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HomeMy WebLinkAboutCC RES 2015-55RESOLUTION NO. 2015-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A DEVELOPMENT AGREEMENT, A CHANGE OF ZONE TO ESTABLISH A HIGHER DENSITY, A PRECISE PLAN OF DESIGN, AND TENTATIVE TRACT MAP 36874 TO SUBDIVIDE 15.52 ACRES INTO 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES LOCATED AT 38-400 PORTOLA AVENUE CASE NO: DA/CZ/EA/PP 15-15 AND TTM 36874 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of April, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted and adopted Planning Commission Resolution 2648 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of June, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted Development Agreement; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; 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, which are outlined in the Development Agreement and staff report, exist to justify approval of said request: FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Resort Commercial in the General Plan. The parcel was part of the Desert Willow Master Plan. The master plan identified this property for a hotel or timeshares. City staff reviewed the Desert Willow Master Plan and determined that the interior parcels of Desert Willow were better suited for hotel or timeshare uses since they are centrally integrated into the overall property, and that this parcel was better suited for a higher end residential development since the property frontage is not within Desert Willow Resort. The project density of 8 du/acre is lower than what a hotel or timeshare project would be. The proposed density is in keeping with the surrounding developments. RESOLUTION NO. 2015-55 The General Plan Land Use Element Residential Goal 1 proposes that "The City provide a balanced range of housing types, densities that accommodate existing and future residents across all socio-economic sectors of the community." Goal 2 proposes "A diverse resort residential community of desirable residential neighborhoods." The General Plan Land Use Element Residential Policy 5 states, "The City shall consistently apply principles of land use compatibility optimizing the ability of proposed development to complement adjoining planned and existing land uses': The project complies with the General Plan and the density is consistent with the City of Palm Desert Comprehensive General Plan. There is no specific plan for the subject property. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor road work for a median within Portola Avenue is needed. All internal project streets that serve Tentative Tract Map 36874 conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The 15.52 acres is suitable for the development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions 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. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with surrounding development. The property allows for 5 du/acre, and the project has a density of 8 du/acre. Directly west of the property is an approved project for 159 single-family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive is multiple housing developments zoned P.R.-5 du/acre. These developments are multiple tract maps consisting of 16 single- family residential lots ranging from 8,000 to 11,000 square feet. These developments are geared to attract the first time home buyers and families. The proposed buildings RESOLUTION NO. 2015-55 only occupy 23 percent of the property, while 44 percent will be landscape area. The density of 8 du/acre is necessary to carry out the vision of an upscale resort project. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses and a golf course. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. 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 proposed project will utilize an existing retention drainage basin located along the southern boundary of the project. The tract map identifies the use of this area, and the applicant is responsible for the maintenance of the retention basin outlined in the DA. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete a median for a left turn lane within Portola Avenue. Pedestrian connections to Desert Willow Golf Course will also be provided throughout the project area. NOW, THEREFORE, BE IT ORDAINED 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 approves the Development Agreement, Change of Zone, Negative Declaration of Environmental Impact, Precise Plan of design, and Tentative Tract Map 36874 as proposed. RESOLUTION NO. 2015-55 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27 "' day o$ ugusc 2015, by the following vote, to wit: AYES: HARNIK, SPIEGEL, and WEBER NOES: NONE ABSENT: JONATHAN and TANNER ABSTAIN: NONE Susan Marie Weber, Mayor ATTEST: HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2015-55 CONDITIONS OF APPROVAL CASE NOs: DA/CZ/EA/PP 15-15 and TTM 36874 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. The applicant shall record Tract Map 36874 within two (2) years of project approval. Construction of improvements, in accordance with the approved Development Agreement, shall commence within two (2) years from the date of 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 and limitations set forth herein which are in addition to the approved project and 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 Fire 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. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on site during ground disturbing activities. 7. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a RESOLUTION NO. 2015-55 determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 9. 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. 10. Developer shall enter into a recordable Development Agreement to memorialize these and other conditions stated within the Development Agreement placed on the project. 11. The Final Development Agreement shall be recorded within ten (10) days of final approval of the project by the City Council. 12. The project shall have a density of 8 dwelling units per acre. 13. The project shall have a maximum building roof height of 30 feet. 14. Developer shall install a 6-foot high slump stone block wall along the Portola Avenue frontage of the Retention Basin. The wall must match the color, texture, width, and flagstone columns of the block wall at the existing Desert Willow perimeter.. 15. Developer shall install double metal gates to provide access from Portola Avenue and the Retention Basin and related improvements. 16. Developer shall install and maintain desert landscaping in front of the perimeter block wall and transfer the responsibility to the Homeowners Association (HOA) and/or include such maintenance as an obligation of the HOA pursuant to the CC&Rs. Maintenance shall be in accordance with the City of Palm Desert Landscape Maintenance Guide. 17. Developer shall plant trees on the south side of the Retention Basin to screen the maintenance building. 18. Developer shall maintain the retention basin, including the retention basin slopes, drywells, walls, and perimeter trees and other underground drainage appurtenances within the retention basin. The Developer may transfer the responsibility to the HOA. 19. Developer shall provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, Golf Hole No. 6. RESOLUTION NO. 2015-55 20. All homeowners (two per household) upon closing on their units automatically become the equivalent of Academy Golf Members and Platinum Club Members at the City owned Desert Willow Golf Resort for a monthly fee of $75.00. • Golf Academy Membership and Applicable Discounts and Benefits • Unlimited Use of Academy Practice Facility • Platinum Club Membership and Applicable Discounts and Benefits • Private Golf Cart Access Throughout Resort 21. An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $ per square foot. (The dollar amount is currently blank since the City Council has not established the fee. The City Council will discuss this topic at its April 23, 2015, meeting. The amount of the fee will be established before the DA is considered by the City Council.) 22. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 23. The findings in the CEQA Negative Declaration of Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 24. The tract map shall be submitted to the Director of Public Works for review and approval. 25. CC&R's shall be submitted before or concurrently with the final map for review and approval and shall record with the final map. 26. Prior to City Council approval of the tract map the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvements shall include; but are not limited to: • Construction of a right turn pocket on Portola Avenue. • Modification of the landscaping in the existing median at Portola Avenue to account for the line of site for cars turning left into the subdivision. • Landscape the perimeter of the retention basin. 27. The applicant shall dedicate right of way at Portola Avenue as required by the Director of Public Works. RESOLUTION NO. 2015-55 28. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 29. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 30. The applicant shall pay park fees in accordance with Government Code 66477 of the Subdivision Map Act. 31. The applicant shall submit clearance/non-interference letters from all utility companies. 32. The applicant shall be responsible for the maintenance of the offsite retention basin. Prior to the issuance of grading permits the applicant shall: 33. 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 commencing work. 34. 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. 35. 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. 36. 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. 37. 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. RESOLUTION NO. 2015-55 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. 38. Identify all proposed and existing utilities on the precise grading plan. 39. 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. 40. 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 BUILDING AND SAFETY DEPARTMENT: 41. This project shall comply with the latest adopted edition of the following codes. A. 2013 California Building Code and its appendices and standards. B. 2013 Califomia Residential Code and its appendices and standards. C.2013 Califomia Plumbing Code and its appendices and standards. D.2013 Califomia Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2013 California Energy Code. G.2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. 42. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 43. An accessible access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 44. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 45. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 46. All common use facilities, areas, amenities, etc are required to comply with Chapter 11 B of the California Building Code. RESOLUTION NO. 2015-55 47. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 48. 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. 49. 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. 50. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 51. 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. IMO ..n PIM FIRE DEPARTMENT: ••• 52. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the Califomia Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 53. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a 2-hour duration for single family dwellings provided in (CFC Appendix B). 54. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. RESOLUTION NO. 2015-55 55. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 56. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed Toads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 57. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not Tess than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not Tess than 13 feet and 6 inches. 58. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi -family developments. 59. Dead end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. 60. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 61. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 62. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 63. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. 64. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel.