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HomeMy WebLinkAboutRes No 2323PLANNING COMMISSION RESOLUTION NO. 2323 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP SUBDIVIDING 4.68 ACRES INTO SIXTEEN SINGLE-FAMILY LOTS. THE PROPERTY IS LOCATED 300 FEET NORTH OF FRANK SINATRA DRIVE BETWEEN PORTOLA AVENUE AND SHEPHERD LANE. CASE NO. TT 32498 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of January, 2005, hold a duly noticed public hearing which was continued to February 15, 2005, to consider the request by PORTOLA POINTE, 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. 04-106," in that an initial study was prepared and concluded that the proposed project will not have a significant negative impact on the environment and staff has prepared a Mitigated 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 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. PLANNING COMMISSION RESOLUTION NO. 2323 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 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. 32498 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 15th day of February, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL Secretary -- Palm Desert Planning Commission 2 SAB • N • - N, Chairperson PLANNING COMMISSION RESOLUTION NO. 2323 CONDITIONS OF APPROVAL CASE NO. TT 32498 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 Architectural Review Commission 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. Coachella Valley Fringe —Toed Lizard habitat impact fees shall be paid prior to the issuance of a grading permit. 7 Project shall comply with requirements of Section 25.16.080 of the Zoning Ordinance, including but not limited to the following: Front Setback: 20 feet Rear Setback: 15 feet 3 PLANNING COMMISSION RESOLUTION NO. 2323 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 applicant shall construct 6-foot high decorative perimeter block walls along the project site's Portola Avenue and Shepherd Lane frontages. 9. A retaining wall with a 5'-6" to 6'-0" high block wall on top shall be constructed along the southerly boundary of the tract map site. A 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. 10. To deal with the grade differences between Lots 1 thru 8 of Tentative Tract Map 32498 and adjacent developed lots to the north, the applicant shall create slopes or a combination of slopes and retaining walls in the rear yards of Lots 1 through 8. Since Lots 7 and 8 are the shallowest Tots, the applicant shall construct a 3-foot high retaining wall on these lots at the base of the rear yard slope to provide a larger flat rear yard area. No slope shall exceed a 2:1 ratio. 11. Street light lighting shall comply with Chapter 24.16 (Outdoor Lighting Requirements) of the Palm Desert Municipal Code. 12. If archeological or paleontological resources are discovered during grading, grading shall be halted and a qualified archeologist or paleontologist shall be hired by the developer to inspect the findings and the project site. The archeologist/paleontologist shall make a determination if the findings warrant conducting a subsurface investigation of the site prior to furthering grading, or if further grading should require the presence of an archeological or paleontological monitor. A written report of the of the findings and 4 PLANNING COMMISSION RESOLUTION NO. 2323 recommendations shall be prepared a copy submitted to the Planning Department for review. 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. Project shall retain a 100-year storm on -site. 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. On and off -site improvements shall be completed prior to occupancy of 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 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 and Portola Avenue 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 5 PLANNING COMMISSION RESOLUTION NO. 2323 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 Cascade circle shall be improved at 36 feet within 50 feet of full right-of-way. Shepherd Lane shall be improved to 20 feet within 32 feet of half street right- of -way and a 8' pedestrian and landscape easement within the tract boundaries. 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 shall be as shown on the tentative map dated July 2004 and stamped as received by the Community Development Department on December 16, 2004. 16. Waiver of access to Shepherd Lane and Portola Avenue, 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 6 PLANNING COMMISSION RESOLUTION NO. 2323 Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. 19. Slopes on parkway areas along Shepard Lane and Portola Avenue shall not exceed 3:1, 4:1 slopes are preferable. 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. 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. 7 PLANNING COMMISSION RESOLUTION NO. 2323 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 Marshal's Office at (760) 346-1870 in Palm Desert. 8