HomeMy WebLinkAboutCC RES 05-027RESOLUTION NO. 05-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A PRECISE
PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR
CONDOMINIUM PURPOSES TO CONSTRUCT 320 APARTMENTS/
RESIDENTIAL CONDOMINIUM UNITS ON A 26.4-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 AND APN
653-260-021.
CASE NOS. AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day
of March, 2005, hold a duly noticed public hearing to consider the request of SARES REGIS
GROUP, LLC, for approval of the above described project; and
WHEREAS, the City Council did on the 13th day of May, 2004, adopt Resolution No.
04-24 and pass Ordinance No. 1065 approving the 320-unit Sares Regis residential
condominium project; and
WHEREAS, the applicant desires to add 1.41 acres to the original 25-acre site and
amend the precise plan and tentative tract map; and
WHEREAS, the Planning Commission has reviewed the amended application and by its
Resolution No. 2324 recommended approval of same; and
WHEREAS, the applicant is not requesting any additional units beyond the 320 units
which were approved May 13, 2004; and
WHEREAS, the original project was reviewed for compliance with CEQA and a Negative
Declaration of Environmental Impact was certified; and
WHEREAS, the requested amendments and change of zone are a Class 5 Categorical
Exemption for purposes of CEQA because they are minor revisions to the previously approved
project; 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 amendment to the precise
plan/conditional use permit and tentative tract map for condominium purposes:
Amendment #1 to Precise Plan/Conditional Use Permit:
1. The design of the amended project is consistent with the goals and objective of
the Planned Residential zone and the amended Palm Desert General Plan.
2. As conditioned, the project will be compatible with adjacent uses and will not
depreciate property values in the vicinity.
RESOLUTION NO. 05-27
3. The precise plan/conditional use permit as amended will not endanger the public
peace, health, safety or general welfare.
Amendment #1 to Tentative Tract Mao 31363 for condominium aurooses:
The amended tentative map will merge the Tots and the project as designed complies
with the municipal code requirements for residential condominium 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 the City Council hereby approves Amendment #1 to PP/CUP 03-06 and TT
31363, subject to conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this LOthday of ?arch , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BENSON, SPIEGEL, and KELLY
NONE
FERGUSON and CRITES
NONE
A H LLE D. KLASS N, City Clerk
City of Palm Desert, California
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RESOLUTION NO. 05-27
CONDITIONS OF APPROVAL
CASE NOS. C/Z 05-01 AND AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
Department of Community Development and Riverside County Fire Department:
1 . That all conditions of approval imposed pursuant to City Council Resolution No.
04-24 shall be conditions of this approval.
2. That this approval shall become null and void should Sares Regis fail to acquire
the adjacent Verizon property.
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.
3. 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:
• curb, gutter, and paving for a half -street section of 37 feet width (64' total),
and 8-foot meandering sidewalk on Gateway Drive. An 8-foot meandering
sidewalk is also required on Gerald Ford Drive.
Acceleration/Deceleration lanes required on Gerald Ford entrance.
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.
4. 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
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RESOLUTION NO. 05-27
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.
5. Improvement plans for water and sewer systems shall be approved by the
respective service districts with "as -built" plans submitted to the Department of
Public Works prior to project final.
6. 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.
7. Landscaping maintenance on Gerald Ford Drive and Gateway Drive shall be
provided by the property owner(s). 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 for maintenance of common areas. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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RESOLUTION NO. 05-27
12. 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.
13. Pad elevations, as shown on the tentative map are subject to further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
14. 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.
15. 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.
16. 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 lots shall be
inspected by the Public Works Department and a standard inspection fee paid prior
to the issuance of a grading permit.
17. Proposed dedication of Gateway Drive shall consist of 49 feet for the half -street
section (32' feet of pavement).
18. Any entry gates for the project shall be set back 100 feet from the curb -line of the
adjacent street.
19. In -lieu park fees shall be collected per State Map Act.
20. The applicant shall post a bond or cash deposit for $100,000, half of the cost of
installing a signal at the Gateway Drive entrance. Said bond or cash deposit will be
held for 5 years from the date of the first certificate of occupancy issued for the
project. After 5 years, the City shall evaluate the need for the signal. If the signal
is not necessary, the bond or cash deposit shall be reimbursed to the applicant.
21. The project shall install a signal at the intersection of Gerald Ford Drive and
Gateway Drive and be reimbursed by the City for two-thirds of the cost, if the signal
has not been installed already. If the signal has been installed, the project shall pay
an in -lieu fee for one-third of the project cost. These requirements shall be used as
credit against any other signalization fees.
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RESOLUTION NO. 05-27
22. Project shall provide an appropriate SCE easement along Gerald Ford Drive, or as
approved by the City Engineer.
23. Preventive fencing shall be included on top of the west property line retaining wall.
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