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HomeMy WebLinkAboutCC RES 96-70RESOLUTION NO.96-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP CREATING 69 SINGLE FAMILY CUSTOM LOTS ON 20 ACRES, LOCATED AT THE NORTHEAST CORNER OF FRED WARING AND DEEP CANYON CASE NO. TT 28295 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of November 1996 hold a duly noticed public hearing to consider the request of DESERT SOUTHWEST DEVELOPERS for approval of the above described project; and WHEREAS, the Planning Commission recommended approval of TT 28295 by adoption of Planning Commission Resolution No. 1769; 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. 95-105," in that the Director of Community Development has determined that the project will have no adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; 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 tentative tract map: TENTATIVE TRACT MAP 1. That the proposed map is consistent with applicable general and specific plans, as amended. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. RESOLUTION NO.96-70 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. WHEREAS, in the review of this tentative tract map the City Council has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 approval of the above described Tentative Tract Map No. 28295 and Negative Declaration of Environmental Impact are hearby approved subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14 day of November , 1996, by the following vote, to wit: AYES: BENSON, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: CRITES ABSTAIN: NONE aTTi ST : /6.i- /7 SHEILA GILLIGAN, Ci ' Clerk City of Palm Desert,, California 2 RICHARD S. KEL, MAYOR RESOLUTION NO. 96_70 CONDITIONS OF APPROVAL CASE NO. TT 28295 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Recordation of the final map shall occur within 24 months from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 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 Sunline Transit Authority 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. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 6. Prior to the removal of any date palms from the site, existing pests shall be exterminated by a licensed pest control firm. 7. A six foot decorative block wall with landscaping shall be installed around the perimeter of the site as approved by the architectural review commission. 3 RESOLUTION NO.96-70 8. All utilities shall be underground. 9. There shall be a minimum of 3 feet of clearance around any equipment located on side yards. 10. 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 cf 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. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 11. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 12. The following development standards shall apply. Setbacks: Front 20 feet Rear 15 ft. Sides 14 ft. combined, 5 ft. minimum Street Side Yard 10 ft. Coverage 35 % Height 18' (1 story) 24' (2 story) 13. In no event shall two gable roof elevations be located adjacent to each other without specific architectural review commission approval. 14. Per Section 25.24.321 lots 7-10, 15-22, 27-34, and 37-44 are suitable for two-story development. 15. All homes above 15 foot in height shall receive approval by the Architecture Review Commission prior to construction. 4 RESOLUTION NO. 96-70 Department of Public Works The following should be considered conditions of approval for the above -referenced project: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall either be paid prior to recordation of the final map or issuance of project grading permits. Elements of the city's Master Drainage Plan which are contiguous to this project shall be constructed as part of this development. Associated costs shall be deducted from the off -site drainage fees. 2. Any drainage facilities construction required for this project 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. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project or the recordation of the final map. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. 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. 6. 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. 7. Any and all off -site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 8. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 9. 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 5 RESOLUTION NO. 96-70 improvements is commenced. Off -site improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required off -site improvements prior to permit issuance. 10. A11 public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of any permits associated with this project. 11. In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Fred Waring Drive shall be provided. Landscape shall be water efficient in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. 12. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided by the developer. Landscaping maintenance for the Fred Waring Drive median islands, the property frontages and the proposed retention basin areas (temporary and permanent)shall be provided through a homeowner's association. Applicant shall be responsible for the 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 association; (b) the homeowner's association shall be formed prior to the recordation of the final map; and (c) the aforementioned landscaping shall be the responsibility of the homeowner's association. 13. Applicant shall comply with the provisions of Municipal Code Section 12.12, Fugitive Dust Control 14. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 15. Waiver of access rights to Fred Waring Drive and Deep Canyon Road except at approved locations shall be granted on the Tract Map. 16. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. 6 i RESOLUTION NO.96-70 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 and the city's Circulation Network. Specific project related off-site/on-site improvements shall include, but not be limited to the following: * Construction of curb, gutter and asphalt pavement at 43' from centerline for Fred Waring Drive, 32' from centerline for Deep Canyon Road, and 18' from centerline for Moss Rose Drive * Traffic signal modification at the northeast corner of Fred Waring Drive and Deep Canyon Road. * Installation of meandering concrete sidewalk in an appropriate size and configuration along the Fred Waring Drive, Deep Canyon Road and Moss Rose Drive project frontages. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. 18. Private street sections are acceptable as shown on the tentative map. Main entry gate (if proposed) shall be located a minimum of one hundred feet (100') east of the Deep Canyon Road curb line. 19. Traffic safety striping on Fred Waring Drive, Deep Canyon Road and the proposed residential streets shall be provided 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. 20. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction 21. The proposed storm water retention areas shall be designed to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 25 year storm. The proposed "temporary" retention system shall be designed to accommodate a 100 year storm event. 7 r RESOLUTION NO. 96-70 Fire Department 1. With respect to the conditions of approval the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CSC, and/or Recognized Fire Protection Standards. The Fire Department is required to set minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 1500 gpm for a single family structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2-1/2"x2-1/2"), located not less than 25' nor more than: a) 200' from single family structure. Distances shall cover all portions of the building(s) as measured along approved vehicular travel ways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange for a field inspection by the Fire Department prior to scheduling for a final inspection. 6. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 7. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs as approved by the Fire Marshal. Painted fire lanes and/or 8 RESOLiTTION NO. 96-70 signs shall be stenciled or posted every 30' with the following: a) No Parking Fire Lane - PDMC 15.16.090 8. Install a dust collecting system as per the California Building Code, Art. 76, if conducting an operation that produces airborne particles. A carpenter or woodworking shop is considered one of several industrial processes requiring dust collection. 9. 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. 10. 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 Knox Box over -ride system capable of opening the gate when activated by a special key 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 with shall be 16' with a minimum vertical clearance of 13'6" 11. Contact the Fire Department for a final inspection prior to occupancy. 12. All new residences/dwelling 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. 13. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within twelve months. 9 RESOLUTION NO. 96-70 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: TT 28295 ,APPLICANT/PROJECT SPONSOR: Desert Southwest Developers Arthofer PROJECT DESCRIPTION/LOCATION: Change of Zone from Open Space, Natural Factors Residential (four units per acre), and a tentative map construction of 69 custom single family homes on 20 northeast corner of Deep Canyon and Fred Waring Drive, California (APN: 624-230-001 & 008). / Dan to Planned allowing the acres at the Palm Desert, The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10