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HomeMy WebLinkAboutCC RES 2011-02RESOLUTION NO. 2011-2 A RESOLUTION OF CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED RESIDENTIAL 5 UNITS PER ACRE (PR-5) AND A TENTATIVE TRACT MAP TO CREATE 15 NEW RESIDENTIAL LOTS ON THE NORTH SIDE OF PICASSO DRIVE WITHIN THE GALLERY RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF GERALD FORD DRIVE AND PORTOLA AVENUE. CASE NOS: C210-276 AND TT 36335 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of January 2011, hold a duly noticed public hearing to consider the request by Ponderosa Homes II, Inc. for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2537 has recommended approval of Case No. Change of Zone 10-276; 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. 10-26, the Director of Community Development has determined that the project will not have a negative impact on the environment and is a Class 32 Exemption from CEQA, 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 the recommendation to the City Council of said request: 1. That the proposed Change of Zone from SI to PR-5 is consistent with the General Plan Medium Density Residential designation and that the proposed Tentative Tract Map is consistent with the proposed zone change and the existing residential community known as The Gallery. 2. That the proposed Change of Zone and Tentative Tract Map will not be detrimental to the public health, safety or general welfare, for be materially injurious to the surrounding properties or improvements in the City of Palm Desert. FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans; • The proposed density of five units per acre is consistent with the General Plan Land Use Designation of Residential Medium Density of 4-10 units per acre. Provided that the remainder of the developer's 33.71 acres is developed with a density of 7.26 (or more) dwelling units per acre, the proposed subdivision will be RESOLUTION NO. 2011-2 consistent with the updated Housing Element of the General Plan. The density is also consistent with the specific approved project known as The Gallery by Ponderosa Homes. There is no specific plan for this area. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; • The design and improvements of the new subdivision have been reviewed by Planning and Public Works for consistency with the General Plan. The lot sizes and drainage patterns meet all requirements of the General Plan. All streets are existing and are also in conformance with the General Plan. The residential community is already developed with the necessary improvements for streets and drainage in conformance with the General Plan. 3. That the site is physically suitable for the type of development; • The project area totaling 3.40 acres is located adjacent to an existing residential community that has been designed and constructed for this type of development. No obstacles to development of the existing subdivision were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. 4. That the site is physically suitable for the proposed density of development; • The existing community is approved for 240 units on 84 acres, totaling 2.86 units per acre. The new density is 4.44 units per acre which is consistent with the proposed density of five (5) units per acre. The infrastructure, soils, and terrain serving this proposed subdivision will adequately support a density of 4.44 units per acre. 5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; • The previous subdivision of 240 units was approved with a Negative Declaration of Environmental Impact in accordance with CEQA. All previous impacts were identified and mitigated as part of the previous approval. The new 15 lots will be subject to a Class 32 categorical exemption from CEQA since they are located adjacent to an existing development with infrastructure and improvements, and since the total project size is less than five acres. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; • The design of the new 15 lots will be in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. 2 RESOLUTION NO. 2011-2 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. • The new lots are located within a private residential community and will not impact any public easements as part of the subdivision. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 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 C/Z 10-276 and TT 36335, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of January 2011, by the following vote, to wit: AYES: FINERTY, KROONEN, SPIEGEL, and BENSON NOES: NONE ABSENT: HARNIK ABSTAIN: NONE \' ATTEST: RA HELLS D. ASSEN,,CITY CLERK City of Palm Desert, California /71e N M. BENSO, Nlayor 3 RESOLUTION NO, 2011-2 CONDITIONS OF APPROVAL CASE NOS. C/Z 10-276 AND TT 36335 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of the project shall commence within two (2) years from the date of the final approval unless a time extension 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 an limitations set forth herein which are in addition to all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Sunline Transit Authority Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & 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. The project shall be subject to all applicable fees at time of issuance of building permits. 7. 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.). 8. Lots Tess than 10,000 square feet in area shall comply with the following development standards: Front Yard: 20 feet to garage, 15 feet to dwelling or side entry garage Side Yard: 5 feet minimum, 14 feet combined 4 RESOLUTION NO. 2011-2 Street Side: 10 feet on corner lots Rear Yard: 20 feet minimum All other development standards shall comply with Palm Desert Municipal Code Section 25.16.050 and 25.56. 9. Lots that are 10,000 square feet in area or larger shall comply with the following development standards: Front Yard: 20 feet to garage, 15 feet to dwelling or side entry garage Side Yard: 6 feet minimum, 16 feet combined Street Side: 10 feet on corner Tots Rear Yard: 20 feet minimum All other development standards shall comply with Palm Desert Municipal Code Section 25.16.050 and 25.56. 10. The applicant shall provide a bus pullout and pad for future shelter. If the bus service on Gerald Ford Drive does not exist at the time of building permit issuance for the final phase of the project, then the condition will be reexamined by the City to determine if the need for public transit facilities still exists. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 1. The tract map shall be submitted to the Director of Public Works for review and approval. 2. A Declaration of Annexation incorporating the new lots/owners into the existing Homeowners Association and CC&R's shall record concurrently with the final map. 3. Waiver of access to Cortesia Way shall be granted on the final map. 4. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 5. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. Prior to the issuance of grading permits the applicant shall: 6. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 7. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the 5 RESOLUTION NO. 2011-2 Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 8. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 9. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 10. Submit a site -specific geotechnical study. The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist. 11. Submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. f. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 12. Identify all proposed and existing utilities on the precise grading plan. 13. 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. 14. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 6