HomeMy WebLinkAboutRes No 2537PLANNING COMMISSION RESOLUTION NO. 2537
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING OF APPROVAL FOR
A CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED
RESIDENTIAL 5 UNITS PER ACRE (PR-5) AND A TENTATIVE TRACT
MAP TO CREATE 15 NEW RESIDENTIAL LOTS ON THE NORTH SIDE
OF PICASSO DRIVE WITHIN THE GALLERY RESIDENTIAL
DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF
GERALD FORD DRIVE AND PORTOLA AVENUE.
CASE NOS.: C/Z 10-276 AND TT 36335
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of November 2010, hold a duly noticed public hearing to consider the
request by Ponderosa Homes II, Inc. 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. 10-26, the Director of Community Development has determined that the
project will not have a negative impact on the environment and is a Class 32 Exemption
from CEQA, 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 the
recommendation to the City Council of said request:
1. That the proposed Change of Zone from SI to PR-5 is consistent with the
General Plan Medium Density Residential designation and that the
proposed Tentative Tract Map is consistent with the proposed zone
change and the existing residential community known as The Gallery.
2. That the proposed Change of Zone and Tentative Tract Map will not be
detrimental to the public health, safety or general welfare, for be materially
injurious to the surrounding properties or improvements in the City of Palm
Desert.
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans;
• The proposed density of five units per acre is consistent with the General
Plan Land Use Designation of Residential Medium Density of 4-10 units per
acre. Provided that the remainder of the developer's 33.71 acres is developed
with a density of 7.26 (or more) dwelling units per acre, the proposed
PLANNING COMMISSION RESOLUTION NO. 2537
subdivision will be consistent with the updated Housing Element of the
General Plan. The density is also consistent with the specific approved
project known as The Gallery by Ponderosa Homes. There is no specific plan
for this area.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
• The design and improvements of the new subdivision have been reviewed by
Planning and Public Works for consistency with the General Plan. The lot
sizes and drainage patterns meet all requirements of the General Plan. All
streets are existing and are also in conformance with the General Plan. The
residential community is already developed with the necessary improvements
for streets and drainage in conformance with the General Plan.
3. That the site is physically suitable for the type of development;
• The project area totaling 3.40 acres is located adjacent to an existing
residential community that has been designed and constructed for this type of
development. No obstacles to development of the existing subdivision were
experienced and, due to the proximity and similarity of the proposed
development, it's reasonable to conclude that the site is physically suitable for
it.
4. That the site is physically suitable for the proposed density of development;
• The existing community is approved for 240 units on 84 acres, totaling 2.86
units per acre. The new density is 4.44 units per acre which is consistent with
the proposed density of five (5) units per acre. The infrastructure, soils, and
terrain serving this proposed subdivision will adequately support a density of
4.44 units per acre.
5. That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat;
• The previous subdivision of 240 units was approved with a Negative
Declaration of Environmental Impact in accordance with CEQA. All previous
impacts were identified and mitigated as part of the previous approval. The
new 15 lots will be subject to a Class 32 categorical exemption from CEQA
since they are located adjacent to an existing development with infrastructure
and improvements, and since the total project size is less than five acres.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems;
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PLANNING COMMISSION RESOLUTION NO. 2537
• The design of the new 15 lots will be in compliance with all grading
requirements and the properties will be developed in accordance with the
Uniform California Building Code.
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.
• The new lots are located within a private residential community and will not
impact any public easements as part of the 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 Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of C/Z 10-
276 and TT 36335, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of November 2010, by the following vote, to
wit:
AYES: LIMONT, TANNER, CAMPBELL, SCHMIDT AND DeLUNA
NOES:
ABSENT:
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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CONNOR LIMONT, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2537
CONDITIONS OF APPROVAL
CASE NOS. C/Z 10-276 AND TT 36335
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. Construction of a portion of the project shall commence within two (2) years from
the date of the final approval unless a time extension 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 an limitations set forth herein which are in addition to all Palm Desert
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 or structure
contemplated by this approval, the applicant shall first obtain permits and/or
clearance from the following agencies:
Coachella Valley Water District (CVWD)
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. The project shall be subject to all applicable fees at time of issuance of building
permits.
7. In the event that Native American cultural resources are discovered during
project development/construction, all work in the immediate vicinity of the find
shall cease and a qualified archaeologist meeting Secretary of Interior standards
shall be hired to assess the find. Work on the overall project may continue during
this assessment period. If significant Native American cultural resources are
discovered that require a Treatment Plan, the developer or his archaeologist
shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the
developer or archaeologist shall, in good faith, consult on the discovery and its
disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
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PLANNING COMMISSION RESOLUTION NO. 2537
8. Lots less than 10,000 square feet in area shall comply with the following
development standards:
Front Yard: 20 feet to garage, 15 feet to dwelling or side entry garage
Side Yard: 5 feet minimum, 14 feet combined
Street Side: 10 feet on corner lots
Rear Yard: 20 feet minimum
All other development standards shall comply with Palm Desert Municipal Code
Section 25.16.050 and 25.56.
9. Lots that are 10,000 square feet in area or larger shall comply with the following
development standards:
Front Yard: 20 feet to garage, 15 feet to dwelling or side entry garage
Side Yard: 6 feet minimum, 16 feet combined
Street Side: 10 feet on corner lots
Rear Yard: 20 feet minimum
All other development standards shall comply with Palm Desert Municipal Code
Section 25.16.050 and 25.56.
10. The applicant shall provide a bus pullout and pad for future shelter. If the bus
service on Gerald Ford Drive does not exist at the time of building permit
issuance for the final phase of the project, then the condition will be reexamined
by the City to determine if the need for public transit facilities still exists.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Tract Map and any permits:
1. The tract map shall be submitted to the Director of Public Works for review and
approval.
2. A Declaration of Annexation incorporating the new Tots/owners into the existing
Homeowners Association and CC&R's shall record concurrently with the final
map.
3. Waiver of access to Cortesia Way shall be granted on the final map.
4. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55.
5. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert
Municipal Code and Palm Desert Ordinance Number 653.
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PLANNING COMMISSION RESOLUTION NO. 2537
Prior to the issuance of grading permits the applicant shall:
6. Submit a grading plan to the Department of Public Works for review and approval.
Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
7. Submit a final Water Quality Management Plan (WQMP) for approval. The
WQMP shall identify the Best Management Practices (BMPs) that will be used on
the site to control predictable pollutant runoff. Prior to the issuance of grading
permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with County's Recorder Office and a conformed copy shall be
provided to the Public Works Department.
8. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a
copy of the NOI stamped by the State Water Resources Control Board or the
Regional Water Quality Control Board, or a letter from either agency stating that
the NOI has been filed.
9. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section
24.12 regarding Fugitive Dust Control.
10. Submit a site -specific geotechnical study. The geotechnical report shall be
prepared by a registered civil engineer or certified engineering geologist.
11. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide
when designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
12. Identify all proposed and existing utilities on the precise grading plan.
13. 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.
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PLANNING COMMISSION RESOLUTION NO. 2537
14. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
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