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HomeMy WebLinkAboutCC RES 04-118RESOLUTION NO. 04-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE APPROXIMATELY 38.05 ACRES OF VACANT LAND LOCATED NORTH OF GERALD FORD DRIVE AND EAST OF GATEWAY DRIVE AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT THERETO (RILINGTON COMMUNITIES) CASE NO. TT 31071 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 28th day of October, 2004, hold a duly noticed public hearing to consider the request by MICKIE RILEY for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2301 has recommended approval; 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 not have a negative impact on the environment and staff has prepared a Mitigated Negative Declaration of Environmental Impact; 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 request: 1. The proposed tentative map is consistent with the goals and objectives of the City of Palm Desert General Plan 2020. The General Plan encourages Medium to High Density residential development with densities up to 22 dwelling units per acre. The project as conditioned would allow for a maximum of 159 single-family residential Tots and would have a density of 4.9 dwelling units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance. The proposed subdivision has met the minimum lot width and density regulations of the Planned Residential Development (5 units per acre) zone, and lot sizes are adequately sized to comply with building setback regulations as would be required in the P.R.5 zone. 3. The site is physically suitable for the type of development in that the site is a vacant property that will be graded to accommodate future development and provide for adequate drainage and flood control systems. The property will be developed for single-family residences, common area lots, recreational Tots and future school uses as proposed for the subdivision. RESOLUTION NO. 04-118 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property in that the site has been approved by the city for residential development. All existing public utility easements on the property, if any, would be reserved. 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 the City Council does hereby approve Tentative Tract Map 31071 and adoption of a Mitigated Negative Declaration (Exhibit "A"), as it relates to the project thereto. 3. That modified development standards for Tentative Tract No. 31071 (Exhibit "B" attached hereto) are hereby approved. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 28th day of October, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CHE LE D. SE. , CITY CLERK ) CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, KAYO-Fi 2 RESOLUTION NO. 04-118 CONDITIONS OF APPROVAL CASE NO. TT 31071 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 said project shall commence within two (2) years 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 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. 6. All onsite utilities shall be underground. 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. 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 3 RESOLUTION NO. 04-118 periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 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, TUMB, School Mitigation and Housing Mitigation fees. 9. That residential Tots shall comply with the following setback and height standards: Front Yard: Side Yard: Street Side Yard: Rear yard: Maximum height: 15' from curb to living area (5' from property line) / 25' from curb to garage (15' from property line). 5' / 5' (10' combined) 10' 15' from property line minimum 26' from approved grade height maximum 10. The applicant shall adjust rear property lines and incorporate retaining walls into the project to decrease the sloped area that is within the rear yards for lots 111- 121 and 149-159 and increase the amount of usable rear yards to the satisfaction of the Director of Community Development/Planning. 11. The applicant shall increase the perimeter landscaping area at the corner of Gerald Ford Drive and Gateway Drive to a minimum of 50' from the curb and at the corner of Gerald Ford Drive and Lot J to a minimum of 35' from the curb, or to the satisfaction of the Director of Community Development/Planning. 12. The applicant shall construct a decorative block wall along the perimeter of the project. Said wall shall be reviewed and approved by the City's Architectural Review Commission or Director of Community Development/Planning. 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 final map. 2. Storm drain/retention area design and 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 prior to start of construction. 3. The applicant shall post a bond or cash deposit for $100,000, half of the cost of installing a signal at the Gateway Drive entrance. Said bond or cash deposit will be held for 5 years from the date of the first certificate of occupancy issued for the project. After 5 years, the City shall evaluate the need for the signal. If the 4 RESOLUTION NO. 04-118 signal is not necessary, the bond or cash deposit shall be reimbursed to the applicant. 4. That project shall install a signal at the intersection of Gerald Ford Drive and Gateway Drive and be reimbursed by the City for two-thirds of the cost, if the signal has not been installed already. If the signal has been installed, the project shall pay an in -lieu fee for one-third of the project cost. These requirements shall be used as credit against any other signalization fees. 5. Any public improvements installed pursuant to an assessment district shall be deemed to satisfy any individual improvement requirements specified in these conditions. 6. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, General Plan Circulation Element and as shown on the proposed street cross sections, shall be installed in accordance with applicable City standards including the following; • Improvement of Gerald Ford Drive with a 51' half -street width, 75' total half -street right of way, landscaping of the center median, and 8' sidewalk. • A right turn lane shall be provided on Gerald Ford and Gateway Drive. • Improvements on Gateway Drive to a secondary street standard with a raised median. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city 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 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. "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. 8. Improvement plans for water and the respective service districts shall approve sewer systems with "as -built" plans submitted to the Department of Public Works prior to project final. 9. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 5 RESOLUTION NO. 04-118 10. Landscaping maintenance on Gerald Ford Dr., Gateway Drive, south side of Lot "J", east side of Lot "X", all other common areas, and the "Retention Basin", shall be provided by the homeowners association, unless an Assessment District for maintenance is formed prior to map recordation. Landscape treatment shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. 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 Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 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. An offsite grading authorization letter is required prior to grading permit issuance for offsite grading on adjacent property. Project shall coordinate grading with adjacent TT31490 to the east so that the 6-10' difference in pad heights shall be accommodated on TT 31490, allowing the property line to be located at the top of the slope. 12. Traffic safety striping shall be installed 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. 13. 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. Applicant shall be responsible for acquiring all necessary easements for off -site roadway improvements. 14. 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. 15. 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. 16. 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. 17. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 6 RESOLUTION NO. 04-118 18. Waiver of access to Gerald Ford Drive, Gateway Drive and "Lot J" except at approved locations shall be granted on the final map. 19. 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. 20. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. 21. Proposed "Lot J" shall align with adjacent street from TT 31490. 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, CFC, and CBC 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 1,500 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 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 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 building 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 turnaround 55' in industrial developments. 7 RESOLUTION NO. 04-118 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 a 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 twelve months. 8 RESOLUTION NO. 04-118 Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. EXHIBIT A NEGATIVE DECLARATION CASE NOS: TT 31071 APPLICANT/PROJECT SPONSOR: Rilington Communities 277 Rancheros Drive, Suite 303 San Marcos, CA 92069 PROJECT DESCRIPTION/LOCATION: The applicant is requesting approval of a Tentative Tract Map 31071 to subdivide 38.05 gross acres and a Negative Declaration of Environmental Impact located north of Gerald Ford Drive and east of Monterey Avenue. The project involves the development of 159 residential units and 1.08 acres of common open space with an amenity area including pool, tot pool, restroom, turfed area with focal point, and paseos. The two remaining Tots in the northern portion of the project encompass 4.99 acres and will be set aside for the School District. The Dolce development generally complies with set standards within the P.R. 5 zone. _ October 28, 2004 PFIILIP DRnLL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9 RESOLUTION NO. 04-118 Two Story Homes: Front Yard: Side Yard: Street Side Yard: Rear yard: Maximum height: EXHIBIT B MODIFIED PR STANDARDS FOR TT 31071 15' from curb to living area (5' from property line) / 25' from curb to garage (15' from property line). 5' / 5' (10' combined) 10' 15' from property line minimum 26' from approved grade height maximum 10