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HomeMy WebLinkAboutCC RES 01-040RESOLUTION NO, 01-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING AN APPEAL BY THE APPLICANT OF A PLANNING COMMISSION DECISION AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A TENTATIVE TRACT MAP FOR 259 SINGLE FAMILY LOTS AND 1 34-ACRE REMAINDER LOT AND AN 11 LOT TENTATIVE TRACT MAP FOR FINANCING PURPOSES ON 118 + /- ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW DRIVE AND COUNTRY CLUB DRIVE. CASE NOS. TT 29468 AND TT 29555 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of February, 2001, hold a duly noticed public hearing which was continued to March 22, 2001, to consider the request of ABD Palm Desert 118, LLC, for approval of the above; 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. 00-24," in that the Director of Community Development has determined that the project will not have a significant 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 granting approval of said tentative tract maps: 1. That the proposed maps are consistent with applicable general and specific plans, as amended. 2. That the design or improvement of the proposed subdivisions are 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 substantial and avoidable injury to fish, 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. 01-40 7. That the design of the project 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 tract. 8. That the design of the subdivision or type of improvements will not impact 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 Case Nos. TT 29468 and TT 29555 are hereby approved, subject to conditions. 3. This Resolution shall be effective on the date it is adopted; provided, however, this Resolution, and each of its Sections, shall only become operative on the date the Ordinance which approved the Development Agreement covering the subject site becomes operative, i.e., upon the date of recordation of the grant deed conveying title to the subject site from the existing owner of the subject site, Palm Desert (Riverside) PIP, L.P., to ABD Palm Desert 1 18, LLC. 4. That a Negative Declaration of Environmental Impact, Exhibit "A" attached, is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of April , 2001, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE A SHEILA R. LI,I.GAN, �ty Clerk City of Palm Desert, C ifornia 2 RESOLUTION NO. 01-40 CONDITIONS OF APPROVAL CASE NOS. TT 29468, TT 29555 DeRartment_QLCommunity_D LQpment: 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. Construction of a portion of said project shall commence within the time coinciding with the 12 year term of the approveddevelopment agreement 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 Agency 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 new utilities shall be underground. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 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 assigns. 3 RESOLUTION NO. $,Q 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. Fringe Toed Lizard fee shall be paid at $600/acre. 9. All applicable Planned Residential standards shall apply. 10. A noise study shall be conducted and mitigation measures shall be implemented to insure compliance with the city's noise ordinance. 11. Access points along Tamarisk Row Drive shall be reserved for residents only. 12. Perimeter wall and perimeter landscaping adjacent to Tamarisk Row Drive, Country Club Drive and the entry road off Country Club Drive shall be installed upon certification of mass grading. Certification shall be issued to the Director of Public Works. Prior to mass grading, appropriate sand control fencing shall be installed as part of the comprehensive dust control program. 13. Architectural drawings (elevations and site plans) for the proposed tract model homes be submitted to the adjacent homeowner's association boards (Regency Palms and Regency Estates) for review and comment prior to review of the units by the City's Architectural Review Commission. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to recordation of the final map for TT 29468. 2. Any drainage facility 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 project shall be designed to retain storm waters associated with the increase in developed vs. undeveloped condition for a 100-year storm. 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. Project shall be responsible for the modification of the existing traffic signal on Country Club Drive at the project entry. Said responsibility shall be limited to one-half of the cost of the modification. Those costs may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 4 RESOLUTION NO. 1-40 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 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. 7. 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. 8. 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 grading permits. 9. In accordance with the Circulation Network of the Palm Desert General Plan, installation of the northerly half landscaped median island in Country Club Drive shall be provided. Landscape shall be drought tolerant in nature. Developer may pay cash in lieu of actual construction. 10. 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 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 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 TT 29468; and c) the aforementioned landscaping maintenance shall be the responsibility of the property owners association. 1 1 . 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. 5 RESOLUTION NO. 01-40 12. 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. 13. 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. 14. Traffic safety striping on Country Club Drive, Tamarisk Row Drive and "I" Street 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. 15. 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. Improvements shall include, but not be limited to the following: * Installation of curb and gutter at 43 feet from centerline, AC paving and meandering sidewalk along the Country Club Drive frontage adjacent to property. * Installation of curb and gutter at 38 feet from centerline, AC paving and meandering sidewalk along the Tamarisk Row Drive frontage. * Installation of street improvements (curb and gutter, AC paving and sidewalk) for "I" Street as shown on the tentative map exhibit and as described within the project development agreement. * Modification to the existing traffic signal on Country Club Drive at "I" Street to provide for full intersection operation. * Installation of transit facilities shall be as follows: a. If Sunline provides bus service to this area prior to commencement of construction, the developer shall install a bus shelter. The bus shelter is to be constructed to aesthetically match the architecture of the complex or building(s). The bus shelter dimensions shall be at minimum 8' x 18' x 8'; the bus shelter shall include, but not be limited to, electrical lighting, bench(es), and other components (i.e., trash container) not listed. 6 RESOLUTION NO, 01-40 The bus shelter and pad to be ADA compliant. The pad dimensions shall be a minimum of 10' x 20' and 3.5" thick. b. However, if Sunline does not provide bus service to this area prior to commencement of construction, the developer shall place a bus shelter pad on the site. The pad dimensions should be a minimum of 10' x 20' and 3.5" thick, the pad shall be ADA compliant, and the electrical conduit to be run from the house panel to within 12" but no closer than 6" to the bus shelter pad for future bus shelter installation. Regardless of the timing of Sunline service, a bus turnout shall be installed to Sunline Transit standards during construction of phase one. * Lots 272 and 273 along the northerly project boundary shall be dedicated to the City of Palm Desert for pedestrian/bicycle route purposes. Residential street sections shall be as shown on the tentative tract map with a minimum width of thirty-six feet. Rights -of -way necessary for the construction of required public improvements shall be provided on the Tract Map. 16. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 17. 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. 18. Waiver of access rights to Country Club Drive, Tamarisk Row Drive and "I" Street except at approved locations shall be granted on the Final Map. 19. 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 for storm water discharges associated with construction. Riverside County Fire Department: 7 RESOLUTION NO 01-40 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual 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 gpm flow of 1500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2 %2 " x 2 %2 ", located not less than 25' nor more than 200' from any portion of a single family dwelling measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. 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 required on both sides of the street the roadway must be 36' wide and 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. 7. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16' with a minimum vertical clearance of 13'6". 8. All buildings shall have illuminated addresses of size approved by the city. 9. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 8 RESOLUTION NO. 1-40 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS.: TT 29468 and TT 29555 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: ABD Palm Desert 118, LLC 16830 Ventura Boulevard, Suite 401 Encino, CA 91436 A tentative tract map for 259 single family Tots and 1 34-acre remainder lot and an 11 lot tentative tract map for financing purposes on 117.5 + /- acres at the northeast corner of Tamarisk Row Drive and Country Club Drive. 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. )ijo 1 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9