HomeMy WebLinkAboutRes No 2643PLANNING COMMISSION RESOLUTION NO. 2643
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 36838 TO SUBDIVIDE
A 2.27-ACRE PARCEL INTO THREE PARCELS WITHIN CANYON VIEW
ESTATES, LOCATED AT THE SOUTHERN TERMINUS OF CANYON VIEW
DRIVE, WITHIN IRONWOOD COUNTRY CLUB
CASE NO: TPM 36838
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of January, 2015, hold a duly noticed public hearing to consider the request by
Thomas Nowlan 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
Y2 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.
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
PLANNING COMMISSION RESOLUTION NO. 2643
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 2.27 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 all three 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 two additional parcels 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 two new parcels at
this site does not create any significant 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 two additional parcels 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 conform to 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.
The creation of the new parcels at this site will not impact any existing public
easements since access to the site is through "Lot H," which was created through
Tract Map 29713. The new parcels will create a 30-foot wide driveway easement
to access the parcels. The new easement will not be impacted by structures
since the building footprints are outside of the easement boundaries. Access will
only be used by the new homeowners, which will not impact the public at large.
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PLANNING COMMISSION RESOLUTION NO. 2643
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 east, west and southern -most property lines 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 36838, 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 20th day of January 2015, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
KEN N u LL, CHAI ' PERSON
ATTEST:
LAURI AYLAIAN, SECRETARY'S
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2643
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
Coachella Valley Water District
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 36838 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 36838 will require an amendment, which will result in a
new public hearing.
7. TPM 36838 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.
9. The pad height elevations are as follows:
• Parcel 1 — 629 feet (benchmark 125 NGVD 29 datum)
• Parcel 2 — 629 feet (benchmark 125 NGVD 29 datum)
• Parcel 3 — 630 feet (benchmark 125 NGVD 29 datum)
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PLANNING COMMISSION RESOLUTION NO. 2643
DEPARTMENT OF PUBLIC WORKS:
1. Submit the Parcel Map for review and approval to the Director of Public Works.
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.
8. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for review and
approved by the City Engineer by each lot owner before the issuance of a grading
permit.
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
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PLANNING COMMISSION RESOLUTION NO. 2643
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.
3. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
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. 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.
6. 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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