HomeMy WebLinkAboutCC RES 92-085RESOLUTION NO. 92-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REVERSING THE PLANNING
— COMMISSION DENIAL AND APPROVING A 161 UNIT SINGLE
FAMILY RESIDENTIAL SUBDIVISION ON 23 ACRES ON THE
NORTH SIDE OF FRED WARING DRIVE, 1400 FEET EAST OF
COOK STREET.
CASE N0. TT 27546
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 13th day of August, 1992, hold a duly noticed public hearing
to consider an appeal by STERLING PARTNERS, INC., of a Planning
Commission denial of a 161 units single family residential subdivision
on 23 acres on the north side of Fred Waring Drive, 1400 feet east of
Cook Street; 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. 80-89," in that the director
of community development has determined that the project has been
previously assessed in connection with Precise Plan 91-12 and a
Negative Declaration of Environmental Impact approved; 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 city council did find the following facts and reasons to
exist to justify approval of the proposed tract map:
_ 1. The proposed map, its desiqn, improvements, type of
development, and density are consistent with the State
Subdivision Map Act, the Palm Desert Subdivision and Zoning
Ordinance, and General Plan.
2. The design of the subdivision and required mitigation
measures insure that the praject will not result in
environmental damage, injure fish or wildlife, degrade water
quality or create public health problems.
3. The map will not conflict with public easements.
4. The map will allow unrestricted solar access to all lots.
NOW, THEREFORE, BE IT RESOLVED 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 council in this case.
2. That Tentative Tract 27546 on file in the department of
community development/planning is hereby approved, subject to
the attached conditions.
RESOLUTION NO. 92-85 �
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 13th day of August, 1992, by the -
following vote, to wit:
AYES: BENSON, CRITES, SNYDER, WILSON, KELLY
NOES: NONE
ABSENm: NONE
ABSTAIN: NONE
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RIC RD S. KELL , ayor
ATTEST:
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SHEILA . GILLIGAN, ity Cle k
City of� lm Desert, California
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RESOLUTION NO. 92-85
CONDITIONS OF RPPROVAL
CASE NO. TT 27546
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the department of community development, as
modified by the following conditions.
2. Prior to the issuance of a building permit for construction of any
uses contemplated by this approval, the applicant shall first
complete all the procedural requirements of the city which
include, but are not limited to, architectural commission and
building permit procedures.
3. Constructions of a portion of said project shall commence within
one year from the date of final approval unless a time extension
is granted, otherwise said approval shall become null, void and of
no effect whatsoever.
4. The development of the property described herein shall be subject
to the restrictions and Iimitations set forth herein which are in
addition to all municipal ordinances and stated and federal
statutes now in force, or which hereafter may be in force.
5. Prior to issuance of a building permit for construction of any use
contemplated by the approval, the applicant shall first obtain
permits and/or clearance from the following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
6. That prior to issuance of building permit the owner (developer)
provide the city with evidence that he has complied with the
required school mitigation fee program.
7. Parking area shall comply with city's adopted parking lot
landscaping standards.
8. Applicant agrees to maintain the landscaping required to be
installed pursuant to these conditions. Applicant will enter into
an agreement to maintain said landscaping for the life of the
project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors
and assigns.
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RESOLUTION NO. 92-85 �
9. Applicant shall emphasize drought resistant and water conserving
plant materials and irrigation technologies into landscape plan. -
10. Trash area shall provide for commercial and residential recycling.
11. Roof lines of rear garages along Fred Waring Drive shall not
extend higher than the six foot perimeter wall.
12. Rear garages along the boundary with Waring Place subdivision
shall be setback a minimum of five feet and shall not be higher
than eight feet.
13. Provision of agreement between Waring Place Homeowners Association
and applicant shall be considered conditions of this approval.
14. Project shall include bus shelter per Sunline recommendations.
15. All traffic mitigation measures included in the "Traffic Impact
Analysis by DKS Associates dated December 3, 1991 shall be
implemented as part of the first 40 unit phase of the project.
16. Letter submitted at March 26, 1992 city council meeting by
Sterling Partners, signed by Jerry L. Wilson, President of Waring
Place Homeowners Association, describing improvements along Fred --
Waring and Cook Street in front of Waring Place shall be
considered conditions of this approval and is attached Exhibit A.
17. The city and/or redevelopment agency or Housing Authority acting
as agent to the city or redevelopment agency shall not consider
the purchase of Palm Lake Village for the purpose of providing
low/moderate income housing without approval from the Waring Place
Homeowners Association.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid
prior to recordation of final map.
2. Storm drain 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. Improvement plans for the construction of storm
drain facilities shall be approved by the director of public works
prior to construction of those facilities.
3. 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.
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RESOLUTION NO. 92-85
_ 4. 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.
5. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement
plans and specifications shall be submitted to the director of
public works for checking approval before construction of any
improvements is commenced. Offsite improvement plans to be
approved by the public works department and a surety posted to
guarantee the installation of required offsite improvements prior
to recordation of final map. Such offsite improvements shall
include, but not be limited to, curb and gutter, asphalt paving
and concrete sidewalk in an appropriate size and configuration,
and the installation of accelerationldeceleration lanes for the
Fred Waring Drive project entry. "As-built" plans shall be
submitted to, and approved by, the director of public works prior
to the acceptance of the improvements by the city.
6. Improvement plans for water and sewer systems shall be approved by
the respective service districts with "as-built" plans submitted
to the department of public works prior to project final.
7. All public and private improvements shall be inspected by the
department of public works and a standard inspection fee shall be
paid priar to issuance of grading permits.
8. Landscaping maintenance on Fred Waring Drive shall be provided by
the property owner, homeowners association or the appropriate
successors in interest for the subject property.
9. In accordance with Palm Desert Municipal Code Section 26.44,
complete grading plans and specifications shall be submitted to
the director of public works for checking and approval prior to
issuance of any permits.
10. As required by Sections 26.32 and 26.44 of the Palm Desert
Municipal Code, and in accordance with the Circulation network of
the City's General Plan half-street right-of-way at 55 feet on
Fred Waring Drive shall be offered for dedication prior to the
approval of any offsite improvement plans associated with this
project. Private street cross-sections as shown on the
preliminary project grading plan (50' R/W-36' improvement) are
acceptable.
11. Applicant shall provide for the installation of one-half
landscaped median island in Fred Waring Drive or a cash payment
equivalent to one-half the cost of landscaped median at the option
of the director of public works.
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RESOLUTION NO. 92-85
12. Traffic safety striping shall be installed to the specifications
of the director of public works. A traffic control plan must be -"
submitted to, and approved by, the director of public works prior
to the placement of any pavement markings.
13. 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.
14. Complete tract map shall be submitted as required by ordinance to
the director of public works for checking and approval prior to
the issuance of any permits.
15. 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.
lb. 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.
17. Pad elevations as shown on the preliminary project grading plan
are subject to review and modification in accordance with Chapter
27 of the Palm Desert Municipal Code.
18. Waiver of access to Fred Waring Drive except at approved locations -
shall be granted on the final map.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above
referenced plan check the fire department recommends the following
fire protection measures be provided in accordance with City
Municipal Code, NFPA, UFC, and UBC and/or recognized Fire
Protection Standards: The fire department is required to set a
minimum fire flow for the remodel or construction of all
commercial buildings per Uniform Fire Code Sec. 10.301C.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible
material is placed on the job site.
3. Provide, or show �here exists a water system capable of providing
a potential gallon per minute 1500 for single family, 2500 for
multifamily, and 3000 for commercial. The actual fire flow
available from any one hydrant connected to any given water main
shall be 1500 gpm for two hours duration at 20 psi residual
operating pressure.
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RESOLUTION NO. 92-85
_ 4. The required fire flow shall be available from a Super hydrant(s)
(6" x 4" x 2-1/2" x 2-1/2"), located not less than 25' nor more
than 200' single family, 165' multifamily, and 150' commercial
from any portion of the building(s) as measured along approved
vehicular travelways. Hydrants installed below 3000' elevation
shall be of the "wet barrel" type.
5. A combination of on-site and off-site Super fire hydrants
(6"x4"x2-1/2"x2-1/2") will be required, located not less than 25'
or more than 200' single family, 165' multifamily, and 150'
commercial from any portion of the building(s) as measured along
approved vehicular travelways. The required fire flow shall be
available from any adjacent hydrant(s) in the system.
6. Provide written certification from the appropriate water company
having jurisdiction that hydrant(s) will be installed and will
produce the required f ire f low, or arrange f ield inspection by the
fire department prior to request for final inspection.
7. Prior to the application for a building permit, the developer
shall furnish the original and two copies of the water system plan
to the county fire department for review. No building permit
shall be issued until the water system plan has been approved by
the county fire chief. Upon approval, the orfginal will be
returned. One copy will be sent to the responsible inspecting
authority.
Plans shall conform to fire hydrant types, location and spacing,
and the system shall meet the fire flow requirements. Plans shall
be signed by a registered civil engineer and may be signed by the
local water company with the following certification: "I certify
that the design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire Department."
"System has been designed to provide a minimum gallon per minute
flow of 1500, 2500, 3000."
8. The required fire flow may be adjusted at a later point in the
permit process to reflect changes in design, construction type,
area separations, or built-in fire protection measures such as a
fully fire sprinklered building.
9. Comply with Title 24 of the California Code of Regulations,
adopted January 1, 1990, for all occupancies.
10. Child care facility. Install a complete fire sprinkler system per
NFPA 13. The post indicator valve and fire department connection
shall be located to the front, not less than 25' from the building
and within 50' of an approved hydrant. This applies to all
buildings with 5000 square feet or more building area as measured
by the building footprint, including overhangs which are
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RESOLUTION NO. 92-85 v
sprinklered per NFPA 13. The building area of additional floors
is added in for a cumulative total. Exempted are one and two �
family dwellings.
11. Child care. Install a fire alarm (water flow) as required by the
Uniform Building Code 3803 for sprinkler system. Install tamper
alarms on all supply and control valves for sprinkler systems.
12. Certain designated areas will be required to be maintained as fire
lanes and shall be clearly marked by painting and/or signs
approved by the fire marshal.
13. Child care. Install a fire alarm as required by the Uniform
Building Code and/or Uniform Fire Code. Minimum requirement is UL
central station monitoring of sprinkler system per NFPA 71 and 72.
Alarm plans are required for all UL central station monitored
systems, systems where any interior devices are required or used.
(U.F.C. 14-103(a)).
14. Install portable fire extinguishers per NFPA, Pamphlet #10, but
not less than 2AlOBC in rating. Fire extinguishers must not be
over 75' walking distance. in addition to the above, a 40BC fire
extinguisher is required for commercial kitchens.
-._.
15. Child care? Install a Hood/Duct automatic fire extinguishing
system if operating a commercial kitchen including, but not
limited to, deep fryers, grills, charbroilers or other appliances _
which produce grease laden vapors or smoke. NFPA 96, 17, 17a.
16. All buildings shall 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 be not less than 24' of
unobstructed width and 13' 6" of vertical clearance. Where
parallel parking is allowed, the roadway shall be 36' wide with
parking on both sides, 32' wide with parking on one side. Dead-
end roads in excess of 150' shall be provided with a minimum 45'
radius turn-around (55' in industrial developments). Fountains or
garden islands placed in the middle of these turn-arounds shall
not exceed a 5' radius or 10' diameter. City standards may be
more restrictive.
17. The minimum width of interior driveways for multifamily or
apartment complexes shall be:
a. 24 feet wide when serving less than 100 units, no parallel
parking, carports or garages allowed on one side only.
b. 28 feet wide when serving between 100 and 300 units; carports
or garages allowed on both sides, no parallel parking.
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RESOLUTION NO. 92-85
— c. 32 feet wide when serving over 300 units or when parallel
parking is allowed on one side.
d. 36 feet wide when parallel parking is allowed on both sides.
18. If gated, whenever access into private property is controlled
through use of gates, barriers, guard houses or similar means,
provision shall be made to facilitate access by emergency vehicles
in a manner approved by the fire department. All controlled
access devices that are power operated shall have a radio-
controlled over-ride system capable of opening the gate when
activated by a special transmitter located in emergency vehicles.
Devices shall be equipped with backup power facilities to operate
in the event of power failure. All controlled access devices that
are not power operated shall also be approved by the fire
department. Minimum opening width shall be 16' with a minimum
vertical clearance of 13'6". One "F" frequency transmitter shall
be provided to fire marshal for each gate installed.
19. A dead end single access over 500' in length will require a
secondary access, sprinklers or other mitigative measure approved
by the fire marshal. Under no circumstances shall a single dead
end access over 1300 feet be accepted. Emergency access shown,
turfblock not acceptable.
_ 20. A second access is required. This can be accomplished by two main
access points from main roadway or an emergency gated access into
an adjoining development. See note above.
21. Child care. Contact the fire department for a final inspection
prior to occupancy.
22. Child care. This project may require licensing and/or review by
State agencies. Applicant should prepare a letter of intent
detailing the proposed usage to facilitate case review. Contact
should be made with the Office of the State Fire Marshal (818-960-
6441) for an opinion and a classification of occupancy type. This
information and a copy of the letter of intent should be submitted
to the fire department so that proper requirements may be
specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
23. All new residences/dwellings are required to have illuminated
residential addresses meeting both city and fire department
approval. Shake shingle roofs are no longer permitted in the
cities of Indian Wells, Rancho Mirage or Palm Desert.
24. Commercial buildings shall have illuminated addresses of a size
approved by the city.
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RESOLUTION N0. 9Z-85
25. All fire sprinkler systems, fixed fire suppression systems and
alarm plans must be submitted separately for approval prior to -
construction. Subcontractors should contact the fire marshal's
office for submittal requirements.
26. Conditions subject to change with adoption of new codes,
ordinances, laws, or when building permits are not obtained within
twelve months.
Other:
1. The two entry islands at main entry are not acceptable to fire
equipment turn radius. Lane widths will need to be increased by
reducing size of islands or making them drivable.
City Council Condition:
1. Per Section 26.48.060 of the Subdivision Ordinance the project
shall receive credit towards required park in-lieu fees for the
construction of onsite recreational facilities and child care
center totalling $793,000.
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