HomeMy WebLinkAboutRes No 2633PLANNING COMMISSION RESOLUTION NO. 2633
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND APPROVING TENTATIVE PARCEL MAP 36776 TO
SUBDIVIDE A 1.31-ACRE PARCEL INTO TWO PARCELS WITHIN
CANYON VIEW ESTATES, LOCATED AT THE SOUTHERN TERMINUS
OF CANYON VIEW DRIVE, WITHIN IRONWOOD COUNTRY CLUB
CASE NO: TPM 36776
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of August, 2014, hold a duly noticed public hearing to consider the request by
Sunlite Development 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. The application has complied with
the requirements of the "City of Palm Desert Procedure for Implementation of the
California Environmental Quality Act," Resolution No. 2014-41, in the Director of
Community Development has determined that the proposed project is a Class 15: Minor
Land Divisions (15315) Categorical Exemption for purposes of CEQA and no further
review 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, which are outlined in the staff
report reasons to approve the said request:
Findings for Approval:
1. That the proposed map is consistent with applicable general and specific plans,
as amended.
The proposed tentative parcel map is consistent with the General Plan Land
Use Designation for low density residential. The low density residential
designation allows for single-family residential uses to serve as a buffer
between more dense residential developments and is appropriate in areas
with some site constraints. The project area borders undisturbed open space
and rock outcroppings and the V acre lots serve as a transitional area
between that open space and the denser residential uses within Ironwood
Country Club. There is no specific plan for this development.
PLANNING COMMISSION RESOLUTION NO. 2633
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The site was previously improved to comply with City standards. The proposal
to subdivide this site does not require additional improvements beyond what
has already been installed at the site. The existing development and use of
the site have been designed to, and are consistent with, the General Plan and
the City's Subdivision Ordinance and Zoning Ordinance. There is no specific
plan for this development.
3. That the site is physically suitable for the type of development.
The project area totals 1.31 acres and has been graded and established for
use as a single-family lot. The current lot form is physically suitable for single-
family development. Utilities including water, electrical, sewer and gas are in
place and surrounding properties have successfully developed single-family
homes. Further division of this parcel will not change the layout of the parcel
and both lots can accommodate single-family homes.
4. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantial and avoidable injury to
fish, wildlife, or their habitat.
The creation of an additional parcel at Canyon View Estates will not cause
substantial environmental damage or injuries to fish or wildlife or their habitat
since the site has previously been graded and developed. Creation of a new
parcel at this site does not create any new physical impacts on the
environment.
5. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The proposal to create an additional parcel at the Canyon View Estates will
not create a physical change to the existing site and will not cause public
health problems. Each lot will have access to a private street, Canyon View
Drive, and development of these lots as single-family homes conforms with
the development of surrounding properties. The lots will not create serious
public health problems, as utilities are available to support the site, use of the
properties for future development of single-family homes is compatible with
the surrounding properties, and mitigation measures for dust control and
noise will be enforced during any future development of the lots.
6. 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.
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PLANNING COMMISSION RESOLUTION NO. 2633
The creation of a new parcel at this site will not impact any public easements
as part of the subdivision.
7. That the design of the subdivision or the type of improvements will not restrict
solar access to the property.
The project meets all development standard requirements as previously
approved under the original subdivision map. Future development of the lots as
single-family homes will be subject to a 1-story, 18-foot, maximum height limit
and side yard setbacks of 5-feet or greater. The design of this subdivision and
orientation of the lots, will not impact solar access to adjacent properties or the
subject properties. Furthermore, the southern -most property line of each
property abuts undeveloped open space and allows for direct solar access to
each lot.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve TPM 36776, 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 19th day of August 2014,
by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
DASH, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2633
CONDITIONS OF APPROVAL
CASE NO: TPM 36776
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:
Building & Safety Department
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. 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.
5. Tentative Parcel Map 36776 shall be recorded within two years from the date of final
approval unless an extension of time is granted; otherwise said parcel map approval
shall become null, void and of no effect whatsoever.
6. Any proposed change to TPM 36776 will require an amendment, which will result in
a new public hearing.
7. TPM 36776 shall conform to all conditions of approval related to TTM 29716
Amendment 1, for Canyon View Estates. Minimum lot size shall be 16,000 square
feet.
8. Development standards established in Tract Map 29716 shall apply to the parcels
created under this map.
DEPARTMENT OF PUBLIC WORKS:
1. Submit the Parcel Map for review and approval to the Director of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2633
2. 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.
3. 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.
4. Pad elevations, as shown on the tentative tract map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
5. Record a Declaration of Annexation incorporating the new lots/owners into the
existing homeowners' association and CC&R's have provisions for such
annexations, then proof of which shall be submitted prior to parcel map approval.
6. Identify all proposed and existing utilities on the precise grading plan.
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.
DEPARTMENT OF BUILDING AND SAFETY:
1. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2103 California Residential Code and its appendices and standards
c. 2013 California Plumbing Code and its appendices and standards.
d. 2013 California Mechanical Code and its appendices and standards.
e. 2013 California Electrical Code.
f. 2010 California Energy Code. (Until July 1, 2014)
g. 2013 California Green Building Standards Code
h. Title 24, California Code of Regulations.
i. 2013 California Fire Code and its appendices and standards.
2. All contractors and subcontractor shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
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PLANNING COMMISSION RESOLUTION NO. 2633
3. 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.
4. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28). Compliance with Ordinance 1265 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 1265 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
5. Please contact Ms. Cherie Williams, Building and Safety Technician, at the
Department of Building and Safety (760) 776-6420 regarding the addressing of all
building and/or suites.
COACHELLA VALLEY WATER DISTRICT:
1. The applicant shall obtain an Encroachment Permit from CVWD prior to any activity
within the right-of-way of the Ironwood Training Dike of Deep Canyon Stormwater
Channel.
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