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HomeMy WebLinkAboutCC RES 04-042RESOLUTION NO. 04-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE 95 RESIDENTIAL LOTS AND RELATED PRECISE PLAN OF DESIGN FOR CERTAIN GOLF COURSE RELATED IMPROVEMENTS WITHIN PALM DESERT COUNTRY CLUB. CASE NOS. TT 31836 AND PP 04-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of May, 2004, hold a duly noticed public hearing which was continued to June 10 and June 24, 2004, to consider the request of PDCC DEVELOPMENT LLC; and WHEREAS, the Planning Commission by its Resolution No. 2255 has recommended approval of Case Nos. TT 31836 and PP 04-01; 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 tentative tract map and precise plan: TENTATIVE TRACT MAP 1. That the proposed map is consistent with the general plan as amended. 2. That the design or improvement of the proposed subdivision is consistent with applicable general plan. 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. 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. 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. RESOLUTION NO. 04-42 WHEREAS, in review of this tentative tract map the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing thee 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 PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan 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 with the findings contained in the staff report dated May 13, 2004, constitute the findings of the City Council in this case. 2. That Tentative Tract 31836 and Precise Plan 04-01 are hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of June, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE .ilet944 ROBERT A. SPIEL , /1 ATTEST: RAG�HELLE D. R[ SSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 04-42 CONDITIONS OF APPROVAL CASE NOS. TT 31836 AND PP 04-01 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 and as defined in the development agreement shall be subject to the restrictions and limitations set forth herein which are in addition to 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 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. 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 and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 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 3 RESOLUTION NO. 04-42 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. The maintenance program shall be reviewed annually. 8. That the project shall operate consistent with the provisions of a development agreement which must be adopted by the City Council, otherwise this approval shall be null and void. 9. That the applicant shall file necessary map(s) to eliminate property line encroachments and setback deficiencies on existing residences pursuant to the letter dated March 10, 2004 from Randy Case. 10. That all recommended traffic mitigation measures contained in the traffic analysis prepared by George Dunn Associates shall be conditions of this application. 11. All onsite utilities shall be underground. 12. That all units shall comply with development standards prescribed in the R-1 9,000 and PR-6 zone categories except as modified pursuant to Development Agreement 04-01. 13. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, TUMF and School Mitigation fees. 14. The applicant/property owner agrees to defend (with counsel chosen by the City), indemnify, and hold harmless the City of Palm Desert, its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this project. This indemnification shall include any award of attorney fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 15. That the applicant shall provide a tree removal plan to be approved by the City Arborist. Said tree removal plan shall provide an assessment of the condition of trees by a certified arborist and a tree protection plan for remaining trees. 4 RESOLUTION NO. 04-42 16. That any newly created lots not presently within the Home Owner Association area shall be annexed into the Home Owner Association area. 17. That routine movement of golf course maintenance equipment in and out of the new golf course maintenance facility shall be via a path system to be established between the 13th and 14th fairways. 18. That Lot 71 be relocated 20 feet to the north. 19. That the developer shall provide appropriate fencing in the rear yard of dwelling at 77-160 Indiana. 20. That the access driveway to the maintenance facility be expanded by ten feet to the east into the park and that any excess land not needed for the driveway be offered to the property owner to the west of the driveway. 21. That pursuant to the noise mitigation measures identified in the acoustical analysis prepared by Gordon Bricken & Associates that the developer shall provide an eight - foot high wall along the west side of the access driveway and that trash trucks serving the facility shall be limited to the hours of 7:00 a.m. until 5:00 p.m. 22. That four window areas in the dwelling west of the access driveway, 77-880 California, be dual glazed. 23. Should a Conservation Easement come to exist, the City shall have the right to provide input on the organization that will become the holder of said Easement. 24. The golf course plans, as per a letter from Mr. Case, would go before the City's Landscape Beautification Committee for its input and approval at the appropriate stages of the project. 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. Project is required to retain onsite a 25 year storm. The maintenance of the retention area(s) shall be by the golf course owner/developer. 5 RESOLUTION NO. 04-42 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. • Standard 6' curbside sidewalk shall be installed in areas being developed where no sidewalk currently exists, and shall extend across the fairways including the following locations. • Along the south side of New York Avenue east to California in area #'s 2 & 8. • On both sides of Tennessee Avenue at the project entrance in area #1. • Along the west side of Elkhorn Trail in area #6. • Along the north side of California Avenue between Virginia Avenue and Tennessee Avenue. 5. 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 shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the 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 utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the Public Works Department for improvements in the public right-of-way prior to issuance of any permits. 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 of any common areas shall be provided by the homeowners association. 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 6 RESOLUTION NO. 04-42 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. 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. 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. 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 26 of the Palm Desert Municipal Code. 16. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management and Discharge Control. 17. 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. Developer must contact Riverside County Flood Control District for informational materials. 7 RESOLUTION NO. 04-42 18. Lot line on Lot 84 shall be adjusted prior to grading permit issuance to correct the encroachment of adjoining residence. 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 provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial 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 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"x2-1 /2"x2-1 /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 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. 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 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. 8