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HomeMy WebLinkAboutCC RES 04-018RESOLUTION NO. 04-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN, A TENTATIVE TRACT MAP TO SUBDIVIDE 9.75 ACRES INTO AS MANY AS 65 SINGLE FAMILY LOTS AND MODIFIED SETBACKS FOR DWELLINGS ON THE 65 LOTS, AND TERMINATION OF THE EXISTING DEVELOPMENT AGREEMENT (DA 99-3, ORDINANCE NO. 932). PROPERTY IS LOCATED ON THE SOUTH SIDE OF PARK VIEW DRIVE BETWEEN ONE QUAIL PLACE APARTMENTS AND FAIRHAVEN DRIVE MORE PARTICULARLY KNOWN AS 72-755 PARK VIEW DRIVE AND APN'S 640-040-001, 011, 012, 013, 014 AND 015. CASE NOS. TT 31969 AND PP 03-24 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of February, 2004, hold a duly noticed public hearing to consider the request of SOUTHERN SUN CONSTRUCTION CO., INC.; and WHEREAS, the Planning Commission by its Resolution No. 2249 has recommended approval of the applications; 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 that a Negative Declaration of Environmental Impact should be certified; 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 and precise plan of design: 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. 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. RESOLUTION NO. 04-18 5. That 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. 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; and WHEREAS, the property is currently subject to a development agreement adopted pursuant to Ordinance No. 932 which needs to be terminated if this tract map is to proceed; and WHEREAS, a previously approved 250-unit continuing care retirement community project has proved to be infeasible to construct. 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 a Negative Declaration of Environmental Impact, Exhibit A attached, be certified. 3. That Precise Plan 03-24 and the above described Tentative Tract Map No. 31969 be approved, subject to the conditions, Exhibit B attached. 2 RESOLUTION NO, 04-18 4. That certain provisions of Municipal Code Section 25.24 PR Planned Residential District be modified for this property only, as shown on Exhibit C attached. 5. That the City Manager is hereby authorized to enter into an agreement with said property owner to terminate Development Agreement 99-3. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of February, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: R�(CHELLE D. KLASSEN, City Clerk City of Palm Desert, California 3 -ROBERT A. SPIEG'L, Mayo Az a ,gxAl RESOLUTION NO. 04-18 EXHIBIT A NEGATIVE DECLARATION CASE NOS: TT 31969 and PP 03-24 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Mert Issacman Southern Sun Construction Co. Inc. 17775 Main Street, Suite B Irvine, CA 92614 A Precise Plan of Design, a Tentative Tract Map to subdivide 9.75 acres into no more than 65 single family Tots, and modified setbacks for dwellings on the Tots. Property is located on the south side of Park View Drive between One Quail Place Apartments and Fairhaven Drive, more particularly known as 72-755 Park View Drive and APN's 640-040-001, 011, 012, 013, 014 and 015. 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. /26/04 PHILIP RELL DATE DIREC OR OF COMMUNITY DEVELOPMENT 4 RESOLUTION NO. 04-18 EXHIBIT B CONDITIONS OF APPROVAL CASE NOS. TT 31969 AND PP 03-24 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 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. 5 RESOLUTION NO. 04-18 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 Tong -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. 8. 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. 9. That the applicant shall obtain approval from the Architectural Review Commission for all exterior block walls, driveway gates, perimeter landscaping, typical front yard landscaping, and single-family homes. A six-foot block wall (measured from finished grade of each proposed lot to top of wall) shall be constructed along the perimeter of the tract. All walls visible from a public street shall be decorative block or stucco. 10. On Park View Drive the applicant shall provide a minimum of 20-foot setbacks from face of curb to the perimeter block walls. 11. That per Municipal Code Section 25.24.321 the four dwellings on the lots adjacent to Fairhaven Drive shall be single story with height not to exceed 18 feet. 12. The access points to Fairhaven Drive shall be emergency access only and shall be redesigned to the minimum width necessary to provide Fire Department access. 13. That the map be amended to provide for 63 lots with the provision of a community pool. Applicant to return to Planning Commission with plan for the community pool and may request the addition of one lot at that time. 14. That within the development the applicant shall provide minimum four -foot sidewalks. 6 RESOLUTION NO. 04-18 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. 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 versus 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 recordation of final map. 4. 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 including the following: • • Improvement of Park View Drive with an 18' parkway with a total half - street section of 50', retaining the 6' curbside sidewalk. Improvement of Fairhaven Drive with a 6' curbside sidewalk. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvements 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. 6. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as -built" plans submitted to the Director of Public Works prior to project final. 7 RESOLUTION NO. 04-18 7. 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. 8. Landscaping maintenance on Park View Drive, Fairhaven Drive, and the "Retention Basin", shall be provided by the homeowners association in addition to all other common areas. 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 and street maintenance shall be the responsibility of the property owners association. • Landscaping plans shall be submitted for review simultaneously with grading plans. 9. 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 issuance for offsite grading on adjacent property. 10. 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. 11. 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. 12. 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. 13. 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. 8 RESOLUTION NO. 04-18 14. 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. 15. 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. 16. Waiver of access to Park View and Fairhaven Drives, except at approved locations, shall be granted on the final map. 17. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.13, Fugitive Dust Control, as well as Section 24.20, Stormwater Management and Discharge Control. 18. 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 stormwater discharges associated with construction. Riverside County Fire Department: 1. 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 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: 1,500 gpm for single family dwellings 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 21/2 " x 21 " located not Tess than 25 feet nor more than: 9 RESOLUTION NO. 04-18 200 feet 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. AU 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 Tess 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 feet 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 measures approved by the Fire Marshal. Under no circumstances shall a dead end over 1,300 feet be accepted. 9. 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. 10. All buildings shall have illuminated addresses of a size approved by the City. 11. Conditions subject to change with adoption of new codes, ordinance, laws, or when building permits are not obtained within 12 months. ll 10 RESOLUTION NO. 04-18 EXHIBIT C MODIFIED PR STANDARDS FOR TT 31969 Section 1 - Single Story Dwellings Front Setback 15 feet - 20 feet to garage door Rear Setback 15 feet Side Yard Setback 5 feet - minimum 10 foot separation between structures Street Side Yard Setback 10 feet Maximum Height 18 feet Maximum Lot Coverage 40% Section 2 - Two Story Dwellings Front Setback Rear Setback Side Setback Street Side Setback (Corner Lots) Maximum Height Maximum Lot Coverage 15 feet - 20 feet to garage door 15 feet 5 feet - minimum 10 foot separation between structures 10 feet 24 feet from finished grade 40 % 11