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HomeMy WebLinkAboutCC RES 06-106RESOLUTION NO. 06-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN INCLUDING HEIGHT EXCEPTION AND TENTATIVE TRACT MAP TO ALLOW THE CONSTRUCTION OF 195 RESIDENTIAL CONDOMINIUM UNITS, PRIVATE RECREATION FACILITIES AND PUBLIC PARK SITE ON 26.83 ACRES SOUTH OF GERALD FORD DRIVE WEST OF COOK STREET MORE PARTICULARLY DESCRIBED AS LOTS 10 AND 14 OF PARCEL MAP 31730, 74-815 COLLEGE DRIVE. CASE NOS. PP 06-05 and TT 34626 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 22nd day of June, 2006, hold a duly noticed public hearing, which was continued to July 13, 2006, to consider the request by W.L. Homes, LLC. dba John Laing Homes for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2399 has recommended approval of the request including a height exception, subject to conditions, and WHEREAS, said project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that this project was previously assessed as part of PM 31730 and University Park Master Plan for which a Negative Declaration was certified; 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 precise plan as described below: PRECISE PLAN 1. The design of the project is consistent with the goals and objectives of the Planned Residential zone, the amended Palm Desert General Plan and the University Park Master 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. 06-106 TENTATIVE TRACT MAP 31730 for condominium purposes: 1. The plan 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 does hereby approve case PP 06-05 including a height exception to permit units up to 25 feet 6 inches and TT 34626 for condominium purposes. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of July , 2006, by the following vote, to wit: AYES: KELLY, SP.IEGEL, and FERGUSON NOES: BENSON ABSENT: NONE ABSTAIN: NONE ATTEST: CF-fELLE ALAS N, City Clerk 2 RESOLUTION NO. 06-106 CONDITIONS OF APPROVAL CASE NOS. PP 06-05 & TT 34626 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. 7. Final landscape plans shall comply with the parking lot tree planting master plan and shall be approved by the Architecture Review Commission. 3 RESOLUTION NO. 06-106 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 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. 9. That building 27 be angled so as to provide a minimum of 20 feet of perimeter setback. 10. That the landscape plans for lot 2, the slope lot, shall be approved and its long- term maintenance agreement shall be in place prior to issuance of building permits. 11. In addition to the minimum energy efficiency standards set forth in the current edition of Title 24 California Administrative Code (CAC), the project shall incorporate the energy efficient features as specified in the memorandum from Pat Conlon (Office of Energy Management) dated November 28, 2005 (attached). 12. Applicant shall install photovoltaic panels on the clubhouse and model units and market same to unit purchasers as an option. All units to be prewired to accept photovoltaic panels. 13. That a second pool be added to the project in a size and location acceptable to the Director of Community Development. 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 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 4 RESOLUTION NO. 06-106 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. 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. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN PLANS 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. 5 RESOLUTION NO. 06-106 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. Waiver of access to University Park Drive and College Drive, 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. 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 Public Works Department. 21. 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. 6 RESOLUTION NO. 06-106 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 Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 23. Park Dedication shall be shown on final map. 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 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 multi family dwellings and 3000 gpm for Clubhouse. 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 165 from any portion of a multifamily dwelling and not more than 150' from any portion of the Clubhouse 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. 7 RESOLUTION NO. 06-106 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 2A10BC 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. 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 32' wide and 28' 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 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. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 8