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HomeMy WebLinkAboutRes No 2318PLANNING COMMISSION RESOLUTION NO. 2318 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP SUBDIVIDING 3.88 ACRES INTO FOURTEEN SINGLE-FAMILY LOTS. THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF PORTOLA AVENUE AND FRANK SINATRA DRIVE. CASE NO. TT 33018 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21s1 day of December, 2004, hold a duly noticed public hearing to consider the request by LAURI KIBBY / PELE DEVELOPMENT, 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 Califomia Environmental Quality Act, Resolution No. 04-106," in that the Director of Community Development has preliminarily determined that the project is exempt from the provisions of the Califomia Environmental Quality Act (CEQA) per Section 15332 (Class 32, In -Fill Development Projects) of CEQA Guidelines; 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 substantial and avoidable injury to fish, 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. 2318 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 the Commission hereby confirms that the project is exempt from the provisions of the California Environmental Quality Act. 3. That approval of the above described Tentative Tract Map No. 333018 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 21 st day of December, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: H • PHILIP DRELL, Secretary Palm Desert Planning Commission 2 SABB J r NATHAN Chairperson PLANNING COMMISSION RESOLUTION NO. 2318 CONDITIONS OF APPROVAL CASE NO. TT 33018 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 month:, 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 onsite utilities shall be underground. 6. 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. 7 Project shall comply with requirements of Section 25.16.060 of the Zoning Ordinance, including but not limited to the following: Front Setback: 3 on fnnf PLANNING COMMISSION RESOLUTION NO. 2318 Rear Setback: 15 feet Side Yard Setback: 14 feet combined, with a minimum of 5 feet; Street Side Yards Setback: 10 feet Max Height: Max Lot Coverage 18 feet (one-story), except for fireplaces, and other minor architectural features for which the regulations specified in Chapter 25.56 of the Zoning Ordinance shall apply. 35%; an increase in lot coverage, up to 50% may be applied for and shall be subject to review the City's Architectural Review Commission. 8. The land divider shall construct perimeter block walls as shown on the tentative map. A retaining wall varying in height from 11" (.9') to 4'-5" (4.4') shall be constructed along the tract's northerly boundary. A 5'-6" to 6'-0" high block wall be constructed on top of the retaining wall to provide privacy from neighbors to the north for future homeowners of Lots 1 thru 7. However, no combination retaining and block wall shall not exceed a height of 8'-0' measured from lowest adjacent grade. A combination wall of block and wrought iron shall not exceed a height of 9 feet measured from lowest adjacent grade. The height of a wall or fence measured from the highest adjacent shall not exceed 6 feet. All walls facing a street shall be decorative. 9. The depth of the tract's perimeter landscaped area at the northwest corner of Frank Sinatra and Portola shall be increased from 43 feet to 50 feet (measured from curb face to tract perimeter wall at the rear of Lots 8 and 9). 10. Applicant shall provide enhanced landscaping at the northeast comer of Frank Sinatra and Shepherd Lane. The landscaped area shall be between 30 feet and 50 feet, as approved by the Director of Community Development. 4 PLANNING COMMISSION RESOLUTION NO. 2318 Department of Public Works: 1. Landscaping maintenance of any common areas 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. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works priorto the issuance of a grading permit. 3. The maintenance of the retention areas shall be by the homeowners association. BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to recordation of final map. 5. 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. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN PLANS 8. 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 priorto start of construction. Project is required to retain on -site a 100-year storm. 5 PLANNING COMMISSION RESOLUTION NO. 2318 9. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the public works department for improvements in the public right of way prior to issuance of any permits. 11. 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. 12. 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. 13. 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. 14. Landscape installation on the property frontages shall be drought tolerant in nature. 15. Landscape plans shall be submitted for review concurrently with grading plans. 16. Waiver of access to Shepherd Lane, Portola Avenue, and Frank Sinatra Drive, except at approved locations, shall be granted on the final map. REQUIRED CONSTRUCTION 17. 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. • Deceleration lane required on Portola Avenue and Frank Sinatra Drive. • 8' meandering sidewalk required on Shepherd Lane, Portola Avenue and Frank Sinatra Drive. 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 this project. 18. 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. No occupancy permit shall be granted until public improvements have been completed. 6 PLANNING COMMISSION RESOLUTION NO. 2318 19. 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. 20. 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. 21. All public and private improvements shall be inspected by the Department of Public Works. 22. 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. 23. 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. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 24. Slopes within the tract shall not exceed 3:1, 4:1 desirable, within the public right-of-way. 25. Pad heights for this project shall be as shown on exhibits on file in the Public Works Department and attached. 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 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. 3. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family. 7 PLANNING COMMISSION RESOLUTION NO. 2318 4. The required fire flow shall be available from a wet barrel 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) 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. 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 feet with a minimum vertical clearance of 13'6". 8. All buildings shall have illuminated addresses of the size approved by the City. 9. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. // All questions regarding the meaning of these conditions shall be referred to the Fire Marshall's Office at (760) 346-1870 in Palm Desert. 8