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HomeMy WebLinkAboutCC RES 06-066RESOLUTION NO. 06-66 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 AND A TENTATIVE TRACT MAP TO CONSTRUCT A 159-UNIT SINGLE-FAMILY RESIDENTIAL UNITS ON 18.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE. CASE NOS. PP 05-25 AND TT 33719 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of May 2006, hold a duly noticed public hearing to consider the request by CHAD MEYER / RJT HOMES for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of April 2006, hold a duly noticed public hearing to consider the said request and by its Resolution No. 2392 approved PP 05-25 AND TT 33719; 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 a negative impact on the environment 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 said request: 1. The proposed precise plan and tentative tract map is consistent with the goals and objectives of the General Plan and Zoning Ordinance. 2. The site is physically suitable for the proposed density. The site is vacant and graded to accommodate future development and provide for adequate drainage and flood control systems. The property will be developed for single-family residences, common area Tots, and recreational Tots. 3. The precise plan and tentative parcel map as designed complies with the all the development standards of the municipal code for subdivision purposes. 4. The precise plan and tentative tract map will not be detrimental to public peace, health, safety or general welfare. RESOLUTION NO. 06-66 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 PP 05-25, and TT 33719, subject to conditions attached (Exhibit "A"). 3. A Negative Declaration of Environmental Impact is hereby certified (Exhibit "B" attached). PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 11th day of May 2006, by the following vote, to wit: AYES: BENSON, CRITES, SPIEGEL, and KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE T EST: c RACHE � KLAS,i�N, CITY CL CITY OF ALM DE RT, CALIFOR RICH S. KELLY, MAYOR PRO T 2 RESOLUTION NO. 06-66 CONDITIONS OF APPROVAL EXHIBIT "A" CASE NOS. PP 05-25 AND TT 33719 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 two (2) years 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 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. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 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. 06-66 7 The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 8. 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). 9. The applicant shall install photovoltaic panels on the model units and market the panels to homebuyers as an option. All units will be prewired to accept the photovoltaic. 10. As part of marketing the panels the applicant shall pay 5,000 dollars per unit totaling 750,000 dollars as an affordable housing credit. At the end of the project, any unspent affordable housing allocated money will be given to the Housing Authority / Redevelopment Agency to provide affordable housing throughout the City. 11. The applicant shall provide an archaeological study to the City of Palm Desert before issuance of grading permit. The study will be provided to the Native American Tribes on file with the Community Development/Planning Department. 12. The applicant shall hire a Native American Monitor, assigned by the Ramona Band Tribe, to be included during any field study and during the construction phase of this project. 13. If human remains are encountered during grading and other construction work in the in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State and Safety Code 7050.5. 14. In the event that Native American cultural resources are discovered during project development/construction, all work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the overall project may continue during this assessment period. If significant Native American cultural resources are discovered that require a Treatment Plan, the developer or his archaeologist shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the developer or archaeologist shall, in good faith, consult on the discovery and its disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.). Department of Public Works: 1. Landscaping maintenance of any common areas and property frontages shall be provided by a homeowners association and or property owner. Landscaping shall be water efficient in nature and in accordance with the City of Palm Desert 4 RESOLUTION NO. 06-66 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 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 homeowners association shall maintain all retention areas. 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, 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 fees 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 register civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall retain a 100-year storm on -site. 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 district 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. 5 RESOLUTION NO. 06-66 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. 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 Frank Sinatra Drive and Portola Avenue, except as approved locations, shall be granted on the final map. 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, General Plan Circulation Element and as shown on the proposed street cross sections, shall be installed in accordance with applicable City standards including the following: • Dedication of 75' of right-of-way on Portola Avenue for: 9 feet center median, 42 feet of pavement width, and 24 feet of parkway including an 8 foot sidewalk minimum 4 feet from curb. • Construct interim median at project entry on Portola Avenue to restrict existing left turn movement. • Project shall pay for one fourth of the signalized intersection at Frank Sinatra Drive and Portola Avenue. 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. 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 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 Pubic Works. 21. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 26.40, Storm water 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 6 RESOLUTION NO. 06-66 Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. 23. The "limited use area" identified in the visual sight analysis for the entryway on Portola Avenue shall be shown on the landscape plan, filed concurrently with the grading plan. 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 Code, NFPA, CFC, and CBC or any 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 1,500 gpm for a 1-hour duration at 20 psi residual 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: 1500 gpm for single-family dwellings 4. The required fire flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2" x 2 1/2", located not less than 25' nor more than: 200' from any portion of a single-family 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. For Recreation Center, if applicable: All valves controlling the water supply for automatic sprinkler systems and Water -flow switches shall be monitored and alarmed per CBC Chapter 9. 7. All building 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 not be 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 turnaround 55' in industrial developments. 8. 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". 7 RESOLUTION NO. 06-66 9. A dead end single access over 500 feet will require secondary access, sprinklers or other mitigation measures approved by the Fire Marshall. Under no circumstance shall a dead-end over 1,300 feet. 10. A second access is required; two main access points from a main roadway or an emergency gate from an adjoining development can accomplish this. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 12. Provide temporary water prior to any combustibles being placed on the project site. 8 RESOLUTION NO. 06-66 Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. EXHIBIT "B" NEGATIVE DECLARATION CASE NOS: PP 05-25 AND TT 33719 as it relates to GPA 05-03 and C/Z 05-04. APPLICANT/PROJECT SPONSOR: Chad Meyers / RJT Homes P.O. Box 810 La Quinta, CA 92247 PROJECT DESCRIPTION/LOCATION: A General Plan Amendment from Community Commercial (C-C) to Medium Density (R- M) 4-10 dwelling acre, Change of Zone from Planned Commercial District (P.C.2) to Planned Residential 9 dwelling acre (P.R.9), precise plan of design, tentative tract map, and a Negative Declaration of Environmental Impact to construct a 159-unit single- family residential project on 18.67 acres located at the southwest corner of Frank Sinatra Drive and Portola Avenue. Mav 11,2006 Ai-IILIP R LL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 9