HomeMy WebLinkAboutRes No 27461
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PLANNING COMMISSION RESOLUTION NO. 2746
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE
CITY COUNCIL FOR APPROVAL OF A TENTATIVE PARCEL MAP TO
SUBDIVIDE A 7.7-ACRE PARCEL INTO FOUR RESIDENTIAL LOTS THAT
WILL BE PART OF STONE EAGLE DEVELOPMENT, AND A THIRD
AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE
DEVELOPMENT) LOCATED WEST OF THE PALM VALLEY STORM
CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN: 652-090-
002); AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
CASE NOS: TPM 37336 and DA 02-01 Amendment No. 3
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15'h day of January 2019, hold a duly noticed public hearing to consider the request by
Eagle 605, LLC, for a recommendation to the City Council for approval of the above -noted
project request; 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, a 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. 2015-75, in the Director of Community Development has determined that
the project will not have a negative impact on the environment and that a Mitigated Negative
Declaration can be adopted; and
WHEREAS, the proposed project conforms to the Subdivision Map Act; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in staff report, exist to justify the
recommendation to the City Council for approval of said request:
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The proposed parcel map falls within the Rural Neighborhood (R-H) designation of the
General Plan. The intent of R-H designation is to provide reasonable development
opportunities while protecting natural and scenic resources. The R-H allows for zero to
one unit per five acres. The gross project encompasses 710 acres and as proposed will
be allowed 61 total units, including the proposed four (4) lots which equates to a total
density of one dwelling per 11.5 acres of gross land. There is no specific plan for this
area.
PLANNING COMMISSION RESOLUTION NO. 2746
2. That the design or improvement of the proposed subdivision is consistent with applicable
general and specific plans.
Limiting grading and protecting natural resources are goals of both the City's R-H General
Plan Designation and the City's Hillside Planned Residential (HPR) zoning district. As
proposed, this project accomplishes two goals by reducing the overall number of units
within the Stone Eagle Development, and by designing the proposed development into
the existing terrain of the hillside such that grading is minimized. There is no specific plan
for this area.
3. That the site is physically suitable for the type of development.
The vacant property is located within the City of Palm Desert and located adjacent to the
existing Stone Eagle Development. The site has vehicle access points via Old Stone Trail.
The pads have been located to blend with the natural terrain of the property to the greatest
extent feasible. Similar sites have been successfully developed as single-family homes
as is proposed here, demonstrating that these sites are physically suitable for the
proposed development
4. That the site is physically suitable for the proposed density of development.
The proposed 7.7 acres is physically suitable for residential development with accessibility
through Stone Eagle Development and proposed access roads. Utilities are available in
the vicinity, and the small footprint of these residential units fit easily into the rugged terrain
of the hills, tucked under the elevation of adjacent ridgelines.
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 Mitigated 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 land uses and a golf course. Environmental studies performed at the site did not
identify any endangered or sensitive species. In addition, the project will pay into the
Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land.
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 parcel map and four residential 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 the street layout and open space provided throughout the subdivision.
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PLANNING COMMISSION RESOLUTION NO. 2746
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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 project will construct retention basins for the project. The parcel map
identifies the use of this area, and the applicant is responsible for the maintenance of the
retention. Surrounding perimeter City streets are built -out to the General Plan designation
and the developer will complete minor improvements along Old Stone Trail.
NOW, THEREFORE, BE IT ORDAINED 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 recommend to the City Council approval
of the project as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 15th day of January 2019, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT
NOES: PRADETTO
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2746
CONDITIONS OF APPROVAL
CASE NOS: TPM 37336 and DA 02-01 Amendment No. 3
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. That all conditions of approval as part of Development Agreement 02-01 (as amended)
shall apply to this application.
3. The applicant shall record Parcel Map 37336 within two (2) years of project approval,
unless a time extension is granted; otherwise, said approval shall become null, void and
of no effect whatsoever.
4. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved project and all Palm Desert
Municipal ordinances and state and federal statutes now in force, or which hereafter may
be in force.
5. 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.
6. A cultural resources inventory shall be completed by a qualified archeologist prior to any
development activities within the project area.
7. If the presence of cultural resources is identified in the cultural resources inventory, an
approved Native Cultural Resource Monitor shall be on site during ground disturbing
activities.
8. Should human remains be discovered during the construction of the proposed project,
the project coordinator will be subject to either the state Law regarding the discovery and
disturbance of human remains or the Tribal burial protocol. In either circumstance, all
destructive activity in the immediate vicinity shall halt and the County Coroner shall be
contacted pursuant to State Health and Safety Code 7050.5. If the remains are
determined to be of Native American origin, the Native American Heritage Commission
(NAHC) shall be contacted. The NAHC will make a determination of the Most Likely
Descendent (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
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PLANNING COMMISSION RESOLUTION NO. 2746
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9. The 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.
10. The project shall be subject to all applicable fees at the time of issuance of building
permits including, but not limited to, Art in Public Places, Multi -Species Habitat
Conservation Plan, TUMF, School Mitigation fees, and Housing Mitigation fees.
11. The applicant shall re -naturalize to the satisfaction of the Director of Community
Development any and all disturbed hillside area of the project with native landscaping
and materials to blend the project into the natural terrain.
12. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
13. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment
shall be incorporated into the planning, design, development, and operation of the
project.
14. Final landscape plans shall be submitted to the City's Department of Community
Development and the CVWD for review and approval. The landscape plan shall conform
to the landscape palate contained in 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 15- and 24-inch
box sizes.
15. The applicant shall use their best effort to obtain the necessary easement/right-of-way
for the construction of the 10-foot wide decomposed granite bike path from Calle De Los
Campesinos to Cholla Way. The applicant shall also assist the City to obtain a necessary
easement from appropriate owners by providing the City with legal description and plat
by a registered land surveyor/civil engineer.
16. Before the parcel map records, the applicant shall execute the annexation agreement
between them and Stone Eagle Development.
17. The future homes will be subject to the development standards established with
Development Agreement 02-01.
18. The applicant shall record Development Agreement 02-01 Amendment No. 3 prior to, or
concurrent with recording of the parcel map.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the parcel map:
19. The parcel map shall be submitted to the City Engineer for review and approval.
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PLANNING COMMISSION RESOLUTION NO. 2746
20. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
21. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
22. 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 PDMC and Palm Desert Ordinance Number 653.
23. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the
recordation of the parcel map.
Prior to the issuance of a grading permit:
24. The applicant shall 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.
25. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
26. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
27. The applicant shall submit a final Water Quality Management Plan (WQMP) for review
and 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 a
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.
28. Pad elevations, as shown on the tentative parcel map, are subject to review and
modification in accordance with Chapter 27 of the PDMC.
BUILDING AND SAFETY DEPARTMENT:
29. 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. Title 24 California Code of Regulations.
I. 2016 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2746
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30. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
31. An accessible access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10.
32. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
33. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to Department of Building and Safety. Pools
and Spas for public use are required to be accessible.
34. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
35. 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.
FIRE DEPARTMENT:
36. Fire Department Plan Review. 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.
37. 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.
38. 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.
39. 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.
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