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Home My WebLink AboutCC RES 04-096RESOLUTION NO.04_g6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 32,016 SQUARE FOOT SINGLE-FAMILY HOME, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO. CASE NO: HDP/PP 04-21 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of September 2004, hold a duly noticed public hearing to consider the request by HAGADONE FAMILY TRUST for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2293 has recommended approval of HDP/PP 04-21, 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 said request: 1. That the proposed location of the single-family home is in accord with the objectives of the zoning ordinance and purpose of the Hillside Planned Residential District. 2. That the project's site design, architecture, color, materials, and landscaping effectively achieve the HPR's goals of blending development with the natural terrain. 3. That the proposed use will comply with each provision of the City's Zoning Ordinance except any approved variances or adjustments provided in the hillside development plan/precise plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the City Council hereby approves the above described Hillside Development Plan/Precise Plan 04-21 and adoption of a Mitigated Negative Declaration (Exhibit A) as it relates to the project thereto. RESOLUTION NO. 04-96 c 2. That the above recitations are true and correct and constitute the findings of the Council in this case. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 23rd day of September 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA LE D. SEN, CITY CLERK City of Palm Desert, California 1%Id 2• ROBERT A. SPIEGEL, OR.f J 2 RESOLUTION NO.04-96 CONDITIONS OF APPROVAL CASE NO. HDP/PP 04-21 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 one (1) 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. Applicant shall record a conservation easement to the satisfaction of the Director of Community Development/Planning and City Attorney for the undisturbed 4.13 acres of the 4.84-acre site that is being annexed into the City. 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. The applicant shall re -naturalize any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 6. 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. 3 RESOLUTION NO. 04-96 Department of Public Works: 1. In accordance with Palm desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 2. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading design shall include consideration of existing topography. 3. Any storm/detention 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. 4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 5. In accordance with Palm Desert Municipal Code Section. 25.15, all manufactured slopes shall be planted or otherwise protected from the effects of storm water runoff and erosion with thirty days of completion of grading. 6. Access drive grades shall be subject to the approval of the Fire Marshal. Access drive and pad/parking area shall be paved or sealed to conform to PM 10 regulations. 7. 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. Developer shall contact the Riverside County Flood Control District for informational materials. 4 RESOLUTION NO. 04-96 Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. EXHIBIT A MITIGATED NEGATIVE DECLARATION CASE NOS: GPA 04-02 / C/Z 04-04 / HDP/PP 04-21 APPLICANT/PROJECT SPONSOR: Hagadone Family Trust P.O. Box 6200 Coeur D' Alene, ID 83816-1937 PROJECT DESCRIPTION/LOCATION: The applicant is requesting approval of a general plan amendment, change of zone and hillside development plan/precise plan to construct a new 32,016 square foot single- family home located in the foothills of the lower portions of the Santa Rosa Mountains within the Canyons at Bighorn Country Club. The project involves the expansion of an existing residential lot to include .71 acres of a 4.84-acre parcel that is outside the City limits. The remaining 4.13 acres will be dedicated as undisturbed natural open space conservation easement to the City. The size of the proposed home and disturbed area significantly exceeds the parameters contained in the HPR zone. However, the project's site design, architecture, color, materials, and landscaping effectively achieve the HPR's goals of blending development with the natural terrain. 9/23/04 PLIP U"t L DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5