbally disclose to
all potential buyers of any units in buildings 16-20 inclusive of the potential
impact from stray golf balls. Additionally, the developer/seller shall disclose in
writing in a form reviewed and approved by the City, during escrow process that
the lot may be impacted by stray golf balls from the Suncrest Country Club.
Buyer will acknowledge in writing that he/she has previously been advised of this
verbally.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Ordinance No. 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 register civil engineer that is reviewed and
approved by the Department of Public Works prior to start of construction. The
project shall retain a 100-year storm on -site.
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
PLANNING COMMISSION RESOLUTION NO. 2279
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 and the City's Circulation Network including the following:
• Deceleration lane required at the entrance
• Construction of an 8' sidewalk with a minimum 4' curb face in Country Club
Drive.
• Project shall extend the landscaped center median on Country Club Drive to
Sagewood Drive.
• Widening of Country Club Drive from 43' to 49' from centerline to match
adjacent improvements to the west.
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the City prior to the issuance of any permits
associated with the project.
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 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 the respective service districts shall approve
sewer systems with "as -built" plans submitted to the Department of Public Works
prior to project final.
7. All public and private 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 Country Club Drive shall be provided by the
property owner(s). 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 for maintenance of
5
PLANNING COMMISSION RESOLUTION NO. 2279
common areas. 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.
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. Preliminary
landscape plan shall be submitted simultaneously with grading plan.
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. No parking shall be allowed on interior streets.
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 further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
16. 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.
17. 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.
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.
6
PLANNING COMMISSION RESOLUTION NO. 2279
19. Any entry gates for the project shall be set back 100 feet minimum from the curb -
line of Country Club Drive.
20. In -lieu park fees shall be collected in a similar fashion to a subdivision if the tract
map is not completed and the project proceeds as an apartment project.
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) 2500 for multifamily dwellings.
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 165' 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.
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.
7
PLANNING COMMISSION RESOLUTION NO. 2279
8. Install portable fire extinguishers per NFPA, 10, but not Tess 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. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single-family residential use.
10. 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 Tess
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.
11. Whenever access into private property into a private property is controlled
through the 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".
12. All buildings shall have illuminated addresses of a size approved by the city.
13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction.
14. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
8
PLANNING COMMISSION RESOLUTION NO. 2279
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: PP 04-12 AND TT 32460
APPLICANT/PROJECT SPONSOR: Brava Development, LLC.
73-081 Fred Waring Drive
Palm Desert, Ca 92260
PROJECT DESCRIPTION/LOCATION:
Approval of precise plan construct thirty-eight (38) triplex building, totaling 114 units; a
Tentative Tract Map to subdivide the 12.7 acre -site into thirteen (13) lots for
condominium purposes and a Negative Declaration of Environmental Impact as it
relates to the above project. The property is known as 73-200 Country Club Drive or
APN 620-180-019.
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.
July 20, 2004
PHILIP DRE L ATE
DIRECTOR OF COMMUNITY DEVELOPMENT
9