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HomeMy WebLinkAboutCC RES 01-076RESOLUTION NO, 01-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM SERVICE INDUSTRIAL TO AFFORDABLE HIGH DENSITY, A MASTER PLAN OF DEVELOPMENT, A PRECISE PLAN TO CONSTRUCT 162 AFFORDABLE HOUSING UNITS ON 12.52 ACRES, AND A TENTATIVE PARCEL MAP TO SUBDIVIDE TWO PARCELS INTO FOUR. THE 37.84- ACRE SITE IS BOUNDED BY MERLE DRIVE TO THE SOUTH, 42ND AVENUE TO THE NORTH, PORTOLA COUNTRY CLUB TO THE WEST AND INDUSTRIAL PROPERTIES ON THE EAST. CASE NOS. GPA 01-03, PP 01-11, TPM 30193 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of June, 2001, hold a duly noticed public hearing to consider the request by CITY OF PALM DESERT REDEVELOPMENT AGENCY / PALM DESERT DEVELOPMENT CO., for the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia 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 approval of said general plan amendment, precise plan and tentative parcel map: A. FINDINGS REQUIRED FOR APPROVAL GENERAL PLAN AMENDMENT: The general plan amendment is compatible with the surrounding land uses. The density of development is in character with projects in the vicinity. The land uses resulting from the general plan amendment will not substantially depreciate property values nor be materially injurious to the properties or improvement in the area. B. FINDINGS FOR APPROVAL OF A PRECISE PLAN / MASTER PLAN: The master plan proposes land uses that are compatible with adjacent properties. The precise plan meets all the requirements of the Planned Residential zone. 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to the properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment RESOLUTION NO.01 _76 of the property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. C. FINDINGS NECESSARY FOR APPROVAL OF A TENTATIVE PARCEL MAP: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvements of the proposed map 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. That the design of the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, Califomia, 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. GPA 01-03, PP 01-11, TPM 30193 are hereby approved, subject to conditions. 3. That a Negative Declaration of Environmental Impact, Exhibit "A" attached, is hereby certified. 2 RESOLUTION NO. 01-76 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of June, 2001, by the following vote, to wit: AYES: BENSON, SPIEGEL, KELLY NOES: NONE ABSENT: CRITES, FERGUSON ABSTAIN: NONE ATTEST: ir SHEILA R. G ' City Clerk Palm Desert City ' o • ncil RICHARD S. KELLY, MAYOR PRO-TEMPORE 3 RESOLUTION NO. 01-76 CONDITIONS OF APPROVAL CASE NOS. GPA 01-03, PP 01-11, TPM 30193 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. Construction of a portion of said project shall commence 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 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. 4 RESOLUTION NO. 01-76 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, TUMF, School Mitigation and Fringe Toed Lizard Mitigation fee. 9. The project shall comply with the Palm Desert Zoning Ordinance. 10. The applicant shall submit and receive approval of a precise plan by the Planning Commission for the development of Parcels 3 and 4 or TPM 30193. The applicant shall submit and receive approval of a tentative tract map by the Planning Commission for the subdivision and development of Parcel 2 of TPM 30193. 11. Prior to building permits, a development agreement pursuant to Chapter 25.37 of the Zoning Ordinance must be approved by the City Council. 12. Prior to the issuance of final Certificate of Occupancy for the multi -family project, the applicant shall have a final map recorded for the single-family lots. Construction of the single-family lots shall commence within one year of the completion of the multi- family project. 13. The applicant shall install sidewalks on both north and south sides of 42"d Avenue between the Palm Desert Soccer Park and Cook Street to the satisfaction of the Director of Public Works. 14. The applicant shall construct the interior connection street from 42"d Avenue to Merle Drive as part of the development of the multi -family units. 15. The applicant shall install as necessary any gaps in the sidewalk on the south side Hovley Lane East between the Palm Desert Soccer Park and James Carter Elementary School. Department of Public Works: 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. Project design shall provide for the on -site retention of the 25 year storm event. Applicant shall provide for the construction of those elements of the Master Drainage Plan for the City of Palm Desert which are adjacent to this project in Merle Drive. As provided for in Section 26.49.030 of the Palm Desert Municipal Code, the costs associated with the construction of this system which are over and above the 5 RESOLUTION NO. 01-76 amount of drainage fees assessed against this project may be subject to reimbursement, at the discretion of the City Council. 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. 3. The project shall be subject to Transportation Uniform Mitigation Fees (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 parcel 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. 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 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 any permits associated with this project. 9. Landscape installation on the property frontages shall be water efficient in nature and maintenance shall be provided in the same manner specified above. 10. 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. 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. In addition to 6 RESOLUTION NO. 01-76 all standard engineering design parameters, the plan shall address appropriate circulation -related issues. 12. 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 half -street improvements on 42"d Avenue shall match existing improvements to the west. * Construction of AA Street@ and Merle Drive improvements shall be as shown on the Tentative Parcel Map. Rights -of -way as may be necessary for the construction of required public improvements shall be provided on the parcel map. 13. Applicant shall be responsible for the implementation of those traffic impact mitigation recommendations identified in the Tentative Parcel Map No. 30193 Traffic Impact Study prepared by Endo Engineering and approved by the City of Palm Desert Public Works Department. _ 14. 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. 15. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 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 for storm water discharges associated with construction activity. Riverside County Fire Department: 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. RESOLUTION NO, 01-76 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: 2500 gpm for multifamily dwellings 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-1/2" x2-1/2", located not less than 25 feet nor more than: 165= from any portion of a multifamily 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. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 13+ 13R as approved. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Community Building: Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet 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 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45 foot radius turn -around, 55 foot in industrial developments. 12. 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 inches with a minimum vertical clearance of 13'6". 8 RESOLUTION NO. 01-76 13. A dead-end single access over 500 feet will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead-end over 1300 feet be accepted. 14. All buildings shall have illuminated addresses of a size approved by the city. 15. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 16. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal Office at 760-346-1870; 70-801 Hwy. 111, Rancho Mirage, CA 92270 9 RESOLUTION NO. 01-76 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the Califomia Code of Regulations. NEGATIVE DECLARATION CASE NOS.: GPA 01-03, C/Z 01-04, PP 01-11, TPM 30193 APPLICANT/PROJECT SPONSOR: City of Palm Desert Redevelopment Agency / Palm Desert Development Co. 73-510 Fred Waring Drive Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Negative Declaration of Environmental Impact, a General Plan Amendment from Service Industrial to Affordable High Density, a Change of Zone from Single-family Residential / Mobile Home (R-1-M) to Planned Residential (P.R.-6 units per acres), a master plan of development, a Precise Plan to construct 162 affordable housing units on 12.52 acres, 117 single-family units on 23.18 acres and a Tentative Parcel Map to subdivide two parcels into four. The 40 acre site is located between Merle Drive and 42"d Avenue and is bounded by Portola Country Club to the west and industrial properties on the east. 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. ObV/0 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10