HomeMy WebLinkAboutRes No 2402PLANNING COMMISSION RESOLUTION NO. 2402
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN AND CONDITIONAL USE PERMIT TO
CONSTRUCT A PLANNED RESIDENTIAL DEVELOPMENT
CONSISTING OF SIX TWO-STORY SINGLE FAMILY
HOMES AND A TENTATIVE TRACT MAP TO SUBDIVIDE
AN 18,400 SQUARE FOOT SITE INTO SIX LOTS AT 45-900
HIGHWAY 74.
CASE NOS. PP 06-07, CUP 06-04 AND TT 34597
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did
on the 20th day of June, 2006, hold a duly noticed public hearing to a consider a request
by SERENITY OF PALM DESRT LLC for the above mentioned; 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. 06-78," in that the Director of Community Development has determined
that the proposed project is a Class 32 categorical exemption per Section 15332 (Class
32, In -Fill Development Projects) of CEQA Guidelines and no further documentation 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 granting approval of
said conditional use permit:
1. The location of the conditional use permit and tentative parcel map is in
accord with the objectives of the municipal code and the purpose of district
in which the site is located.
2. The proposed use is compatible with adjacent condominiums and
apartments
3. The proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
4. The proposed conditional use and parcel map will comply with each of the
applicable provisions of the municipal code.
5. That the proposed conditional use complies with the goals, objectives and
policies of the city's general plan.
6. That the density of the proposed parcel map is consistent with the general
plan.
PLANNING COMMISSION RESOLUTION NO. 2402
7. The site is physically suitable for the type and density of development
proposed.
8. The density of the parcel map and the proposed improvements will not
cause substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat.
9. The design of the parcel map and 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.
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 Precise Plan 06-07, Conditional Use Permit 06-04 and
Tentative Tract Map 34597 is hereby granted for reasons subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of June, 2006, by the following vote, to wit:
AYES: CAMPBELL, TANNER, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
PHILIP DRELL Secretary
Palm Desert Planning Commission
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JA K. LOPEZ, •irperson
PLANNING COMMISSION RESOLUTION NO. 2402
CONDITIONS OF APPROVAL
CASE NOS. PP 06-07, CUP 06-04 AND TT 34597
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 one year 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. 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, TUMF, School Mitigation
and Housing Mitigation fees.
6. The applicant shall enhance the decorative bench and pop -out stucco wall arch
area on the east elevations of the homes on Lots 1 and 6. Additional
enhancements may include, but not necessarily be limited to, adding ceramic tile
on the wall area inside the pop -out stucco arch, creating a small landscape planter,
and/or constructing a trellis.
7. The final map shall include easements over those portions of Lots 1 and 6 where
courtyards are located that serve adjacent Lots 2 and 5, respectively, that allow
property owners of Lots 2 and 5 to use the easements.
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PLANNING COMMISSION RESOLUTION NO. 2402
8. Prior to issuance of building permits, the applicant shall submit a project site plan
to Waste Management of the Desert (760 340-6445) for review and approval that
shows the proposed locations for storage of three 96-gallon containers (trash,
recycling and green waste) on each of the six lots. The applicant shall request a
letter of approval from Waste Management of the Desert and shall submit copies
to the Community Development and Building and Safety Departments at the time
of plan check submittal.
Department of Public Works:
GENERAL REQUIREMENTS
1. Landscape maintenance of any common areas and property frontage shall be
provided by a homeowners association and/or property owner, 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 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 any 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 issuance of grading permit.
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.
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PLANNING COMMISSION RESOLUTION NO. 2402
DESIGN REQUIREMENTS
8. Any 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 nuisance water.
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" plan 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 are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code and PM 24255
14. Waiver of access to the Frontage Road, except at approved locations, shall be
granted on the final map.
REQUIRED CONSTRUCTION
15. Full 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
including the following:
• 6' wide sidewalk on Frontage Road
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
the 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.
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PLANNING COMMISSION RESOLUTION NO. 2402
18. All public and private improvements shall be inspected by the Department of Public
Works.
19. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management
and Discharge Control.
20. 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
21. Applicant shall cooperate with the city in regards to the vacation of the pedestrian
easement along southern property line.
Riverside County Fire Department:
1. The project shall provide fire protection measures in accordance with City Municipal
codes, appropriate NFPA Standards, CFC, CBC and/or recognized Fire Protection
Standards.
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