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HomeMy WebLinkAboutRes No 2380PLANNING COMMISSION RESOLUTION NO. 2380 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVAL OF A PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 49-LOT RESIDENTIAL TRACT ON 8.63 ACRES AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE, 73-100 COUNTRY CLUB DRIVE. CASE NOS, PP 05-28 AND TT 33120 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March, 2006, hold a duly noticed public hearing to consider the request of ROBERT MAYER CORP.; 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. 05-52," in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Negative Declaration of Environmental Impact should be certified; 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 said precise plan and tentative tract map: PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. TENTATIVE TRACT MAP 1. That the proposed project is consistent with applicable general plan as amended. PLANNING COMMISSION RESOLUTION NO. 2380 2. That the design or improvement of the proposed project is consistent with applicable general plan, the PR zoning and the medium density development standards per Resolution No. 05-16. 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. That 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. That the design of the subdivision or the type of improvements are 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. 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; and 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 a Negative Declaration of Environmental Impact, Exhibit A attached, be certified. 2 PLANNING COMMISSION RESOLUTION NO.2380 3. That Precise Plan 05-28 and Tentative Tract Map No. 33120 be approved, subject to the conditions, Exhibit B attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of March, 2006, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: f /t, —' PHILIP DREL. , Secretary Palm Desert Tanning Commission 3 JAMES '. LOPE , C fr•'7'on PLANNING COMMISSION RESOLUTION NO.2380 EXHIBIT A NEGATIVE DECLARATION CASE NOS: PP 05-28 and TT 33120 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Robert Mayer Corp. c/o Larry Brose 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92660 A precise plan of design, tentative tract map and a Negative Declaration of Environmental Impact for a 49-lot residential tract on 8.63 acres at the northeast corner of Monterey Avenue and Country Club Drive, 73-100 Country Club 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. March 7. 2006 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 4 PLANNING COMMISSION RESOLUTION NO.2380 EXHIBIT B CONDITIONS OF APPROVAL CASE NOS. PP 05-28 AND TT 33120 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 Palm Desert Architectural Review Commission 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 sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 6. All onsite utilities shall be underground. 5 PLANNING COMMISSION RESOLUTION NO.2380 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 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 permits including, but not limited to, Art in Public Places, TUMF and School Mitigation fees. 9. That per Municipal Code Section 25.24.321 the dwellings on Lot Nos. 11, 19, 20, 37, 38, 39 and 40 shall be single story with height not to exceed 18 feet. 10. That the applicant shall construct a bus turnout and shelter to be installed on property located west of Via Scena on the north side of Country Club Drive. 1 1. That the rear (east) lot line of Lots 46, 47, 48 and 49 be relocated to provide a minimum eight -foot wide exterior landscape planter and deeper corner setback at Via Scena and Country Club Drive. 12. That the trees at the northeast edge of the tract shall not be Acacia Salicinia. Selected replacement trees to meet City standards and be reviewed with the property owner (the Doyles) at 131 Via Scena. Deaartment of Public Works: GENERAL 1. Landscaping maintenance of any common areas shall be provided by the homeowners association for the residential portion and the property owner for the commercial portion. 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 6 PLANNING COMMISSION RESOLUTION NO. 2380 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 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 a 25 year storm and conform to the Merano Drainage Master Plan. If the existing retention basin is used, then a sub -surface nuisance water retention /infiltration system shall be installed and the developer shall enter into a maintenance agreement with the owner of the basin. 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. PLANNING COMMISSION RESOLUTION NO.2380 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. Waiver of access to Monterey Avenue, and Country Club Drive, except at approved locations, shall be granted on the final map. REQUIRED CONSTRUCTION 15. 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' sidewalk, minimum 4' from curbface, required on Country Club Drive and Monterey Avenue. Additional 4' of dedication required on Monterey Avenue and Country Club Drive so that perimeter wall is setback 24' minimum from curbface. 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. 16. 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. 17. 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. 8 PLANNING COMMISSION RESOLUTION NO.2380 18. 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. 19. All public and private improvements shall be inspected by the Department of Public Works. 20. 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, which will be rigorously enforced. 21. 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 22. Developer shall construct a landscaped center median on Monterey Avenue extending to the northerly extension of Tract 27882. 23. Storm drainage line at the southeast corner of project shall be located entirely out of public right of way. 24. Access to Monterey Avenue shall be reconfigured to be exit only. 25. 8' high sound attenuation wall shall be required along the Monterey Avenue / Country Club Drive frontages. 26. Project shall redesign Via Scena frontage to provide for the existing 15-foot pedestrian easement or provide documentation to the Director of Public Works to allow construction in this easement. 27. Construction traffic shall utilize the Via Scena access and grind/reseal street prior to project completion. 9 PLANNING COMMISSION RESOLUTION NO.2380 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 Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial 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 gpm flow of 1,500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4"x 2-1 /2"x2-1 /2"), located not less than 25' nor more than 200' 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 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 be not less than 24' 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' wide and 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" with a minimum vertical clearance of 13'6". 10 PLANNING COMMISSION RESOLUTION NO.2380 8. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1,300' be accepted. 9. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 11 11