HomeMy WebLinkAboutRes 2021-34RESOLUTION NO. 2021-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONSIDERATION TO APPROVE TENTATIVE TRACT MAP
37993 AND A PRECISE PLAN FOR THE SUBDIVISION OF 23.4 VACANT
ACRES INTO 63 SINGLE-FAMILY RESIDENTIAL DETACHED LOTS
LOCATED AT THE INTERSECTION OF JULIE DRIVE AND SHEPHERD
LANE; AND ADOPTION OF AN ADDENDUM TO THE PALM DESERT
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (SCH NO.
2015081020) IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
CASE NOS: PP 21-0001 and TTM 37993
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day
of June 2021, hold a duly noticed public hearing to consider the request by GHA Montage
P.D., LLC, for approval of the above -noted project request: and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4tr day of May 2021, hold a duly noticed public hearing to consider the request by GHA
Montage P.D., LLC, for a recommendation to the City Council for approval of the above -noted
project request; and
WHEREAS, according to the 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 CEQA," Resolution No. 2019-41, the City of Palm Desert (City), in its capacity as the
Lead Agency for this project under the CEQA, finds that the proposed project is in accordance
with the CEQA. The project completed an Addendum to the Palm Desert General Plan
Environmental Impact Report (SCH No. 2015081020), and this Addendum analyzes the
proposed General Plan Amendment (GPA) and the project entitlement applications and
demonstrates that all potential environmental impacts associated with the proposed project
at buildout would be within the impacts already evaluated in the approved EIR; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did find
the following facts and reasons to exist for approval of said request:
RESOLUTION NO. 2021-34
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The proposed project of 63-single-family homes on 23.4 acres is consistent with the
proposed General Plan Designation Conventional Suburban Neighborhood density
allowing three to eight dwelling units per acre. The proposed density is also in keeping
with the surrounding developments/neighborhoods.
The General Plan Land Use Element Residential Goal 1 proposes that "The City provide
a balanced range of housing types, densities that accommodate existing and future
residents across all socio-economic sectors of the community." Goal 2 proposes "A
diverse resort residential community of desirable residential neighborhoods." The General
Plan Land Use Element Residential Policy 5 states, "The City shall consistently apply
principles of land use compatibility optimizing the ability of proposed development to
complement adjoining planned and existing land uses".
Land uses within the surrounding area are compatible with the proposed use, and
maintain the same General Plan designations of Conventional Suburban Neighborhood.
Furthermore, the project does not physically divide an existing community and does not
conflict with any applicable land use plan, policy, or regulation outlined in the General
Plan.
2. That the design or improvement of the proposed subdivision is consistent with applicable
general and specific plans.
The Development Services Department, Economic Development, Fire Department and
Public Works Department have reviewed the design and improvements of the proposed
subdivision for consistency with the General Plan and emergency services. The street
and utility improvements, circulation patterns, and drainage improvements meet all
requirements of the General Plan. All existing perimeter streets are in conformance with
the General Plan and minor roadwork along Julie Drive is needed. All internal project
streets that serve Tentative Tract Map 37993 (TTM 37993) conform to City standards and
are consistent with adjoining residential developments. There are no specific plans for
the property.
3. That the site is physically suitable for the type of development.
The 23.4 acres is suitable for the development proposed. No environmental or traffic
concerns were identified that would indicate that development in this area would be
unsuitable. In addition, existing residential developments have successfully constructed
similar types of development in the immediate vicinity. No obstacles to the development
of surrounding subdivisions were experienced and, due to the proximity and similarity of
the proposed development, it is reasonable to conclude that the site is physically suitable
for it. The property is suitable for the proposed development as conditioned.
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RESOLUTION NO. 2021-34
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4. That the site is physically suitable for the proposed density of development.
As proposed, the site layout and density are consistent with the surrounding
developments. The property allows for the proposed 2.7 dwelling units per acre, subject
to a General Plan Amendment to Conventional Suburban Neighborhood. Directly to the
north and south are existing neighborhoods with a similar density and are designated
Conventional Suburban Neighborhood within the General Plan. These existing
developments also maintain similar lot sizes to the proposed project ranging from 7,000
to 11,000 square feet. These developments are geared to attract first-time homebuyers
and families.
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, the project completed an Addendum to the Palm Desert General
Plan Environmental Impact Report (SCH No. 2015081020). The Addendum analyzes the
proposed General Plan Amendment and the project entitlement applications and
demonstrates that all potential environmental impacts associated with the proposed
project at buildout would be within the impacts already evaluated in the approved EIR.
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. 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 63 single-family homes comply 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.
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 a retention drainage basin located within the project
boundaries. The tract map identifies the use of these areas and will record an easement
for drainage purposes. in addition, the applicant is responsible for the maintenance of the
retention basins outlined in the conditions of approval. Surrounding perimeter City streets
are built out to the General Plan designation.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1 That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That the City Council does hereby approve the project as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held an the 10th day of June 2021, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
) ti&1114
M. GLOR 'A SAHEZ, ACTING'CITY CLERK
CITY OF PALLiM DESERT,/CALIFORNIA
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1.a
KATHLEEN KELLY, MArf
RESOLUTION NO. 2021-34
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CONDITIONS OF APPROVAL
CASE NOS: PP 21-0001 and TTM 37993
LAND DEVELOPMENT DIVISION (PLANNING/ENGINEERINGI:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The applicant shall record Tract Map 37993 within two (2) years of project approval.
3. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
4. Construction of said project shall commence as outlined with the Disposition and
Development Agreement 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.
5. 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.
6. 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:
Building & Safety Division
Public Works Department
Fire Department
Coachella Valley Water District (CVWD)
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.
7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action, or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
8. A qualified archeologist shall complete a cultural resources inventory prior to any
development activities within the project area.
9. 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,
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10. Should human remains be discovered during the construction of the proposed project,
the project coordinator would 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 according 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
Descendant (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
11. Public Works Department shall review and approve all sidewalk plans.
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 property shall be maintained in accordance with landscape maintenance
requirements contained in the Palm Desert Municipal Code.
14. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
DEPARTMENT OF PUBLIC WORKS:
15. The tract map shall be submitted to the City Engineer for review and approval.
16. Horizontal control requirements shall apply to this map, including state plane coordinates,
which shall conform to City of Palm Desert specifications.
17. The applicant shall submit Covenants, Conditions, and 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.
18. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project or the
recordation of the tract map.
19. Drainage fees in accordance with PDMC Section 26.49 and Ordinance number 653 shall
be paid prior to recordation of the tract map.
20. Park fees in accordance with PDMC 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:
21. 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.
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22. Identify all proposed and existing utilities on the precise grading plan.
23. Drainage shall be retained within the boundary of TTM 37993.
24. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
25. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
26. 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. Prior to the issuance of the 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.
27. 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 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.
28. 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.
29. The applicant shall construct or enter into an agreement and post security, in a form and
amount acceptable to the City Engineer, guaranteeing the construction of off -site
improvements. Improvements shall be in accordance with the agreement. Improvements
include but are not limited to:
A. The construction of Julie Lane including an 8' sidewalk and terminating in a cul-de-
sac.
B. The construction of a landscaped median on Julie Lane. The median shall be
maintained by the developer.
BUILDING AND SAFETY DIVISION:
30. This project shall comply with the latest adopted edition of the following codes:
A. 2019 California Building Code and its appendices andstandards.
B. 2019 California Plumbing Code and its appendices and standards.
C. 2019 California Mechanical Code and its appendices and standards.
D. 2019 California Electrical Code.
E. 2019 California Energy Code.
F. 2019 California Green Building Standards Code
G. 2019 California Administrative Code.
H. 2019 California Fire Code and its appendices and standards
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RESOLUTION NO. 2021-34
31. Provide building height and area analysis to determine compliance with CBC Section 503.
Justify any area increases to height and area as permitted per CBC Sections 504 and 506.
32. Provide a complete set of scaled or fully dimensioned elevations to determine the number of
stories for the proposed project. CBC Section 503 (Definition of "Grade Plan" "Story" and
"Story above grade plane"),
33. Submit an exit plan that labels and clearly shows compliance with all required egress features
such as, but not limited to, common path of travel, required number of exits and separation,
occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1.
34. An approved automatic fire sprinkler system shall be installed as required per the City of Palm
Desert Code Adoption Ordinance 1351.
35. A disabled 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
2016 CBC Chapters 11A & B (as applicable) and Chapter 10.
36. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
37. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B-
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.
38. 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.
39. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
40. Address numerals shall comply with Palm Desert Ordinance No. 1351 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1351 regarding street address location,
dimension, stroke of line, distance from the 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 budding
address unreadable shall be addressed during the plan review process. You may request a
copy of Ordinance 1351 or Municipal Code Section 15.28 from the Department of Building
and Safety counter staff.
41. Please contact Tameca Williams, Management Specialists f1, at the Permit Center (760-776-
6420) regarding the addressing of all buildings and/or suites.
FIRE DEPARTMENT:
42. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water
system shall be submitted to the fire department for review and approval. The water
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system shall be capable of delivering the required fire flow. Fire hydrant(s) location and
spacing shall comply with the fire code. An approved water supply for fire protection
during construction shall be made available prior to the arrival of combustible materials
on site. Reference 2016 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.
43. Fire Department Access: Prior to building permit issuance, approved vehicle access,
either permanent or temporary, shall be provided during construction Ref. CFC 503.1.1,
3310.1, and 503.2.1.
44. Requests for installation of traffic calming designs/devices on fire apparatus access
roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC
503.4.1.
45. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-
family dwellings per the California Residential Code (CRC). Plans must be submitted to
the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC
313.2.
46. Gate Access: Electric gate operators shall be provided with Knox key switches. Electric
gate operators shall also be connected to a remote signal receiver compatible for use
with the preemption devices on the Riverside County fire apparatus. The gate shall
automatically open upon receiving a remote signal from the fire apparatus and remain in
the fully open position for a minimum of 30 seconds. Ref. CFC 506.1.
47. Addressing: All residential dwellings shall display street numbers in a prominent location
on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the
Fire Marshal Standard No. 07-01.
48. These conditions are preliminary and further review will occur upon receipt of
construction plans. Additional requirements may be required based upon the adopted
codes at the time of submittal.
END OF CONDITIONS OF APPROVAL
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