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HomeMy WebLinkAboutRes No 2356PLANNING COMMISSION RESOLUTION NO. 2356 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP SUBDIVIDING 9.73 ACRES INTO 32 SINGLE-FAMILY LOTS AND ADOPTING A MITIGATED NEGATIVE DECLARATION. THE PROPERTY IS LOCATED ON THE EAST AND WEST SIDES OF SHEPHERD LANE, 1,200 FEET NORTH OF FRANK SINATRA DRIVE. CASE NO. TT 33935 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 2005, hold a duly noticed public hearing to consider the request by TRANS WEST HOUSING INC., for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedureforlmplementation of the California EnvironmentalQualityAct, Resolution No. 05-52," in that an initial study was prepared and concluded thatthe proposed project will not have a significant negative impact on the environment and staif has prepared a Mitigated Negative Declaration of Environmental Impact; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ifany, of aII interested persons desiring to be heard, said Planning Commission did find the foliowing 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 orthe proposed improvements are notlikelyto cause substantial environmental damage or substantial and avoidable injury to fish, wildlife or their habitat. 6. Thatthe design of the subdivision orthe type of improvements is notlikelyto cause serious public health problems. 7. Thatthe design of the subdivision orthe type of improvements will not conflict with easements, acquired by the public at Iarge, 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. 2356 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 Paim Desert and its environs, with available fiscal and environmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission ofthe City of Paim Desert, California, as foliows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission hereby adopts a Mitigated Negative declaration pursuant to the California Environmental Quality Act. 3. That the above described Tentative Tract Map No. 33935 is hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting ofthe Paim Desert Planning Commission, held on this 4th day of October, 2005, by the foliowing vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ NOES: NONE ABSENT: TSCHOPP ABSTAIN: NONE ATTEST: L4'2 ,2;E STEPHEN R. SMITH, Acting Secretary Paim Desert Planning Commission 2 K. LOPEZ, 'i Chairperson PLANNING COMMISSION RESOLUTION NO. 2356 CONDITIONS OF APPROVAL CASE NO. TT 33935 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 foliowing conditions. 2. Recordation of the final map shall occurwithin 24 months from the date offinal approval unless an extension oftime is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the propertydescribed herein shaU be subjecttothe restrictions and Iimitations 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 foliowing 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 Iimited to, Fringe Toad Lizard, Art in Public Places, TUMF and School Mitigation fees. 7. Project shall comp!y with requirements of Section 25.16.060 of the Zoning Ordinance, including but not Iimited to the foliowing: Front Setback: 20 feet Rear Setback: 15 feet 3 PLANNING COMMSSION RESOLUTION NO. 2356 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 appy. 35%; an increase in lot coverage up to 50% may be applied for and shall be subject to review by the City's Architectural Review Commission. 8. The land divider shall construct biock walls along the perimeter of the tract. All wafls facing a street shall have a decorative finish. The minimum height of a biock wall as measured from a lot's pad elevation to top ofwall shall be 5'-O". Combination retaining / garden walis shall not exceed a height of 8"-O" as measured from Iowest grade. Department of Public Works: GENERAL 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 Paim Desert Iandscape design standards. Applicant shall be responsible for executing a dectaration of Conditions, Covenants and Restrictions, which declaration shall be approved by the City of Paim 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 Iandscaping shall be the responsibility ofthe 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 prior to the issuance of a grading permit. 3. The maintenance ofthe retention areas shall be by the homeowners association. 4 PLANNING COMMISSION RESOLUTION NO. 2356 BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Paim Desert Municipal Code shall be paid prior to recordation of final map. 5. Signalization fees, in accordance with City of Paim 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 prior to start of construction. Project is required to retain on - site increased drainage for a 100 year storm. 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 priorto 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 Paim 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. 5 PLANNING COMMISSION RESOLUTION NO. 2356 16. Waiver of access to Shepherd Lane and Portola Avenue, except at approved Iocations, shall be granted on the final map. REQUIRED CONSTRUCTION 17. Full public improvements, as required by Sections 26.40 and 26.44 of the Paim Desert Municipal Code, shall be installed in accordance with applicable City standards. 8' meandering sidewaik required on Shepherd Lane and Portola Avenue. 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. 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 ofthe Paim 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 Paim Desert Municipal Code Section 24.12, Fugitive Dust Control as wefl 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. Siopes within the tract shall not exceed 3:1, 4:1 desirable, within the public right-of-way. 6 PLANNING COMMISSION RESOLUTION NO. 2356 Riverside County Fire Department: With respect to the conditions of approval regarding the above referenced project, the fire department recommends the foliowing 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 forthe remodel orconstruction of aU 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 gailon 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"), Iocated not Iess 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. Whenever access into private property is controlled through use ofgates, 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". 7. All buildings shall have illuminated addresses of the size approved by the City. 8. 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 Paim Desert. 7 PLANNING COMMJSSION RESOLUTION NO. 2356 EXHIBIT A PursuanttoTitVe 14, Division 6, Article 6 (commencingwith section 15070)ofthe California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASENO: TT33935 APPLICANT/PROJECT SPONSOR: Trans West Housing Inc. 47-180 Dune Paims Road La Quinta, CA. 92253 PROJECT DESCRIPTION/LOCATION: A Tentative Tract Map to subdivide 9.73 acres into 32 single-family Iots (8,749 square foot minimum size). The project site is Iocated on the west side of Portola Avenue, 2,100 feet north of Frank Sinatra Drive The Directorofthe Department of Community Devebpment, City of Paim Desert, Califomia, has found that the described project wHI not have a significant effect on the environment. A copy of the InitiaI Study has been attached to documentthe reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. STEPHEN R. SMITH PLANNING MANAGER 0ctober4 2005 DATE 8