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HomeMy WebLinkAboutCC RES 2014-13RESOLUTION NO. 2014-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND APPROVAL OF A NEW 4,000-SQUARE-FOOT SINGLE-FAMILY HOME INCLUDING A 473-SQUARE-FOOT DETACHED GARAGE ON A HILLSIDE RESIDENTIAL PROPERTY LOCATED AT 72-000 CHUCKAWALLA WAY (APN IS 652-090-001). CASE NO. PP/HDP 13-198 WHEREAS, the City Council of the City of Palm Desert, California, did on the 279' day of February 2014, hold a duly noticed public hearing to consider the request by Mike DeCotis, Pinnacle International Realty Group, for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 21 st day of January 2014, hold a duly noticed public hearing and recommended approval to the City Council of the request by Mike DeCotiis, Pinnacle International Realty Group, for approval of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2013-16, in the Director of Community Development has determined that the proposed project includes the adoption of a Mitigated Negative Declaration of Environmental Impact as it relates to the project (Exhibit "A"), pursuant to section 15074 of the Califomia Environmental Quality Act (CEQA). Mitigation measures required to minimize environmental impact are fully described in the attached Mitigated Negative Declaration; 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, which are outlined in the staff report reasons to approve the said request: 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 for approval of the City Council in this case. 2. That the City Council does hereby approve PP/HDP 13-198. RESOLUTION NO. 2014-13 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27th day of February 2014, by the following vote, to wit: AYES: HARNIK, SPIEGEL, WEBER, and TANNER NOES: BENSON ABSENT: NONE ABSTAIN: NONE /. • VAN G. TANNER, MAYOR ATTEST: RA LLE D. KLASSEN, N, TY CLERK ) CITY OF PALM DESERT, CALIFORNIA G.\Planning\Kevin Swartz\Word1PP HDP 13-198 Mike DeCotrs\Final CC Res RESOLUTION NO. 2014-13 CONDITIONS OF APPROVAL CASE NO: PP/HDP 13-198 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. 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. 3. 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 Building & Safety Department City Fire Marshal Public Works Department Riverside County Transportation 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. 4. 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. 5. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 6. Any proposed change to the project request will require an amendment, which will result in a new public hearing. 7. The applicant is responsible to obtain all necessary permits and approvals from the County of Riverside to pave the portion of Chuckawalla Way that is currently a dirt road, which provides access to the site. The applicant must submit and improve the dirt road to the County street standards prior to issuance of a permit of occupancy. 8. The proposed project shall be required to abide by the City's outdoor lighting standards. A lighting plan must be submitted as part of the construction plans and approved prior to development. G\Planning\Kevin Swartz\Word\PP HDP 13-198 Mike DeCotis\Final CC Res RESOLUTION NO. 2014-1 3 DEPARTMENT OF PUBLIC WORKS: 9. Prior to grading permit issuance the applicant shall submit grading and landscape plans for review and approval by the Public Works Department. sir 10. In accordance with Palm Desert Municipal Code Section 27.12.056 the applicant shall retain the stormwater from a one hundred year, twenty-four hour, duration storm on site, if proposed developed onsite area is one acre or more. 11. If proposed construction activity disturbs one acre or more, prior to grading permit issuance the applicant shall 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. 12. If proposed development creates 10,000 square feet or more of impervious area, the applicant shall submit a final Water Quality Management Plan (WQMP) for approval prior to grading permit issuance. 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. 13. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. Access drive, the dirt road portion of Chuckawalla Way, and pad parking shall be paved or sealed to conform with PM10 regulations. 14. In accordance with Palm Desert Municipal Code Section 25.15, all manufactured slopes shall be planted or otherwise protected from the effects of storm water runoff and erosion. 15. The applicant shall 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, Chapter 24 section 4. 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. 16. Any deviation from the approved plans shall be reviewed for approval by the City Engineer prior to work commencing. G:\Planning\Kovin Swar1z\Word\PP HDP 13-198 Mike DeConsTrnal CC Res RESOLUTION NO. 2014-13 DEPARTMENT OF BUILDING & SAFETY: 17. This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. 2010 California Green Building Standards Code G. Title 24, California Code of Regulations. H. 2010 California Fire Code and its appendices and standards. 18. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 19. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 20. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1217 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. 21. Local School District "Square Footage Verification Forms" will be required before permit issuance. For questions regarding applicable school fees, please contact either: • Desert Sands Unified School District: (760) 771-8515 http://web 1. dsusd. k 12. ca. us/BusinessServices/Facilities/Pages/DeveloperFees. aspx • Palm Springs Unified School District: (760) 416-6159 Palm Springs Unified School District : Developer Fees 22. Transportation Uniform Mitigation Fees (TUMF) will apply for this project. Please consult Karen Doyle, Permit Specialist II, within the Department of Building and Safety for further information. a\Planning\Kevin Swartz\Word\PP HDP 13-198 Mike DeCols'Final CC Res RESOLUTION NO. 2014-13 FIRE DEPARTMENT: 23. GATES - Gate openings shall be as wide as the minimum 20 foot required width of the access lane(s) entering and exiting the development. Gates shall be located at least 35 feet into the development property to allow a vehicle to stop without obstructing traffic on the road. (General Condition). 24. CONSTRUCTION ADDRESS - The site address shall be clearly posted at the job site entrance during construction. This will enable incoming emergency equipment and inspectors to locate the job site from the assigned street. Numbers shall be a minimum of 24 inches in height. (General Condition). 25. ROOFING - All buildings shall be constructed with Class B roofing material as per the California Building Code. (General Condition). 26. REVIEW FEE - Building/Tenant Improvement plans have been reviewed; however, a separate plan check fee shall be paid to the City of Palm Desert, at the Building Department counter, at time of pick-up. (Prior to Building Permit Issuance). 27. WATER PLANS - Applicant and/or developer shall separately submit two (2) sets of water system plans to the Palm Desert Fire Marshal's office for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Marshal review and approval. Mylar will be signed by the Fire Marshal after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Marshal's office before release of a building permit. (Prior to Building Permit Issuance)_ 28. WATER CERTIFICATION - Applicant and/or developer shall be responsible to submit written certification from the water purveyor noting the location and type of existing fire hydrant(s) and that the existing water system is capable of delivering 1500 gpm fire flow for a 2 hour duration at 20 psi residual operating pressure. If a water system/hydrant(s) currently does not exist, the applicant and/or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. (Prior to Building Permit Issuance). 29. INSTALL FIRE SPRINKLERS - The fire sprinkler system within the building or tenant space was approved for the original layout and commodities of the original or a past occupancy. The sprinkler system will need to be modified and designed in accordance with adopted standards. A licensed C-16 contractor shall do all sprinkler work and/or certification. Plans shall be submitted to the Fire Marshal's office for review and approval prior to installation. (Prior to building final inspection). 30. GATES - Gate(s) shall be automatic or manual operated. Install Knox key operated switches with dust cover, installed mounted as recommended by the Knox Company. Plans must be submitted to the Palm Desert Fire Marshal's office for approval of mounting location/position and/or operating standards. Special forms are available from this office for ordering the Key Switch. (Prior to building final inspection). mai ewe 31. FIRE LANES - Applicant/developer shall prepare a site plans designating required fire lanes with appropriate lane paintings and/or signs. Plans must be submitted to the Fire �. G:Wlanning\Kevin Swartz\Word\PP HDP 13-198 Mike DeCotis\Final CC Res RESOLUTION NO. 2014-1 3 Marshal's office for review and approval. (Prior to building final inspection). 32. EXISTING FIRE LANES - Existing fire lanes shall be maintained and additional fire lanes �,. may be required. Contact the Fire Marshal's office for guidance and any plan requirements. (Prior to building final inspection). 33. ADDRESS - Display street numbers in a prominent location on the address side of building(s) and rear access if applicable. Numbers and letters shall be in accordance with the Palm Desert Municipal Code Chapter 15.28 Table 15.28.020A. All addressing must be legible, of a contrasting color with the background and adequately illuminated to be visible from the street at all hours. All lettering shall be to Architectural Standards. (Prior to building final inspection). 34. SUBJECT TO FIELD INSPECTION - Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. G.\Planning\Kewn Swartz WordPP HDP 13-198 Mike DeColis\Fnal CC Res RESOLUTION NO. 2014-13 EXHIBIT "A" MITIGATED NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. CASE NO: PP/HDP 13-198 APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Consideration of adoption of a Mitigated Negative Declaration of Environmental Impact; and approval of a new 4,000-square-foot single-family home including a 473-square-foot detached garage on a hillside residential property located at 72-000 Chuckawalla Way (APN is 652- 090-001). 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 the document with 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. G:\Planning\Kevin Swartz\Word1PP HDP 13-198 Mike DeCotis\Final CC Res