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HomeMy WebLinkAboutCC RES 2016-72RESOLUTION NO. 2016-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 33719 TO MODIFY FIRE DEPARTMENT CONDITION OF APPROVAL NO. 7, AND TO REVISE APPROVED PAD HEIGHTS FOR A 159-LOTS RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE CASE NOS: TTM 33719 Amendment No. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5111 day of July 2016, hold a duly noticed public hearing to consider the request by TTLC Catavina Investors, Inc. and adopted Resolution 2674 recommending approval of the request to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28`h day of July, hold a duly noticed public hearing to consider the request by TTLC Catavina Investors, Inc.; and WHEREAS, the City Council Resolution 06-066 adopted a negative declaration for the proposed subdivision and that the amendment to the map will not create additional Tots, will not significantly change the approved street or lot configuration, and is consistent with the originally approved Tentative Tract Map. As such, the adopted Negative Declaration of Environmental Impact is valid and approval of an amendment to this map will not result in significant impacts to traffic, noise, air quality, or water quality. 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. 2015-75, the Director of Community Development has determined that the project to amend the map will not have a negative impact on the environment; 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: FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the approved tentative tract map is consistent with the approved densities of nine (9) units per acre for the single-family home site and the General Plan Land Use Designation of Residential Medium Density of 4-10 units per acre. The City Council approved a General Plan Amendment in 2006 and the amendment to the map is consistent with that approval, in that the amended map does not increase the total number of lots within the project site. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. CITY COUNCIL RESOLUTION NO. 2016-72 The design and improvements of the subdivision have been reviewed by the Planning Department and Public Works Department for consistency with the General Plan. The lot sizes and drainage patterns meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. Internal project streets conform to City standards and are consistent with adjoining residential developments. 3. That the site is physically suitable for the type of development. The 18.67-acre project area is located in an area predominately developed with single-family residential communities that have successfully constructed similar types of development. 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. 4. That the site is physically suitable for the proposed density of development. The project area is located in an area predominately development with existing single-family communities to the south, north, and east. The proposed density for the single-family site at nine units per acre is consistent with surrounding residential communities and the site's zoning designation. The infrastructure, soils, and terrain serving the development will adequately support these densities. 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 was adopted by the City Council. The proposed amendment does not substantially alter the approved tentative tract map, nor does it create any additional lots. 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 densities and limited wildlife is present at the site. 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 subdivision 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 smaller retaining walls, which break up the need for single taller walls, which may enclose private yards and impact public health. In addition, pedestrian access is provided to surrounding roadways and communities, which decreases the need for vehicular traffic between adjoining communities. 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. ..n .r MO .s MO The proposed subdivision will be developed as a private gated residential community and will not impact any public easements as part of the subdivision. In addition, the .r CITY COUNCIL RESOLUTION NO. 2016-72 surrounding City streets are built -out to the General Plan designated width and will provide access to the project area. 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 the proposed amendments to TTM 33719, subject to conditions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 28th day of July 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: a RA ELLE DLASSE , ITY CLERK CITY OF PALM DESERT, CALIFORNIA )( OBERT A. SPEIGL, 3 CITY COUNCIL RESOLUTION NO. 2016-72 CONDITIONS OF APPROVAL CASE NO. TTM 33719 AMENDMENT NO. 1 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. Construction of a portion of the project shall commence within two (2) years from the date of final approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. All Conditions of Approval adopted in Resolution 06-066 shall apply to this amended map, expect Fire Department Condition No. 7 which shall be modified to read as follows: 7. Fire Department emergency vehicle apparatus access road locations and roadway design shall be in accordance with California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 4