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HomeMy WebLinkAboutCC RES 04-024RESOLUTION NO. 04-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO A PRECISE PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 320 RESIDENTIAL CONDO- MINIUM UNITS INCLUDING A HEIGHT EXCEPTION FOR TOWER ELEMENTS 30 FEET IN HEIGHT ON A 25-ACRE SITE ON THE NORTH SIDE OF GERALD FORD DRIVE 636 FEET EAST OF MONTEREY AVENUE, 73-240 GERALD FORD DRIVE, APN 653-260-029. CASE NOS. TT 31363 AND PP/CUP 03-06 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of April, 2004, hold a duly noticed public hearing which was continued to May 13, 2004, to consider the request of SARES REGIS GROUP, LLC, for approval of the above described project; 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. 02-06," in that the Director of Community Development has determined that the project will not have an adverse impact on the environment and a Negative Declaration of Environmental Impact is warranted based on the data provided as part of the University Village Master Plan, the General Plan Update and the EIR certified therefore; 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 for condominium purposes and the precise plan/conditional use permit as described below: Tentative Tract Mao 31363 for condominium ourooses: The plan as designed complies with the municipal code requirements for residential condominium projects. Precise Plan/Conditional Use Permit: 1. The design of the project is consistent with the goals and objective of the Planned Residential zone and the amended Palm Desert General Plan as recommended for approval by the Planning Commission. RESOLUTION NO. 04-24 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The precise plan/conditional use permit will not endanger the public peace, health, safety or general welfare. 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 PP/CUP 03-06 and TT 31363. 3. A Negative Declaration of Environmental Impact is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of Mav , 2004, by the following vote, to wit: AYES: BENSON, CRITES, BELLY, SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ROBERT A. SPIE RESOLUTION NO. 04-24 CONDITIONS OF APPROVAL CASE NOS. TT 31363 AND PP/CUP 03-06 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 one year 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. Applicant shall participate in a commercial recycling program as determined by the City Environmental and Conservation Manager and applicable Waste Disposal Company. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development. 3 RESOLUTION NO. 04-24 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 7. Final landscape plans shall comply with the parking lot tree planting master plan and shall be approved by the Architecture Review Commission. 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 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. 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. 10. That the applicant and any successors shall maintain any and all enhanced paving areas in good order. 11. That the applicant shall provide a bus turn out on Gerald Ford Drive to satisfaction of the Director of Public Works. Applicant shall be required to provide a bus shelter adjacent to the above noted bus turn out consistent with project architecture when bus service is available to the site. Satisfactory deposit shall be provided to assure completion of the future bus shelter. Alternatively, applicant may contribute $20,000 toward a bus shelter elsewhere in the city. Deoartment of Public Works: 1. 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 vs. undeveloped condition for a 100 year storm. 4 RESOLUTION NO. 04-24 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. Installation of a signal at the intersection of Gerald Ford Drive and Gateway Drive shall be required of this project, the installation of which can be used as credit against these fees, at discretion of the City Council. 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. 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 grading 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. Landscape installation on the property frontages as well as on -site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 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. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 5 RESOLUTION NO. 04-24 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 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 including the following: • Gateway Drive shall be constructed per the secondary street section of the circulation network to a half -street width of 36' on 54' right of way. • Gerald Ford Drive shall be widened to the arterial street section of the circulation network to a half -street width of 51' on 75' right of way plus a right turn lane at the project driveway. • Construction of a bus facility with turnout if required by Sunline Transit Agency. 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. 13. This project shall be limited to two driveways, one on each frontage, with right turn ingress and egress only on Gerald Ford Drive. Driveways and parking Tots shall be inspected by the Public Works Department and a standard inspection fee paid prior to the issuance of a grading permit. 14. Street dedication of 54' half -width right of way shall be provided along the north project frontage for a future secondary roadway. 15. Any entry gates for the project shall be set back 100 feet minimum from the curb - line of the adjacent street. 16. A traffic study shall be prepared for this project. 17. In -lieu park fees shall be collected in a similar fashion to a subdivision according to a negotiated development agreement. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be 6 RESOLUTION NO. 04-24 provided in accordance with City Municipal Code, NFPA, CFC and CBC 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 materials are placed on the job site. 3. Provide or show there exists a water system capable of providing a potential gallon per minute flow of 2500 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-1 /2"x2-1 /2", located not Tess than 25' 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 13R modified fire sprinkler system with attic protection. This applies to all buildings with a 3,000 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' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 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 the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. If applicable, install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 7 RESOLUTION NO. 04-24 11. 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 be not 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. 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" with a minimum vertical clearance of 13'6". 13. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 14. 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. 15. All buildings shall have illuminated addresses of a size approved by the City. 16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 17. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. // 8 RESOLUTION NO. 04-24 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: TT 31363 and PP/CUP 03-06 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Sares Regis Group c/o Greg Albert 18825 Bardeen Avenue Irvine, CA 92612 A precise plan/conditional use permit and tentative tract map for condominium purposes to construct 320 residential condominium units on a 25-acre site on the north side of Gerald Ford Drive 636 feet east of Monterey Avenue, 73-240 Gerald Ford Drive, APN 653-260-029. Project includes a height exception for tower elements 30 feet in height and a housing agreement which will include, among other matters, provisions for affordable housing units. 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. .2)71.1-- 5 13/04 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9