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HomeMy WebLinkAboutRes No 2694PLANNING COMMISSION RESOLUTION NO. 2694 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 (CEQA), AND APPROVING THE SUBDIVISION OF A 0.42-ACRE PARCEL FOR THE CONSTRUCTION OF SIX (6) SINGLE-FAMILY HOMES LOCATED AT 45-734 HIGHWAY 74 CASE NOS: PP/CUP/EA 15-223 & TTM 37292 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 28th day of March 2017, did consider the project and recommended approval of the architectural, landscape, and site plans to the Planning Commission, subject to minor architectural changes; and WHEREAS, Planning Commission of the City of Palm Desert, California, did on the 16th day of May 2017, hold a duly noticed public hearing to consider the request by EGL Associates, for approval of the above noted; and WHEREAS, the 0.42-acre vacant parcel is located in the Multi -Family Residential (R-3) zoning district and Scenic Preservation (SP) overlay district, which allow for various housing types and densities through the Precise Plan and Conditional Use Permit process; and WHEREAS, the proposed project conforms to the development standards and maximum building heights listed in the City's Zoning Ordinance for the Multi -Family Residential zoning district; and WHEREAS, the construction of this project within this portion of the community is consistent with surrounding land uses, in that a mix of housing types and densities exist in the immediate vicinity; 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. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and qualifies as a Class 32 Categorical Exemption for the purposes of CEQA; 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 make the following findings to justify the approval of said request: Findings for Approval: 1. That the proposed map is consistent with applicable general and specific plans, as amended. PLANNING COMMISSION RESOLUTION NO. 2694 The proposed tentative tract map and single-family home development is consistent with allowed land uses and densities identified in the General Plan Land Use Designation for Town Center Neighborhoods. The General Plan allows a mix of housing types within the Town Center Neighborhood designation, including multi -family housing types and single-family homes on a small scale within walkable distance to commercial and retail activities. The project area abuts a similar single-family development to the south and multi -family development to the east. 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 proposal to subdivide this site does not require additional improvements beyond what has already been installed at the site, with the exception of a public sidewalk along Frontage Road. The development and use of the site as a six -unit single-family development is designed to, and is consistent with, the General Plan and the City's Subdivision Ordinance. The design of the units is consistent with the development standards contained in the City's 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 0.42 acres and is vacant and undeveloped. The site is suitable for use as a six -unit single-family development, similar to the abutting project to the south. Utilities including water, electrical, sewer and gas are in place and surrounding properties have successfully developed with various housing types and densities. Further division of this parcel will not change the layout of the parcel and can accommodate a residential project of this size. 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 additional parcels on this lot will not cause substantial environmental damage or injuries to fish or wildlife or their habitat since the site is surrounded by existing residential development and has no value as habitat. There are no trees, rock outcroppings, or waterways that create habitat for wildlife in the area. Creation of new parcels at this site does not create any new 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 additional parcels on Frontage Road along Highway 74 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 driveway and access to a public street, and development of these lots as single-family homes conforms to surrounding development and the development standards listed in the Zoning 2 PLANNING COMMISSION RESOLUTION NO. 2694 Ordinance. The subdivision will not create serious public health problems, as utilities are available to support the site, use of the properties for 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 property. 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 new parcels at this site will not impact any public easements in the surrounding area. 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 for the Multi -family Residential (R-3) zoning district. The design of the two-story detached single-family homes is similar to surrounding two-story residential development in the area. Adequate side and rear yard separation exists and does not limit solar access on the property or surrounding development. 8. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The purpose of the Multi -family Residential (R-3) zoning district is to provide areas suitable for residents to live in a variety of housing types at high population densities. This project conforms with the objectives of the zoning district as it provides a housing type that is similar to surrounding residential properties and expands the City's housing stock for denser housing in proximity to El Paseo. 9. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed location and development of the project at this site is similar in operation to surrounding residential uses. As designed, and as conditioned, the project will not be detrimental to the public health, safety, or welfare, as the project is designed at an adequate height, provides sufficient off-street parking, and provides for a drought -tolerant landscape design that, in combination with the building architecture, adds aesthetic character to the surrounding properties. 10.That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 3 PLANNING COMMISSION RESOLUTION NO. 2694 The proposed development complies with all provisions of P.D.M.C. Section 25.72.050 "Conditional Use Permit," including the development standards of the zoning district. No exceptions, variances, or adjustments apply to this project. 11.That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. The proposed development complies with the goals and objectives of the City's General Plan, in that it provides a diverse range of housing options in this portion of the City, while also preserving the character of the surrounding residential community. 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 Precise Plan and Conditional Use Permit 15-223 and Tentative Tract Map 37292, subject to conditions attached. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 16t day of May 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT NOES: NONE ABSENT: PRADETTO ABSTAIN: NONE ATTEST: NANCY DUNA, CHAIRPERSON RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2694 CONDITIONS OF APPROVAL CASE NO. PP/CUP/EA 15-223 & TTM 37292 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. Recordation of the Tentative Tract Map and construction of said project shall commence within two years 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. 3. Any proposed changes to this Precise Plan will require an amendment to the application, which will result in a new public hearing. 4. The applicant shall comply with the Conditions adopted by the Architectural Review Commission, and as listed on the Notice of Action dated March 31, 2017. 5. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting Ordinance. 6. The applicant shall install a sidewalk along Frontage Road that is similar in width to adjoining sidewalks to the south and north. All sidewalk plans shall be approved by the Department of Public Works. 7. Block walls shall have a stucco finish compatible with the architecture of the homes. Wall plans and finishes shall be shown on the final plans and reviewed by the City's Architectural Review Commission. 8. Final landscape plans shall be submitted to the City's Department of Community Development and the Coachella Valley Water District for review and approval. The landscape plans shall conform to the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and trees shall be a minimum of 24-inch box sizes. Department of Public Works: 9. The tract map shall be submitted to the Director of Public Works for review and approval prior to recordation of the map. 10. The applicant shall submit Covenants, Conditions, & Restrictions (CC&Rs) concurrently with the final map for review and approval. Once approved by the City, the CC&Rs shall be recorded with the County Recorder's Office. 11. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 12. Drainage fees shall be paid in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 5 PLANNING COMMISSION RESOLUTION NO. 2694 13. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall be paid prior to the recordation of the tract map. Prior to the issuance of grading permits the applicant shall: 14. 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. 15. 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. 16. Identify all proposed and existing utilities on the precise grading plan. 17. 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. 18. 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. Department of Building and Safety: 19. This project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code H. 2016 California Administrative Code. I. 2016 California Fire Code and its appendices and standards. 20. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 21. 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. 22. 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. 23. 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 the street, height from grade, height 6 PLANNING COMMISSION RESOLUTION NO. 2694 from the 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. 24. Please contact Cherie Williams, Permit Specialists II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. 25. Local School District "Square Footage Verification Forms" will be required before permit issuance. For questions regarding applicable school fees, please contact the Desert Sands Unified School District at (760) 771-8515. 26. Transportation Uniform Mitigation Fees (TUMF) will apply for this project. Please consult Cherie Williams, Permit Specialist II, within the Department of Building and Safety for further information. Fire Department: 27. The project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 28. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 29. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 7