HomeMy WebLinkAboutRes No 2326PLANNING COMMISSION RESOLUTION NO. 2326
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP SUBDIVIDING A 69.26-ACRE SITE INTO 270
SINGLE-FAMILY LOTS, MODIFIED SETBACKS AND LOT SIZES
FOR THE 270 LOTS, AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR PROPERTY LOCATED BETWEEN
PORTOLA AVENUE AND COOK STREET SOUTH OF GERALD
FORD DRIVE, PARCEL 9, PM 31370.
CASE NO. TT 32655
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of March, 2005, hold a duly noticed public hearing to consider the
request of DESERT WELLS 237 BY PALM DESERT 124, INC., 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. 04-106," in that the Director of Community Development has
determined that the project will not have a negative 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. The proposed tract map is consistent with the General Plan designation
of Low Density Residential and the zoning of PR-5.
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 avoidably
injure fish or 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
PLANNING COMMISSION RESOLUTION NO. 2326
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.
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 Tentative Tract Map No. 32655 is hereby granted,
subject to the attached conditions, which include provisions modifying
setbacks and lot sizes for the tract, and granting an exception to the
minimum lot size for 18 lots between 6,960 square feet and 7,197
square feet.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of March, 2005, by the following vote, to
wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
TE
—
PHILIP DRELL Secretary
Palm Desert Fianning Commission
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SABBY " • NATH , hairperson
PLANNING COMMISSION RESOLUTION NO. 2326
CONDITIONS OF APPROVAL
`" CASE NO. TT 32655
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 two years 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 & 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
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PLANNING COMMISSION RESOLUTION NO. 2326
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.
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. That lots in the tract shall comply with the following development standards:
Average Lot Size/Area
Minimum Lot Size
Minimum Lot Width
Minimum Lot Depth
Lot Coverage
(Main structure & Accessory Structures)
Front Yard Setbacks (min.):
Main living area
Open Porch
Garage (front access)
Garage (side -in access where
provided)
Rear Yard Setback (min.)
Side Yard Setback (min.):
Interior
Corner/Street
Garage
Building Height:
Primary Structure
Accessory Structure
8,000 square feet conventional Tots
7,200 square feet
35 feet - knuckles & cul-de-sacs
measured at property line
90 feet
45%
20 feet - from back of curb
10 feet - from back of curb
20 feet - from back of sidewalk
15 feet - from back of sidewalk
20 feet
14 feet combined, 5 ft. minimum
10 feet
20 feet - from back of sidewalk
18 feet/1 story, 24 feet/two stories
18 feet
Exceptions:
The standards and guidelines in this section provide minimum design criteria for
the achievement of functional and attractive developments that fit within the
context of the City of Palm Desert. Exceptions to the criteria contained within
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PLANNING COMMISSION RESOLUTION NO. 2326
the Development Plan may be appropriate with the application of innovative and
unique design techniques in keeping with the character envisioned at the time
of approval.
10. That the applicant shall design and implement the retention basin to the
satisfaction of the Director of Community Development so that the area can be
used for recreational use when not used for drainage purposes. Said
improvements to include direct pedestrian access from streets within the
project.
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. Project
is required to retain on -site a 100 year storm. The maintenance of the retention
areas shall be by the homeowners association. Retention Basin north of "Spine
Road" shall have a permanent recorded document identifying it as the retention
basin for said tract.
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.
• Full improvement of Berger Circle Drive and the "Spine Road".
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.
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
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PLANNING COMMISSION RESOLUTION NO. 2326
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 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.
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. No
occupancy permit shall be granted until public improvements have been completed.
8. 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 shalt 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. 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.
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PLANNING COMMISSION RESOLUTION NO. 2326
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 26 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. Developer must contact Riverside
County Flood Control District for informational materials.
18. Slopes within the tract shall not exceed 3:1, 4:1 desirable, or as approved by the
City Engineer.
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, CFC, and CBC 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 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 gpm flow
of:
1,500 gpm for single family dwellings
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PLANNING COMMISSION RESOLUTION NO. 2326
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"
x 21/2 " x 2 Y2 " located not less than 25 feet nor more than:
200 feet from any portion of a single family dwelling 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 building shall be accessible by an all-weather roadway extending to within
150 feet of all portions of the exterior walls of the first story. The roadway shall
not be less than 24 feet of unobstructed width and 13'6" of vertical clearance.
Where parallel parking is required on both sides of the street, the roadway must
be 36 feet wide and 32 feet wide with parking on one side. Dead-end roads in
excess of 150 feet shall be provided with a minimum 45 foot radius turn -around
55 feet 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" 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 measures approved by the Fire Marshal. Under no
circumstances 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.
10. All buildings shall have illuminated addresses of a size approved by the City.
1 1 . Conditions subject to change with adoption of new codes, ordinance, laws, or
when building permits are not obtained within 12 months.
Other:
1. All cul-de-sacs need to be 45 feet radius minimum.
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PLANNING COMMISSION RESOLUTION NO. 2326
Redevelopment Aaencv:
1 . That the applicant, by separate document, shall record an easement over all lots
in said tract in favor of the Palm Desert Redevelopment Agency for purposes
delineated in a "Release and Easement Agreement" to be executed between the
tract owner and the Palm Desert Redevelopment Agency.
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