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HomeMy WebLinkAboutCC RES 05-105RESOLUTION NO. 05-105 . 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, INCLUDING A HEIGHT EXCEPTION FOR THE APARTMENT PROJECT, AND A TENTATIVE TRACT MAP FOR UP TO 755 RESIDENTIAL UNITS (MAXIMUM 605 CONDOMINIUM / SINGLE FAMILY UNITS AND MAXIMUM 150 APARTMENT UNITS) ON 79.6 ACRES AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND GERALD FORD DRIVE, 76-000 FRANK SINATRA DRIVE. CASE NOS. PP 05-12 AND TT 33837 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 10th day of November, 2005, hold a duly noticed public hearing which was continued to December 8, 2005, to consider the request of TAYLOR WOODROW, INC. and EMERALD BROOK LLC, for approval of the above described project; and WHEREAS, the Planning Commission by its Resolution No. 2361 has recommended approval of the requested precise plan and tentative tract map; 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. 05-52," 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 has been prepared; 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 precise plan, including a height exception, and tentative tract map as described below: Precise Plan of Desian: 1. The design of the project is consistent with the goals and objectives of the Planned Residential zone, except for the height of the apartment project for which a height exception is requested, and the Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The precise plan will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 05-105 Tentative Tract Map 33837: The plan as designed complies with the municipal code requirements for residential condominium/single family projects. 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 height exception allowing for a maximum building height of 26 feet on the apartment project is hereby approved. 3. That Case Nos. PP 05-12 and TT 33837 are hereby approved for up to 605 condominium/single family units and up to a maximum of 150 apartment units, subject to conditions. 4. A Negative Declaration of Environmental Impact as shown on Exhibit A attached is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of December, 2005, by the following vote, to wit: AYES: BENSON, CRITES, BELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: � CHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 05-105 CONDITIONS OF APPROVAL CASE NOS. PP 05-12 AND TT 33837 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. 6. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 3 RESOLUTION NO. 05-105 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. That the apartment project shall remain as an apartment project in perpetuity. Applicant may request amendment to this condition if rental needs in the city change. 10. That the construction of the units in both projects shall comply with the mitigation measures identified in the Structural Acoustical Analysis prepared July 28, 2005 by Investigative Science and Engineering. 11. That the applicant shall construct a bike path to City specifications in between the railroad and the north limit of the project. 12. That the tandem parking spaces shall have a minimum dimension of 10 feet by 37 feet. 13. That no part of Tentative Tract Map 33837 shall record prior to issuance of grading - • permits for units in that particular phase. 14. That the applicant shall as a part of the recordation of the tract map dedicate up to two acres of land in a location acceptable to the Director of Community Development for a future day care facility. If any or all of the day care land shall not be used for the day care facility, said unused land shall revert to the apartment site and may be developed consistent with the zoning. If the property dedicated for the day care facility is not developed as a day care facility within five years of its dedication, ownership shall revert to the apartment site for development thereon. 4 RESOLUTION NO. 05-105 15. That the apartment project owner shall enter into a housing agreement with the City requiring that 20% of the units be reserved and rented to "moderate income households." 16. That as a result of the extraordinary amenitization package being provided which will be maintained by the Homeowners Association, the City agrees to waive 66% of the usual Quimby fees. 17. That the project be reviewed for compliance with the energy efficiency provisions pursuant to the conditions outlined in the memo from the Office of Energy Management dated November 28, 2005 attached hereto as Exhibit B. 18. That the owner shall record with the County of Riverside a "Notice of Noise Impact from Interstate 10 and Union Pacific Railroad" in a form as approved by the City Attomey. Riverside County 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 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 and 2,500 gpm for multifamily 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 Tess than 25' nor more than 200' from any portion of a single family dwelling measured via vehicular travelway and 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. 5 RESOLUTION NO. 05-105 6. Please be advised the proposed project may not be feasible since the existing water mains will not meet the required fire flow. 7. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 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. 8. All valves controlling the water supply for automatic sprinkler systems and Water - flow switches shall be monitored and alarmed per CBC Chapter 9. 9. Install a fire alarm system as required by the UBC Chapter 3. 10. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 11. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 12. 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 32' wide and 28' wide with parking on one side. Final roadway geometry shall be approved by Fire Marshal. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around, 55' in industrial developments. 13. 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". 14. 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 1,300' be accepted. 15. 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. 6 RESOLUTION NO. 05-105 16. This project may require licensing by a state or county agency. To facilitate plan review, the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 17. All buildings shall have illuminated addresses of a size approved by the City. 18. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas and property frontages shall be provided by a homeowners association and or property owner, shall be water efficient in nature and 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 property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 2. 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. 3. The maintenance of the retention areas shall be by the homeowners association. - BONDS AND FEES • 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to recordation of final map. 5. 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. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7 RESOLUTION NO. 05-105 7. A standard inspection fee shall be paid prior to issuance of grading permits. 8. 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 on -site the increase in flows for a 100 year storm. 9. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. 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. 11. 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. 12. 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. 13. 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. 14. Any entry gates for the project shall be set back 100 feet from the curb -line of the adjacent street. 15. Waive of access to Frank Sinatra and Gerald Ford Drives, except at approved locations, shall be granted on the final map. REQUIRED CONSTRUCTION 16. 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. • Maintain, replace and construct -where necessary, matching sidewalk on Frank Sinatra and Gerald Ford Drives. 8 RESOLUTION NO. 05-105 • Construct and instal a landscaped center median on Gerald Ford Drive where adjacent to project. • Construct 10-foot wide bike path along northern and eastern boundary to connect with Frank Sinatra Drive. • Project shall install appropriate storm drain facilities on Gerald Ford and Frank Sinatra Drives. • Project shall provide a signalized intersection at the project entry on Frank Sinatra Drive, pay for half of the signalized intersection at Frank Sinatra and Gerald Ford Drives, and bond for half of a future signal at the apartment entry on Gerald Ford Drive. 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. 17. 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. No occupancy permit shall be granted until public improvements have been completed. 18. 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. 19. 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. 20. All public and private improvements shall be inspected by the Department of Public Works. 21. 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. 22. 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 9 RESOLUTION NO. 05-105 // Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. 10 RESOLUTION NO, 05-105 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: PP 05-12 AND TT 33837 APPLICANT/PROJECT SPONSOR: Taylor Woodrow, Inc. 15 Cushing Irvine, CA 92618 PROJECT DESCRIPTION/LOCATION: Emerald Brook LLC 1100 Quail, #102 Newport Beach, CA 92660 A Negative Declaration of Environmental Impact, a precise plan of design and a tentative tract map for a 755-unit residential project (605 condominium/ single family units and 150 apartment units) on 79.6 acres at the northeast corner of Frank Sinatra Drive and Gerald Ford Drive, 76-000 Frank Sinatra Drive. 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. December 8. 2005 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 11 RESOLUTION NO. 05-105 EXHIBIT B Smith, Steve From: Conlon, Pat Sent: Monday, November 28, 2005 10:17 AM To: Smith, Steve Subject: Conditions of Approval Office of Energy Management. In ADDITION to the minimum energy efficiency standards set forth in the current edition of Title 24 Calif. Administrative Code (CAC) the project shall incorporate the following energy efficiency features. 1) Architectural design for energy conservation shall incorporate structural overhangs, or architectural projections, for shading of all eastern, southem and westem facing glazing. Where shading by architectural design is unfeasible in these locations, glazing shall consist of the following: a) Thermal break design window and/or door frames. b) U factor of .40 or less (NFRC tested) c) SHGC value of 0.35 or less (NFRC tested) 2) All vented attics shall have a radiant barrier roof sheathing installed per Title 24 CAC 2005 edition. 3) All flat or low sloped exterior roof surfaces shall have a Cool Roof reflective coating. 4) HVAC equipment minimum standards: a) Fuel type: All heating shall be by natural gas. b) Furnace efficiency to be a minimum AFUE rating of 80% c) SEER: 14.0 minimum d) EER : 11.5 minimum e) HSPF: 8.0 minimum. f) Duct insulation shall be R-6 or better. g) All ducts shall be pressure tested for leakage conforming to current standards in Title 24 CAC 2005 edition. 5) Energy Star Appliances. If provided by the developer, all the following appliances shall be Energy Star rated: a) Dishwashers b) Refrigerators c) Clothes Washers d) Clothes Dryers ( Must be Natural Gas only) e) Ceiling fans f) Exhaust fans 6) Lighting: Lighting in all laundry rooms, utility rooms, mechanical rooms, closets and garages shall be fluorescent_ controlled by a manual - on, automatic - off occupancy sensor. All common area landscape lighting shall be fluorescent. • 7) All common area public pools and spas shall have solar water heating conforming to current Plumbing Code and Solar Energy Code standards. Natural gas heaters for the common area public pools and spas are permitted with a AFUE of .92% minimum. 1