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HomeMy WebLinkAboutA. Case Nos. TT 34943, DA 02-01 Amendment #3, ZOA 09-494 - Eagle 6.5 LLC CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Recommendation of approval to the City Council of a Tentative Tract Map with associated CEQA addendum to the SEIR for Stone Eagle, third amendment to Development Agreement 02-01 (Stone Eagle Development), and Zoning Ordinance Amendment to revise the Hillside Planned Residential Zone Ridgeline Map, which will allow the subdivision of 7.7 acres into six residential lots. Subject property is located west of the Palm Valley Storm Channel at the termination of Old Stone Trail (APN: 652-090-002). SUBMITTED BY: Ryan Stendell, Senior Management Analyst APPLICANT: Eagle 6.5, LLC, do Ted Lennon 74001 Reserve Drive Indian Wells, CA 92210 CASE NO: TT 34943, DA 02-01 Amendment#3, and ZOA 09-494 DATE: December 15, 2009 CONTENTS: Draft Resolution Copy of Legal Notice Plans & Exhibits Recommendation That the Planning Commission adopt the findings and Planning Commission Resolution No. , approving a recommendation to the City Council of TT 34943, Amendment #3 to DA 02-01, and Zoning Ordinance Amendment 09-494 to revise the Hillside Planned Residential Zone Ridgeline Map, including an Addendum to the SEIR allowing the subdivision of 7.7 acres into 6 residential lots, subject to attached conditions. Executive Summary Approval of the staff recommendation would recommend approval to the City Council of a Tentative Tract Map, amendments to Development Agreement 02-01 (Stone Eagle Development), and a Zoning Ordinance Amendment which revises the approved Hillside Planned Residential Zone Ridgeline Map to allow the subdivision of 7.7 acres into six residential lots within the Hillside Planned Residential Zone. If approved, the six residential lots would be incorporated into the Stone Eagle Development. Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 2 of 9 Background A. Property Description: The subject property is located west of the Palm Valley Storm Channel at the southern termination of Old Stone Trail. The property is currently vacant with a zoning designation of Hillside Planned Residential. The 7.7 acres is at the base of the mountains, and includes one main ridge and several outcroppings and rock formations. The terrain of the property is generally higher on the hills than the previous phases of Stone Eagle. B. Hillside Planned Residential (HPR) Zone: The HPR Zone was amended in April of 2007 and includes the following Development Standards: Density: Each lot shall be limited to a maximum of one unit per five acres. Building Pad Area: The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. Access Road: Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Maximum Dwelling Size: Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. Ridgeline Development; Development on or across ridges is prohibited. C. Adjacent Zoning and Land Use: North: Hillside Planned Residential / Stone Eagle South: Hillside Planned Residential /Vacant East: Planned Residential / Sommerset Community West: Hillside Planned Residential / Vacant D. Stone Eagle Development: On October 24, 2002, the City Council approved a series of applications and a development agreement for a project known as "The Crest" and now known as "Stone Eagle". Stone Eagle is an exclusive gated residential community with 46 single-family lots, a 15,000 square foot clubhouse, and an 18-hole golf course located west of Highway 74 with an access road across the Palm Valley Storm Channel opposite of Homestead Road. The project is zoned Hillside Planned Residential (HPR) and the development standards are as approved. G:\Planning\Ryan Stendell\Word Data\TT-34943-DA-02-0I-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 3of9 The originally approved Development Agreement allowed for 61 total residential dwelling units on the site. The agreement also allowed the developer, if they chose, to sell units as fractional ownership with up to a 1/4 share. Since the original approval of the agreement there have been two amendments. Amendments are as follows: Amendment #1: Approved in September of 2007, this amendment allowed the developer to sell 20 homes within Stone Eagle with up to nine fractional interests. In exchange Stone Eagle agreed to designate the remaining 41 units as single ownership. Amendment #2: Approved in March of 2008, this amendment allowed the developer to increase the roof height of 19 residential units within Stone Eagle to twenty five feet, two inches. Project Description The proposed Tentative Tract Map and associated applications would allow the developer to subdivide 7.7 acres within the Hillside Planned Residential Zone into six residential lots and incorporate them into the Stone Eagle Development. The proposed lots range in size between 7,673 square feet to 12,843 square feet. There are no homes being proposed on the property at this time. Stone Eagle anticipates selling these lots as custom estate lots. Homes would be designed independent of each other, but would conform to the approved design guidelines to ensure continuity. The developer has tailored this application as an amendment to the approved development agreement, which would essentially annex this property into the Stone Eagle Development. Staff believes that there are intrinsically two ways to analyze this application, one by using the current approach of this application, and one which would be the strict and literal interpretation of the HPR Zone. Staff will discuss this further in following sections of this report. Site Plan: Access: Access to this site is through the main entrance of Stone Eagle via Old Stone Trail. Old Stone Trail currently dead ends at the northern boundary of this project. The Tentative Tract Map proposes access to the site on the eastern boundary by extending Old Stone Trail (see following map). G\Planning\Ryan Stendell\Word Data\TT-34943-DA-02-01-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 4 of 9 ten. '`I \ a4 t . J r00 , , ,,.....„. _„„ ,,„,,,::, ___ ...4i. 1 .., _ ,_ „., . t " 1 1l 1 'LOT 3 . ii •iiihk -...- , OT 1 , iV' '°" aT ,4 . +, �DT4 � ' A ,;* I . ` J5viik \s, ,-.s .), g 1 : ,y OT 5 . 1r l r / 'i -,- , , / l` i cir Ridgeline Development: According to the approved Hillside Planned Residential Zone's Ridgeline Map, several of the proposed pads intersect ridgelines. During the initial pre-application meetings staff alerted the developer of this issue. The developer contends that the City's 1 Ridgeline Map is inaccurate and has proposed what they believe to be the true ridgelines. At the request of the project team, staff walked the site in an attempt to verify what is the correct ridge. After surveying the site, staff is in agreement with the developer. i The HPR Zone Ridgeline Map was created in 2007 by the City's Planning Department and Geographic Information Systems (GIS) Department. The GIS Department utilized mostly topographic data in developing the map and at the time the map was identified i as "not survey accurate." In reviewing this parcel, staff believes that we picked up many items off of the topo map that are rock outcroppings, not ridgelines. An outcropping can be defined as a rock formation that appears above the surface of the surrounding land. In this case what happened was that once several outcroppings were identified off of G:\Planning\Ryan Stendell\Word Data\TT-34943-DA-02-01-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 5 of 9 l the topo maps, staff began to connect the dots between them creating apparent ridges. However, in the field it becomes apparent that these are not ridges. Once you remove the lines between outcroppings, the proposed pads are not located on any ridges and also do not disturb any of the outcroppings. This can be illustrated by the map below and also in your large format sheets labeled "Ridgeline Exhibit." Due to the fact that the i HPR Zone Ridgeline Map is an exhibit to an ordinance, any revision requires a Zoning Ordinance Amendment. \ ` / / ((; �:• i� v /,. ; U Ji,, ‘ ‘ Proposed �`I i --> - l ti bI gea nIN C ✓- ..._j ' Pin *!'i 40\\\_ l 1 \ 'Irr I/ --\\ k A Jill ---- , 4 j � 4, / jy / aN )to� *,,,` , \, ,, - , __,,, . . ..„---__ • l f,..-,%7,44. \....,c, ( I ..„ . ,„,,, ... -Nis.: , _ r„...;-!.0.9 4:. I, ,-.4,40.Nz ., 11 ,.1_,- _,,,,0 ', )•''-'''f'2,,______,,i/ /. ., 0 c-,---T------, ,40,V.Pri.o.' ,,,''`' \ ', \\\%%ITO,16011_.,-.40 IS ..,, : „7.---' '...... .144.._— 's- V-- --';4-•'''','NA ' 1- ' s\, \ i\,)1)Ir V-'10//, ' ",„„. ' 1'( i) 11 i# it f4! 1 : '-'--- , ,s'---: ---1---<''-::'-1:\ 's i 1'I\;(‘ --\s'::s 1 I s clk! \,\\' ' 'k--‘r\,7..1:-`-,-NN\\_\_%,•_,,,/,:)/'i,''a---,11 1)1''('1 Afit/11 1 ----1-:-.-', ..-..-7-:„- ,,,_-'si.'N1 0 ( ....\ it% \)s \.......:: @,„- / I s , \ It\ 1tt„,, L vim„ tti"it ��_cm-7 ' -il., % "- : `t....:" \'' qt.1-_--7_1,t: --'-----" '', ,,,s \ , - ,j i ..e ' \\'‘'' ' (I _-!,--'-- -.1,,-/----,.. If77)),'il )1\ 1' 1/0/ _Ol 1 f ' \\,... y ', \.„.ttAu_. ii/4 I ' I ) lit 1 \i t ' 'a ',' lir____ -____:_ , / wig ) ,,,, ,,o, -----N,e -/ - i ,L),, __ ,,I )ii i ,,,, _ . ,. 1 \ i,_ ) , . y,_ , , Fil ,h, ____,..__________ _ /, . ,i, A / ��/ - :' 1T\ .i ti ( ram-- e (/ ,/ ( ) Ai,._. j// G:\Planning\Ryan Stendell\Word Data\TT-34943-DA-02-01-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 6 of 9 Density: Density is arguably the most complex portion of this project. As such staff will attempt to explain this application in two scenarios: Allowed by expansion of Development Agreement 02-01; and Allowed under the HPR zone. Allowed by Expansion of Development Agreement 02-01: The proposal by the applicant is to subdivide a 7.7-acre parcel into six residential lots. The originally approved Development Agreement for Stone Eagle allowed for 61 total dwelling units; however, only 46 were actually constructed. The applicant proposes to use six additional units from the balance of 15 that were leftover from the Development Agreement by annexing this land into the Stone Eagle Development. Whenever an amendment to a development agreement is proposed, it should be mutually beneficial. That said, during initial meetings the applicant indicated an area they might be able to sacrifice was in the allowable number of units for the project in return for granting approval of these six lots. The proposal for six new lots would reduce the balance of 15 units to a total of nine remaining units if approved. Staff has indicated to the developer that in order to gain our recommendation for approval, they would have to give up all of the remaining nine units. Stone Eagle is willing to forgo some units. However, they would like to keep three to four units to develop in the vicinity of the clubhouse once it is built. After many discussions, staff continues to recommend elimination of the remaining nine units in exchange for the proposed six lots. The applicant indicates they are prepared to address the Planning Commission with a request to keep a couple of units. From a density perspective, the original Stone Eagle project occupied 703 acres. Sixty- One (61) units on 703 acres equates to a density of one dwelling unit per 11.5 acres. If the 7.7 acres of proposed land is added to the development and the unit count is reduced to 52, the total density actually goes down to one dwelling unit per 13.6 acres. If approved, this proposal reduces the amount of development within the lower hillsides of Cahuilla Hills, but allows six lots in slightly more mountainous terrain. Allowed Under the HPR Zone: The HPR zone allows for one unit per five acres of land. The 7.7 acres of land would be entitled to one unit if was being developed as a standalone project. Section 25.15.030 (D) allows property owners to apply for exceptions to the density standard, however staff generally discourages these types of exceptions as they are inconsistent with the long range vision for minimizing development on the hillsides. G:`,Planning\Ryan Stendell\Word Data\TT-34943-DA-02-O I-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 7 of 9 Public Works Condition #16 (Bike Path): During the initial planning of Stone Eagle Development there were discussions regarding the accommodation of a bicycle / golf cart path along the access roads adjacent to the Palm Valley Storm Channel. Due to the fact that no plan existed at the time for this path, Stone Eagle was conditioned loosely to accommodate the future path. There has been no movement on this path since that time. Both the Planning and Public Works Departments believe this to be an opportune time to further develop this plan. Condition #16 of the Public Works Department requires the applicant to install a 10' wide decomposed granite multi use path along the east side of the Palm Valley Channel and aid the City in acquiring the easement from CVWD. The applicant has created a Bike Path Plan which is included in the exhibits. Analysis Project Data: STANDARD I HPR ZONE I ALLOWED W/ DA PROJECT 02-01 Coverage 40% * Not limited under No change from DA DA 02-01 02-01 Height as approved 20' 20' Front Setback as approved 15' 15' Rear Setback as approved 10' 10' Side Setbacks as approved 5' 5' Requires Addressed as Required as Landscaping mitigation measure mitigation measures renaturalization in EIR of EIR * based on the HPR Zone allowable 10,000 sq. ft. pad and 4,000 sq. ft. dwelling. Findings for Approval: 1. That the proposed map is consistent with applicable general and specific plans. • The proposed tract map falls within the Residential Hillside Reserve (R-HR) designation of the General Plan. The intent of R-HR designation is to provide reasonable development opportunities while protecting natural and scenic resources. The R-HR allows for zero to one unit per five acres. The gross project encompasses 710 acres and as proposed will be allowed 52 total units, which equates Gd:Planning\Ryan Stendell`:Word Data':TT-34943-DA-02-01-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 8 of 9 to a total density of one dwelling per 13 acres of gross land. There is no specific plan for this area. 2. That the design or improvements of the proposed map are consistent with the applicable general and specific plans. • Limiting grading and protecting natural resources is a goal of both the City's R-HR General Plan Designation and the City's HPR Zone. As proposed, this project would accomplish that goal by reducing the overall density of the Stone Eagle Development from 61 units to the proposed 52 units. There is no specific plan for this area. 3. 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 logical 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. The site is physically suitable for residential development. • The proposed 7.7 acres is physically suitable for residential development via access from Stone Eagle 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. 5. That the design of the tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The subject property has been subjected to a Biological Assessment and Impact Analysis, and has been found to have less than significant environmental impacts. The proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the tract or type of improvements is not likely to cause serious public health problems. G:\Planning\.Ryan Stendell`.Word Data.TT-34943-DA-02-01-PC-RPT.DOC Staff Report TT 34943, DA 02-01 Amendment#3, & ZOA 09-494 December 15, 2009 Page 9 of 9 • The design of the tract map is consistent with all provisions of the zoning ordinance. Any development on the proposed parcels is subject to applicable City development standards and the California Uniform Building Code. 7. That the design of the subdivision or the type of improvements will not conflict with easements, aquired by the public at large, for access through or use of property within the proposed subdivision. • The proposed subdivision of 7.7 acres does not interfere with any public easements. Conclusion As proposed, the project can be approved through a Tentative Tract Map, Amendment to the Development Agreement and a Zoning Ordinance Amendment. If approved, Stone Eagle would be allowed to create six new lots within the hillside, but would agree to waive the right to any future dwelling units (as staff proposes) and would aid the City in creating a multi-use path along the Palm Valley Storm Channel. Staff believes that the density reduction and willingness to work with the City on the multi-use trail provides a fair compromise with Stone Eagle. Staff recommends that the Planning Commission recommend to the City Council approval of this project. Environmental Review Stone Eagle prepared an Initial Study and Mitigated Negative Declaration (MND) and a Subsequent Environmental Impact Report (SEIR) which was approved by the City of Palm Desert in October of 2002. . This project presents an amendment to the original approved Stone Eagle project and is within the overall development thresholds set by the original approval. Its potential physical impacts on the environment are comparable to those identified for the original project and can be reduced to less than significant levels through the application of the Conditions of Approval and mitigation measures set forth in the certified SEIR. Staff has prepared an addendum to the SEIR in accordance with the requirements of CEQA. A project specific Water Quality Management Plan (WQMP) has been prepared in accordance with sections 24.20 & 26.49.060 of the Palm Desert Municipal Code and is on file with the City's Planning Department. Submitted By: Department Head: ��" Ryan Stendell Lauri Aylaian Senior Management Analyst Director of Community Development Gi,Planning\Ryan Stendell`.Word Data\TT-34943-DA-02-01-PC-RPT.DOC PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 34943 WITH ASSOCIATED CEQA ADDENDUM TO THE SEIR FOR THE STONE EAGLE PROJECT, THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01, A AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL ZONE RIDGELINE MAP, WHICH ALLOWS 7.7-ACRES TO BE SUBDIVIDED INTO SIX (6) RESIDENTIAL LOTS. CASE NOS. TT 34949, DA 02-01 AMENDMMENT #3 AND ZOA 09-494 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th of December, 2009, hold a duly noticed public hearing to consider the request of EAGLE 6.5, LLC; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that the proposed additional property is within the development thresholds set by the original Stone Eagle SEIR and an addendum to the SEIR has been prepared in accordance with the requirements 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 find the following facts and reasons to exist to justify recommending to the City Council approval of Tentative Tract Map 34943, Development Agreement 02- 01 Amendment #3, and ZOA 09-494: 1. That the proposed map is consistent with applicable general and specific plans. • The proposed tract map falls within the Residential Hillside Reserve (R-HR) designation of the General Plan. The intent of R-HR designation is to provide reasonable development opportunities while protecting natural and scenic resources. The R-HR allows for zero to one unit per five acres. The gross project encompasses 710 acres and as proposed will be allowed 52 total units, which equates to a total density of one dwelling per 13 acres of gross land. There is no specific plan for this area. 2. That the design or improvements of the proposed map are consistent with the applicable general and specific plans. PLANNING COMMISSION RESOLUTION NO. • Limiting grading and protecting natural resources is a goal of both the City's R-HR General Plan Designation and the City's HPR Zone. As proposed, this project would accomplish that goal by reducing the overall number of units within the Stone Eagle Development from 61 units to the proposed 52 units. There is no specific plan for this area. 3. 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 logical 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. The site is physically suitable for residential development. • The proposed 7.7 acres is physically suitable for residential development via access from Stone Eagle 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. 5. That the design of the tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The subject property has been subjected to a Biological Assessment and Impact Analysis, and has been found to have less than significant environmental impacts. The proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the tract or type of improvements is not likely to cause serious public health problems. • The design of the tract map is consistent with all provisions of the zoning ordinance. Any development on the proposed parcels is subject to applicable City development standards and the California Uniform Building Code. 2 PLANNING COMMISSION RESOLUTION NO. 7. That the design of the subdivision or the type of improvements will not conflict with easements, aquired by the public at large, for access through or use of property within the proposed subdivision. • The proposed subdivision of 7.7 acres does not interfere with any public easements. 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 Commission in this case. 2. That approval of Tentative Tract Map 34943 with associated CEQA Addendum as shown in Exhibit "A", Development Agreement 02-01 Amendment #3, and ZOA 09-494 as described in Exhibit "B" (Ridgeline Map Revision) are hereby recommended to the City Council, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of December, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. TT 34943, DA 02-01 AMENDMENT #3 AND ZOA 09-494 Department of Community Development 1. That all conditions of approval imposed on the original Tentative Tract Map 30438 and Development Agreement 02-01 (as amended) shall apply to this application. 2. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 3. Construction of said project shall commence within one (1) year 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. 4. 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: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Multi Species Habitat Conservation Plan, TUMF, School Mitigation and Housing Mitigation fees. 6. The applicant shall re-naturalize any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 7. All conditions of approval shall be recorded before any permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 4 PLANNING COMMISSION RESOLUTION NO. Department of Public Works GENERAL REQUIREMENTS 1 . Landscape maintenance of any common areas and property frontages shall be provided by a homeowners association and or property owner, shall be water efficient in nature and in accordance with the City of Palm Desert Landscape Design Standards. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify; (a) the applicant shall oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping Plans shall be submitted for review simultaneously with grading plans. 2. CC&R's should be submitted for review with the final map and recorded with the final map. 3. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 4. The maintenance of any retention areas shall be by the homeowners association and stipulated in the CC&R's. BONDS AND FEES 5. Drainage fees, in accordance with section 26.49 of the Palm Desert Municipal Code shall be paid prior to the recordation of the final map. 6. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 7. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 8. A standard inspection fee shall be paid prior to issuance of grading permits. 9. Grading Bonds are required. 10. Bond shall be posted for public improvements. 5 PLANNING COMMISSION RESOLUTION NO. DESIGN REQUIREMENTS 11. Storm drain 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 prior to start of construction. Project is required to retain on-site the increase in flows for a 100 year storm. 12. Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 13. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as-built" plans submitted to the department of Public Works prior to project final. Utility plans shall be submitted to the Public Works Department for improvements in the public right of way prior to issuance of any permits. 14. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 15. Pad elevations are subject to review and modification in accordance with Chapter 26 and 27 of the Palm Desert Municipal Code. 16. Drainage facilities shall be provided to the specifications of the Director of Public Works. In addition, proposed drainage facilities/improvements that impact the Palm Valley Channel shall be subject to review and approval by CVWD. CONSTRUCTION REQUIREMENT 17. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: • Construction of 10' wide, decomposed granite bike path from Calle De Los Campesinos to Cholla Way. Assist the City to obtain necessary easement from appropriate owners by providing the City with legal description and plat by a registered land surveyor/civil engineer. • Rights-of-way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 17. No occupancy permit shall be granted until public improvements have been completed. 6 PLANNING COMMISSION RESOLUTION NO. 20. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 21. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 22. All grading shall be done under direct supervision of a registered soils engineer. 23. Provisions for the continuation of any existing access rights which may be affected by this project shall be included prior to recordation of the final map. 24. Prior to recordation of the final map and the issuance of any permits associated with this project, applicant shall provide evidence of legal access rights. 25. Further conditions may be applied when plans are submitted and reviewed for individual homes. 26. Conditions from Development Agreement 02-01, as amended, shall apply to this project. Riverside County Fire Department 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm fire flow of 1500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2- 1/2"x2-1/2", located not less than 25' nor more than 200' feet from any portion of a commercial building measured via vehicular travelway. 7 PLANNING COMMISSION RESOLUTION NO. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. All buildings shall have illuminated addresses of a size approved by the city. 7. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 8. Radius into driveways to lots 2 & 4 shall not be less than 31' inside and 52' outside. • PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" ADDENDUM TO SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SCH#: 1991021034) AND FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR TPM NO. 34943 OTHE THE CREST/STONE EAGLE GOLF CLUB AND RESIDENTIAL VILLAGE PALM DESERT, CALIFORNIA BACKGROUND The CREST/STONE EAGLE GOLF CLUB AND RESIDENTIAL VILLAGE Project (the "Project" and including GPA 02-01, C/Z 02-01, TT 30438, PP/CUP 02- 03 and DA 02-01) was approved by the City of Palm Desert, California on or about October 24, 2002 by the City Council. This Project provided for the amendment of General Plan land use and Zoning Map designations, subdivision of approximately 703-acres and the development of a championship golf course and associated clubhouse and amenities, and up to 61 dwelling units. The approval also established design and development standards, as well as access controls and public trail provisions. An Initial Study and Mitigated Negative Declaration ("MND") and a Subsequent Environmental Impact Report (SEIR) were prepared for the Project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Draft SEIR was circulated for public comment and approved by the Palm Desert City Council through Resolution No. 02- 135 adopted on October 24, 2002. In accordance with all Project approvals, most of the Project has'been developed but with'residential numbers/densities below those originally approved by the City. Over the course of buildout of the Crest/Stone Eagle project, the developer has reduced the number of residential units from the originally approved 61 dwellings to 52 dwellings. The developer has submitted Tentative Parcel map No. 34943 on 7.72± acres to allow the inclusion of six (6) single family residential lots and one (1) lettered lot representing streets within the subject subdivision. The subject property is located immediately south of and contiguous to the approved Project and immediately west of the Palm Valley Stormwater Channel, and will utilize the same roadway network and infrastructure. The Project will utilize and improve an existing channel maintenance easement held by the Coachella Valley Water District (CVWD) to connect the Project to the original Crest/Stone Eagle project. Development of the proposed addition to the Project will involve the southerly extension of the existing Old Stone Trail within the aforementioned CVWD channel maintenance 9 PLANNING COMMISSION RESOLUTION NO. easement. The Project will also include the grading of two access roads terminating at lots or hammerhead turn-around. The proposed residential lots will range in size from 0.79 to 2.72 acres and will provide graded development pads ranging in size from 7,673 to 12,843 square feet. The proposed Project adds to and amends the originally approved project, shall comply with all design development standards and guidelines approved by the City for the Crest/Stone Eagle project, and is materially consistent with the original Project approvals and all applicable development regulations of the City of Palm Desert, including without limitation the City's General Plan, and Zoning Ordinance and Development Agreement (as amended), as well as applicable development standards and scenic preservation overlay standards. CEQA ANALYSIS Review under the California Environmental Quality Act (CEQA) has already occurred for the Project through the certified Subsequent Environmental Impact Report. CEQA limits re- review to conditions or circumstances that arise under Public Resources Code Section 21166 and CEQA Guidelines Section 15162. These CEQA laws state no subsequent environmental document such as an EIR or negative declaration shall be prepared for a project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) substantial changes are proposed in the project which will require major revisions of the previous MND or EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND or EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND or EIR was approved as complete shows any of the following: a. The project will have one or more significant effects not discussed in the previous MND or EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous MND or EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible but the project proponents decline to adopt such measures or alternative; d. Considerably different mitigation measures or alternatives would substantially reduce one or more significant effects, but the project proponents decline to adopt such measures or alternative 10 PLANNING COMMISSION RESOLUTION NO. Where none of the conditions set forth above occur, with substantial evidence, then the lead agency may determine to prepare an Addendum to the previously adopted Mitigated Negative Declaration or Environmental Impact Report. CEQA Guidelines 15162(b) and 15164(b). Reliance upon the earlier MND or EIR is cause for the filing of a new Notice of Determination once the Project is approved accompanied by an Addendum. CEQA Guidelines 15094. Findings of Fact The Project has been evaluated to determine if there is any substantial evidence of the circumstances or conditions, which would warrant a subsequent environmental document. The existing environmental assessments, studies and reports were evaluated and compared with the Project, as were supplemental biological' and cultural resources2 reports and line-of-sight analyses. All of the potential environmental impacts studied in the Subsequent EIR were again evaluated for the proposed project and were determined to be Less Than Significant with the proper and thorough application of the mitigation measures set forth in the certified SEIR. Specific areas of potential concern are discussed below. This Project presents an amendment to the original approved Crest/Stone Eagle project and is within the overall development thresholds set by the original approval. Its potential physical impacts on the environment are comparable to those identified for the original Project and can be reduced to less than significant levels through the application of the Conditions of Approval and mitigation measures set forth in the certified SEIR. Additional limitations and development controls will further assure that impacts associated with the project area less than significant. Aesthetics Visual Resources The height, massing and scale of the proposed residences will be equal to or less than those allowed under the original approval, with homes to be limited to single story development. The certified SEIR for the Crest/Stone Eagle project includes a wide range of mitigation measures designed to mitigate potentially significant impacts to the area's visual resources. These shall be applied to the review and approval of the Project and include but are not limited to: (1) the use of building materials and colors that blend and harmonize with the surrounding ground and rocky terrain, (2) use of landscape materials from already approved plant palette, as well as rocks and boulders to re-naturalize graded slopes and for use in walls, (3) City review of detailed grading plans that minimize site disturbance the the greatest extent practicable, (4) careful City review of building plans/elevations and landscape plans prior to issuance of building permits (see Section III-I of the certified Crest SEIR), (5) all outdoor lighting shall be limited to the greatest extent practicable and shall be full shielded to preclude spillage onto adjoining lands. "Biological Assessment and Impact Analysis of the proposed Lowe Enterprises 6.5-Acre Residential Site", prepared by James W. Cornett. July 28,2006. 2 "HistoricallArchaeological Resources Survey Report-Assessors Parcel No. 652-090-002",prepared by CRM Tech.August 16,2006. 11 PLANNING COMMISSION RESOLUTION NO. Noise The certified SEIR for the Crest/Stone Eagle project includes a wide range of mitigation measures designed to mitigate potentially significant impacts to the area's noise environment. These shall be applied to the review and approval of the Project and include but are not limited to: (1) limitation on any blasting to the hours of 9:00 AM to 3:00 PM, Monday to Friday, and residents in the vicinity shall be given notice at least one day prior to blasting activities. Secondary/Emergency Access The City fire Marshall shall review the proposed subdivision and assure that adequate secondary/emergency access is provided to the proposed residences. In conclusion, the lead agency, the City of Palm Desert, in the exercise of its independent judgment, determines that this Addendum is complete and has been prepared in accordance with the requirements of CEQA. The previously certified SEIR is incorporated herein by this reference. The City determines that all mitigation measures in the SEIR remain applicable to the Project. A notice of determination shall be filed with the County Clerk upon the approval of the Project. Lauri Aylaian, Community Development Date Director, City of Palm Desert 12 PLANNING COMMISSION RESOLUTION NO. RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: Carlos Ortega 73-510 Fred Waring Drive Palm Desert, CA 92260 FOR THE BENEFIT OF THE CITY OF PALM DESERT -NO FEE- 6103 OF THE GOVT. CODE Space Above This Line For Recorder's Use Third Amendment to Development Agreement This Third Amendment to Development Agreement (this "Amendment") is made and entered into as of this day of , 2009, by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and STONE EAGLE DEVELOPMENT, LLC ("Developer") as successor-in interest to DESTINATION DEVELOPMENT CORPORATION, a California corporation ("DDC") (City and Developer are, collectively, "the Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State of California. RECITALS A. City and DDC entered into that certain Development Agreement, dated as of November 14, 2002, and recorded on March 11, 2003, as Document No. 2003- 172463, in the Official Records of Riverside County, California (the "Agreement"). The Agreement was entered into to facilitate the development of certain real property("Site")more particularly described in the Agreement. B. Subsequently, City and Developer entered into "First Amendment to the Development Agreement 02-01" dated September 27, 2007 (Riverside County Document #2007-0663645, recorded October 29, 2007), and "Second Agreement to the Development Agreement 02-01" dated March 27, 2008 (Riverside County Document#2008-0404071, recorded July 24, 2008). C. The Developer now desires to make an additional approximately 7.7± acres ("Additional Property") subject to the Agreement as amended by this Amendment. All 7.7± acres of the Additional Property are located within the City. The Additional Property is described as Tentative Tract 34943 and as shown on Exhibit A-7 attached hereto. D. The Developer does hold fee title to all of the Additional Property. E. City and Developer now desire to amend the Agreement in the manner set forth herein pursuant to Section 1000 of the Agreement. 13 PLANNING COMMISSION RESOLUTION NO. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: AGREEMENT 1. Effective Date. This Amendment shall become effective on the date which is two (2) business days after the date which is thirty (30) days after date of final adoption by the City of the ordinance approving this Amendment ("Effective Date"). From and after the Effective Date, all references to the Agreement shall automatically be deemed to mean the Agreement as amended by this Amendment. 2. Defined Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. 3. Effect on Additional Property. This amendment will bind the Additional Property upon the effect date since Developer in Recital D. indicates the ownership of fee title. In additional the Additional Property shall be subject to and bound by the Original Agreement set forth in Recital A and the First and Second Amendments set forth in Recital B. 4. Expansion of Site. From and after the Effective Date, the Site will be expanded to add thereto the Additional Property, consisting of an additional approximately 7.7± acres within the City, and thereafter the term "Site" as used in the Agreement shall be deemed to include both the original Site as defined in the Agreement as originally entered into, and the Additional Property. 5. Revised Exhibits. On the Effective Date: (i) Exhibit A-7 attached to this Amendment shall be included with Exhibit A attached to the Agreement; (ii) Exhibit C attached to this Amendment shall be substituted for the Exhibit C attached to the Agreement; and (iii) Exhibit D attached to this Amendment shall be substituted for the Exhibit D attached to the Agreement. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Agreement and this Amendment shall not be severable from Developer's interest in the Additional Property, and the provisions of the Agreement as amended by this Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation against the Additional Property of the Agreement and this Amendment, and that thereafter the benefits and burdens of the Agreement as amended by this Amendment shall bind and inure to all successors in interest to the Parties. 7. Interpretation. This Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Amendment. 8. Entire Agreement. This Amendment is executed in duplicate originals, each of which is deemed to be an original. This Amendment consists of six (6) pages and three (3) exhibits, which constitute the entire understanding of the Parties as to the matters set forth in this Amendment. 14 PLANNING COMMISSION RESOLUTION NO. 9. Status of Agreement. Except as modified by this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. 10. Amendments to Article 2, Section 201(1) Residential Development: From and after the Effective Date, Article 2, Section 201(1) shall be revised to read: "The area of the site designated for residential development on the site plan showing anticipated facilities and their locations on the site attached hereto as Exhibit C may be developed with up to fifty two (52) residential dwelling units (each, a "DU"). Notwithstanding any provisions to the contrary set forth in Chapter 25.100 of the Palm Desert Municipal Code, each of no more than twenty (20) DU may (but need not) in developer's sole discretion be sold as up to nine (9) fractional interests, each of which fractional interests shall permit the owner of such fractional interests to occupy a DU (which may or may not be the DU in which such owner has a fee interest) for a portion of each calendar year. The remaining thirty two (32) DU of the entitled fifty two (52) DU shall not exceed one (1) ownership, which is an amendment from the originally approved sixty one (61) total dwelling units." [SIGNATURES ON FOLLOWING PAGE] • 15 PLANNING COMMISSION RESOLUTION NO. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date and year first above written. "CITY" CITY OF PALM DESERT, a California Municipal Corporation Effective Date: By: (Mayor, City of Palm Desert) , 2009 Attest: City Manager Approved as to form: City Attorney "DEVELOPER" STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company Date of Submission by Developer: By: • , 2009 16 PLANNING COMMISSION RESOLUTION NO. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 17 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A-7" OF DEVELOPMENT AGREEMENT TENTATIVE TRACT MAP 34943 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: The Southeast quarter of Government Lot 2 in the Northwest quarter of Section 31, Township 5 South, Range 6 East, San Bernardino Meridian according to the official plat thereof. Excepting therefrom that portion lying North of the South line of and its Easterly extension of Tract No. 20024, in the City of Palm Desert, as shown by Map on file in Book 211, Page(s) 90 through 94, inclusive of Maps, in the Office of the County Recorder of Riverside County, California. Excepting therefrom that portion conveyed to the Coachella Valley County Water District by deed recorded August 23, 1971 as Instrument/File No. 94950 of Official Records. APN: 652-090-002 18 PLANNING COMMISSION RESOLUTION NO. $PIN' 1 GI 0 i7 ;§iArl 4 1 h _gzw_. g a, t:, .1 pP48am ! Oh : xyam92 * 1 sga Allik4 1 x Qi to N wi: ci .4 , iNgM 410, � `'s ll: !,\ ' :' ' EE Li 77-''''.1 V ° (/ t '\\.' 1 fil----c-T,.., _.;_r_ -- ,.:„C:-'2.1 ,:.r.: 1 lk Rs 1 wV 4 ]ter \ 1..,,,i., .,, 0. , t .4„ . iii,A .• _____ ____ __ . liss ; �� � . .qt,1 i .. 1. 9 ...,,,,.._ .tiroo,r filli. If lb . 1' 11710',41.P ,,,..' , ! , .......„...:._ _ . . ................. _., ..4._ ,. ...: 2 .,._j_,__4,____.„ 2, : 1 I '''. ' ‘ :4t'.47;41' ... I I 1 :.,-;:' • ii 19 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "D" OF DEVELOPMENT AGREEMENT BUILDING HEIGHTS AND SETBACKS The following development standards shall apply for TTM 34943: Minimum Building Setbacks: All custom lot setbacks will be reviewed on the individual merits of the submitted site plan. At a minimum, the following setbacks shall be maintained. Front Yard Setbacks: Fifteen (15) Feet Rear Yard Setbacks: Ten(10) Feet Interior Side Yard Setbacks: Five(5) Feet Building Heights: Residential buildings or structures shall not have a height exceeding twenty(20) feet from the approved finished pad elevation. Roof mounted equipment must be placed within said height limitations and shall be screened from view. Chimney height and other projections required by building codes will be examined on a case by case basis. Visual impacts and privacy views to or from adjacent structures will be considered. 20 '0,' 2;.1,`,•:1 1:,! ;,' :- 4 4'.71,1 „Air rot ., 4111,1 kO Y roy�p' ,it q 4� SUBJECT � ' . : �� I PROPERTY r III f �g` i _,,, n t . it 3 a t ��mot , yliv z , , i •,",Zt ea* ma.�y^^ " ol,° ., ,,, F�FSF d! w ,,��'t M 3 ' �6E . pT k �R t r a • top. 4 . j 4. s CO IBLU -DOE( / Sr 416Fizogxelllita2 4. Are 14 . 44%"4., 100, iiiiii..4414343,t fra ,, -.1111%, 1. 4.111IF 111111.16 Xi. • 01.,..TD.44 EXHIBIT B RIDGELINE REVISION tf :0,.'c ` % ZOA-09-494 ,I. P P �, . — PROPOSED �Q°�4,� -' ��� TO BE REMOVED e G.�j��:: s DATE: `tA 4,- of":" — RIDGE �wvFORMJ6° 12/2009 1 inch = 200 ffAt VICINITY MAP fi.4 - CITY Of PflII� DESERT vty, 't 73-510 FRED WARING DRIVE r PALM DESERT,CALIFORNIA 9ttOo-t57B `i TEL: 11 +fin ;r EAX:760760 341-7098;46-06 ..+ . � .i info@palm-descrr.org CITY OF PALM DESERT LEGAL NOTICE CASE NOS. DA 02-01 AMENDMENT#3,TT 34943,and ZOA 09-494 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Eagle 6.5 LLC., requesting approval of a Tentative Tract Map, third amendment to Development Agreement 02-01 including an addendum to the previously approved Environmental Impact Report, and a Zoning Ordinance Amendment to the Hillside Planned Residential Ridgeline Map, allowing the subdivision of 7.7 acres into six residential lots. City of Palm Desert Map /1// i 11 Y CALLIANDRA ST 'CHAPEL HILL RD y yy (�l-tl-iI-�i'- \ Q SOP.ERA RD I WIT I �`, z� � ] � IlllIlll� S� SKYWARD WA Y /, ' ' ? . 11 i j r ( I 15 5 I I . 1 BEL AIR RD 1 / UWI101'1' ' HOMESTEAD RD 0 m` ,_ it/4 ■ ■ � a W II kw HI' a ► A- n+ 1l A �m !. III;11 Q l lu Ilikiteiri. at CANYON LN 111111 1 THEODOR ■■r y-�r N/I I_Ji .L 1 1 t_ �I LIN 41L i��t ,s11 & /f Jr AESA WOW)._MESA VIEW DR---- .11 so. ■ ■ an i It ill % xt PM g. ►RMA!HILLS WAYS~ 111 ,,,:kill— o wit 1/ �.�,�t r".1 11k1 1,�ai \ ,1 i� •1 �"� 1. '..t t, 04 it,� 4Pr— ' +�ww''�a�r`,y�.i�'r¢per max. ,k�"y,.#�ad ... RM1R- _a < SAID public hearing will be held on Tuesday, December 15, 2009 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary December 4, 2009 Palm Desert Planning Commission .�-- CITY OF PALM DESERT i eine 4(4 PUBLIC WORKS DEPARTMENT • 0,ti Airce <r�at f INTEROFFICE MEMORANDUM 973 To: Ryan Stendell, Senior Management Analyst From: Christina Canales, Assistant Engineer Date: December 9, 2009 Subject: TTM 34943 Stone Eagle Public Works has completed the review for tentative tract map 34943. There are a few additional comments that should be added to the conditions of approval. 1. CC &R's should be submitted for review with the final map and recorded with the final map. 2. Condition number 14 should reference section 26 and 27 of the Palm Desert Municipal Code. 3. Change the sentence in condition number 16 to say "10' wide, decomposed granite bike path from Calle de los Campesinos to Cholla Way". 4. In condition number 24 substitute the word release for recordation. 5. Add condition number 27, "Prior to the issuance of the grading permit, a Water Quality Management Plan (WQMP) must be submitted to the Public Works Department for review and approval." CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Ryan Stendell FROM: Phil Joy, Associate Transportation Planner SUBJECT: TT 34943 Eagle 6.5 LLC Conditions of Approval DATE: August 15,2008 GENERAL 1. Landscaping maintenance of any common areas and property frontages shall be provided by a homeowners association and or property owner, shall be water efficient in nature and in accordance with the City of Palm Desert landscape design standards. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which declaration shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify: (a) the applicant shall oversee the formation of a property owners association; (b)the property owners association shall be formed prior to the recordation of the Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 3. The maintenance of any retention areas shall be by the homeowners association and stipulated in the CC & R's. BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to recordation of final map. 5. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7. A standard inspection fee shall be paid prior to issuance of grading permits. 8. Grading bonds are required. 9. Bonds shall be posted for public improvements. DESIGN PLANS 10. 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 prior to start of construction. Project is required to retain on-site the increase in flows for a 100 year storm. 11. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 12. Improvement plans for utility systems shall be approved by the respective provider or service districts with"as-built"plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the public works department for improvements in the public right of way prior to issuance of any permits. 13. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 14. 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. 15. Drainage facilities shall be provided to the specifications of the Director of Public Works. In addition, proposed drainage facilities/improvements that impact the Palm Valley Channel shall be subject to review and approval by CVWD REQUIRED CONSTRUCTION 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including • 10'wide concrete bikepath along the east side of Palm Valley Channel from Calle Del Los Campesinos to Cholla Way. Assist city to obtain necessary easement from appropriate owners by providing city with legal description and plat by a registered land surveyor/civil engineer. Rights-of-way necessary for the installation of the above referenced improvements shall be dedicated to the city on the map prior to the issuance of any permits associated with this project. 17. No occupancy permit shall be granted until public improvements have been completed. 18. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 19. All public and private improvements shall be inspected by the Public Works Department. 20. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 21. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 22. All grading shall be done under direct supervision of a registered soils engineer. 23. Provision for the continuation of any existing access rights which may be affected by this project shall be included prior to recordation of the final map. 24. Prior to recordation of the final map and the issuance of any permits associated with this project, applicant shall provide evidence of legal access rights. 25. Further conditions may be applied when plans are submitted and reviewed for the individual homes. 26. Conditions from Development Agreement shall apply to project. REQUIRED MAP REVISIONS 27. Correct sectional drawing of channel access road to reflect road drawn on the map, specify it is CVWD right-of-way, and provide a turn around access during interim until property to the south is developed. 28. Emergency vehicle access easement is required. 29. Utility easement is required for private streets. 30. Clearly depict and label tract boundary which is not clear. 31. Show on-site retention of storm water. 32. Cut slopes are too steep. 33. Clarify lot line separating Lot 5 and Lot A. 34. Proposed Lots 4 and 5 shall be lowered. 35. Show proposed bike path on the east side of the Palm Valley Channel. Phil Joy G:IPubWorks1Conditions of Approval\TMAPSITT 34943 Eagle 6.5 LLC.wpd CALIFORNIA RIVERSIDE DUNTY pEa„{INEPRo,,,4 7/o Y FIRE DEPARTMENT f 1RES1i (FIREk 0.0.0.10f co,,,,,... In cooperation with the California Department of Forestry and Fire Pnacel i1,n wincimmi -- - - iti % 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (609) 940-6910 Idf OEMRTNIIIT Tom Tisdale Fire Chief Cove Fire Marshal's Office 73710 Fred Waring Drive #102 Proudly serving the Palm Desert CA 92260 unincorporated areas of Riverside (760) 346-1870 County and the cities of: Banning TO: riAis,Li'lv1 // LIAv2- -Z- DATE: 3( FA, 7 ++ Beaumont Calimesa REF: V111 l `°tet 3 , Aorrtz ck i =J 1.oc`> . t. • Canyon Lake If circled, conditions apply to project Coachella With respect to the conditions of approval regarding the above Desert Hot Springs referenced project, the fire department recommends the following fire Indian Wells protection measures be provided in accordance with City Municipal Indio Code, NFPA, CFC, and CBC or any recognized Fire Protection + Standards: Lake Elsinore The Fire Department is required to set a minimum fire flow for the La•Quints remodel or construction of all buildings per UFC article 87. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual Moreno Valley pressure must be available before any combustible material is placed •:. Palm Desert on the fob site. • Provide or show there exists a water system capable of providing a Perris gpm flow of: Rancho Mirage 1500 gpm for single family dwellings 4. 4. 2500 gpm for multifamily dwellings San Jacinto 5 3000 gpm for commercial buildings Temecula The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x 2 '/z" x 2 'A", located not less than 25' nor more than: 0 200' from any portion of a single family dwelling measured via Board of Supervisors vehicular travelway 7. 165' from any portion of a multifamily dwelling measured via Bob Buster vehicular travelway District 1 8. 150' from any portion of a commercial building measured via John Tavaglione District 2 � vehicular travelway l.'.�' Water Plans must be approved by the Fire Marshal and include Jim Venable verification that the water system will produce therequired fire flow. District 3 10. Please be advised the proposed project may not be feasible since the Roy Wilson District 4 existing water mains will not meet the required lire flow. Tom Mullen District 5 11. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approved the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 12. All valves controlling the water supply for automatic sprinkler systems and Water-flow switches shall be monitored and alarmed per CBC Chapter 9. 13. Install a fire alarm system as required by the UBC Chapter 3. 14. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 15. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per CFC Chapter 76 if conducting an operation that produces airborne particles. vir 477) All buildingshall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall he provided with a minimum 45' radius turn-around 55' in industrial developments. 18. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 21. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. All buildings shall have illuminated addresses of a size approved by the city. 23. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. LConditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 25. All elevators shall be minimum gurney size. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760)346-1870 in Palm Desert. Location: 73710 Fred Waring Drive#222, Palm Desert CA 92260 Other: w-s -5, ' 01,7 s Sincerely, David A. Avila Fire Marshal vNA1'Elp Established in 1918 as a public agency Coachella Valley Water District OVSTRIO Directors: Officers: Peter Nelson, President Steven B.Robbins,General Manager-Chief Engineer Patricia A.Larson,Vice President Julia Hernandez,Secretary Tellis Codekas Mark Beuhler,Asst.General Manager John W.McFadden September 10 2008 Dan Parks,Asst.To General Manager Russell Kitahara , Redwine and Sherrill,Attorneys File: 0163.1 0421.1 0721.1 Ryan Stendell Planning Commission `p City of Palm Desert CEI 73-510 Fred Waring Drive r,_P Palm Desert, CA 92260 D$J ,. yTSERVICrt v1' Dear Mr. Stendell: F PALS Subject: Tentative Parcel Map No. 34943 This letter supercedes our letter dated March 20, 2007, and September 4, 2008. This area is designated Zone C on Federal Flood Insurance rate maps, which are in effect at this time by the Federal Emergency Management Agency (FEMA). This area lies on the mountain slopes west of Highway 74 and is not subject to flooding from stormwater flows except in rare instances. The runoff from the adjacent local drainage areas can cause serious damage to improvements. The design of interior drainage works should include provisions for solving this local drainage problem. A portion of this development lies within the right-of-way of the Palm Valley Stormwater Channel (PVSC), specifically a 24-foot access road adjacent to the channel and egress for a road and a driveway. The developer shall comply with the terms outlined in our letter of September 21, 2006, (copy enclosed) and obtain an encroachment permit for use of District right-of-way for roadway purposes. Plans for stormwater protective works/drainage mitigation shall be submitted to the District for review. District review is to insure surface drainage entering the PVSC is not increased or altered from the design conditions. The proposed outlets discharging into the PVSC are discouraged. The developer should consider preserving the design conditions for surface drainage entering the PVSC, and retaining on-site any additional drainage generated from the proposed development including the roadways. RECEIVED SEP122008 DEVELOPMENT SERVICES DEPARTMENT F PALM DESERT P.O. Box 1058 Coachella, CA 92236 Phone (760) 398-2651 Fax (760) 398-3711 www.cvwd.or. Ryan Stendell Planning Commission City of Palm Desert 2 September 10, 2008 Prior to District approval of outlets and/or altered surface drainage discharging into the PVSC, the developer will be required to pay review fees and submit detailed hydrology and hydraulics analysis supporting the improvement plans. Prior to approval of a permanent encroachment permit for outlets discharging into District facilities,the developer/applicant shall provide a letter from the land use authority for the project certifying that the project has been reviewed and determined to meet the requirements of the National Pollutant Discharge Elimination System permit and Waste Discharge Requirements for the discharge of stormwater in the Whitewater River Watershed, which is known as the MS4 Permit. This certification applies to requirements included in the Drainage Area Management Plan, Stormwater Management Plan, Stormwater Pollution Prevention Plan and Water Quality Management Plan described in the MS4 Permit and applicable to the project at the time of the application. The District requires the developer/applicant to implement control measures to the maximum extent practicable to prevent the discharge of nonstormwater generated runoff into the PVSC. The developer/applicant shall repair and maintain the outlet structure and the channel to mitigate any condition of nuisance and/or damage to the outlet structure and the channel caused by the developer/applicant's discharge of nonstormwater as determined by the District. This maintenance and repair shall include, but not be limited to outlet concrete repairs, channel bottom scour repair, slope protection repair, vegetation clearing, ponded/nuisance water removal, etc. Failure to comply with these conditions of approval may result in the District revoking the permanent encroachment permit associated with the outlet and removal or sealing of the outlet. This project lies within the Study Area Boundary of the Coachella Valley Water Management Plan (September 2002). The District will provide domestic water and sanitation service to this area and such service will be subject to the satisfaction of terms and conditions established by the District and exercised from time to time, including but not limited to fees and charges, water conservation measures, etc. The District may need additional facilities to provide for the orderly expansion of its domestic water systems. These facilities may include pipelines, wells, reservoirs, booster pumping stations and other facilities. The developer may be required to install these facilities and provide land and/or easements on which some of these facilities will be located. These sites shall be shown on the tract map as lots and/or easements to be deeded to the District for such purpose. This notice of domestic water and sanitation service availability can only be used and relied upon for the specific property for which it was issued and shall expire three (3) years from date of issuance. N�'•^hn3..... P.O. Box 1058 Coachella, CA 92236 Phone (760) 398-2651 Fax (760) 398-3711 www.cvwd.or. Ryan Stendell Planning Commission City of Palm Desert 3 September 10, 2008 Domestic water and sanitation service remains at all times subject to changes in regulations adopted by the District's Board of Directors including reductions in or suspensions of service. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. The project lies within the Upper Whitewater River Subbasin Area of Benefit. Groundwater production within the area of benefit is subject to a replenishment assessment in accordance with the State Water Code. All water wells owned or operated by an entity producing more than 25 acre-feet of water during any year must be equipped with a water-measuring device. A District Water Production Metering Agreement is required to ensure District staff regularly read and maintain this water-measuring device. If you have any questions, please call Tesfaye Demissie, Stormwater Engineer, extension 2605. Yours ver truly, Mark L. Johnson Director of Engineering cc: Ted Lennon Eagle 65, LLC 74001 Reserve Drive Indian Wells, CA 92210 Mark Abbott Riverside County Department of Public Health 38-686 El Cerrito Road Palm Desert, CA 92211 TD:ch\eng\sw\08\sept\tpm-34943-Palm Desert 050631-2 P.O. Box 1058 Coachella, CA 92236 Phone (760) 398-2651 Fax (760) 398-3711 www.cvwd.or• Original Message From: STANKEY, JOHN T (ATTMSI) [mailto:js3658@att.com] Sent: Sunday, December 13, 2009 4:25 PM To: InformationMail Subject: [NEWSENDER] - Hearing Comments - Message is from an unknown sender Re Case nos. DA 02-01 Amenment #3, TT 34943 and ZOA 09-494 City of Palm Desert, While I cannot be present for the scheduled hearing on December 15, 2009, I would like to register my comments and complaints associated with this proposed change. The EIR associated with this change explicitly detail and study the assumptions with regard to ingress and egress traffic on Old Stone Trail triggered by further development of the proposed sub-division. Careful consideration should be given no only to this development, but any further and subsequent zoning changes that may increase traffic, noise, and congestion on this small residential street. Alternative plans for ingress and egress must be considered if the City wishes to authorize further development of this, or other portions, of the adjoining ridge line. John Stankey Property Owner 48-387 Old Stone Trail 1