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HomeMy WebLinkAboutCC RES 02-134RESOLUTION NO. 02-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A TENTATIVE TRACT MAP, SUBDIVIDING 156 +/- ACRES INTO 56 LOTS. PROPERTY IS LOCATED IN THE EAST HALF OF SECTION 5, T6S R6E (THE AREA SOUTH OF IRONWOOD COUNTRY CLUB). CASE NO. TT 29713 AMENDMENT #1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of October, 2002, hold a duly noticed public hearing to consider the request by S.R. CONSULTANTS and IRONWOOD COUNTRY CLUB for approval of the above described project; and WHEREAS, the Planning Commission by its Resolution No. 2162 has recommended approval of the proposed tentative map; and WHEREAS, the applicant has consulted with the Fish and Wildlife Service and the Department of Fish and Game; and WHEREAS, the applicant has consulted with the Boyd Deep Canyon Desert Research Center; and WHEREAS, the applicant has agreed to compensate for the loss of Bighorn Sheep habitat at a 2:1 ratio and has agreed to other mitigation measures; 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. 02-60," 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 approval of the 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. RESOLUTION NO. 02-134 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. 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. WHEREAS, in the review of this tentative tract map the City Council has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. 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 City Council in this case. 2. That the City Council does hereby approve TT 29713 Amendment #1 and a Mitigated Negative Declaration of Environmental Impact attached hereto as Exhibit "A", subject to the attached conditions. 2 RESOLUTION NO. 02-134 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of October , 2002, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: t RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 3 RI £ RD S. K LL , Ma or RESOLUTION NO. 02-134 CONDITIONS OF APPROVAL CASE NO. TT 29713 AMENDMENT #1 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. 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. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 6. All onsite utilities shall be underground. 4 RESOLUTION NO. 02-134 7. 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. 8. Project shall comply with requirements of Section 25.16.050 of the Zoning Ordinance, including but not limited to the following: Front Setback 20 feet Rear Setback 15 feet Side Yard Setback 14 feet total, minimum 5 feet Street Side Yards Setback 10 feet Minimum Dwelling Unit Size 1,500 square feet Max Lot Coverage 35% 9. That the conditions and requirements contained in the letters from Fish and Wildlife Service dated December 15, 2000 and the Boyd Deep Canyon Desert Research Center letter dated September 10, 2000 shall be conditions of approval of this tentative map and shall be implemented in a time frame consistent with the agreement between the parties. 10. That approval of Tentative Tract Map 29713 Amendment #1 is conditioned upon approval of Case Nos. GPA 02-03 and C/Z 02-05. 11. Applicant shall make an irrevocable offer of dedication acceptable to the City Attorney and Director of Community Development for an easement across their property allowing for the future development of a public trail crossing Deep Canyon in connection with a route from Palm Desert to La Quinta. Fulfillment of this condition shall satisfy Subdivision Ordinance park dedication requirement. 12. That the minimum lot size in this tract map shall be 16,000 square feet. 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 issuance of any permits associated with this project or recordation of the Final Map, whichever occurs first. 2. Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed 5 RESOLUTION NO. 07-134 and approved by the Department of Public Works prior to start of construction. The subject study shall include analysis of the upstream and downstream drainage conditions as they impact this project and existing development. 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. 4. The project shall be subject to Transportation Uniform Mitigation Fees(TUMF), residential classification. 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. 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. 7. All 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. 8. Full improvements of interior streets based on residential street standards in accordance with City standards or as approved by the city engineer shall be provided. Canyon View Drive exceeds maximum cul-de-sac length (600 ft.). An alternative / emergency access in accordance with Fire Marshall approval shall be provided. 9. All landscaping maintenance shall be provided by the property owner. 10. 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. 6 RESOLUTION NO. 02-134 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. Provisions for the continuation of existing access rights (easements, etc.) shall be provided for on the Final Map or by separate documents as appropriate. 13. 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. 14. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 15. 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. Riverside County Fire Department: 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 buildings per UFC article 87. 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 gpm for single family. 7 RESOLUTION NO. 02-134 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' from any portion of a single family dwelling measured via vehicular travelways. 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 Tess 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). 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. A dead end single access over 500 feet 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 1,300 feet be accepted. 9. 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. 10. All buildings shall have illuminated addresses of a size approved by the City. 1 1 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1. Planters too big in cul-de-sacs? 2. Need to show where emergency access ends up? 8