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Home My WebLink AboutCC RES 99-041RESOLUTION NO. 99-41 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A �.. TENTATIVE TRACT MAP TO SUBDIVIDE 17.4 ACRES INTO 64 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER FRED WARING DRIVE AND PHYLLIS JACKSON LANE (A.P.N.(s) 624-023-013, 014) CASE NO. TT 28590 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of May, 1999, hold a duly noticed public hearing to a consider a request by SOUTHLAND COMMUNITIES for the above mentioned; and WHEREAS, the Planning Commission approved Tentative Tract Map 28590 by adoption of Resolution No. 1921; and WHEREAS, said application has complied with the requirements of the "City of Palm Desen 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 Tentative Tract Map 28590: FINDINGS FOR APPROVAL OF A 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. 6. That the design of the subdivision or the type of improvements are not �-- likely to cause serious public health problems. RESOLUTION NO. 99-41 ' 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 tentative tract map is hearby granted subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this lOth day of June,1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Spiegel NOES: None ABSENT: Kelly ABSTAIN: None EST: -'� _{ SHEILA�'!�(LLIGAN�,�C�'ity Clerk City of Palm Desert � lifornia � / ��.� � � � � ��.�� -•: • - � . z � � � � �Y � �� RESOLUTION NO. 99-41 0 CONDITIUNS OF APPROVAL CASE NO. TT 28590 �-.:tu-i � •uu.� � �- - ..u'� 1. The development of the property shall conform substantia(ly 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 Riverside County 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 (Fred Waring, Phyllis Jackson and Moss Rose Road) as '�"" approved by the architectural review commission. �� 3 RESOLUTION NO. 99-41 8. All utilities shall be underground. 9. 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 reptacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 10. 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. Residential construction shall comply with Sections 25.24 and 25.16, including but not limited to the following development standards. Setbacks: 1 Story 2 Story Front 20 feet 20 feet Rear 15 ft. 25 ft. Sides 14 ft. combined, 15 ft. 5 ft. minimum Street Side Yard 10 ft. 10 ft. Coverage 35 % 25 % Height 18' 24' (2 story) 12. In no event shall two gable roof elevations be located adjacent to each other without specific architectural review commission approval. 13. Per Section 25.24.321, lots 6-9, 13-16, 17-20, 24-31, 35-42 are suitable for two- story development. All homes above 15 foot in height shall receive approval by the Architecture Review Commission prior to construction. 14. A single ingress/egress point shall be provided from Phyllis Jackson Lane, with an emergency access available to Moss Rose Road. Location of said shall be approved by the Director of Public Works Department. r.i RESOLUTION NO. 99-41 �-.:e��=� . . � . V 15. Drainage fees in accordance with Palm Desert Municipa! 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. 16. 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 proposed storm water detention areas shall be designed to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 25 year storm. 17. 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. 18. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. ^ 19. 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. 20. 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. 21. 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. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 22. 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 instaltation of required offsite improvements prior to permit issuance. � �.. 5 RESOLUTION NO. 99-41 23. � 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. 24. 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. 25. Landscape installation on the property frontages (Fred Waring Drive and Phyllis Jackson Lane) 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 well as those areas designated "detention basins" shall 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 the City of Palm Desert and recorded with the County recorder. The declaration shall specify :(a) the applicant oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Tract Map; and ° the aforementioned landscaping and detention basin maintenance shall be the responsibility of the property owners association. � 26. Applicant shall comply with the provisions of Municipal Code Section 24.12, ""� � Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 27. 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. 28. Waiver of access rights to Fred Waring Drive and Phyllis Jackson Lane except at approved locations shall be granted on the Tract Map. 29. Traffic safety striping on Fred Waring Drive, Phyllis Jackson Lane 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. � RESOLUTION NO. 99-41 ,..., 30. 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/onsite 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 as well as an eight foot wide passenger drop-off zone approximately 260' in length west of the Phyllis Jackson Lane intersection. * Widening Phyllis Jackson Lane by 15 feet to provide for a total of 5 travel lanes, 11 feet in width for a distance of approximately 600' north of Fred Waring Drive including any necessary traffic signal modifications. The costs associated with this improvement shall be reimbursed to the applicant upon completion of the improvements and acceptance by the city. * Construction of curb, gutter and asphalt paving on Moss Rose Drive and the proposed project streets as shown of the tentative map. * Installation of ineandering concrete sidewalk in an appropriate size and configuration along the Fred Warring Drive, Phyllis Jackson Lane 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. 31. The project shall provide for a secondary access on Phyllis Jackson Lane approximately 550' north of Fred Waring Drive. 32. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the Nationa( Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 33. All construction traffic shall access the project from Fred Waring Drive. Prior to the start of construction, applicant shall submit a traffic control plan for the subject entry. ; - .- . _i - �-..i �- 34. With respect to the conditions of approval regarding the above referenced .-+ ...,. 7 RESOLUTION NO. 99-41 plan check, the Fire Department recommends the foliowing 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. 35. 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. 36. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multi-family, 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. 37. 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 buildingls) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 38. 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 field inspection by the Fire Department prior to request for final inspection 39. 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. 40. 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 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. 41. Whenever access into private property is controlled through use of gates, � 0 RESOLUTION NO. 99-41 .-.. 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". 42. 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. 43. 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. ..�. ..r. � ..., g RESOLUTION NO. 99�41 EXHIBIT A Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the Catifornia Code of Regulations. NEGATIVE DECLARATION CASE NO: TT 28590 APPLICANT/PROJECT SPONSOR: Southland Communities •;• � : ' �� • ' •► Tentative tract map allowing the construction of 64 single-family homes on 17.5 acres, located the northwest corner of Fred Waring Drive and Phyllis Jackson Lane, Palm Desert, California (APN: 624-023-013 & 014►. � � 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. 6 �-rs �' � PHILIP D LL DATE DIRECTOR OF COMMUNITY DEVELOPMENT iI�7 � # �