Loading...
HomeMy WebLinkAboutCC RES 06-027RESOLUTION NO. 06-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN/CONDITIONAL USE PERMIT INCLUDING A HEIGHT EXCEPTION UP TO A MAXIMUM OF 34 FEET 6 INCHES, AND A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 247 RESIDENTIAL CONDOMINIUM UNITS ON A 20-ACRE SITE AT THE NORTHEAST CORNER OF 35TH AVENUE AND GATEWAY DRIVE, 73-600 35TH AVENUE. CASE NOS. PP/CUP 05-22 AND TT 34179 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of January, 2006, hold a duly noticed public hearing which was continued to February 23, 2006, to consider the request of SUMMIT PROPERTIES for approval of the above described project; and WHEREAS, the Planning Commission has reviewed the project and recommended to City Council approval by adoption of its Resolution No. 2366; 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/ conditional use permit, height exception, and the tentative tract map for condominium purposes as described below: Precise Plan/Conditional Use Permit and Heioht Exception: 1. The design of the 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. 3. The precise plan/conditional use permit will not endanger the public peace, health, safety or general welfare. RESOLUTION NO. 06-27 Tentative Tract Map 34179 for condominium ourooses: 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 Nos. PP/CUP 05-22, including a height exception to allow units 28-34 feet 6 inches in height, and TT 34179, subject to conditions. 3. A Negative Declaration of Environmental Impact attached hereto as Exhibit A is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 23fd day of February, 2006, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIED L, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 SON, Mayor RESOLUTION NO. 06-27 CONDITIONS OF APPROVAL CASE NOS. PP/CUP 05-22 AND TT 34179 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. 06-27 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 the applicant shall enter into a Housing Agreement with the City agreeing to make up to 20% of the project units available to the City Housing Authority at a specified price based on the December 15, 2005 proforma with the intent that the Housing Authority may write down mortgages to make these units available to "moderate" income households and apply resale controls to keep the units affordable into the future. 10. 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 efficiency features as specified in the memorandum from Pat Conlon (Office of Energy Management) dated November 28, 2005 (attached hereto as Exhibit D). Applicant shall install photovoltaic panels on the model units and market same to unit purchasers as an option. All units to be prewired to accept photovoltaic panels. 12. That the project shall provide a turnout and bus shelter on Gateway Drive. If service is not provided in the area at time of construction, this condition will be reexamined by the City to determine if the need for public facilities exists. Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas and property frontages shall be provided by a homeowners association, shall be water efficient in nature and in accordance with the City of Palm Desert landscape design standards. Applicant shall 4 RESOLUTION NO. 06-27 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 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 incremental 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. 5 RESOLUTION NO. 06-27 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 75 feet from the curb -line of the adjacent street, or as approved by the Director of Public Works. 15. Waiver of access to 35th Avenue and Gateway 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 including the following, or as approved by the Director of Public Works. • Half street improvement of 35' Avenue and Gateway Drive as shown on the plans. ® Project shall install appropriate storm drain facilities on 35" Avenue and Gateway Drive. • Project shall pay for one fourth of the signalized intersection of 35th Avenue and Gateway 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. 6 RESOLUTION NO. 06-27 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 Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 23. Project may be required to provide other traffic mitigation measures, as deemed necessary by the city engineer for the project entries and exits. 24. Appropriate documentation shall be provided prior to issuance of grading permits for the retaining walls along the project boundary shown to be constructed by others, including sufficient calculations to show that the existing retaining wall can support the additional surcharge of any proposed improvements of this project. 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 commercial buildings and 3000 gpm for commercial buildings. 7 RESOLUTION NO. 06-27 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 (if applies), 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. 6. 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. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per CBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3 (100 spr heads). 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. (For clubhouse only.) 10. 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 Tess 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. 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". 12. 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 1300' be accepted. 13. All buildings shall have illuminated addresses of a size approved by the City. 8 RESOLUTION NO. 06-27 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. (If applies, 100 heads.) Note: Some conditions may not apply. If buildings change from this conceptual plan, other conditions may apply. // 9 RESOLUTION NO. 06-27 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/CUP 05-22 and TT 34179 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Summit Properties 2082 Michelson Drive, Suite 100 Irvine, CA 92612 A precise plan/conditional use permit, including a height exception up to a maximum of 34 feet 6 inches, and a tentative tract map for condominium purposes to construct 247 residential condominium units on a 20-acre site at the northeast corner of 35th Avenue and Gateway Drive, 73-600 35th Avenue. 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. 3�3AD PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 10