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HomeMy WebLinkAboutRes No 2388PLANNING COMMISSION RESOLUTION NO.2388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP SUBDIVIDING A 10.6-ACRE SITE INTO 72 SINGLE- FAMILY LOTS, MODIFIED SETBACKS AND LOT SIZES FOR THE 72 LOTS FOR PROPERTY LOCATED SOUTH OF GERALD FORD DRIVE EAST OF THE FUTURE PACIFIC AVENUE, 74-300 COLLEGE DRIVE. CASE NO. TT 34074 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 4th day of April, 2006, hold a duly noticed public hearing to consider the request of PALM DESERT FUNDING COMPANY, LP, 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. 05-52," in that the Director of Community Development has determined that the project was previously assessed as part of Case No. C/Z 06-04 and University Park Master Plan; 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 Medium Density Residential and the proposed zoning of PR-5/PCD. 2. That the design or improvement of the proposed subdivision is consistent with the general plan. 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 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 PLANNING COMMISSION RESOLUTION NO. 2388 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. 34074 is hereby granted, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of April, 2006, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTESTS -- —_t PHILIP DRELL, secretary Palm Desert Planning Commission 2 JAM K. LOPEZ, C a • - rson PLANNING COMMISSION RESOLUTION NO. 2388 CONDITIONS OF APPROVAL CASE NO. TT 34074 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 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 3 PLANNING COMMISSION RESOLUTION NO.2388 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 development standards prescribed in the University Park Master Plan when approved by the City Council. 10. In addition to the minimum energy efficiency standards set forth in the current edition of Title 24 California Administrative Code (CAC), homes in the tract shall incorporate the energy efficiency features as specified in the memorandum from Pat Conlon (Office of Energy Management) dated November 28, 2005 (attached hereto as Exhibit B). 11. Developer shall install photovoltaic panels on the model units and market same to unit purchasers as an option. All homes to be prewired to accept photovoltaic panels. 12. That the applicant shall construct a bus turnout and shelter to be installed on property located on Gerald Ford Drive. If service is not provided in the area at the time of construction, then the condition will be reexamined by the City to determine if the need for public transit facilities still exists. 13. That any request for a height exception shall be forwarded to the Planning Commission for review and comment following preliminary action by the Architectural Review Commission. Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas and property frontages shall be provided by a homeowners association, shall be water efficient in nature and 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 shall specify: (a) the applicant 4 — PLANNING COMMISSION RESOLUTION NO.2388 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 © 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 the incremental increase in flows 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. 5 PLANNING COMMISSION RESOLUTION NO.2388 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 Gateway/College 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, and those shown on the plans, shall be installed in accordance with applicable City standards including the following. . 8' wide sidewalk on Gerald Ford Drive, 4' minimum from curbface. Development and dedication of park in center of project with plans approved by the City's Parks and Recreation Commission. 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. 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. wir 6 ■+ PLANNING COMMISSION RESOLUTION NO.2388 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. 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. A public access easement shall be provided over streets A, D, E and J with a public parking easement over street D and J, if these streets are developed as part of this map. 23. Appropriate access and circulation shall be provided for all lots as required by the City Engineer and Fire Marshal. This shall consist of easements and improvements as deemed necessary. 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. Provide or show there exists a water system capable of providing a gpm flow of: 1,500 gpm for single family dwellings 3. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2'/2 " x 2'/2" located not less than 25 feet nor more than: 200 feet from any portion of a single family dwelling measured via vehicular travelway. 4. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 7 PLANNING COMMISSION RESOLUTION NO. 2388 5. Please be advised the proposed project may not be feasible since the existing water mains will not meet 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. Conditions subject to change with adoption of new codes, ordinance, laws, or when building permits are not obtained within 12 months. 8