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HomeMy WebLinkAboutCC RES 2019-09RESOLUTION NO. 2019-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE A 7.7-ACRE PARCEL INTO FOUR RESIDENTIAL LOTS THAT WILL BE PART OF STONE EAGLE DEVELOPMENT, AND A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT) LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN: 652-090- 002); AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NOS: TPM 37336 and DA 02-01 Amendment No. 3 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February 2019, hold a duly noticed public hearing to consider the request by Eagle 605, LLC, for approval of the above -noted project request; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January 2019, hold a duly noticed public hearing to consider the request by Eagle 605, LLC, for a recommendation to the City Council for approval of the above -noted project request; 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, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Mitigated Negative Declaration can be adopted; and WHEREAS, the proposed project conforms to the Subdivision Map Act; 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 staff report, 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 proposed parcel map falls within the Rural Neighborhood (R-H) designation of the General Plan. The intent of R-H designation is to provide reasonable development opportunities while protecting natural and scenic resources. The R-H allows for zero to one unit per five acres. The gross project encompasses 710 acres and as proposed will RESOLUTION NO. 2019-09 be allowed 61 total units, including the proposed four (4) lots which equates to a total density of one dwelling per 11.5 acres of gross land. There is no specific plan for this area. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Limiting grading and protecting natural resources are goals of both the City's R-H General Plan Designation and the City's Hillside Planned Residential (HPR) zoning district. As proposed, this project accomplishes two goals by reducing the overall number of units within the Stone Eagle Development, and by designing the proposed development into the existing terrain of the hillside such that grading is minimized. There is no specific plan for this area. 3. That the site is physically suitable for the type of development. The vacant property is located within the City of Palm Desert and located adjacent to the existing Stone Eagle Development. The site has vehicle access points via Old Stone Trail. The pads have been located to blend with the natural terrain of the property to the greatest extent feasible. Similar sites have been successfully developed as single-family homes as is proposed here, demonstrating that these sites are physically suitable for the proposed development 4. That the site is physically suitable for the proposed density of development. The proposed 7.7 acres is physically suitable for residential development with accessibility through Stone Eagle Development and proposed access roads. Utilities are available in the vicinity, and the small footprint of these residential units fit easily into the rugged terrain of the hills, tucked under the elevation of adjacent ridgelines. 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 Mitigated 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 parcel map and four residential lots 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. 2 RESOLUTION NO. 2019-09 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 construct retention basins for the project. The parcel map identifies the use of this area, and the applicant is responsible for the maintenance of the retention. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete minor improvements along Old Stone Trail. 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 project as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 14th day of March 2019, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Ra Helle D. KTassen, City Clerk City of Palm Desert, California Susan Marie Weber, Mayor 3 RESOLUTION NO. 2019-09 CONDITIONS OF APPROVAL CASE NOS: TPM 37336, DA 02-01 Amendment No. 3 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. That all conditions of approval as part of Development Agreement 02-01 (as amended) shall apply to this application. 3. The applicant shall record Parcel Map 37336 within two (2) years of project approval, unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 4. 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. 5. 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. 6. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 7. 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. 8. 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 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. 4 RESOLUTION NO. 2019-09 9. The 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. The project shall be subject to all applicable fees at the time of issuance of building permits including, but not limited to, Art in Public Places, Multi -Species Habitat Conservation Plan, TUMF, School Mitigation fees, and Housing Mitigation fees. 11. The applicant shall re -naturalize to the satisfaction of the Director of Community Development any and all disturbed hillside area of the project with native landscaping and materials to blend the project into the natural terrain. 12. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 13. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment shall be incorporated into the planning, design, development, and operation of the project. 14. Final landscape plans shall be submitted to the City's Department of Community Development and the CVWD for review and approval. The landscape plan shall conform to the landscape palate contained in the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and trees shall be a minimum of 15- and 24-inch box sizes. 15. The applicant shall use their best effort to obtain the necessary easement/right-of-way for the construction of the 10-foot wide decomposed granite bike path from Calle De Los Campesinos to Cholla Way. The applicant shall also assist the City to obtain a necessary easement from appropriate owners by providing the City with legal description and plat by a registered land surveyor/civil engineer. 16. Before the parcel map records, the applicant shall execute the annexation agreement between them and Stone Eagle Development. 17. The future homes will be subject to the development standards established with Development Agreement 02-01. 18. The applicant shall record Development Agreement 02-01 Amendment No. 3 prior to, or concurrent with recording of the parcel map. 5 RESOLUTION NO. 2019-09 19. Grading: Prior to issuance of grading permit, the developer shall field locate the pads with Community Development staff to ensure all compliance with the approved preliminary plans, and outcroppings are preserved. • Developer shall notify staff when initial grading commences and staff shall be on - site to inspect, adjust, or modify to ensure compliance with the intent and purpose of the Hillside Planned Residential Zone. Re -Naturalization / Landscaping: Each home developed shall submit a detailed re -naturalization and landscaping plan that blends into the surrounding topography and landscaping to the extent possible. Applicant shall avoid using non-native plant species or materials that are vertical in nature that unnecessarily draw attention towards the hillside. • Developer shall notify staff when final grading and landscaping commences and staff shall be on -site to inspect, adjust, or modify to ensure compliance with the intent and purpose of the Hillside Planned Residential Zone. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the parcel map: 20. The parcel map shall be submitted to the City Engineer for review and approval. 21. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 22. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 23. 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 PDMC and Palm Desert Ordinance Number 653. 24. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the recordation of the parcel map. Prior to the issuance of a grading permit: 25. The applicant shall 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 work commencing. 26. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 6 RESOLUTION NO. 2019-09 27. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 28. The applicant shall submit a final Water Quality Management Plan (WQMP) for review and 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 a 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. 29. Pad elevations, as shown on the tentative parcel map, are subject to review and modification in accordance with Chapter 27 of the PDMC. BUILDING AND SAFETY DEPARTMENT: 30. This project shall comply with the latest adopted edition of the following codes. A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 31. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 32. An accessible access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 33. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 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. 34. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 35. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 36. 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. 7 RESOLUTION NO. 2019-09 FIRE DEPARTMENT: 37. Fire Department Plan Review. 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 California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 38. The project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 39. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the 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. 40. Fire Department water system(s) for fire protection shall be in accordance with the 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. 8