HomeMy WebLinkAboutRes No 2605PLANNING COMMISSION RESOLUTION NO. 2605
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, AND TENTATIVE
TRACT MAP 36554 TO SUBDIVIDE 10 ACRES (TWO EXISITNG
PARCELS) INTO 32 SINGLE-FAMILY RESIDENTIAL LOTS. THE
PROJECT SITE IS LOCATED ON THE SOUTHWEST CORNER OF
PORTOLA AVENUE AND JULIE LANE AT 36-333 PORTOLA AVENUE
CASE NO: TT 36554 / HTE 13-173
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of July 2013, hold a duly noticed public hearing to consider the request by
GHA Communities for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The said application has complied
with the requirements of the "City of Palm Desert Procedure for Implementation of the
California Environmental Quality Act," Resolution No. 2012-20, in the Director of
Community Development has determined that a Mitigated Negative Declaration of
Environmental Impact was prepared, and all potential impacts were less than significant
as mitigated; 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 approve the said
request:
A. Findings of Approval for Tentative Tract Map 36342:
No map shall be approved unless the Planning Commission finds that the proposed
subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan.
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans;
The proposed density of 3.6 units per acre is consistent with the General Plan
Land Use Designation of Low Density Residential of 0-4 units per acre. In the
Land Use Element under residential goals, policies, and programs, a goal is to
PLANNING COMMISSION RESOLUTION NO. 2605
provide "a range of housing types, densities and affordabilities that
accommodate existing and future residents across all socio-economic sectors of
the community." The density is also consistent with other approved tract maps to
the west and north of the subject site. 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 of the residential component will result in 32 single-family homes.
The design and improvements of the new subdivision have been reviewed by the
Planning and Public Works Departments for consistency with the General Plan.
The lot sizes and drainage patterns meet all requirements of the General Plan.
The project has been conditioned to meet all necessary improvements for streets
and drainage in conformance with the General Plan.
3. The site is physically suitable for the type of development.
The project area totaling 10 acres is located adjacent to existing residential
communities that have been designed and constructed for this type of
development. No obstacles to development of the existing subdivisions 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. The site is physically suitable for residential development.
The proposed 10-acre site is physically suitable for residential development with
access provided by two streets: Shepherd Lane and Julie Lane. The project
would have a total of 32 single-family homes. The proposed density of 3.6 units
per acre is under the maximum allowed of the General Plan designation and
zoning designation. Utilities are available in the vicinity, and the property is
adjacent to residential properties to the south and west.
5. The design of the tract map or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
A Mitigated Negative Declaration of Environmental Impact was prepared, and all
potential impacts were less than significant as mitigated. The design of the
project will not cause substantial environmental damage or injure fish or wildlife or
their habitat since the surrounding area has been developed with similar densities.
6. The design of the tract or type of improvements is not likely to cause serious
public health problems.
The design of the tract map is consistent with all provisions of the zoning
ordinance. The proposed development is subject to applicable City development
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PLANNING COMMISSION RESOLUTION NO. 2605
standards and the Uniform California Building Standards Code, which is
developed under the Health and Safety Code (Section 18902), and whose
purpose is to protect the health, safety, and general welfare of the public.
7. 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 proposed subdivision does not interfere with any public easements acquired
by the public.
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 TT 36554 /
HTE 13-173, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 16th day of July 2013, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: DASH
ABSTAIN: NONE
NANCY DE NA, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2605
CONDITIONS OF APPROVAL
CASE NO: TT 36554 / HTE 13-173
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. 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.
3. 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.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted
to the Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
6. 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.
7. Any proposed change of this Tentative Tract Map will require an amendment, which
will result in a new public hearing.
8. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
9. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
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PLANNING COMMISSION RESOLUTION NO. 2605
10. That the building colors be consistent with those shown on the material sample
board and the design is consistent as approved by the Architectural Review
Commission.
11.The applicant is approved to subdivided 10 acres into 32 single-family lots.
12. Development standards for Tentative Tract Map 36554:
Front setback
Rear setback
Side yard setback
Street side yard setback
Maximum height
Lot coverage
20 feet
15 feet
14 feet combined, minimum 5 feet
10 feet
18 feet (single story)
35% (50% with ARC approval)
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. CC&R's shall be submitted before or concurrently with the final map for review and
approval and shall record with the final map.
3. Prior to City Council approval of tract map 36554-1, the applicant shall construct or
enter into an agreement and post security, in a form and amount acceptable to the
City Engineer, guaranteeing the construction of all off -site improvements for this
phase. Improvements shall include; but are not limited to:
a. The installation of landscaping and ADA compliant sidewalk on Portola
Avenue.
b. The installation of landscaping, ADA compliant sidewalk, and curb and gutter
on Anastacia Lane and Shepherd Lane.
4. Prior to City Council approval of the Tract Map 36554, the applicant shall construct
or enter into an agreement and post security, in a form and amount acceptable to
the City Engineer, guaranteeing the construction of all off -site improvements for this
phase. Improvements shall include; but are not limited to:
a. The installation of landscaping and ADA compliant sidewalk on Portola
Avenue.
b. The installation of landscaping, ADA compliant sidewalk, and curb and gutter
on Encore Lane, Shepherd Lane, and Julie Lane. Final street improvements
on Julie Lane shall be to the centerline plus 4'.
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PLANNING COMMISSION RESOLUTION NO. 2605
c. Relocate the SCE power pole(s) on Portola Avenue to the specifications of
SCE and the City of Palm Desert.
5. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55.
6. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert
Municipal Code and Palm Desert Ordinance Number 653.
7. The road alignment of Julie Lane shall be finalized, including recordation of necessary
dedications for street and public utility purposes relative to the property to the north. If
the applicant is unable to obtain right-of-way on Julie Lane then they will resubmit
final tract map design for TR 36554 to the City for review and approval.
8. The applicant shall submit clearance/non-interference letters from all utility
companies.
9. The City shall be responsible for the relocation of the traffic signal on Julie Lane and
shall coordinate the improvements with the street improvements on Julie Lane.
Prior to the issuance of grading permits the applicant shall:
10. 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.
11. If the applicant mass/rough grades TR 36554 & TR 36554-1 then they shall submit a
grading bond, separate from an off -site improvement bond, to be held until the
issuance of a precise grading permit.
12. 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.
13. 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.
14. 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. 2605
15. Submit a site -specific geotechnical study. The geotechnical report shall be prepared
by a registered civil engineer or certified engineering geologist.
16. 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.
17. Identify all proposed and existing utilities on the precise grading plan.
18. 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.
19. 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.
Prior to the issuance of precise grading permits for TR 36554 lots the applicant shall:
20. Relocate the SCE power pole(s) on Portola Avenue to the specifications of SCE
and the City of Palm Desert, and construct final street improvements on Julie Lane
to the centerline plus 4'.
DEPARTMENT OF BUILDING AND SAFETY:
1. This project shall comply with the latest adopted edition of the following codes:
a. 2010 California Building Code and its appendices and standards.
b. 2010 California Residential Code and its appendices and standards.
c. 2010 California Plumbing Code and its appendices and standards.
d. 2010 California Mechanical Code and its appendices and standards.
e. 2010 California Electrical Code.
f. 2010 California Green Building Standards Code
g. 2010 California Energy Code.
h. Title 24, California Code of Regulations.
i. 2010 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2605
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
3. 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.
4. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
5. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
6. Any grading performed on lots 1-8, Anastacia Lane that affects the existing block
wall height will need to be reviewed and approved by the Department of Building
and Safety. Reducing the height could affect the barrier requirements for pool safety
to the existing lots located directly south of these lots. Alterations to these existing
walls will need building permits to determine code compliance.
7. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
FIRE DEPARTMENT CONDITIONS:
1. Effective January 1st 2011 all one/two family dwellings and townhouses will require
an automatic residential fire sprinkler system designed and installed in accordance
with section HCD R313.3 and NFPA 13D.
2. For residential areas, approved standard fire hydrants, located at each intersection
and spaced 500 feet apart with no portion of any lot frontage more than 250 feet
from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20
PSI.
3. For any buildings with public access, provide or show there exists a water system
capable of delivering a fire flow 2000 gallons per minute for 2 hours duration at 20
psi residual operating pressure, which must be available before any combustible
material is placed on the construction site.
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PLANNING COMMISSION RESOLUTION NO. 2605
4. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review and
approval. Plans shall be signed by a registered civil engineer, and shall confirm
hydrant type, location, spacing, and minimum fire flow. Once plans are signed and
approved by the local water authority, the originals shall be presented to the Fire
Department for review and approval.
5. Prior to issuance of building permits, the water system for fire protection must be
provided as approved by the Fire Department and the local water authority.
6. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicate location of the fire hydrant. Per Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.orq).
7. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will
not have an up, or downgrade of more than 15 percent. Access lanes will be
designed to withstand the weight of 80 thousand pounds over two axles. Access will
have a turning radius capable of accommodating fire apparatus. Access lane shall
be constructed with a surface so as to provide all weather driving capabilities.
8. Any turn -around requires a minimum 38-foot turning radius.
9. The minimum dimension for access roads and gates is 20 feet clear and
unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height.
10. Roadways may not exceed 1,300 feet without secondary access. This access may
be restricted to emergency vehicles only; however, public egress must be
unrestricted.
11.Any gate providing access from a road shall be located at least 35 feet setback from
the roadway and shall open to allow a vehicle to stop without obstructing traffic on
the road. Where a one-way road with a single traffic lane provides access to a gate
entrance, a 38-foot turning radius shall be used.
12. Gates may be automatic or manual and shall be equipped with a rapid entry system
(KNOX). Plans shall be submitted to the Fire Department for approval prior to
installation. Automatic gate pins shall be rated with a shear pin force, not exceed 30
pounds. Gates activated by a rapid system shall remain open until closed by the
rapid entry system. Automatic gates shall be provided with a power backup.
13. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane printing
and/or signs.
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