HomeMy WebLinkAboutRes No 2379PLANNING COMMISSION RESOLUTION NO. 2379
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP SUBDIVIDING 9.69 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, 2,400 FEET NORTH OF FRANK SINATRA
DRIVE.
CASE NO. TT 34391
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21 st day of February, 2006, hold a duly noticed public hearing to considerthe request by TRANS
WEST HOUSING, 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.
05-52," 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.
8. That the design of the subdivision or the type of improvements will not
restrict solar access to the property.
PLANNING COMMISSION RESOLUTION NO.2379
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
Planning 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. 34391 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 February, 2006, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Plan in
Comm
ission
mission
JAME .. OPEZ, Cha' pion
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PLANNING COMMISSION RESOLUTION NO.2379
CONDITIONS OF APPROVAL
CASE NO. TT 34391
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.
7. Project shall comply with requirements of Section 25.16.050 of the Zoning Ordinance,
including but not limited to the following:
Front Setback: 20 feet
Rear Setback: 15 feet
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PLANNING COMMISSION RESOLUTION NO.2379
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 by the City's
Architectural Review Commission.
8. The land divider shall construct block walls along the perimeter of the tract as shown on
the grading plan. East of Shepherd along the tract's northerly boundary (lots 17 thru 24),
the proposed combination retaining / garden walls to be constructed by the applicant shall
not exceed a total height of 6 feet of solid material measured from pad elevations of
adjacent developed lots to the north, unless the applicant obtains a letter from the
adjoining homeowner consenting to the applicant building a combination retaining /
garden wall higher than 6 feet measured from the homeowner's lot grade. For those lots
where an adjoining homeowner to the north does not want a new combination retaining /
garden wall built higher than 6 feet measured from the lowest grade, the applicant shall
attach see-thru wrought iron fencing on top of the new block wall to comply with Zoning
Ordinance Section 25.56.195.C, which requires that rear yards be enclosed by walls or
fences with a minimum height of 5 feet. All walls facing a street shall have a decorative
finish.
9. To comply with the Fire Department's requirement for a secondary access to the
subdivision, the land divider shall construct 6-foot high metal emergency access gates
(24-foot width) at the east end of the cul-de-sac adjacent to Portola Avenue.
Department of Public Works:
GENERAL
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
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PLANNING COMMISSION RESOLUTION NO. 2379
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 prior to 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 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 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.
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PLANNING COMMISSION RESOLUTION NO.2379
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 and Portola Avenue, 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.
• 8' meandering sidewalk 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 of the Palm Desert Municipal Code shall be provided.
21. All public and private improvements shall be inspected by the Department of Public
Works.
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PLANNING COMMISSION RESOLUTION NO.2379
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.
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 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
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PLANNING COMMISSION RESOLUTION NO.2379
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 foot 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. 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
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.
Location: 73710 Fred Waring Drive #222, Palm Desert, CA. 92260
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PLANNING COMMISSION RESOLUTION NO.2379
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code
of Regulations.
MITIGATED NEGATIVE DECLARATION
CASE NO: TT 34391
APPLICANT/PROJECT SPONSOR: Trans West Housing Inc.
47-120 Dune Palms Road, Suite C
La Quinta, CA. 92253
PROJECT DESCRIPTION/LOCATION:
Tentative Tract Map proposes to subdivide 9.69 acres into 32 single-family lots (8,749 square foot
minimum size). The project site is located on the east and west sides of Shepherd Lane, 2,400
feet north of Frank Sinatra Drive
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.
ruary 21, 2006
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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