HomeMy WebLinkAboutCC RES 99-027RESOLUTION NO. 99-27
,... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN
... AMENDMENT FROM PARK TO LOW DENSITY RESIDENTIAL
AND A TENTATIVE TRACT MAP TO SUBDIVIDE 7.8 ACRES
INTO 26 SINGLE FAMILY LOTS LOCATED AT 40-752 PORTOLA
AVENUE (A.P.N. 624-282-001►.
CASE NO. GPA 98-7. TT 29067
WHEREAS, the City Council of the City of Palm Desert, California, did on the
1 1 th day of March, 1999, hold a duly noticed public hearing to a consider a request
by MAINERO/SMITH AND ASSOCIATES FOR US HOME CORP. for the above
mentioned; and
WHEREAS,
Amendment 98-7
1913; and
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the Planning Commission recommended approval of General Plan
and Tentative Tract Map 29067 by adoption of Resolution No.
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 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 approving the general plan
amendment and the tentative tract map:
FINDINGS NECESSARY FOR APPROVAL OF A GENERAL PLAN AMENDMENT:
1. The proposed general plan amendment from Park to Low Density
Residential is compatib{e with the surrounding properties. The General
Plan amendment from Park to Low Density Residential will not reduce
the neighborhood's "park" opportunities, due to the City's development
of a 20 acre park 0.75 miles to the east.
2. The proposed General Plan amendment to from Park to low density
residential is consistent with the existing and long term land uses of the
area.
FINDINGS FOR APPROVAL OF A TENTATIVE TRACT M�1F:
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1.
That the proposed map is consistent with applicahle general and specific
plans, as amended.
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2. That the design or improvement of the proposed subdivision is
RESOLUTION NO. 99-27
3.
4.
consistent with applicable general and specific plans.
That the site is physically suitable for the type of development.
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.
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.
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 General Plan Amendment and the
Tentative Tract Map 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 25th day of March, 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
TT ST:
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Benson, Crites, Ferguson, Relly, Spiegel
None
None
None
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SHEILA �ILLiGAN, Cit�lerk
City of Palm Desert, C lifornia
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RESOLUTION NO. 99-27
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CONDITIONS OF APPROVAL
CASE NO. GPA 98-7, TT 29067
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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 Review 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. AI{ sidewalk p{ans shall be reviewed and approved by the department of pubfic
works prior to architectural review commission submittal.
6. All utilities shall be underground.
7. AI{ perimeter landscaping sha{I be installed and maintained by the Homeowners
Association.
7. 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
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RESOLUTION NO. 99-27
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.
9. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Fringe Toad Lizard, Art in Public Places, TUMF
and school mitigation fees.
10. The project's development standards shall comply with Section 25.16 of the
City zoning ordinance, including but not limited to the following:
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) .
12. In no event shall two gable end roofs be located next to each other without
specific Architectural Review Commission approval.
13. All homes above 15 feet in height shall receive approval by the Architectural
Review Commission or by the applicable home owners association prior to
obtaining building permit.
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1. 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. The subject study shall include analysis of the upstream
drainage conditions as they impact this project.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos.
79-17 and 79-55, shall be paid prior to issuance of any permits associated
with this project or the recordation of the tract map.
3. The project shall be subject to Transportation Uniform Mitigation Fees
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RESOLUTION NO. 99-27
�,,,,, (TUMF). Payment of said fees shall be at the time of building permit
issuance.
�,,., 4. 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.
5. 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. Existing public street rights-of-way affected by this map shall
be abandoned in accordance with Government Code Section 66499.20 '/Z
(Subdivision Map Act).
6. 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.
7. All 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.
8. 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 and 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 permit issuance.
9. Landscape installation on the property frontages shall be water efficient in
nature and shall be in accordance with the City of Palm Desert landscape
design standards. Landscaping maintenance for said landscape as wel! as
those areas designated "retention" shall be provided be provided through a
property owners association. Applicant shall be responsible for executing a
declaration of Conditions, Covenants and Restrictions, which declaration
shall be approved by he 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 associatior►; (b) the property owners
association shall be formed prior to the recordation of the tract Map; and °
the aforementioned landscaping and retention maintenance shall be the
responsibility of the property owners association.
^, 10. Applicant shall comply with the provisions of Municipaf Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management
and Discharge Control.
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RESOLUTION NO. 99-27
11. 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.
12. Waiver of access rights to Portola Avenue and Silver Sands Way except at
approved locations shall be granted on the final map.
13. 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
offsite improvements shall include, but not be limited to the following:
* Construction of curb, gutter and paving as well as sidewalk in an
appropriate size and configuration along Silver Sands Way.
Rights-of-way as may be necessary for the construction of required public
improvements shall be provided on the final map.
14. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
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15. Traffic safety striping 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.
16. 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
activity.
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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.
10.301 C.
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RESOLUTION NO. 99-27
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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 there exists a water system capable of providing a
potential gallon per minute flow of 1500 for single family. The actual fire
flow available from any one hydrant connected to any given water main shall
be 1500 GPM for two hours duration at 200 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 200' single family
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. 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 original 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."
6. 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
Marshall.
7. 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 not be 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 indusirial 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.
8. Whenever access into private property is controlled through use of gates,
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RESOLUTION NO. 99-27
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. 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".
9. Contact the Fire Department for a final inspection prior to occupancy.
10. 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.
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RESOLUTION NO. 99-27
EXHIBIT A
�-- Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: GPA 98-7, C/Z 98-8 / TT 29067
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Approval of a General Plan Amendment from "Park" to "Low Density Residential",
Change of Zone from "Open Space" (O.S.) to "Single-family Residential" (R-1) and
a Tentative Tract Map, subdividing 7.8 acres into 26 single family homes. Property
is located at the southeast corner of Portola Avenue and Silver Sands Parkway,
Palm Desert, California (APN: 624-282-001).
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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.
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PHILIP DREL DATE
DIRECTOR 0 COMMUNITY DEVELOPMENT
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TT 29067
GENERAL PLAN AMENDMENT
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RESOLUTION NO. 99-27
Date: �� 25 � 1999