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HomeMy WebLinkAboutCC RES 2020-17RESOLUTION NO. 2020-17 A RESOLUTION OF THE CITY COUNCIL APPROVING A SPECIFIC PLAN AND TENTATIVE PARCEL MAP 37234 TO SUBDIVIDE 32+ ACRES INTO FOUR (4) PLANNING AREAS BOUNDED BY, EAST OF MONTEREY AVENUE, SOUTH OF DICK KELLY DRIVE, NORTH OF A STREET AND WEST OF GATEWAY DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NOS: SP 16-342 AND TPM 37234 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of March 2020, hold a duly noticed public hearing to consider the request by MC Properties, LLC, for approval of the above -noted with staffs recommendations outlined in the staff report; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of February 2020, hold a duly noticed public hearing to consider the request by MC Properties, LLC, and continued the item; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of January 2020, hold a duly noticed public hearing to consider the request by MC Properties, LLC, and continued the item; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of September 2018, hold a duly noticed public hearing to consider the request by MC Properties, LLC, for approval of the above -noted with staffs recommendations outlined in the staff report. The Planning Commission were undecided and did not adopt a resolution for either approval or denial; 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. 2015-75, in that 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, 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 the approval of said request: 1. The MCP Specific Plan, as proposed is consistent with the goals and policies of the Palm Desert General Plan. The developer of Planning Area 4 may provide additional affordable housing units per the Housing Overlay District (HOD) Ordinance No. 1353 if they choose. The Specific Plan will also provide local employment centers in close proximity to residential land uses, and increase the City's sales tax base. RESOLUTION NO. 2020-17 2. The Specific Plan document has been prepared in accordance with State Government Code Section 65450-65457, which sets standards for document content and provides direction for adoption. The plan itself must be consistent with the City's General Plan and must contain statements regarding the relationship of the Specific Plan to the City's General Plan. Statements regarding consistency are provided in the Specific Plan (pages 30-40). Staff supports the Specific Plan document as a means of identifying desirable land uses and development standards for this particular project. As proposed the Specific Plan establishes a distinct project and provides a commitment of what will be built within the project boundaries, commits development of the project to a unifying architectural theme, and provides sufficient flexibility for changes to the project. 3. The MCP Specific Plan will provide land use compatibility within the boundaries of the planning areas and with adjacent properties as the proposed uses and development standards are similar to existing uses to the south, north, and east. 4. The MCP Specific Plan is suitable and appropriate for the property in that the property has been designated for commercial, residential, and mixed -use, and that development will comply with applicable City standards and standards approved as part of the Specific Plan. 5. That the proposed Tentative Parcel Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 6. The project under the Specific Plan complies with the goals and policies contained in the City's General Plan that promote affordable housing, promote a variety of neighborhoods, and promote a mix of housing choice for current and future residents. Findings for Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The current zoning designation for the properties are Planned District Commercial (PC-2) and Planned Residential, 22 units per acre (PR-22), and HOD, and the same zoning will remain in place. Final site design, building design, architecture, and orientation are yet to be proposed, and the applicant will need to submit a Precise Plan (PP) application for staff and Planning Commission review prior to development. The Specific Plan identifies that future projects within Planning Areas 3 and 4 could include a mix of housing densities inclusive of single-family detached/attached homes and multi -family apartment/condominium units with affordable housing components. General Plan Land Goal 3 Neighborhoods proposes that "A variety of housing types, densities, designs and mix of uses and services that support healthy and active lifestyles. Goal 3.1 Complete Neighborhoods contain a diversity of housing types. 2 RESOLUTION NO. 2020-17 The Specific Plan's mix of high -density residential and commercial development will allow for the development of a non -motorized neighborhood environment, by promoting close proximity between home and potential jobs and shopping opportunities. These uses will be within walking distance of the residential neighborhood. The location of the Specific Plan on Monterey Avenue also allows residents to have easy access to transit, which currently operates on that roadway. In addition, the project site's location allows for easy connections to proposed parks and schools located easterly of the site. The design of the residential component of the project will be governed by PP approvals, allowing the City to implement the requirements of this policy through design consultation and the conditions of approval. The diverse range of housing types within the project area complies with this goal and the mix of densities is consistent with the City General Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcels and parcel maps have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. All existing perimeter streets and utility improvements, and circulation pattern are in conformance with the General Plan and minor roadway dedication is needed to complete existing streets. Internal project streets that serve the project and Tentative Parcel Map 37234 will be reviewed under a Precise Plan (PP) application for consistency and conformance with all City standards and are consistent with the General Plan. 3. That the site is physically suitable for the type of development. The 32+ acres contained in the MCP Specific Plan is suitable for the development proposed. Environmental, cultural, and other special studies were prepared for lands within the project area. No environmental issues were identified that would indicate that the 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 the 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 Mitigated Negative Declaration. 4. That the site is physically suitable for the proposed density of development. As proposed, the land uses are consistent with surrounding development. The Specific Plan proposes commercial, hotel, and mixed -use developments within the western portion of the project area at heights and intensities similar to 3 RESOLUTION NO. 2020-17 existing commercial and hotel uses in the vicinity. The Specific Plan also proposes single-family detached/attached homes and multi -family apartment/condominium units within the eastern portion of the project area, which is consistent with surrounding land uses. The proposed project densities are similar to existing multi -family residential development within the northern sphere of the City. The location of the higher density residential uses (Planning Areas 3 and 4) is well suited as they are in close proximity to a future school and existing and future employment opportunities. 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 the California Environmental Quality Act (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 densities and limited wildlife is present at the site. 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 proposed land uses, when developed under a PP, will be in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. If any grade changes occur within the Specific Plan, then they will be accommodated by the internal street layout and open space provided throughout the subdivision. Pedestrian access will also be provided to adjoining land uses and surrounding roadways, 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 design of the subdivision is in compliance. Surrounding perimeter City streets are built -out to the General Plan Designation Pedestrian connections will also be provided throughout the project area. 4 RESOLUTION NO. 2020-17 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 recommend approval of SP 16-342 with staffs recommendations and TPM 37234, 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 12th day of March 2020, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA' L E D. 1 LA�,SEN,a TY CLEK CITY OF PALM DESERT, CALIFORNIA 5 GINA NESTANDE, MAYOR RESOLUTION NO. 2020-17 CONDITIONS OF APPROVAL CASE NOS. SP 16-342 and TPM 37234 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 Parcel Map 37234 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. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein to the approved Specific Plan, 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. 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. 7. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 8. Each Planning Area shall be subject to all applicable fees at the time of issuance of building permits for improvements within that Planning Area. 9. The applicant shall provide a pedestrian connection between Planning Areas 1 and 2 and Planning Areas 3 and 4. 6 RESOLUTION NO. 2020-17 10. Prior to the development and construction of improvements within Planning Areas 1 thru 4, the property owner shall submit a PP application to the City's Community Development Department. Precise Plan applications shall be submitted for the development of a single Planning Area or multiple Planning Areas. The PP application will require public hearings with the City's Planning Commission. All final landscape plans will be submitted to the City's Community Development Department and the CVWD for review and approval. 11. Planning Area 4 will be required to provide a minimum of 200 units per the Housing Element. The developer may apply and utilize the Housing Overlay District per Ordinance No. 1353. 12. The Specific Plan shall not include any age -restricted housing. 13. All Planning Areas shall develop in a manner consistent with the Development Standards contained in the Specific Plan. All other development standards, not addressed in the Specific Plan, shall comply with the Palm Desert Municipal Code (PDMC). 14. The applicant shall pay into the City's Public Art Fee for Planning Area 1 or 2, whichever is first to develop of the Specific Plan. It is recommended that this fee is used for an onsite public art project within Planning Area 1 or 2. The remaining Planning Areas shall pay into the City's Public Art Fee at the time a Building Permit is issued for the development of said Planning Areas. 15. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 16. All mitigation measures identified in the Mitigated Negative Declaration shall be incorporated into the planning, design, development, and operation of the project. 17. Final Fire and life safety conditions will be addressed when the developer submits a PP application for each Planning Area by the Fire Prevention Bureau. 18. Final Building and Safety conditions will be addressed when the developer submits a PP application for each Planning Area. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Parcel Map: 19. The parcel map shall be submitted to the City Engineer for review and approval. 20. Right-of-way, as may be necessary for the construction of required public improvements, shall be provided on the parcel map. 7 RESOLUTION NO. 2020-17 21. Prior to City Council approval of Parcel Map 37234, 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 may include but are not limited to: A. Twenty-five percent (25%) of a traffic signal installation at Monterey Avenue and Street A or the pro-rata share of the signal based upon a traffic study. If the traffic signal is constructed by the applicant for the City of Rancho Mirage then the bond submitted to the City of Palm Desert shall be released by Council action. B. The relocation of power lines on Monterey Avenue to accommodate a future deceleration lane. C. The fair share cost, as determined by the City, for the future traffic signal modification at Monterey Avenue and Dick Kelly Drive. D. The removal and replacement of an eight -foot (8') sidewalk on Monterey Avenue to accommodate a future deceleration lane. E. The installation of a deceleration lane on Monterey Avenue. 22. Subsequent conditions will be applied at the time each parcel is developed and must be consistent with and not additive to the Specific Plan. 23. The construction of a left turn lane on Monterey Avenue may be approved at the discretion of the City Engineer for the City of Palm Desert and the City of Rancho Mirage. 8