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
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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
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OF RIVERSIDE, STATE OF CALIFORNIA.
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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
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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
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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
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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.
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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.
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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
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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.
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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.