HomeMy WebLinkAboutRes No 2564PLANNING COMMISSION RESOLUTION NO. 2564
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
APPROVED TENTATIVE TRACT MAP 36342 FOR 196 RESIDENTIAL
HOMES TO ALLOW: 11 CONDOMINIUM LOTS TOTALING 78
CONDOMINIUM UNITS; 69 SINGLE FAMILY ATTACHED HOMES; 49
SINGLE FAMILY DETACHED HOMES; AND A PRIVATE RECREATION
FACILITY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY
PARK DRIVE AND COLLEGE DRIVE WITHIN THE UNIVERSITY PARK
MASTER PLAN.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of September, 2011, hold a duly noticed public hearing to consider the request
by High Pointe Communities 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, in that the Director of Community Development has determined that
the project is covered by the general rule that CEQA applies only to projects which have
the potential for causing effect on the environment. If the project in question can be seen
with certainty that there is no possibility that the project may have a significant effect on the
environment, the project is not subject to CEQA. The project will not have a negative
impact on the environment since the University Park Master Plan was approved in 2006
with a Negative Declaration of Environmental Impact, and was consistent with the
general plan designations for the area and was analyzed in the General Plan
Environmental Impact Report which was certified March 15, 2004, and therefore 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 exist to justify the approval of said
request:
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 / High Density
of 4-22 units per acre. The University Park Master Plan as approved is
consistent with General Plan land use plan as approved by the City
Council on March 15, 2004.
PLANNING COMMISSION RESOLUTION NO. 2564
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
• This action will not change the previously approved design of the
proposed subdivision, which was found to be consistent with the General
Plan and the University Park Master Plan by the Planning Commission on
May 3, 2011. The design and improvements of the new subdivision have
been reviewed by Planning and Public Works for consistency with the
General Plan.
3. That the site is physically suitable for the type of development;
• The proposed action does not change the physical suitability of the site for
the type of development, which was previously found to be adequate by
the Planning Commission by Resolution No. 2549. The area has been
designed and approved within the University Park Master Plan for this
type of development.
4. That the site is physically suitable for the proposed density of development;
• The site is approved for 196 units on 22.9 acres. The zoning allows five
units per acre. The proposed action does not change the physical
suitability or density of development, which was previously found to be
adequate by the Planning Commission by Resolution No. 2549.
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 proposed modification to the tentative tract map will allow the
applicant to sell condominium units to other developers to build and sell.
The change will not cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems;
• The design of the subdivision will remain the same as previously approved
by the Planning Commission on May 3, 2011, by Resolution No. 2549.
The only change to the tentative tract map is to allow condominium units
for sale purposes. The project will be developed in accordance with the
2010 California Building Code, which has been issued by the California
Building Standards Commission in order to protect the health and safety of
the general public.
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PLANNING COMMISSION RESOLUTION NO. 2564
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 design of the project was previously approved by the Planning
Commission on May 3, 2011, by Resolution No. 2549. The project is
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 Commission in this case.
2. That the Planning Commission does hereby grant approval of Amendment
#1 TT 36342, subject to the attached conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of September 2011, by the following vote, to
wit:
AYES: CAMPBELL, DASH, TANNER AND DE LUNA
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2564
CONDITIONS OF APPROVAL
CASE NO. Amendment #1 TT 36342
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 and 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
Edison
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. All development standards shall comply with the approved University Park
Master Plan document as defined.
8. The plant selection is in conformance with the City's Desert Floral Palette and a
final landscaping plan must be reviewed and approved by the City's Landscaping
Manager before building permits are issued, and that plant location is subject to
change based on location of the utilities.
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PLANNING COMMISSION RESOLUTION NO. 2564
9. All Landscaping and lighting for the facility shall be strictly on site and will not
intrude onto surrounding properties.
10. A detailed lighting plan shall be submitted to staff for approval, subject to applicable
lighting standards, plan to be prepared by a qualified lighting engineer.
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. Easements for pedestrian access at both ingress/egress points shall
be dedicated to the public on the map.
2. CC&R's shall be submitted concurrently with the final map for review. The
CC&R's shall include the required maintenance of the storm drain line, manhole
and drywell located within the City's University Park East.
Prior to the issuance of grading permits the applicant shall:
3. 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.
4. 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.
5. 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.
6. 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.
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PLANNING COMMISSION RESOLUTION NO. 2564
7. 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.
8. Identify all proposed and existing utilities on the precise grading plan.
9. 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. Design/Improvement changes from
the prior project approval may require a drainage study with associated
hydrology/hydraulic calculations.
10. 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.
11. Two existing off -site retention basins have been utilized to satisfy the on -site
retention requirement for the tract. A drainage/retention easement needs to be
obtained from the city for the parcel previously known as Parcel B prior to the
issuance of a grading permit.
DEPARTMENT OF BUILDING AND SAFETY:
1. Project must conform to the current State of California Codes adopted at the time
of plan check submittal. The following are the codes enforced at this time:
2010 CALIFORNIA RESIDENTIAL CODE (Based on 2009 IRC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
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PLANNING COMMISSION RESOLUTION NO. 2564
2. HSC section 17959.6 (enacted by Assembly Bill 1400, Chapter 648 of the
Statutes of 2003) requires California builders constructing new for -sale
residential units to provide a "checklist" of universal accessibility features to a
purchaser. Therefore, a checklist must be offered to a buyer of housing units for
which a building permit application is submitted on or after January 26, 2006. The
City of Palm Desert requires the checklist to be imprinted on the model plan sets.
If you do not have a copy of the Health and Safety Code, it can be found online
at http://www.leginfo.ca.gov . Copies of both certification notices, summaries of
the ordinance and the checklist, and the text of the model ordinance and the
checklist are available for download from the HCD website,
www. hcd.ca.gov\codes.
3. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217 for residential structures
covered within the CRC.
4. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm Desert Municipal Code, Title
5.
5. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
FIRE DEPARTMENTS CONDITIONS:
1. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi
residual pressure from a permanently installed Fire Hydrant before any
combustible material is placed on the job site.
2. The applicant shall provide proof the existing water system is capable of
providing the minimum necessary gpm flow for 1500 gpm for single family
dwellings and 2500 gpm for multifamily dwellings.
3. The applicant shall provide the required fire flow from a permanent wet Barrel
Super Hydrant with 1-4" and 2-2 1/2 " discharge outlets located not less than 25'
and no more than 200' from any portion of a single family dwelling measured
along a vehicular travel way and 165' from any portion of a multifamily dwelling
measured along a vehicular travel way.
4. The applicant shall submit water plans to be reviewed and approved by the Fire
Marshal and include verification that the water system is capable of providing the
required fire flow.
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PLANNING COMMISSION RESOLUTION NO. 2564
5. Knox access devices shall be provided as follows: A knox padlock for every
manual gated entrance, and a knox box for each individual commercial building.
6. The applicant shall provide secondary access for a dead end single access
roadways exceeding 500' and or mitigate with sprinklers or other means
approved by the Fire Marshal. Under no circumstances, shall dead end roadways
over 1,300' be accepted. Secondary access can be accomplished by two main
access points from a main roadway or a emergency gate from an adjoining
development.
7. As of January 1, 2011 the CFC, CBC requires an NFPA 13D fire sprinkler system
be installed in all single family dwellings.
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