HomeMy WebLinkAboutRes No 2617PLANNING COMMISSION RESOLUTION NO. 2617
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING MODIFICATIONS TO AN
APPROVED GRADING PLAN REGARDING PAD HEIGHT ELEVATIONS
AND CONSTRUCTION OF 211 NEW UNITS ON LOT 1 OF TRACT MAP
36404 WITHIN VILLA PORTOFINO (APN: 622-020-094)
CASE NO: PP 13-279
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of February 2014, hold a duly noticed public hearing to consider the request
by Comstock Homes for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), staff
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. 2013-16, in the Director of
Community Development has determined, that the Villa Portofino project was subject to
a comprehensive CEQA review at the time it was initially approved in 1998. Since that
time the project has been under construction. The current approvals merely reaffirm the
prior approvals, and do not change them in any material way. Staff has reviewed the
prior CEQA analysis and current conditions, and confirmed that there are no changes in
circumstances or the project that would warrant additional CEQA review at this time. As
it is clear that the reaffirmation of prior approvals will not have any significant effect on
the environment, the project is categorically exempt from further environmental analysis;
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, which are outlined in the staff
report reason to approve the said request:
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 approval of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve PP 13-279.
PLANNING COMMISSION RESOLUTION NO. 2617
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 18th day of February 2014,
by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RO R DASH, CHAIRPERSON
ATTEST:
CAURI AYLAIAN, SECRETARY`
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2617
CONDITIONS OF APPROVAL
CASE NO: PP 13-279
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. 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.
3. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
4. All conditions of approval from Resolution 2012-67 shall comply.
5. The applicant shall submit design development plans to the Architectural Review
Commission before review of the construction drawings by the City.
6. 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.
7. Applicants 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. The defense obligation is described in more detail in the Amended and
Restated Development Agreement.
DEPARTMENT OF PUBLIC WORKS:
Prior to the issuance of grading permits the applicant shall:
8. Receive approval of the preliminary WQMP and preliminary grading plan.
9. Submit a precise grading plan to the Public Works Department for review and
approval. Pad elevations on precise grading plans shall conform to the range of
elevations shown on the preliminary grading plans approved by Planning
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PLANNING COMMISSION RESOLUTION NO. 2617
Commission. Any changes to the approved civil or landscape plans must be reviewed
for approval prior to work commencing.
10. 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.
11. 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.
12.The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
13. Submit a PM10 application for approval. The applicant shall comply with all provisions
of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
14. Identify all proposed and existing utilities on the precise grading plan.
15. Record a Parcel Map Waiver for lot line adjustment.
16. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with
Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number
653.
17. 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.
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anning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2617 Villa Portofino - Comstock Homes.docx
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PLANNING COMMISSION RESOLUTION NO. 2617
DEPARTMENT OF BUILDING AND SAFETY:
18. 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 Energy Code.
g. 2010 California Green Building Standards Code
h. Title 24, California Code of Regulations.
i. 2010 California Fire Code and its appendices and standards.
19.AI1 contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
20.AII 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.
21.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.
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.
22. Model homes as part of a production homes development shall be equipped with a
solar PV Energy System with a minimum nominal output of 2.9 kW. (PDMC 15.07.040)
a. The seller of production homes shall offer a solar PV energy system option to all
customers that enter into negotiations to purchase a new production home and
disclose the following:
i. The total installed cost of the solar PV energy system option; and,
ii. The estimated cost savings associated with the solar energy system option as
determined by current and projected future utility costs.
23. Provide provisions for mandatory energy star appliances for production homes in
residential development. (PDMC 24.30.050, 15.07.040(4))
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PLANNING COMMISSION RESOLUTION NO. 2617
24. Local School District "Square Footage Verification Forms" will be required before
permit issuance. For questions regarding applicable school fees, please contact either:
• Desert Sands Unified School District: (760) 771-8515
http://web 1. dsusd. k 12. ca. us/BusinessServices/Facilities/Pa pes/De veloperFees. a
spx
• Palm Springs Unified School District: (760) 416-6159
Palm Springs Unified School District : Developer Fees
25. Transportation Uniform Mitigation Fees (TUMF) will apply for this project. Please
consult Karen Doyle, Permit Specialist II, within the Department of Building and Safety
for further information.
RIVERSIDE COUNTY FIRE DEPARTMENT:
26. Effective January 1, 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.
27. The minimum fire flow requirement for one and two family detached dwellings is 1500
GPM for a 2-hour duration. Fire hydrants must be within 250 feet of all portions of all
buildings. Fire hydrants must have one 4" outlet and two 2 1/2 outlets for engine and
hose connections.
28. The minimum fire flow requirement for multi -family dwellings of 3 or more units is 2500
GPM for a 2-hour duration. Fire hydrants must be within 250 feet of all portions of all
buildings. Fire hydrants must have one 4" outlet and two 2 1/2 outlets for engine and
hose connections.
29. 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 fire
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.
30. Prior to issuance of building permits, the water system for fire protection must be
provided as approved by the Fire Department and local water authority.
31. Blue dot retro-reflectors pavement markers on private streets, public streets and
driveways to indicate location of the fire hydrant. 06-05.
32. Fire Apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05. Access lanes will not have an up, or downgrade
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PLANNING COMMISSION RESOLUTION NO. 2617
of more than 15%. Access lanes will be designed to withstand the weight of 80
thousand pounds over 2 axles. Access will have a turning radius capable of
accommodating fire apparatus. Access lane shall be constructed with a surface so as
provide all weather driving capabilities.
33. Any turn -around requires a minimum 38-foot turning radius.
34. 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.
35. Roadways may not exceed 1300 feet without secondary access. Secondary access
can be accomplished by two main access points from a main roadway or an
emergency gate from an adjoining development. This access may be restricted to
emergency vehicles only. However, public egress must be restricted.
36. 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 signal traffic lane provides access to a gate
entrance, a 38-foot turning radius shall be used.
37. 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.
38. 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 exceeding 30
pounds. Gates activated by a rapid system shall remain open until closed by rapid
entry system. Automatic gates shall be powered with a power back-up.
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