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Home My WebLink AboutCC RES 2014-15CITY COUNCIL RESOLUTION NO. 2014-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO REMOVE CONDITION OF APPROVAL NO. 9, WHICH REQUIRED THE DEVELOPER TO ENTER INTO A HOUSING AGREEMENT WITH THE CITY OF PALM DESERT FOR PP/CUP 05-22 AND TT 34179, AND AUTHORIZE THE MAYOR TO EXECUTE THE RELEASE OF THE EXISTING HOUSING AGREEMENT BETWEEN THE CITY AND THE DEVELOPER CASE NO: PP 14-010 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 18th day of February, 2014, hold a duly noticed public hearing to consider the request by GID Monterey, LLC, and recommended approval of the above noted request to the City Council; 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. 2013-16, and the Director of Community Development has determined that the removal of Condition No. 9, requiring a housing agreement, will not have an impact on the physical environment, and that the installation of rooftop solar and its associated equipment is statutorily exempt from CEQA review; and WHEREAS, the removal of Condition of Approval No. 9 for PP/CUP 05-22 and TT 34179 will not substantially depreciate property values in the vicinity and would not unreasonably interfere with the use or enjoyment of property in the vicinity by occupants, and that the removal of said condition will not have a negative impact on the public peace, health, safety, or general welfare; and WHEREAS, housing market conditions have changed such that the elimination of the housing agreement requirement will not result in a loss of affordable housing units in this portion of the community; and WHEREAS, the installation of solar energy systems on communal property and 45 future units within the Monterey Ridge residential condominium development will off -set electrical usage of communal facilities and private residences, will result in a community benefit to Monterey Ridge residents, and supports City goals and policies for reducing energy consumption; and WHEREAS, the existing housing agreement between the City and the developer authorizes the Mayor to execute the release and termination of the agreement; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: CITY COUNCIL RESOLUTION NO. 2014- 15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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 Precise Plan 14-010 as proposed, and authorizes the Mayor to execute the release of the existing Housing Agreement. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of March 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BENSON,HARNIK, SPIEGEL, WEBER and TANNER NONE NONE NONE VAN G. TANNER, MAYOR ATTEST: RA ELLE D. KLASSEN, Y CLERK CITY OF PALM DESERT, CALIFORNIA G \Planmmng\£nc Ce1a\Case Fdes\PP\PP 14-010 Monterey Ridge\PP 14-010 - Gty Counal Resolution docx 2 CITY COUNCIL RESOLUTION NO. 2014-15 CONDITIONS OF APPROVAL CASE NO. PP 14-010 Department of Community Development: 1. The applicant shall install photovoltaic panels on the clubhouse and common area buildings for the Monterey Ridge project. The photovoltaic system shall generally conform to the exhibits on file as part of this application. 2. The applicant shall install photovoltaic panels on 45 of the remaining units to be built. 3. All Conditions of Approval related to PP/CUP 05-22 and TT 34179 still apply to the project with the exception to Condition No. 9. which is removed as part of the approval of PP 14-010. G \Planning\Enc Ceta\Case Rles\PP\PP 14 010 Monterey Ridge\PP 14-010 • Gly Counul Resolution docx 3 CITY OF PALM DESERT COMMUNITY DEVELOPMENT / PLANNING INTEROFFICE MEMORANDUM To: Rachelle Klassen, City Clerk From: Kevin Swartz, Assistant Planner Date: March 5, 2015 ma 0 e "3-4 EAD ��. Min Dm- r*s �o rn Nam rn o 74 0 .. C7 -rt nr, rn Subject: Monterey Ridge amended Conditions of Approval to Precise Plan 14-10 by Resolution No. 2104-15 On March 13, 2014, the City Council approved PP 14-10 by Resolution No. 2014-15, amending project PP/CUP 05-22 and TT 34179 (Monterey Ridge). The approval removed Condition of Approval No. 9, which required the developer to enter into a housing agreement with the City of Palm Desert, and authorized the mayor to execute the release of the existing housing agreement between the City and the developer. The City Council added new conditions to the project since the developer removed the housing agreement. The City Council required the applicant to install solar panels on the clubhouse. Below are the conditions of approval: 1. The applicant shall install photovoltaic panels on the clubhouse and common area buildings for the Monterey Ridge project. The photovoltaic system shall generally conform to the exhibits on file as part of this application. 2. The applicant shall install photovoltaic panels on 45 of the remaining units to be built. 3. All Conditions of Approval related to PP/CUP 05-22 and TT 34179 still apply to the project with the exception to Condition No. 9. which is removed as part of the approval of PP 14-10. The applicant is now requesting to modify Condition of Approval No. 1. The applicant states that the solar panels were to be installed towards the end of the project construction, and there is a current opportunity to install a solar system for the clubhouse swimming pool. The applicant is requesting the condition to allow either solar system. Per Palm Desert Municipal Code Section 25.72.030L.2. Amendment to a precise plan states, "The Director may approve in writing on the approved precise plan minor modifications without the benefit of public hearing when such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan, and so long as the modification would not affect any other condition of approval." City staff has reviewed the applicant's request and finds by installing either the solar panels on the clubhouse or a solar system for the clubhouse swimming pool is acceptable. Furthermore, the amendment to the condition would not adversely affect the public interest of owners of neighboring properties or alter the plan. The applicant would still be installing a solar system. Below are the amended conditions of approval. 1. The applicant shall install photovoltaic panels on the clubhouse, or a solar pool heating system for the clubhouse pool. Either solar option must maintain a minimum of 30,000 watts for the Monterey Ridge project. 2. The applicant shall install photovoltaic panels on forty-five (45) of the remaining units to be built. 3. All Conditions of Approval related to PP/CUP 05-22 and TT 34179 still apply to the project with the exception to Condition No. 9. which is removed as part of the approval of PP 14-10. If you have any questions or need additional information, please contact me. Submitted By: )(1 Kevin Swartz, Assistant Planner Approved By: Lauri Aylaian, Director of Community Development cc: Mark Greenwood, Director of Public Works Russell Grance, Director of Building and Safety Dave Erwin, City Attorney G:\Planning\Kevin Swartz\Word\ ,emo Montery Ridge condition of approval.doc 2