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HomeMy WebLinkAboutCC RES 97-053RESOLUTION NO. 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 62 ACRE 23 UNIT VESTING TENTATIVE TRACT MAP FOR THE SOUTHEAST AND SOUTHWEST PORTIONS OF THE CANYONS OF BIGHORN PROJECT. CASE NO. VESTING TT 28575 � WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of June, 1997, hold a duly noticed public hearing to consider the request by WINMAR PALM DESERT L.L.C. for above described project; 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. 97-18," in that the Director of Community Development has determined that the project has been properly analyzed as part of the Second Addendum to FEIR SCH #91012061; 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: (a) That the proposed map is consistent with applicable general and specific plans; (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; (c) That the site is physically suitable for the type of development; (d) That the site is physically suitable for the proposed den�ity of development; (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; and (g) 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of. Palm Desert, California, as follows: 1. That the above �ecitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Vesting Tentative Tract Map No. 28575, subject to the attached conditions. RESOLUTION NO. 97-53 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 26th day of June, 1997, by the following vote, to wit: AYES: SNYDER, SPIEGEL, KELLY NOES: BENSON ABSENT: CRITES ABSTAIN: NONE A�'�'EST: . � `� ; ,? / � % � � ,�: �,. ��� _ SHEILA R. G L AN, Cit e � City of Palm Desert, Cali ornia k 2 RESOLUTION NO. 97-53 CONDITIONS OF APPROVAL CASE NO. VESTING TT 28575 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. The approval of this vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval of a tentative map. 3. That the rights contained in the tentative vesting map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in condition 2 above. If the final map is approved then construction of a portion of said project shall commence within two years 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. 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 as provided for vesting tentative tract maps pursuant to the California Subdivision Map Act. 5. 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 Desert Sands Unified School District 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. 6. That the setbacks for dwellings in this project shall be as shown on map exhibits. 3 RESOLUTION NO. 97-53 7. That the approval for Vesting Tentative Tract 28575 shall be null and void uniess said property is annexed to the City of Palm Desert. 8. All mitigation measures contained within FEIR as amended by the Second Addendum are incorporated herein by reference as conditions of this approval. 9. Project landscaping shall emphasize drought tolerant plant materials and irrigation technology to the greatest extent feasible. 10. The project shall be subject to all currently applicable fees including, but not limited to, Art in Public Places, TUMF, and school mitigation fees. 11. Provisions shall be made for convenient project access and on-site parking for all construction, service workers and other employees associated with the project. 12. Provisions for solid waste disposal shall include residential and commercial recycling where applicable. 13. 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. 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. 14. Winmar Palm Desert, an LLC, and Safeco Properties, Inc. (referred to in this paragraph as "Indemnitors") hereby jointly and severally agree to defend at their sole cost and expense, indemnify, and hold harmless the City of Palm Desert, its agents, officers and employees, from any claim, action or proceeding filed against the City of Palm Desert, its against, officers, attorneys and employees, as a result of the local agency's approval of GPA 96-1, C/Z 96-7, vesting TT 25296 (revision), and vesting TT 28575, and/or the City certification of the Second Addendum to the EIR for this project, including but not limited to: 1) actions or proceedings to attack, set aside, void or annul such approvals; or 2) actions or proceedings that seek damage as a result of the finding, requirement or condition that a buffer area be established on Winmar property, including but not limited to any action for inverse condemnation. 4 RESOLUTION NO. 97-53 The City of Palm Desert shall promptly notify Indemnitors of such claim, action or proceeding. Further, Indemnitors shall conduct the defense and control the defense. The City of Palm Desert shall cooperate fully in the defense of any such action or actions. De�artment of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to recordation of the final map or issuance of grading permits. 2. Drainage facilities shall be provided to the specifications of the Director of Public Works. In addition, proposed drainage facilities/improvements shall be subject to review and approval by the Coachella Valley Water District. 3. 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 and the Coachella Valley Water District. Said study will include, but not be limited to, the investigation of both upstream and downstream impacts with respect to existing and proposed conditions. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of the final map or issuance of precise grading permits. 5. 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. All improvements within State Highway 74 right-of-way shall be in accordance with Caltrans standards. 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. Improvement plans for all improvements, public and private, shall be reviewed and approved by the Public Works Department and Caltrans. The installation of such improvements shall be inspected by the Public Works Department/Caltrans and a standard inspection fee shall be paid prior to issuance of grading permits. 8. Landscaping maintenance on State Highway 74 frontage and Indian Hills Way shall be provided through a property owners association. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which 5 RESOLUTION NO. 97-53 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 final map; and m the aforementioned landscaping maintenance shall be the responsibility of the property owners association. 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 Public Works for checking approval before construction of any improvements is commenced. Offsite improvement plans for all improvements within existing and proposed public rights-of-way 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 provisions for deceleration/acceleration lanes at the main 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 of Palm Desert. 10. Waiver of access to State Highway 74 and Indian Hills Way except at approved locations shall be granted on the Final Map. 11. 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. 12. As required by Sections 26.32 and 26.40 of the Palm Desert Municipal Code and in accordance with the Circulation Network of the City's General Plan, dedication of half-street right-of-way at 67 feet on State Highway 74 and right-of-way sufficient to provide for a full street right-of-way of 60 feet on Carriage Trail shall be provided on the final map. 13. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, any existing overhead utilities shall be placed underground per each respective utility districts recommendation. If such undergrounding is determined to be unfeasible by the City and the respective utility districts, applicant shall agree to participate in any future utility undergrounding district. 14. Traffic safety striping on State Highway 74 shall be provided to the specifications of the Director of Public Works and Caltrans. A traffic control plan must be submitted � RESOLUTION NO. 97-53 to, and app�oved by, the Director of Public Works and Caitrans prior to the placement of any pavement markings. 15. Improvement of interior streets shall be as shown on the tentative tract map and shall be designed in accordance with Section 26.40 of the Palm Desert Municipal Code. Those areas to be designated as "Emergency Access Road" shall be designed to the satisfaction of the Fire Marshall and the Director of Public Works. 16. Complete tract maps shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Permits for mass grading may be issued prior to the tract map submittal subject to the approval of the Director of Public Works. 17. 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 and Caltrans, as app�icable. 18. 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 any permits associated with this project. 19. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 20. Prior to the start of construction/issuance of permits for offsite improvements applicant shall submit a construction phasing plan for review and. approval by Director of Public Works for all required offsite improvements for this project. 21. Site access, with respect to size, location and number, shall be subject to review and approval by the Department of Public Works and Caltrans. 22. Provision for the continuation of any existing access rights which may be affected by this project shall be included as a part of the final map process. 23. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 12.12, Fugitive Dust Control. 24. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. . 25. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with current and subsequent 7 RESOLUTION NO. 97-53 National Pollutant Discharge Elimination System General Permits (Permit # CAS000002) for storm water discharges associated with construction activity. Riverside Counri Fire Marshal: 1. With respect to the conditions of approval regarding the above referenced plan check, the Fire Depart�nent recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fi�e Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Califo�nia Fire Code Sec. 10.401. 2. A fire flow of 1500 gpm for a 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 single family dwelling; and b) 3000 gpm for clubhouse and maintenance buildings. 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" x 4" x 2-1 /2" x 2-1 /2"), located not less than 25' nor more than: a) 200' from single family structure; and b) 150' from clubhouse and maintenance buildings. 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 approp�iate water company having jurisdiction that hydrantls) 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. 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. 7. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front of the building, not less than 25' from the building and within 50' of an approved Super hydrant. This applies to 0 ` RESOLUTION NO. 97-53 � all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered as per NFPA 13. The building area of additional floors is added in for a cumulative total square footage. Exempted are one and two family dwellings. Applies to clubhouse and maintenance buildings. 8. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803 for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and control valves for sprinkler systems. 9. 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 signs shall be stenciled or posted every 30' with the following: a) No Parking Fire Lane - CFC 10.205 10. Install a fire alarm as required by the California Building Code and/or California Fire Code. Minimum requirement is UL central station monitoring of sprinkler systems per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems and systems where any interior devices are required or used. (CFC Sec. 14.103(a)). 11. Install portable fire extinguishes per NFPA 10, but not less than 2A10BC in rating. Fire extinguishes must not be over 75' walking distance and/or 3000 sq. ft. of floor area. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 12. Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A). 13. 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. 14. Whenever access into private 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 � RESOLUTION NO. 97-53 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 width shall be 16' with a minimum vertical clearance of 13'6". 15. 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. 16. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gated access into an adjoining development. 17. Contact the fire department for a final inspection prior to occupancy. 18. All new residences/dwellings are required to have illuminated add�esses 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. 19. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prio� to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 20. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. . 21. Other: Provide for Fire Marshal approval the following items: a. Emergency vehicle access plan for connection of dead end cul-de-sacs. b. Emergency vehicle egress plan for private shared driveways. c. Detail of all non paved cleared areas that are to be used as part of emergency access. 10