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HomeMy WebLinkAboutRes 06-63 TM 31836-1 Dahoon Investment CompanyREQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Adopt Resolution #06-63 Approving Tract Map 31836-1 R. Page Garner, Senior Engineer/City Surveyor Dahoon Investment Company, Inc. 77200 California Drive Palm Desert, CA 92211 May 11, 2006 Resolution, Conditions of Approval, Vicinity Map, Tentative and Final Maps >4aw=EiCcnwHH E+WU wwwel) uaa: By minute motion, waive further reading and adopt Resolution No. 06-63, `4 Z approving Tract Map 31836-1. Discussion: Tract 31836-1 is located throughout Palm Desert Country Club within various parcels between Fred Waring Drive and Hovley Lane East. This first phase map provides for the creation of 41 single-family residential Tots within approximately 5.2 acres. The tentative map was approved by City Council on June 24, 2004 and will expire in June 2006. Those conditions of approval related to the map have been satisfied. This map conforms to the requirements of the Subdivision Map Act and City ordinance and it is substantially the same as it appeared on the tentative map. Staff recommends adopting the attached Resolution for the approval of the subject map. Submitted By: < c. R. Page Garner, L.S. Sr. Engineer/City Surveyor Approval: H m Croy ACM for Develop ri f t Services /rpg/dhl Mark Green ood, P.E. Director of Public Works Carlos Ortega City Manager G:1PubWorkskStaffReports120061May 11110Approve TM 31836-11Approve Tract Map 31836-1.doc RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF TRACT NO. 31836-1 AND APPROVING THE AGREEMENT RELATING THERETO. BE IT HEREBY RESOLVED, by the City Council of Palm Desert, California, as follows: (1) The Subdivision Map of Tract 31836-1 of City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to conditions of the Tentative Map. (2) The Mayor and City Clerk are authorized to execute on behalf of the City a Standard Subdivision Agreement guaranteeing completion of the public improvements required by law. (3) The City Engineer is authorized to receive the improvement security, as required by law, on behalf of the City, subject to the approval of the City Attorney as to form. (2) The City Engineer is directed to process the Tract Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, and ADOPTED by the City Council of the City of th Palm Desert, California, on this 11 day of May, 2006 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JIM FERGUSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: ______________________________ RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 na�n��Po VNESSO INS IN IF AND FENNER, F SAID rx.: AR ITIL I ....: xawa IIi'rxil`Ifrxc mmxnrc Nof wwic'i:we.'w i:m:urn .awe ..a, AT oe.: q ® C, w:Iazz IS IA, ---- __----- _ w.r. wucuan AN IN inx nr.o _ Amear.ezvmu�uam ST. OF CALIFORNIA I `rta .�a"STA ER, m INSIES'.Lr(xr. n. v.w FINAL, OF NITTAID, FIT ANT, AIDrEfF TAINT NAA, x¢c¢uauw z>9zva 1TATE OF IFNI'. __— —III, IC m NNE ma—INEIT',"c: 'oiu IN iK sic ix'"�RN I ------------------ NOTANT PLILIC I" A" IN SAID STITT amvenw OFAMELARAT IT NOTICED �11 nns roarAX MA AVAID9 TININret .w.C.1 s rK Y" aINVOIa DISTANT. NET NASA, CAN NINE vIrrux x.s °''wus�rc. aewvz m ar.ssa.nAS TOD MANT, — `ADVANCE NO iCOAL woiwz°.cewzw�nc`asre1.11"Cl 11m rimcwx_� c°w'o°1.°:.O1IKK I AND :rflCN-- OF MEwu ORI' 17NECiREFF`a°irozniaz u"ECvUSav`zww,, ORI. NEARAN ITS 1111 OR 11111INT TV ONVARN NE STRICT _amiss �:u w`. a wax zm IT —CIA.xlw ... ai AN . my NAIR ss a wine —' I -N "T""a IT w .wv rwv° TRACT R, ANCIENT AN SAIRECTIME OF IND CITY CONSIL ON . El, MAN, INA :I, ,CRANa. � .11 enw . e..:ava .+v I .. mnzr�m razz A. wrm —_—____. crow OLDER . STAFF ED CALCTERNIA, PRINT STATE THAT EA!D Y CONVASSIL AT IT'S _ __ r°w.ragm. , �_� a.11 im s`wsn OF ..ui rcxxar N raac.. mN1. —1 amvm° m Nrc acme v wIS sna. wrD rTRAINED � Dw uw:.v..pazr rAL ORre ..vrnry Nwa w u NINON aw'"rw COLLECTOR AS CART amPIC.wc � a`.�"`CTIMATOCAL TARN wee m�eC�_m ::_rc: wrn _ DEN wCORNELL LDCNw IN Tc—ms ."AN NEVwav �mw.�NxoA,as w rac w s+, ON, 11.1 VAT " AT IN FIND DIF rILIW OF TANS w:iw iK MEANT'ac w "acrvai A DICH TAX mn:.e¢m, uwr. .. I n e °ice"�.m:`a°v :ucn"mAD EFTMAN fI.iimwai: n IN wv IS ON n.D .r uD CITY OF .N.N C<amr. FA mG n�o�z°O'EANNEI z:.BINOR �N°'Ica"�arz'au.:`w . rr PLAL I WILS11I IINVENT INDICATED TV NE PLIALIC CAN TRACT IN A', IN "I AS 'IT -,AC:lCA OFFICIAL INSISTED —TO VIIIIII. 1 aIANANwr. A,a N .s.. ITIAL Rz`Nvs "`" ma....... IS A' WIN ALCAARi ALL LET LINES FAINT DIRECT NOTIFIED LINES VAN rw:u`uRD aw.axw IS.10STIATECT FICTINTARD LINES AND TRACT INARNANT LINES IN TRACT AN 10?1 el ZMEW Igh ggn 1' 110IT to _14 r a ggpp 0�1 q�p5 gg� gg� g� �p g�° 5 AIIE � /[Ji �yl ' C � , lflflr.�rrmm•• mr•mrr 9 ® ® b Eya j R, '1" .yk k*•, fFH#Ha�++HyytµH HHH+H+#YHJ+H1 +� �U E1. ty Y��i ] F.Sfa _"'u±u'a.•u wrruiuiu ��@� E�Ei E+ � E ] mE E] n�• tie a e k��i E 's 3�s�'F`' `�•� 9,3r E MON It vy 6�wwrY,a ww� a�� Iyy I i den ppg P @ i NRa p Ia $g asp v�A A� �3 �q�i "a v a $ g l g3®3®= a�H 14 11 1. 1 1,i @ 6 Ran i IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 I iVH➢MOAN 0I IY}5 4 ; 4 4 J0. IL IL J0. 10. P. Y; Y4 YY. Y4 ]0. 9 CJ JA JA FaL9JmS YH. JW) MD R6 MIAIN dM PVAM[f(WI%3SCJAN If rWUIIJX � AV➢J SV' JS �PVM16.P Ol IT< FLWS C dlYl'. 9Yl eHWAA0A0 ImfWIH �m O A JWE � rtFID¢ A II/tVTIDt GS .JII LVI/P? TLI l.ln .iv r,ViJ i �� I I a NS-A �R�41�R W 21)]al 1 �"��J 111. /YV. xers,__ S r i.vi w O.SE I rmMiW��SEiNOM1bW- a�r rnT LV/ rf O.SE 6z l) My,YYS 0 i0 'r:C iri...ti5 e,`a. snP4w n�i� �rc���rws' ,ao-e5 -0'\\ ter' fl:n � oum r L�9 �mwi'wnn Ara re 357 ..ter 35= LOT ._ �\ y .\\ r.�r .10 `\ 1�\ ,i. ,,oi •\dt a°p `�'. tyy s O.SE 10 vs' 10 i �'�" n.v„�f�po>` rrv:^ $ uss sP. R. •yJ 6°t me 1A'?-J5 \\ nC irJ--35 �'�E L�r '3 10 .woom 0..5.E t �d;�atl'd8�8 \ WB \ 3:: la I_______. �avcz_I_______ r I IN THE CITY OF PALM DESERT, COUNTY ""' 4 ""�"' OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 n°i rnr oL°ms w mox an°. a ca a 'iiw14w'x'' ie°w"2 `cui rc"'or � wrvv vma mo'mO1um� usr avurrm or amrox n .xn w iw a9vm a.ar avmm ar LYfNC w fl 1OT91� 6 W VIf[ NLES e'EtT. YN HHw�5P0 IRIwW[ �. mmw�um SVLUIIJHI NM 1Y56@ A 31IIgHt LS (b1 fl}I R M(Ia MII6'¢xn xR uv. NHO9Fv4 uo 61Wt�6M.¢NOIw e R/PK ARM RW N [a9pR IE�6 p ((I(4m imr�p v.myn u`m ooaa w.m am MR (v461W1/ID uryA RN9 /R MMt ]fin, ua �4L+'�WOs IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 b tt tt Si ➢icm 1p. 11S".. 10. ^J. P4 Il.MSQ9 _ LYLW 1M P o� •/ GVMISP OL/ldCIAN 1] MD ➢/ @ $OVRI Stir G V,1R/bf O/� PM/� a .WN1<11FIFCE [ SaTI. 54V HE9KVmP0 YINdGN @2WffipAC .40INIOIS ) VH6 ]OPt PW6iEA 941PID[ LS b++ c/1.ImoVW eeM� \\ nr +L I i.vT y ,�• LI O.SE ew f w bl m. R, w 10 Ja/�d d�d ;n�4 1/29-•J5 u>elxR o¢10 9 � slm l" 10 .r giro �luim w. a°z> � bPo. P e S 1l1. IeYV. vri GIDPII W,bxAY4b¢ /DPN iV WM b SIb S61R =R 0++10'S A� ML/9w]6Y.wIOKM�RP n,o Nnu+m bb.xwrm 0.S.E ra a. u¢I,/xx wm 10 B F 51eY ar R wm¢blm �� w -� mvPb ars /mlavw+m.w rt¢w wm I0 ¢4 -' I@ab1Wx1 °um¢�zv.wa/ws � Y g t.�Pn'�Vii+w� I0 R4_7env 1--, r:�R, •-. VA 'lot 10 -R4..BJ =S uxmR yk 10 O..S.vF turwt j..,., .. ,, y _,!� n zruc IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 _ \ 7Ry ' a�, \ 1 LOT 162 20 \30� Jew LOT 157 LOT 467 %at/ a py16 5SBO/UNDAR LO4° Y 2263 LOT 472 •\ �cnt '� LOT 469 LOT 471 j,.8% . �%g•� (i. �, �`s ata ��•\ LOT O •\ �\•. % l�d� .. a pis¢) > „�s'�,< 481' •\ �•\ �• LOT 470 /•% a4,a �,�Yg�` fo °•\ \ '� \ ./ 10 LOT 482 ' LOT 483 es\>'D*,y *�sra SOT 23 / T 464 /• M1 e LO 10 � i iww�J /,A w ,6 TR NO. 59,975 oer � 10 TRO�,2263 MB 42��`8LOT 487"" LOT 485 16 io;✓ LOT 7 LOT 1 O.S.E. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 i it KENTUCKYRAVEN i i i tii°'S5 $ mw /o nr qJ v esL0;xi2 O.SE --/J r vR�� mum i1 Inr 5� ;a________....__ ---- --- , a s k.toll pro f85 Ivy �.. vcae �C7 n5 I w.,u um. now it me 5�. ".,.... 130�1 30'��,`— IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 34��. 9 uY A m� � v, Aay'�AIHSITY SAP H 0I r0f5 3 3 0. 4 1ILD r0 /SI /'xW//• �0.�Y� dY>. w nm ��ca A n¢�,vme,r� avA�o smm r5 ,rvn°`nr na .mvm e`vr av,re>m o � u ro vm �� v+uw/m sorvrmu nva <o'�aam avc9a xu>m is .e.. lo O.SE a ►,:' a(a �Gj iin^, y-R;"l M0. blb' xty Nq >Jb ` _CJ '• 'M .J�.xty 0.V 10 gr.v�.. t�fg_ a Awe REc 5-i�'di••-.. _ to10 rL In ..webtotu 10 lam /n IV I n. v. J- 17 5 __ �v ry b i O.SE _--_i ---i --_ ---10; 'o I i ¢$ I I I i Y 1PJW i /1 GlBvvftYY A2Wd Iw' ncwala.va ���49014 b ay9-n �,.8, qu 9sw nn NUet[JAI6 xo I� j 30,30, WK2 I iWIL1.4 Mt4 tY6 n/n-i, R CALIFORNIA ____ `-' - -_I p 111>>>���i ��Ipppp ^ 30�30 �[ ycr j4n�11zN� I :an ,.v7 o w, .. I CG � 1'< JI i ,o t t ) _____ _1 it I d a > 10 Inr V g / �V/gca, `"'pro'*�'%*,„„\�'�_, nrO.SE 10 1 / f% j�' '94-'T MU Y!W 8 r � ;mac �im_nc 5I,., LVV Iimm mm"r ilw z�c� / 0 V@W A w�mm'�.kmn'r�w wa[ IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT No. 31836-1 l>D1 SURD) N ➢f )Of3 ; A44ro4 I4 Ilro l2 In tA�1N mA LnM, t4 A. 91 . ;f M }xYq M .7aPo YY; NMHN; NVNR FdR+ld; i01 i � mime a'ro'1NOvxxtnNgiw''Os a usr'"'Ir °.s5vx DI"'mnD�ms �r Ism m xIa sovm 4.sr ay.�xxm vs �wmnrc ro<vlwxc +t>xa xw awma storm Ds a« °ru'nw msPom'v mm' vN. J1i95f Y v /=v (q 10 xev>y5a n 10' Am nr J ID 24 i nrR_ x:$8 gBI RK � [e zo a i.vi /v w [.vr ✓ q'd .. �b Y e 0.SE wIDx'xoY lxl _ z Y° f69¢xx 4Al[W4 ,YDS„ax� D�4 / /Po16xPsge4 / 6lRPo �ML4YAWY-A �55\ \ O.SE .O, m mxM N�a. NA 5�5E oI Dinoo EE an -it) Am.LN Jm3saa wlvd D 9C61C ON MEIN �t 'i-51 I lj-� z JVV4 10VU1 3AIIVINEU my i mrP 00 j j Lill C10 < w Li C:5 y X g ex LU 15 nN ffi., H aP, 5 jgq 'ayyFE zg �g T� A �,jg d EN 93 IMR 2 d 2, in, fill I 1 1 1 E§1 g M-6 It lffiffi �Hgflq 1 12 HUN as k5 RM i% -;i a 2,t 2h2 n 2 2 1 a 2 R 9 g,s,q gyg�� 9 45 R t 12, -a t b t k b t b t b it gill i l N ayv i� vRiN gxa ffi� 1p� F. l" x h�4 § p ig ;12 - rl RR 5 l5aF R, xg -pojuk .2- va m 2 M P - % � � i � Ii i i , i � -1 ; Pg ®9CBIC ON LU3S3a Lpj_]Vd r IOVa �MLLVINBi �BS30 FIVV4 . . .. . . . . . . 6 J,gr� I rlllll� �A 511 - lx/S a -lo AMJ.Nnoo n 9681C ON imas3c] UV'lVd ail of JVVq iOVdi DAUVIN3li i 3SM MVd AO kUO FR'll an-ao waMnoo iaa3930 wlma 9C21C ON w s dVW 1OV131 3A11V1N31 ( ia3s3a mva �o w� v ) ' 00 LH �L. \' ',J �_ j Gaw1•\ax ;mar tip'' t s" G i— i, '� `„= "� . y\•' '?� /.': - _ ;v_c5„��7. � ___'--`"--' ,.mot. � //"<I? 'F - tip__. : \'.. ✓' `\.7\ '� / Wo c ? yy• a __ Em3 ANIM03 •-L.'� a $ _ £36i �11, J� -- __ _�I h.vn J.M353® W1Vd 41 u,f of c�a c m € 5 9EBLE 'ON z o . � : < 7 , l� " — dVW lOtlH1 3fflLLV1N3U 1tl3330 mvd do wo 5 C zo -- I I L \� ,� %' J—A" I'„�__ .III _._,�i c �_. _ .t I� —' •�� __ _ \ I I •�• " N"1-SI\IL7JS-T I`( I—f1_I ¢® /% City of Palm Desert ArcIMS Map Output Page 1 of 1 3 I rActive Layer. riT 1 IIIIIIN 1116 s 11111 A111g111R 1 II HOV pl TRACT NO. 31836-1 VICINITY MA3 i lnum II nlnre 111111 11111111 "1" 11111111 .......... 111''111111 1-e1e pi r�,uluunn�innnrnliluu���ROVCEV[14 '41ti- ALIFORPlEA-AVE DWA GDR I!I1111111 httn://10.20.2.35/servlet/com. esri. esriman.Esrimao?ServiceName=CitvOverview&ClientV... 4/27/2006 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Waiver of $432,117 park fee associated with Tract 31836 SUBMITTED BY: Phil Drell, Director of Community Development w x APPLICANT: Palm Desert Country Club Development, LLC A a 77-200 California Drive Palm Desert, CA 92260 a (. CONTENTS: Recommendation Background 8OH - LU v z Ei E+wCJ wtx7€�3cr�u4t� Recommendation: ' Credit $7,000,000 investment in recreational facility toward park fee requirements thereby waiving $432,117 obligation. Background: The 95 lots associated with Palm Desert Country Club Tract 31836 are subject to a park fee of $432,117. Although the City typically does not give credit for private recreational improvement, the Palm Desert Country Club improvements provide significant recreation and open space benefits far beyond the limited scope of their own 95-unit project. Those improvements have included the $6,823,000 golf course renovation ($2,000,000 over the original budget) and a $200,000 neighborhood recreation area that will be available to all 1,000 plus homes in the Palm Desert Country Club Association. These widespread benefits justify waiver of the $432,117 fee. Submitted by: Director of Community velopment ApproI( // Approv omer Croy ACM for Deve ent Services Carlos L. Ortef City Manager 77200 Califomia Drive Palm Desert, CA 92211 April 26, 2006 Mr. Phil Drell Director of Planning City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 Palm Desert C o u n t r y C l u b Development LLC Re: Park fees attributable to Palm Desert Country Club Mr. Drell, phone: 877.760.PDCC fax: 877.894.5601 PDCC Development, LLC (PDCC) is currently in the process of seeking approval of the final map for the first 41 lots, which will be sold and transferred to D.R. Horton for residential development. In order for us to get final approval of the map, we must first get City Council approval and pay all applicable fees. According to the City fee structure, PDCC is required to pay signalization fees, survey monument deposits and applicable park fees. The purpose of this letter is to formally request a waiver of the park fees applicable to our project. We are not requesting a waiver of any other fees. Our rational for requesting the park fee waiver is based on certain and specific expenditures and improvements PDCC has completed that directly benefit both the City of Palm Desert and more specifically, the 5,000 residents of the Palm Desert Country Club community. We absolutely recognize the importance of parks in communities, and as communities continue to grow, we understand the need to collect fees to maintain existing parks and to build new ones. Not withstanding the above, we believe our project is unique to the community and the City, and, as such, deserves special consideration with respect to applicable park fees. We believe there are several reasons that support our request for the City to waive the park fees for our project: 1. The approval of our project was conditioned upon PDCC improving the golf course and clubhouse for the benefit of the entire community. As part of that approval, PDCC was required by the City to spend at least $6.823 million dollars on the golf course and clubhouse improvements. To date, we have actually spent $6.5 million dollars on the golf course improvements alone and over $2.5 million dollars on the clubhouse improvements. The additional expenditures, above what the City required PDCC to spend (nearly 30% increase), were done to enhance the golf course and clubhouse, substantially increase water conservation, and specifically enhance the Palm Desert community as a whole. course and clubhouse, substantially increase water conservation, and specifically enhance the Palm Desert community as a whole. 2. PDCC is paying special attention to the clubhouse entrance and the surrounding landscaping. We recognize the importance of this central component to the Palm Desert Country Club community. In fact, we are spending in excess of $600,000 on the parking lot, landscaping and water features to beautify the centerpiece of the Palm Desert Country Club community. 3. PDCC will spend over $200,000 dollars on a recreation area in the clubhouse lots. This recreation area will be a part of the Palm Desert Country Club Homeowners Association and will serve in excess of 1,000 homes or nearly 3,000 residents of Palm Desert. 4. At the east end of the 13th green of the championship golf course, PDCC has created a park -like area that will become home to a nursery for future golf course and clubhouse requirements. This has always been a wasted area of dead grass and dirt adjacent to a City park and the PDCC Homeowners Association facilities. Several homes also surround this area. The upgrading of this area will cost PDCC in excess of $100,000. 5. PDCC has voluntarily assisted several individual homeowners surrounding the golf course property by agreeing to transfer certain golf course properties to adjacent individual property owners to correct encroachment conditions caused by existing and/or past property owners. These transfers, coordinated through the City will cost PDCC over $50,000 in document preparation, legal descriptions and City approvals. This cost does not include the value of the land transferred to the individual property owners. Based on the above points, we believe we have adequately contributed our fair share of equivalent park fees to the City of Palm Desert in that our improvements and additional expenditures have not only enhanced the Palm Desert Country Club community of 5,000 residents, but the City of Palm Desert as a whole. The results are easily identifiable and loved by everyone who experiences them. We hope you strongly consider our request to waive the park fees and recommend it to the City Council. Thank you very much for your time and consideration of this very important matter. If you have any questions please do not hesitate to contact me @ 760 250-2636. Sincerely, Randy,Case Member, PDCC Development, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE 95 RESIDENTIAL LOTS AND RELATED PRECISE PLAN OF DESIGN FOR CERTAIN GOLF COURSE RELATED IMPROVEMENTS WITHIN PALM DESERT COUNTRY CLUB. CASE NOS. TT 31836 AND PP 04-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of May, 2004, hold a duly noticed public hearing which was continued to June 10 and June 24, 2004, to consider the request of PDCC DEVELOPMENT LLC; and WHEREAS, the Planning Commission by its Resolution No. 2255 has recommended approval of Case Nos. TT 31836 and PP 04-01; 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 to exist to justify approval of said tentative tract map and precise plan: TENTATIVE TRACT MAP 1. That the proposed map is consistent with the general plan as amended. 2. That the design or improvement of the proposed subdivision is consistent with applicable general plan. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 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. 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. WHEREAS, in review of this tentative tract map the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing thee needs against the public service needs of the residents of the city of Palm Desert and its environs, with available fiscal and environmental resources; and PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 with the findings contained in the staff report dated May 13, 2004, constitute the findings of the City Council in this case. 2. That Tentative Tract 31836 and Precise Plan 04-01 are hereby approved, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of June, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, c�r ATTEST RA HELLE D— CASSEN, City Clerk City of Palm Desert, California 2 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 said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein and as defined in the development agreement shall be subject to the restrictions and limitations set forth herein which are in addition to 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of Community Development and shall include a recycling program. 6. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 7. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and 3 which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. The maintenance program shall be reviewed annually. 8. That the project shall operate consistent with the provisions of a development agreement which must be adopted by the City Council, otherwise this approval shall be null and void. 9. That the applicant shall file necessary map(s) to eliminate property line encroachments and setback deficiencies on existing residences pursuant to the letter dated March 10, 2004 from Randy Case. 10. That all recommended traffic mitigation measures contained in the traffic analysis prepared by George Dunn Associates shall be conditions of this application. 11. All onsite utilities shall be underground. 12. That all units shall comply with development standards prescribed in the R-1 9,000 and PR-6 zone categories except as modified pursuant to Development Agreement 04-01. 13. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, TUMF and School Mitigation fees. 14. The applicant/property owner agrees to defend (with counsel chosen by the City), indemnify, and hold harmless the City of Palm Desert, its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this application and any other challenge pertaining to this project. This indemnification shall include any award of attorney fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 15. That the applicant shall provide a tree removal plan to be approved by the City Arborist. Said tree removal plan shall provide an assessment of the condition of trees by a certified arborist and a tree protection plan for remaining trees. 12 16. That any newly created lots not presently within the Home Owner Association area shall be annexed into the Home Owner Association area. 17. That routine movement of golf course maintenance equipment in and out of the new golf course maintenance facility shall be via a path system to be established between the 13th and 14th fairways. 18. That Lot 71 be relocated 20 feet to the north. 19. That the developer shall provide appropriate fencing in the rear yard of dwelling at 77-160 Indiana. 20. That the access driveway to the maintenance facility be expanded by ten feet to the east into the park and that any excess land not needed for the driveway be offered to the property owner to the west of the driveway. 21. That pursuant to the noise mitigation measures identified in the acoustical analysis prepared by Gordon Bricken & Associates that the developer shall provide an eight - foot high wall along the west side of the access driveway and that trash trucks serving the facility shall be limited to the hours of 7:00 a.m. until 5:00 p.m. 22. That four window areas in the dwelling west of the access driveway, 77-880 California, be dual glazed. 23. Should a Conservation Easement come to exist, the City shall have the right to provide input on the organization that will become the holder of said Easement. 24. The golf course plans, as per a letter from Mr. Case, would go before the City's Landscape Beautification Committee for its input and approval at the appropriate stages of the project. 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to recordation of final map. 2. 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 prior to start of construction. Project is required to retain onsite a 25 year storm. The maintenance of the retention area(s) shall be by the golf course owner/developer. 5 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 11. {: �,c Standard 6' curbside sidewalk shall be installed in areas being developed `_,, ' where no sidewalk currently exists, and shall extend across the fairways lade including the following locations. (gDr = Along the south side of New York Avenue east to California in area #'s 2 & 8. 1) 50 On both sides of Tennessee Avenue at the project entrance in area #1. Z 2d — Along the west side of Elkhorn Trail in area #6. Along the north side of California Avenue between Virginia Avenue and Tennessee Avenue. 2t�E01 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of required offsite improvements prior to recordation of the final map. Such offsite improvements shall include, but not be limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration. "As -built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 6. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built' plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the Public Works Department for improvements in the public right-of-way prior to issuance of any permits. 7. All public improvements shall be inspected by the Department of Public works and a standard inspection fee shall be paid prior to issuance of grading permits. 8. Landscaping maintenance of any common areas shall be provided by the homeowners association. Landscape treatment shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. Applicant shall be responsible for executing a declaration of Conditions, covenants and Restrictions, which declaration shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify: a) the Li applicant shall oversee the formation of a property owners association; b) the property owners association shall be formed prior to the recordation of the map; and c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 9. In accordance with Palm Desert Municipal code Section 26.44, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Traffic safety striping shall be installed to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 11. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. Applicant shall be responsible for acquiring all necessary easements for off -site roadway improvements. 12. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 13. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 14. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 15. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 16. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management and Discharge Control. 17. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. 7 18. Lot line on Lot 84 shall be adjusted prior to grading permit issuance to correct the encroachment of adjoining residence. 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3. Provide, or show there exists, a water system capable of providing a gpm flow of 1,500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) W'x2-1 /2"x2-1 /2"), located not less than 25' nor more than 200' from any portion of a single family dwelling measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street, the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around 55' in industrial' developments. 7. Whenever access into private property is controlled through use of gates, barriers or other means, provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 8. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. E.