Loading...
HomeMy WebLinkAboutRes No 2639PLANNING COMMISSION RESOLUTION NO. 2639 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN AND A TENTATIVE TRACT MAP TO CREATE 111 SINGLE-FAMILY RESIDENTIAL LOTS AND AN 8.16 ACRE PARCEL FOR FUTURE MULTI -FAMILY RESIDENTIAL DEVELOPMENT SOUTH OF DICK KELLY DRIVE, EAST OF DINAH SHORE DRIVE, AND WEST OF CORTESIA WAY, NORTH OF THE GALLERY RESIDENTIAL DEVELOPMENT CASE NOS: TT 36351 AND PP 14-170 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of December 2014, hold a duly noticed public hearing to consider the request by Ponderosa Homes II, Inc. for approval of the above noted; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; 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 approval of said request: 1. As a non -age -restricted community, the proposed development is consistent with the General Plan Medium Density Residential designation and the Medium Density/High Density Overlay and that the proposed Tentative Tract Map is consistent with the existing Planned Residential zoning designation and existing residential development in the vicinity. 2. As a non -age -restricted community, the proposed development is consistent with the goals and intent of the University Park planning area in that the development offers a diverse range of housing types at densities consistent with the plan. 3. As a non -age restricted community, the proposed development is consistent with the City's Housing Element in that 10% of the eventual apartment units will be made available as income -restricted units. In addition, the project site provides a balance of housing types that are suitable for residents across all socio-economic sectors and is compatible with surrounding non -age -restricted single-family and multi -family housing developments in the vicinity. 4. That the proposed Tentative Tract Map will not be detrimental to the public health, safety or general welfare, or 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. PLANNING COMMISSION RESOLUTION NO. 2639 As a non -age -restricted community, the proposed densities of eight units per acre for the single-family home site and 18 units per acre for the multi -family site are consistent with the General Plan Land Use Designation of Residential Medium Density of 4-10 units per acre and the High Density Overlay (R-M/R-HO) which allows up to 22 units per acre. The proposed subdivision will be consistent with the updated Housing Element of the General Plan as 10% of the multi -family site will be made available as restricted income units. The project is also within the University Park Planning Area which is a special study area intended to build on synergies created by the proximity of the California State University and University of California campuses. As such, the plan calls for a wide range of residential, commercial, resort, business park and institutional uses within the planning area. Higher residential densities are applied to accommodate a greater number of residents closer to the universities. As a non -age -restricted community, the project conforms to densities of the University Park Planning 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 subdivision have been reviewed by the Planning Department and Public Works Department for consistency with the General Plan. The lot sizes and drainage patterns meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. Internal project streets conform to City standards and are consistent with adjoining residential developments. As a non -age -restricted community, the single-family home subdivision is consistent with the General Plan Land Use Element as the housing site provides a balance of housing types suitable for residents across all socio-economic sectors and preserves neighborhood character and compatibility. However, limiting sales of the single- family homes based on age requirements would conflict with these goals and the City's General Plan. As conditioned the subdivision is consistent with the City General Plan. As a non -age -restricted community the project area is consistent with the University Park Planning Area. 3. That the site is physically suitable for the type of development. The 30.77-acre project area is located adjacent to existing single-family residential communities that have successfully constructed similar types of development. No obstacles to development of surrounding 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. That the site is physically suitable for the proposed density of development. The project area borders an existing single-family community to the south and is directly across the street from industrial developments to the north and an elementary school site to the west. The proposed density for the single-family site at eight units per acre is consistent with surrounding residential communities. In addition, the proposed density for the multi -family site is consistent with the High Density Overlay zone and provides a transition between the industrial areas to the 2 PLANNING COMMISSION RESOLUTION NO. 2639 north and the single-family developments to the south. The infrastructure, soils, and terrain serving the development will adequately support these densities. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Negative Declaration of Environmental Impact has been prepared. 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 and limited wildlife is present at the site. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 111 single-family lots are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by smaller retaining walls, which break up the need for single taller walls which may enclose private yards and impact public health. The use of retaining walls on single family lots helps to preserve private yard space and access to open space, natural light, and air. In addition, pedestrian access is provided to surrounding roadways and communities which decreases the need for vehicular traffic between adjoining communities and future elementary school. 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 proposed subdivision will be developed as a private gated residential community and will not impact any public easements as part of the subdivision. In addition, the surrounding City streets are built -out to the General Plan designated width and will provide access to the project area. 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 approve PP 14-170 and TT 36351, subject to conditions. 3 PLANNING COMMISSION RESOLUTION NO. 2639 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 2nd day of December 2014, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, and STENDELL NOES: GREENWOOD ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION ROG DASH, CHAIRPERSON 4 PLANNING COMMISSION RESOLUTION NO. 2639 CONDITIONS OF APPROVAL CASE NOS. PP 14-170 AND TT 36351 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of a portion of the project shall commence within two (2) years from the date of 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 Fire 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. 5. 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.). 6. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 7. The project shall be subject to all applicable fees at time of issuance of building permits. 8. The applicant shall install an emergency vehicle access and pedestrian gate at the project boundaries at Raphael Drive. The applicant shall submit plans for the final design of the gates to the Planning Department for approval prior to issuance of building permits for the gates. The gate shall be installed prior to issuance of a building permit for the first production home within the single-family home site. 9. The single-family development site shall comply with all recommendations provided by the City's Architectural Review Commission at their meeting on June 10, 2014, including a maximum building height of eighteen (18) feet, a minimum of six (6) inch relief on front windows, architectural details on roof vents, and design of the project's perimeter walls. 5 PLANNING COMMISSION RESOLUTION NO. 2639 10. All single-family lots shall comply with the following development standards: Front Yard: Side Yard: Street Side: Rear Yard: 15 feet 5 feet minimum 10 feet on corners 15 feet minimum All other development standards shall comply with Palm Desert Municipal Code Section 25.16.050 and 25.56, including maximum building heights which shall not exceed eighteen (18) feet for the single-family home site. 11. The applicant shall submit plans to the Planning Department for the development and use of the common area lot (Lot "E") prior to the issuance of the twenty-second (22nd) building permit for the single-family home tract. The installation of the common area improvements shall commence prior to the issuance of the fifty-fifth (55th) building permit. 12. A precise plan shall be submitted to the City's Community Development Department for the development of the eight -acre multi -family housing site. The multi -family site is permitted for a maximum building height of 40-feet and three -stories and a maximum density of twenty- two dwelling units per acre (22 du/ac). 13. The Owner of the eight -acre multi -family site shall enter into a Housing Agreement with the City to make 23 units (10% of the total units required by the General Plan) within both project sites available to moderate income households, as defined under California Health and Safety Code Section 50053, ("Restricted Income Units") at an "affordable rent," as defined in that same Section, including a reasonable utility allowance. The City shall have the option, during the term of the Housing Agreement, of requiring the Owner to rent an available Restricted Income Unit to Lower Income Households, provided that the City agrees to provide a subsidy equal to the difference between the affordable rent for the lower income household that can be charged under California Health and Safety Code Section 50053 (b)(1), (2), or (3) and the rent allowed for the moderate income household. If market rent charged by owner is less than the affordable rent calculated under California Health and Safety Section 50053 (b)(4) for a moderate income household, then the subsidy shall be equal to the difference between the market rent and the affordable rent that can be charged under California Health and Safety Code Section 50053 (b)(1), (2), or (3). The subsidy may be paid monthly, or alternatively, in a negotiated sum payable by City or its designee to Owner in a one-time amount or installments as prescribed by agreement between the City and Owner. The Housing Agreement shall be entered into prior to the approval of a Precise Plan application on the multi -family site. 14. Consistent with the City's General Plan Land Use Element this community shall not be age - restricted. In the event that a homeowner association is formed for any or all of the parcels created by this tract map, the governing documents of that association shall comply with the Unruh Civil Rights Act and shall prohibit sale or rental of housing from discrimination on the basis of sex, color, race, religion, ancestry, national origin, disability, or age. 6 PLANNING COMMISSION RESOLUTION NO. 2639 DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 1. The tract map shall be submitted to the City Engineer for review and approval. 2. A Declaration of Annexation incorporating the new lots/owners into the existing Homeowners' Association and Covenants, Conditions, & Restrictions (CC&Rs) shall record concurrently with the final map, unless the existing CC&R's already accommodate such annexation, proof of which shall be submitted for the City's perusal prior to approval of the final map. 3. Waiver of access to Cortesia Way, Dick Kelly Drive, and Dinah Shore Drive shall be dedicated on the final map, except at approved ingress/egress points. 4. The applicant shall prepare and submit a complete application to apportion the existing assessment of Section 29 Improvement District, AD 2004-02. 5. Prior to City Council approval of the final tract map, the applicant shall construct or enter into a subdivision agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of the following improvements. Improvements, as specified in section 2.2.3 of the Development Agreement, shall include: a. Improvements on Dinah Shore Drive including, but not limited to, an 8' ADA compliant meandering sidewalk and deceleration lane. b. Improvements on Cortesia Way including, but not limited to, a 6' ADA compliant meandering sidewalk. c. Landscaping along Cortesia Way, Dinah Shore Drive, Dick Kelly Drive, and the existing median on Dinah Shore Drive. 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. Prior to the issuance of grading permits the applicant shall: 7. 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. 8. 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. 9. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 10. 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 7 PLANNING COMMISSION RESOLUTION NO. 2639 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. 11. 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. 12. Submit a site -specific geotechnical study. The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist. 13. 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. 14. Identify all proposed and existing utilities on the precise grading plan. 15. 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. 16. 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. FIRE DEPARTMENT: 1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 2. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a two-hour duration for single family dwellings and 4,000 GPM at 20-PSI residual operating pressure for a four-hour duration for multi -family projects. 3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family 8 PLANNING COMMISSION RESOLUTION NO. 2639 projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 5. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 6. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. 9