HomeMy WebLinkAboutRes 2021-281
RESOLUTION NO. 2021-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONSIDERING APPROVAL OF A PRECISE PLAN,
CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL MAP 38023 TO
CONSTRUCT A THREE-STORY MIXED -USE BUILDING CONSISTING OF
RETAIL AND OFFICE USES ON THE GROUND FLOOR, AND 60 TOTAL
RESIDENTIAL APARTMENT UNITS ON THE SECOND AND THIRD
FLOORS LOCATED ON THE SOUTHEAST CORNER OF SAN PABLO
AVENUE AND FRED WARING DRIVE; AND ADOPTION OF A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: PP/CUP 20-0003 and TPM 38023
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day
of May 2021, hold a duly noticed public hearing to consider the request by Chandi Group
USA, for approval of the above -noted project request; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15'h day of December 2020, hold a duly noticed public hearing to consider the request by
Chandi Group USA, for a recommendation to the City Council for approval of the above -noted
project request; and
WHEREAS, according to the 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, 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. 2019-41, and the Deputy Director
of Development Services has determined that the proposed project is an Article 19 Class 32:
Infill Development Projects Categorical Exemption for purposes of CEQA and no further
review is necessary; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did find
the following facts and reasons to exist to justify approval of said request:
1. The proposed project is located in the Downtown Edge (DE) zoning district, which
allows "mixed -use developments" as permitted uses, subject to the approval of a
Precise Plan application (PP) and Conditional Use Permit (CUP).
2. The proposed project conforms to the DE zone and One Eleven Development
Code design guidelines since the project provides a mixture of residential densities
and uses. It is also intended to provide for the integration of urban designs by
encouraging front -facing buildings closer to the street that creates a building line
on the ground floor to create a more walkable neighborhood.
3. The proposed project conforms to the Downtown (D) designation within the
General Plan by creating a walkable neighborhood building. The purpose of the D
RESOLUTION NO. 2021-28
designation is to provide high -intensity mixed -use development anchored by
civic, cultural, entertainment, retail, and dining activity that features a variety of building
sizes and housing choices. Ground floor uses include retail, restaurant, service, and
office uses, while upper floors accommodate residential and office uses.
4. The project complies with all development standards including setbacks, building
height, density parking, lot coverage, and land use compatibility.
5. The building as designed offers an upscale architectural design.
6. One of the City's overall goals identified in the Strategic Plan is to focus on creating
a city center/downtown that provides high -intensity mixed -use developments
anchored by civic, cultural, entertainment, retail, and dining activity along walkable
streetscapes.
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The land use designation is D within the General Plan, which allows a density of
up to 40 units per acre. The proposed project of 60 market -rate apartment units on
1.54 acres is consistent with the density within the General Plan. The purpose of
the D designation is to provide high -intensity mixed -use development anchored by
civic, cultural, entertainment, retail, and dining activity that features a variety of
building sizes and housing choices. Ground floor uses include retail, restaurant,
service, and office uses, while upper floors accommodate residential and office
uses.
Buildings are encouraged near or at the sidewalk to shape the commercial
streetscapes, support outdoor dining, and for easy view of storefronts. Buildings
are typically mixed -use up to three stories with taller buildings up to five stories
focused at key intersections and/or public open space.
The proposed mixed -use development with commercial uses on the ground floor
and a mixture of residential apartment units (one to three bedrooms) meets the
intent of the General Plan designations.
The project is also consistent with the City's overall vision for San Pablo Avenue,
and with the City's Strategic Plan.
• Land Use - Priority 4: "Create a mixed -use city core integrating shopping,
dining, lodging, and housing."
• Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle."
• Transportation — Priority 1: "Create walkable neighborhoods and areas
within Palm Desert that would include residential, retail, services and
employment centers, and parks, recreation, and open space to reduce the
use of low occupancy vehicles."
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RESOLUTION NO. 2021-28
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Land uses within the surrounding area are compatible with the proposed use, and
maintain the same General Plan designations. Furthermore, the project does not
physically divide an existing community and does not conflict with any applicable
land use plan, policy, or regulation outlined in the General Plan.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The Land Development (Planning/Engineering) Division, Economic Development
Department, Fire Department, and Public Works Department have reviewed the
design and improvements of the proposed subdivision for consistency with the
General Plan and emergency services. The street and utility improvements,
circulation patterns, and drainage improvements meet all requirements of the
General Plan. All existing perimeter streets are in conformance with the General
Plan. All external project streets that serve the project conform to City standards.
There are no specific plans for the property.
3. That the site is physically suitable for the type of development.
The 1.54 acres are suitable for the development proposed. No environmental or
traffic concerns were identified that would indicate that 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 is reasonable to conclude that the site is physically suitable for it.
The property is suitable for the proposed development as conditioned.
4. That the site is physically suitable for the proposed density of development.
As proposed, the site layout and density are consistent with the General Plan. The
property allows for 40 DU/acre, and the project density of 60 units on 1.54 acres
complies. The project density is necessary to carry out the vision of creating an
urban development within the DE zone.
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, the project will not have a significant negative impact on
the environment, and is categorically exempt, under Class 32: Infill Development
Projects.
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. In
addition, the project will pay into the Coachella Valley Multi -Species Habitat
Conservation fund for the development of raw land.
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RESOLUTION NO. 2021-28
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 mixed -use development complies with all grading
requirements and the project will be developed in accordance with the Uniform
California Building Code. Pedestrian access is provided to adjoining land uses
along San Pablo Avenue where other residents would be able to walk to the retail
uses, 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 proposed project will construct an underground retention drainage. The parcel
map identifies the use of this area and will record an easement for drainage
purposes. In addition, the applicant is responsible for the maintenance of the
retention basin outlined in the conditions of approval. Surrounding perimeter City
streets are built out to the General Plan designation.
NOW, THEREFORE, BE IT ORDAINED 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 approval of the Precise Plan, Conditional Use Permit, and
Tentative Parcel Map 38023 as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 27th day of May 2021, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
M. oLORIA ANCHEZ, ACTING CITY CLERK
CITY OF PXLM DESERT, CALIFORNIA
(Ri<ctiZ0-1417
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KATHLELLY, )MAY
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RESOLUTION NO. 2021-28
CONDITIONS OF APPROVAL
CASE NOS: PP/CUP 20-0003 and TPM 38023
LAND DEVELOPMENT (PLANNING/ENGINNERING) DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Land Development Division, as modified by the following conditions.
2. The applicant shall record Parcel Map 38023 within two (2) years of project approval.
3. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Land Development Division.
4. Construction of said project shall commence as outlined with the Disposition and
Development Agreement 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.
5. 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.
6. 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:
Building & Safety Division
Public Works Department
Fire Department
Coachella Valley Water District (CVWD)
The applicant shall present evidence of said permit or clearance from the above agencies
to the Department of Building & Safety at the time of issuance of a building permit for the
use contemplated herewith.
7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action, or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
8. 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.
9. Should human remains be discovered during the construction of the proposed project,
the project coordinator would 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 Sa-ety Code 7050.5. If the remains are determined
RESOLUTION NO. 2021-28
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 Descendant (MLD). The
City and developer will work with the designated MLD to determine the final disposition of the
remains.
10. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
11. Developer shall enter into a recordable Disposition and Development Agreement to
memorialize these, and other conditions stated within the Disposition and Development
Agreement placed on the project.
12. The project shall have a density of 60 dwelling units on the 1.54 acres.
13. The project land uses shall conform to the DE zone. Restaurant uses are permitted
throughout the mixed -use project as a part of the CUP approval.
14. 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.
15. The property shall be maintained in accordance with landscape maintenance
requirements contained in the PDMC.
16. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
PLANNING COMMISSION:
17. The applicant shall revise the landscape plan to include pedestrian -friendly plants on all
sides of the property, add additional landscape screening to the southeast portion of the
lot, and consider using non -deciduous landscaping. The City's Architectural Review
Commission (ARC) shall review the landscape plan at the time that the ARC reviews the
construction drawings.
PUBLIC WORKS DEPARTMENT:
Prior to recordation of the Parcel Map and any permits:
18. The parcel map shall be submitted to the City Engineer for review and approval.
19. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
20. Utilities shall be relocated and easements abandoned as needed so as not to conflict with
the proposed infrastructure.
21. 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 the PDMC and Palm Desert Ordinance Number 653.
22 Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the
recordation of the tract map.
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23. The applicant shall submit Covenants, Conditions, & Restrictions (CC&Rs) concurrently
with the final map for review and approval. Once approved by the City, the CC&Rs shall
be recorded with the County Recorder's Office.
24. Horizontal control requirements shall apply to this map, including state plane coordinates,
which shall conform to City of Palm Desert specifications.
Prior to the issuance of a grading permit:
25. The applicant shall submit a grading plan to the Public Works Department 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.
27. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
28. The applicant shall abide by PDMC Section 27.12.56, and retain stormwater on -site to
the 100-year, 24-hour storm.
29. 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 the
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.
30. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOI has been filed.
31. The applicant shall 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. Plans shall be submitted for review and approval prior to construction.
Improvements shall include, but are not limited to:
A. The installation of a driveway on Fred Waring Drive.
B. The installation of a driveway on Santa Rosa Way.
C. The modification of an existing curb ramp on the corner of San Pablo Drive and
Santa Rosa Way.
D. The installation of an ADA compliant sidewalk on Santa Rosa Way.
E. The installation of a full -capture trash device in the catch basin on San Pablo
Avenue.
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BUILDING AND SAFETY DIVISION:
32. This project shall comply with the latest adopted edition of the following codes:
A. 2019 California Building Code and its appendices and standards
B. 2019 California Plumbing Code and its appendices and standards
C. 2019 California Mechanical Code and its appendices and standards
D. 2019 California Electrical Code
E. 2019 California Energy Code
F. 2019 California Green Building Standards Code
G. 2019 California Administrative Code
H. 2019 California Fire Code and its appendices and standards
33. Provide building height and area analysis to determine compliance with CBC Section 503.
Justify any area increases to height and area as permitted per CBC Sections 504 and506.
34. Provide a complete set of scaled or fully dimension elevations to determine the number of
stories for the proposed project. CBC Section 503 (Definition of "Grade Plan" "Story" and
"Story above gradeplane").
35. Provide an area analysis on the first sheet of the plans to justify the allowable floor areas for a
mixed occupancy building. The sum of the ratios of the actual area for each occupancy
divided by the allowable area for each occupancy must not exceed 1.00. For buildings with
fire walls, use the floor area of each separate "building" to justify the area. CBC Section
508.4.2 and 706.1.
36. Submit an exit plan that labels and clearly shows compliance with all required egress features
such as, but not limited to, common path of travel, the required number of exits and
separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC
1001.1.
37. An approved automatic fire sprinkler system shall be installed as required per the City of Palm
Desert Code Adoption Ordinance 1351.
38. A disabled 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 2016 CBC Chapters 11A & B (as applicable) and Chapter 10.
39. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-
206).
40. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B-
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.
41. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required
to be accessible. Please obtain a detail from the Building and Safety Division.
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42. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to the Building and Safety Division. Pools and Spas
for public use are required to be accessible.
43. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per Palm desert Municipal Code, Title 5.
44. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
45. Address numerals shall comply with Palm Desert Ordinance No. 1351 (Palm Desert Municipal
Code 15.28. Compliance with Ordinance 1351 regarding street address location, dimension,
a stroke of line, distance from the street, height from grade, height from street, etc. shall be
shown on all architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the building address
unreadable shall be addressed during the plan review process. You may request a copy of
Ordinance 1351 or Municipal Code Section 15.28 from the Department of Building and Safety
counterstaff.
46. Please contact Tameca Williams, Management Specialists II, at the Building and Safety
Division (760-776-6420) regarding the addressing of all buildings and/orsuites.
FIRE DEPARTMENT:
47. 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.
48. The proposed project may have a cumulative adverse impact on the Fire Department's
ability to provide an acceptable level of service. These impacts include an increasing
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.
49. Fire Department emergency vehicle apparatus access road location and design shall be
in accordance with the current California Fire Code, PDMC, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
50. Fire Department water systems(s) for fire protection shall be in accordance with the
current California Fire Code, City of Palm Desert, and Riverside County Fire Department
Standards. Plans must be submitted to the Fire Department for review and approval prior
to building permit issuance.
END OF CONDITIONS OF APPROVAL
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