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HomeMy WebLinkAboutCC RES 2012-674111.000 RESOLUTION NO. 2012-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING MODIFICATIONS TO THE PRIOR APPROVALS FOR VILLA PORTOFINO (SOUTHWEST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE) INCLUDING: A CONDITIONAL CERTIFICATE OF COMPLIANNCE TO CONFIRM THE PRIOR SUBDIVISION OF A PORTION OF THE PROPERTY; A TENTATIVE TRACT MAP; A MODIFIED PRECISE PLAN; AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT; ARCHITECTURAL ELEVATIONS FOR 72 NEW CONDOMINIUMNILLA UNITS ON LOT NO. 5 OF THE PROPOSED MAP CASE NOS: DA 11-516. PP 98-21 Amendment No. 2. and TTM 36404 WHEREAS, the Planning Commission of the City of Palm Desert, California, on the 18th day of September 2012, hold a duly noticed public hearing and approved by Resolution No. 2592 the request by Country Club Investors LLC and VP Builders/Family Development for approval of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, on the 11th day of October 2012, hold a duly noticed public hearing to consider the request by Country Club Investors LLC and VP Builders/Family Development for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 2012-20, in the Director of Community Development has determined that the project Villa Portofino was subject to a comprehensive CEQA review at the time it was initially approved in 1998. Since that time the project has been partially built -out. The current approvals merely reaffirm the prior approvals, and do not change them in any material way. Staff has reviewed the prior CEQA analysis and current conditions, and confirmed that there are no changes in circumstances or the project that would warrant additional CEQA review at this time. As it is clear that the reaffirmation of prior approvals will not have any significant effect on the environment, the project is categorically exempt; 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: FINDINGS: No map shall be approved unless the City Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. RESOLUTION NO. 2012-67 1. That the density of the proposed subdivision is consistent with applicable general and specific plans; The project was previously approved by Resolution No. 99-19 totaling 625 units. The project density and unit count will remain as previously approved. The project was approved with a General Plan Amendment and was consistent with the General Plan. In the Land Use Element under residential goals, policies, and programs a goal is to provide "a range of housing types, densities and affordabilities that accommodate existing and future residents across all socio-economic sectors of the community." The project was originally approved with a senior overlay designation, and was designed to provide increased density and special development standards to encourage the development of specialized forms of senior housing. The overlay allows densities based on a population per acre land use formula. The overlay also requires that senior housing projects include up to 25 percent affordable housing in exchange for these large density bonuses. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; The design of the residential component will result in 625 total units. No physical lots will be created. Goal 1 of the Residential Goals and Policies of the Land Use Element states that the City shall provide "a balanced range of housing types, densities and affordabilities that accommodate existing and future residents across all socio-economic sectors of the community." The proposed project broadens the range of residential product in the City by creating a unique senior living resort residential community. 3. The site is physically suitable for the type of development. The site has been previously approved by Resolution No. 99-19 for 625 total units. Although most of the property is vacant today, a portion of the approved project is built. The site has physical improvements, such as curbs and utilities already providing service to the site. The property is suitable for the proposed development as conditioned and previously approved. 4. The site is physically suitable for residential development. The proposed 75-acre site is physically suitable for residential development with access provided by two main streets, Country Club Drive and Portola Avenue. Utilities are available in the vicinity, and the property is adjacent to residential properties to the south, east and west. G:\Planning\Kevin Swartz\WordlPredse Plans\Villa Portofino\City Council\CC Resoluuon.doc 2 RESOLUTION NO. 2012-67 5. The design of the tract map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Mitigated Negative Declaration was approved under the original entitlements, and all potential impacts were less than significant. The project as originally approved will not change, therefore the project will not cause substantial environmental damage or injure fish or wildlife or their habitat. 6. The design of the tract or type of improvements is not likely to cause serious public health problems. The design of the tract map is consistent with all provisions of the zoning ordinance. The proposed development is subject to applicable City development standards and the Uniform California Building Standards Code, which is developed under the Health and Safety Code (Section 18902), and whose purpose is to protect the health, safety, and general welfare of the public. 7. 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 proposed subdivision does not interfere with any public easements acquired by the public. 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 DA 11-516, PP 98-21 Amendment No. 2, and TTM 36404, subject to conditions. G:\Planning\Kevin Swartz\Word\Precise Plans\Villa Portofino\City Coundl\CC Resolution.doc 3 RESOLUTION NO. 2012-67 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 11th day of October 2012, by the following vote, to wit: AYES: BENSON, FINERTY, HARNIR, KROONEN, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Obi •OP RA : 1 4 E D. KLASSEN, JCity Clerk Palm Desert City Council ROBERT A. SPIE L, M G:WIannIng\Kevin Swartz\WordPrease Plans\Villa Portotino\City Council\CC Resdution.doc 4 RESOLUTION NO. 2012-67 M CONDITIONS OF APPROVAL CASE NOS. DA 11-516, PP 98-21 Amendment No. 2, and TTM 36404 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. 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 City Fire Marshal Public Works Department 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. 3. Prior to issuance of any additional building permits for the Project, Designated Owner shall enter into a long-term landscaping maintenance agreement, in a form reasonably acceptable to the City, for maintenance of landscaping fronting the Project on Country Club Drive, including the median, and all retention basins within the Project (the "Landscaping Maintenance Agreement"). The Landscaping Maintenance Agreement may be assigned by Designated Owner to the HOA. Prior to the issuance of the first certificate of occupancy or completion for the Portola Parcel, Country Club Drive Investors, successors and assigns, shall enter into a Tong -term landscaping maintenance agreement, in a form reasonably acceptable to the City, for maintenance of landscaping fronting the Project on Portola Avenue (the "Portola Landscaping Maintenance Agreement"). All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801), the approved landscape plan, and the current addition of the City of Palm Desert Plant Maintenance Guide. 4. Access to trash/service areas shall be placed so as not to conflict with parking areas. The applicant shall contact Burrtec Waste and Recycling, Inc. to provide trash and recycling services that shall include the provisions of and operation of a stinger/bin truck to maneuver the bins to a collection area above ground from within the underground service area. Depending on the location of the trash and recycle bins, the trash enclosures may be required and shall be consistent with the Palm Desert Municipal Code Chapter 8.12 and other conditions, such as number, size, and location of enclosures to accommodate the required number of bins. All bins or enclosures must be screened from public view. G:\Planning\Kevin Swartz\WordWrecise Plans\Villa Portofino\City Council\CC Resolution.doc 5 RESOLUTION NO. 2012-67 5. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 6. The applicant shall submit design development plans to the Architectural Review Commission before review of the construction drawings by the City. 7. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 8. The Final Development Agreement shall be recorded within 40 days of final approval of the project by the City Council. 9. Prior to the City issuing any building permits for Lot 3 and Lot 4 on Tentative Tract Map 36404, the existing block wall on Country Club Drive shall be extended to the adjoining city owned fire station parcel. 10. Applicants shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicants expense. The defense obligation is described in more detail in the Amended and Restated Development Agreement. 11. None of these project approvals is valid until recordation of the certificate of approval and the Development Agreement. If a court voids any of the project approvals, including the Certificate of Compliance or Development Agreement, all of the development approvals shall be null and void. 12. The City Council approval of the Certificate of Compliance is to retroactively approve the prior unapproved subdivision of the property. 13. Developer shall enter into a recordable Development Agreement to memorialize these and other conditions placed on the project. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 1. The applicant shall not be placed on the agenda for the first reading of City Council until the preliminary WQMP is approved. 2. The final tract map shall be submitted to the Director of Public Works for review and approval. 3. Dedicate additional right of way for ultimate improvements at Portola Avenue secondary access as set forth as Lot B of the tentative tract map. G:Wlanning\Kevin Swartz\Word\Predse Plans\Villa Portofino\City Coundl\CC Resoluticn.doc 6 RESOLUTION NO. 2012-67 4. The final tract map shall dedicate an additional 11' of right-of-way along Country — Club Drive for a total of 55' from center line as set forth as lot A thereon. .. 5. Reciprocal access easements and drainage easements between Tots shall be provided for on the final tract map or in the CC&R's. 6. The final tract map shall provide for a public 20' pedestrian easement and a private 20' landscape easement within the 20' adjoining and along Portola Avenue, and a private 20' landscape easement along Country Club Drive, in addition to the street right of way noted above, as set forth on the tentative tract map. An additional public pedestrian easement may be required on Country Club Drive for any portion of sidewalk beyond 55-feet south of the street centerline. 7. Prior to City Council approval of the final tract map, the applicant shall construct or enter into a subdivision agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvements, as specified in the Development Agreement, shall include: a. Improvements on Portola Avenue including, but not limited to, the installation of curb and gutter, asphalt paving, an 8' ADA compliant meandering sidewalk, and a deceleration lane. Design shall be per the approved site plan. b. Full Improvements of the secondary access. The construction of an emergency vehicle access road per section 2.21 of the Development Agreement shall be completed before issuance of any additional building permits for the project. 8. The emergency vehicle access road to Portola Avenue may be used by construction traffic through the use of transponders or other means to actuate the gates for the passing of each construction vehicle. The gates are not to be left open at any time, except for Fire Department emergencies. The applicant is responsible to ensure that public traffic and residents do not use this access road. Construction access on the emergency vehicle access road is subject to review by the Director of Public Works and may be revoked at any time. 9. Access rights shall be restricted along Portola Avenue except at the "Secondary Access". 10. The construction of a block wall on Country Club Drive prior to issuance of any building permits for units within Lots 3 and/or 4. 11. Landscaping along Portola Avenue frontage shall be completed when development within Lots 3 and/or 4 occurs. G:\Planning\Kevin Swartz\Word\Precse Plans\Villa Portohno\City Council\CC Resolution.doc 7 RESOLUTION NO. 2012-67 11. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 12. The applicant will execute a recordable covenant agreeing to be bound by existing CC&R's and to execute future amendments. Prior to any further condominium plans being recorded, the applicant shall: 13. Record the final tract map. The condominium plans shall reference the final tract map recording information. 14. Submit a sample grant deed relative to the conveyance of the units, and the condominium plan, to the Public Works Department for review prior to the recording of any further condominium plans and related deeds. Prior to the issuance of grading permits the applicant shall: 15. 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. 16. 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 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. 17. 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. 18. Submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 19. Submit precise grading plans for review and approval. Pad elevations on precise grading plans shall conform to the range of elevations shown on the preliminary grading plans approved by Planning Commission. 20. Identify all proposed and existing utilities on the precise grading plan. G:\Planning\Kevin Swartz\WordWredse PlansWilla Portofino\City Coundl\CC Resolution.doc 8 RESOLUTION NO. 2012-67 21. 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. 22. Any deviation from the approved plans shall be reviewed for approval by the City Engineer prior to work commencing. 23. The applicant shall enter into a landscape maintenance agreement as specified in the Development Agreement. DEPARTMENT OF BUILDING AND SAFETY: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE RIVERSIDE COUNTY FIRE DEPARTMENT: 1. The Fire Department requires the following fire protection measures be provided in accordance with the City of Palm Desert Municipal Code, 2007 California Building and Fire Codes with applicable NFPA and or any other nationally recognized Fire Protection Standards. The Fire Department shall set the minimum fire flow for the remodel or construction of al buildings per California Fire Code Appendix B. 2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure from a permanently installed Fired Hydrant before any combustible material is placed on the job site. G:\Planning\Kevin Swartz\WordtPrease Plans\Villa Portolino\City Council\CC Resolution.doc 9 RESOLUTION NO. 2012-67 3. The applicant shall provided proof the existing water system is capable of providing the minimum necessary gpm fire flow for 2500 gpm for multifamily dwellings prior to any project approvals. 4. The applicant shall provide the required fire flow from a permanent wet Barrel Super Hydrant with 1-4" and 2-21/2" discharge outlets located not Tess than 25' and no more than 165' from any portion of a multifamily dwelling prior to any building permits approvals. 5. The applicant shall submit water plans to be reviewed and approved by the Fire Marshal and include verification that the water system is capable of providing the required fire flow. 6. The applicant shall 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 fire appliances including Post Indicator Valves, Fire Department Connections and Fire Hydrants. All Fire Appliances shall not be within 25 feet of a building and all Fire Department Connections shall be within 50 feet of a Fire Hydrant. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per the 2007 California Building and Fire Code. .r .. 8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring awl system as required by the 2007 California Building and Fire Code. 9. The applicant shall install portable fire extinguishers as per NFPA 10. The applicant shall install a minimum of 1-2A10BC Fire Extinguisher for every 3,000 square feet, 3' to 5' above grade with no more than 75' walking distance from any point of the business to the extinguisher. The applicant shall install a "K" class fire extinguisher as required for commercial kitchens within 30' of the hazard area. 10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96 for all public commercial and private cooking operations with the exception of a single-family residence. 11. The applicant shall install an all weather Fire Department accessible roadway extending to any portion of the building where as a 150' hose lay can be utilized for the inaccessible building perimeter. Construction type of the same shall be approved by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be accepted. Fire lane access roadway minimum width is 20' and height clearance is 13'6" Public roadway minimum unobstructed width is 36' with parking on both sides. A Fire Apparatus Turn around shall be provided for dead end streets in excess of 150' in length with approved cul-de-sac or hammer head dimensions. G:Wlanning%evin Swartz\Word\Predse PlansWilla Portofino\City Coundl\CC Resolution.doc 10 RESOLUTION NO. 2012-67 12. Knox access devices shall be provided as follows: • A Knox Padlock for every manual gated entrance. 13. The applicant shall install an illuminated building address in accordance to the city standards for size and location. The building address shall be installed on the building in an unobstructed locale and the color shall be contrasting to background. 14. The applicant shall submit three sets of the following plans for review including tenant improvement: • Fire Alarm System • Sprinkler System • Fire Main Underground • Hood Suppression System • Site Plan to Scale 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. G:\Planning\Kevin Swartz\Word\Precise Ptans\Villa Portofino\City Counal\CC Resolution.doc 11