HomeMy WebLinkAboutRes No 2391PLANNING COMMISSION RESOLUTION NO. 2391
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL
MAP TO SUBDIVIDE 83.2 ACRES INTO TWENTY-TWO (22) PARCELS.
SUBJECT. PROPERTY IS LOCATED BETWEEN PORTOLA AVENUE
AND COOK STREET NORTH OF GERALD FORD. (APN 653-280-035,
653-390-091, 653-390-071)
CASE NO. TPM 34211
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21St day of March, 2006, hold a duly noticed public hearing which was continued to April 4
and April 18, 2006, to consider the request of WILSON JOHNSON CRE, INC. for the above
mentioned project; 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
has been previously assessed and that no further review is necessary; 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 approving the parcel map:
1. That the proposed map is consistent with applicable General Plan, specific
plans and Wonder Palms Commercial Center Development Plan.
2. That the design or improvement of the proposed parcel map is consistent with
applicable General and North Sphere Specific Plans and the Wonder Palms
Commercial Center Development 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. That the design of the parcel map 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 parcel map 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.
PLANNING COMMISSION RESOLUTION NO. 2391
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 it does hereby approve the above described Tentative Parcel Map No.
34211, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18'h day of April, 2006, by the following vote, to wit:
AYES: CAMPBELL, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
bO)
PHILIP DRELL,1Secretary
Palm Desert Planning Commission
JA ► ' : K. L • P 7, : irperson
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PLANNING COMMISSION RESOLUTION NO. 2391
CONDITIONS OF APPROVAL
CASE NO. PM 34211
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 map occur within one year of the date of this 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 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
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. Development of lots contained within the subject map shall be subject to the provisions
of DA 97-2
6. Development of lots contained within the subject map shall be subject to the provisions
of the Purchase and Sale Agreement between the City of Palm Desert and La Quinta
Village Business Center, LLC dated March 31, 2006.
Department of Public Works:
GENERAL
1. Landscaping maintenance of any common areas shall be provided by the property
owners 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
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PLANNING COMMISSION RESOLUTION NO. 2391
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
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.
BONDS AND FEES
3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
shall be paid prior to recordation of final map minus the cost of the drainage
improvements made.
4. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN PLANS
5. 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 drainage for a 100-year storm and shall
include the property identified in the purchase and sale agreement between the
applicant and City.
6. 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.
7. 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.
8. Complete parcel 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.
9. Any and all offsite improvements shah be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2391
10. Pad elevations, as shown on the parcel map are subject to review and modification in
accordance with Chapter 26 of the Palm Desert Municipal Code.
11. Waiver of access to Cook Street and Portola Avenue, except at approved locations,
shall be granted on the final map.
REQUIRED CONSTRUCTION
12. Full public improvements required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards.
• Half -Street improvement of Technology Drive to the approval of the Director of Public
Works.
• Offer of dedication of the mid -valley retention channel providing the retention for this
subdivision with the property owner responsible for maintenance. An easement shall
be provided for public utilities and bikepath in this area as shown at time of recordation
if dedication is not made. At time of dedication the channel shall be lined.
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.
13. All public and private 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 improvements have been completed.
SPECIAL CONDITIONS
14. A minimum 8' wide level easement adjacent to the Cook Street Overpass to provide a
future connection to a bikepath along the Mid -Valley Storm Channel, and a 12' wide
easement along the southerly property line of Parcel 2 to connect with the future park
site. The 12' easement shall also be required of the property to the south of Parcel 2
when that property develops.
15. Parcels 18-22 shall be responsible for landscape and maintenance of the adjacent
slope extending to Cook Street.
16. Any other language within the Purchase and Sale Agreement of March 3, 2006
entered into between the City and Applicant shall supercede these conditions to the
discretion of the Director of Public Works.
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