HomeMy WebLinkAboutRes No 2784PLANNING COMMISSION RESOLUTION NO.2784
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE CITY
COUNCIL FOR 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
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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th 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 California Environmental Quality Act (CEQA), the City must
determine whether a proposed activity is a project subject to CEQA. If the project is subject to
CEQA, staff must conduct a preliminary assessment of the project to determine whether the
project is exempt from CEQA review. If a project is not exempt, 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, in the Director of Community Development 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 Planning Commission did
find the following facts and reasons to exist to justify the recommendation to the City Council
for 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 designation
is to provide high -intensity mixed -use development anchored by
PLANNING COMMISSION RESOLUTION NO.2784
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 Planning Department, 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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PLANNING COMMISSION RESOLUTION NO.2784
CONDITIONS OF APPROVAL
CASE NOS: PP/CUP 20-0003 and TPM 38023
DEPARTMENT OF COMMUNITY DEVELOPMENT:
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 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 Department of Community Development.
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 Department
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
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PLANNING COMMISSION RESOLUTION NO.2784
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.
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 Department of Public Works for review and
approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
26. The applicant shall submit a PM10 application for approval. The applicant shall comply with
all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
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 RosaWay.
C. The modification of an existing curb ramp on the corner of San Pablo Drive and Santa
Rosa Way.
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PLANNING COMMISSION RESOLUTION NO.2784
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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 Department of Building and Safety. 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,
stroke of line, distance from 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 Department of Building and
Safety (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
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