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HomeMy WebLinkAboutCC RES 02-137RESOLUTION NO. 02-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PRECISE PLAN AND CONDITIONAL USE PERMIT FOR A 44 LOT RESIDENTIAL VILLAGE, 18-HOLE GOLF COURSE AND CLUBHOUSE. CASE NOS. TT 30438 AND PP/CUP 02-03 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 a request by Destination Development Corporation for a 44-unit project as described above; and WHEREAS, the Planning Commission by its Resolution No. 2155 has recommended approval of TT 30438 and PP/CUP 02-03; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to justify its actions, as described below: PRECISE PLAN/CONDITIONAL USE PERMIT: 1. The design of the project is consistent with the goals and objectives of the HPR and O.S. zones and the Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The project will not endanger the public peace, health, safety or general welfare. 4. That the location of the conditional use is in accord with the objectives and purpose of the zone district and general plan. 5. That the proposed use will comply with each provision of the zoning except for variances or adjustments provided for in the development agreement. TENTATIVE TRACT: 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. 02-137 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 avoidably 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 approval of the above described Tentative Tract Map 30438 and Precise Plan/Conditional Use Permit 02-03 are hereby approved, subject to the attached conditions. 2 RESOLUTION NO. 02-137 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: CRITES, FERGUSON, KELLY NOES: BENSON, SPIEGEL ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 3 RICHARD S. KELLY, yor RESOLUTION NO. 02-137 CONDITIONS OF APPROVAL CASE NOS. TT 30438 AND PP/CUP 02-03 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 said map shall occur within 24 months from the date of final approval unless an extension of time is granted by the Planning Commission; 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 United States Fish & Wildlife Service California Department of Fish & Game 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. Final grading plan for all areas shall be subject to review by Planning Commission prior to grading activity. Golf course residential village, clubhouse and maintenance building area shall integrate natural terrain and landscaping into design. 4 RESOLUTION NO. 02-137 6. Final grading plan for all areas to include re -naturalization measures and grading restrictions as specified in the Hillside Ordinance. 7. A detailed parking lot and building lightings plan shall be submitted to staff for approval, subject to applicable lighting standards. Plan to be prepared by a qualified lighting engineer. 8. 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 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, Art in Public Places, TUMF and school mitigation fees. The residential village setbacks shall be as follows: Front Setback Rear Setback Side Setbacks 15 feet 10 feet 5 feet each 10. That the mitigation measures identified in the S.E.I.R. prepared for The Crest shall be conditions of approval on Case No. PP/CUP 02-03. 11. That the open space areas to be dedicated as mitigation for impacts on the bighorn sheep and desert tortoise shall be dedicated to the City of Palm Desert or other public resources agency as determined by the City. 12. That the golf course design be coordinated with and approved by the City Landscape Subcommittee. 13. That the applicant shall provide full and complete access to all employees of the site. The intent of the condition is that all employee vehicles will be parked on- 5 RESOLUTION NO. 02-137 site during employment hours. Developer agrees to provide adequate onsite staging of employees/workers to avoid traffic conflicts on Highway 74. 14. That the applicant grant a trail easement around or through the east and south sides of The Crest project in a location satisfactory to the Director of Community Development. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to recordation of the final map or issuance of grading permits. 2. Drainage facilities shall be provided to the specifications of the Director of Public Works. In addition, proposed drainage facilities / improvements that impact the Palm Valley Channel shall be subject to review and approval by the Coachella Valley Water District. 3. Storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. Said study will include, but not be limited to, the investigation of both upstream and downstream impacts with respect to existing and proposed conditions. 4. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79- 17 and 79-55, shall be paid prior to recordation of the final map or issuance of grading permits. Construction costs associated with the proposed project entry traffic signal may be used as a credit against said fees. 5. 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. All improvements within State Highway 74 right-of-way shall be in accordance with Caltrans standards. 6. 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. 7. Improvement plans for all improvements, public and private, shall be reviewed and approved by the Public Works Department. The installation of such 6 RESOLUTION NO. 02-137 improvements shall be inspected by the Public Works Department and a standard inspection fee shall be paid prior to issuance of grading permits. 8. Landscaping maintenance on State Highway 74 frontage 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; and c) the aforementioned landscaping maintenance shall be the responsibility of the property owners association. 9. 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 approval before construction of any improvement is commenced. Offsite improvement plans for all improvements within exiting and proposed public rights -of -way to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to recordation of final map. Such offsite improvements shall include, but not be limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration and provisions for deceleration/acceleration lanes at project entry points. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City of Palm Desert. 10. Waiver of access to State Highway 74 except at approved locations shall be granted on the Final Map. 11. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted concurrently with grading plans. 12. As required by Section 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, dedication of half -street right-of-way at 55 feet on State Highway 74 shall be provided on the final map. 7 RESOLUTION NO. 02-137 13. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, any existing overhead utilities shall be placed underground per each respective utility districts recommendation. If such undergrounding is determined to be unfeasible by the City and the respective utility districts, applicant shall agree to participate in any future utility undergrounding district. 14. Traffic safety striping on State Highway 74 shall be provided to the specifications of the Director of Public Works and Caltrans. A traffic control plan must be submitted to, and approved by, the Director of Public Works and Caltrans prior to the placement of any pavement markings. 15. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. Proposed interior street sections shall be subject to review and approval in conjunction with tentative tract map applications. Those areas to be designated as "Emergency Access Road" shall be designed to the satisfaction of the Fire Marshal and the Director of Public Works. 16. 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. 17. 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 and Caltrans, as applicable. 18. 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 any permits associated with this project. 19. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 20. All required offsite improvements for this project shall be installed in conjunction with the first phase of development. 21. Site access, with respect to size, location and number, shall be subject to review and approval by the Department of Public Works and Caltrans. 8 RESOLUTION NO. 02-137 22. Applicant shall provide a phasing plan which specifies the project construction activity with respect to on-site/off-site infrastructure improvements as well as possible final map filing. 23. Provision for the continuation of any existing access rights which may be affected by this project shall be included as a part of the final map process. 24. Applicant shall comply with the provisions of Palm Desert Municipal Code Section 12.12, Fugitive Dust Control. 25. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 26. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with current and subsequent National Pollutant Discharge Elimination System General Permits (Permit #CAS000002) for storm water discharges associated with construction activity. 27. Project design shall accommodate the proposed Palm Valley Bicycle Trail to be located on the Palm Valley Channel access roads. 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 Codes, 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 fire flow of 1500 gpm for single family 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' nor more than 200 feet from any portion of a single family dwelling measured via vehicular travelway. 9 RESOLUTION NO. 02-137 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. 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 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. 8. 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". 9. 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 circumstances shall a dead-end over 1,300 feet be accepted. 10. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 11. All buildings shall have illuminated addresses of a size approved by the city. 12. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. OTHER: 1. At dead end provide hammer heads for turn around for fire apparatus. 2. Provide second access with bridge over CVWD channel. 10