HomeMy WebLinkAboutRes No 2793PLANNING COMMISSION RESOLUTION NO. 2793
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND RECOMMENDING TO
THE CITY COUNCIL THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION AND MONITORING AND REPORTING PROGRAM; AND
APPROVAL OF THE CONSTRUCTION OF A 269-UNIT APARTMENT
PROJECT WITH CLUBHOUSE, RECREATIONAL AMENITIES, AND
ROADWAY IMPROVEMENTS
CASE NO: PP/CUP 21-0004
WHEREAS, Pacific Communities, LLC, propose to develop 269 dwelling units on an
undeveloped 12-acre site, located on the south side of Gerald Ford Drive at the intersection
of Vitalia Way directly east of the Riverside County Sheriff Station with site improvements
consisting of new two- and three-story apartments, clubhouse building, and on -site
recreational amenities ("Project"); and
WHEREAS, street improvements include the construction of the future alignment of
Vitalia Way south of Gerald Ford Drive and the construction of a new traffic signal at the
intersection of Gerald Ford Drive and Vitalia Way; and
WHEREAS, the applicant has agreed to provide 100 percent of the units within the
development for very -low, low, or moderate income -qualified persons, and as such is eligible
for a density bonus provided by AB 2222 (Government Code section 65915 et seq.) and Palm
Desert Municipal Code Section (PDMC) 25.34.040; and
WHEREAS, the Project 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; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit.
14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City
is the lead agency for the proposed Project; and
WHEREAS, City staff reviewed the Project and prepared an Initial Study pursuant to
State CEQA Guidelines section 15063 to determine if the Project could have a significant
effect on the environment; and
WHEREAS, based on the Initial Study, which concluded that the Project would have
potentially significant impacts, but that those impacts could be reduced to less than significant
levels with the implementation of the proposed mitigation measures, the City determined that
a subsequent Mitigated Negative Declaration ("MND") should be prepared for the Project,
and an MND was prepared pursuant to Public Resources Code sections 21064.5 and 21080,
subdivision (c), and the State CEQA Guidelines section 15070 et seq.; and
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PLANNING COMMISSION RESOLUTION NO. 2793
WHEREAS, the City distributed a Notice of Intent to Adopt an MND pursuant to State
CEQA Guidelines section 15072 on May 11, 2021; and
WHEREAS, on June 15, 2021, at its regularly scheduled meeting, the public was
afforded an opportunity to comment on the Project and the MND and the Initial Study, and
the Planning Commission discussed and continued the Project, the MND, and the Initial Study
until July 6, 2021; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of July 2021, hold a duly noticed public meetings where members of the public
were afforded an opportunity to comment on the Project; 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, said Planning
Commission did make the following findings to justify the approval of said request:
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Compliance with the California Environmental Quality Act. As the
recommending body for the Project, the Planning Commission has reviewed and considered
the information contained in the MND, Initial Study, and administrative record on file with the
City and available for review at 73510 Fred Waring Drive, Palm Desert, California. The
Planning Commission recommends that the City Council find that the MND and Initial Study
have been completed in compliance with the CEQA (Pub. Res. Code § 21000 et seq.:
"CEQA") and the State CEQA Guidelines.
SECTION 3. Findings on Environmental Impacts. In the City's role as the lead agency
under CEQA, the Planning Commission finds that the MND and Initial Study contain a
complete and accurate reporting of the environmental impacts associated with the Project.
The Planning Commission further finds that the documents have been completed in
compliance with CEQA, the State CEQA Guidelines, and City of Palm Desert local CEQA
guidelines. The Planning Commission further finds that all environmental impacts of the
Project are either insignificant or can be mitigated to a less than significant level pursuant to
the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and
Reporting Program. The Planning Commission further finds that there is no substantial
evidence in the record supporting a fair argument that the Project may result in significant
environmental impacts and that any comments received to date regarding the Project have
been examined and determined not to modify the conclusions of the MND or the Planning
Commission. Furthermore, the Planning Commission finds that the MND has not been
substantially revised after public notice of its availability and recirculation is not required.
(State CEQA Guidelines, § 15073.5.) The Planning Commission finds that the MND contains
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PLANNING COMMISSION RESOLUTION NO. 2793
a complete, objective, and accurate reporting of the environmental impacts associated with
the Project and reflects the independent judgment of the Planning Commission.
SECTION 4. Findings on Conditional Use Permit. In recommending approval of this
project, the Planning Commission makes the following findings in accordance with PDMC
Section 25.72.050:
That the proposed location of the conditional use is in accordance with the
objectives of this title and the purpose of the district in which the site is located.
The purpose of the Planned Residential (PR) zoning district is to provide areas
flexibility in residential development by encouraging creative and imaginative
design for the development of residential projects, with densities between 4.0 to
40 dwelling units per acre and allows multi -family developments to be considered
through a Conditional Use Permit (CUP). The proposal to develop multi -family
housing with fully affordable units at this location complies with the City's goals
and the objectives of the zoning designation, and the project's density complies
with the density limits established under the PR zoning district. Development of the
project site complies with zoning requirements and exceeds the minimum
requirements established by providing affordable housing units in compliance with
the State's density bonus provisions.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
The proposed location and development of this project at this site will be monitored
and cared for by an on -site manager. Maintenance issues or resident complaints
can be addressed on -site. As designed, and as conditioned, the project will not be
detrimental to the public health, safety, or welfare, as the project is designed below
the maximum height permitted by the zone. Similar multi -family apartments have
been constructed in the City and none have been detrimental to public health and
safety. Adequate off-street parking is provided at the site and the proximity of the
project to employment centers, schools, and City parks encourages walking and
non -motorized transportation. Roadway improvements along Gerald Ford Drive
and Vitalia Way ensure efficient traffic movements near the project site.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed development complies with the development standards of the PR
zoning district, including maximum building height, minimum unit sizes, and
setbacks. The City's parking requirements, listed under PDMC Section 25.46.040
requires a parking ratio of two (2) parking space per unit for 538 total parking
spaces. The project proposes a parking ratio of 1.56 spaces per unit, resulting in
420 total parking spaces. The applicant has requested a modification to the parking
standards in accordance with the State and City density bonus provisions. Other
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PLANNING COMMISSION RESOLUTION NO. 2793
apartment complexes have parking standards that are below the required two
spaces per unit, including the Canterra Apartments. To date, staff is not aware of
any ongoing parking issues at existing apartment sites and the 1.56 ratio is
adequate to meet the parking needs of the proposed community.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The proposed development complies with the goals and objectives of the City's
General Plan, in that it provides affordable housing units in accordance with the
City's Land Use & Community Character and Housing Elements. The project
complies with the General Plan intent and purpose of the Town Center
Neighborhood designation by developing multi -family housing within walking
distance of commercial activities and meets several long-range goals of multi-
family housing by including the following: affordability, recreational amenities, a
pedestrian focus, and affordable housing in proximity to transit and future
educational facilities.
SECTION 5. Adoption of the Mitigated Negative Declaration. The Planning
Commission hereby recommends that the City Council approve and adopt the subsequent
MND prepared for the Project.
SECTION 6. Adoption of the Mitigation Monitorinq and Reportinq Program. The
Planning Commission hereby recommends that the City Council approve and adopt the
Mitigation Monitoring and Reporting Program prepared for the Project, attached hereto as
Exhibit "A".
SECTION 7. Approval. The Planning Commission hereby recommends the City
Council approve and adopt the Precise Plan and Conditional Use Permit applications for the
Project.
SECTION 8. Approval. The Planning Commission hereby recommends the City
Council approve and adopt the Project, subject to the Conditions of Approval attached hereto
as Exhibit "B."
SECTION 9. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at
73-510 Fred Waring Drive, Palm Desert, CA 92260. Eric Ceja, the Secretary to the Palm
Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 10. Notice of Determination. The Planning Commission recommends that,
if the City Council approves the Project, that the City Council direct Staff to file a Notice of
Determination with the County of Riverside and the State Clearinghouse within five (5)
working days of any Project approval.
SECTION 11. Execution of Resolution. The Chairperson of the Planning Commission
sign this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
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PLANNING COMMISSION RESOLUTION NO. 2793
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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of PP/CUP 21-0004.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 61h day of July 2021, by the following
vote, to wit:
AYES: DE LUNA, GREENWOOD, and PRADETTO
NOES: NONE
ABSENT: GREGORY and HOLT
ABSTAIN: NONE
ATTEST:
7
ERIC CEJA, SE14qTARY
PALM DESERT PLANNING COMMISSION
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HN BEEN OD, CHAT
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PLANNING COMMISSION RESOLUTION NO. 2793
EXHIBIT "A"
VITALIA APARTMENTS
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures:
BI0.1 Burroising Owl Suuveys
To mitigate potential impacts to burrowing owl- two pre -construction surveys shall be conducted
in accordance with CDF , protocol_ The first surrey shall occur between 14 and 30 days prior to
grotund disturbance, and the second shall occur within 24 hours of the initiation of ground
disturbance activities.
• If no owls are detected during those surveys, ground disturbance may proceed without
firther consideration of this species. assuming there is no lapse between the surveys and
construction, because the protocol states "time lapses between Project activities trigger
subsequent take avoidance surveys including but not limited to a final survey conducted
within 24 hours prior to ground disturbance."
• If burrowing owls are detected doing the surreys. avoidance and minimization measures
shall be required. Avoidance and minimization measures may inchide establishing a buffer
zone, installing a visual barrier, implementing burrow exclusion and'or closure techniques.
in conformance vvath CDFW protocol.
BIO.2 Migratory Bird Treaty Act
If groin disturbance or tree or plant removal is proposed between February 1st and August 31st,
a qualified biologist shall conduct a nesting bird sun-ey within 7 to 10 days of initiation of grading
onsite, focusing on MBTA covered species. If active nests are reported, then species -specific
measures shall be prepared. At a minim m, grading in the vicinity of a nest shall be postponed
until the young birds have fledged. For construction that occurs between September 1st and
January 31st, no pre -removal nesting bird survey is required.
• In the event active nests are found. exclusionary fencing shall be placed 200 feet around
the nest until such time as nestlings have fledged Nests of raptors shall be provided a 500-
foot buffer.
Monitoring:
BIO.A The Project biologist shall supply the City math reports of findings regarding burrowing owls, and
migratory birds. The reports mall be attached to the grading permit for the Project.
Responsible Parties: City Engineer, Planning Department
Sources: Biological Resources Assessment Report Palm Desert Apartments Project Assessor's Parcel
Number 694-310-006, prepared by Wood Environment & Infrastructure Solutions. Inc, March 2021; City
of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental
Impact Report, 2016; Project materials; Google Earth Pro 733.7786.
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PLANNING COMMISSION RESOLUTION NO. 2793
Mitigation Measures:
CULL Earth -moving activities including gradmg_ grubbing_ trenching. or excavations at the site shall
be monitored by a qualified archaeologist and a Native American monitor.
If any cultural materials more than 50 years of age are discovered, they shall be recorded and
evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid
construction delays but must have the power to temporarily halt or divert construction
equipment to allow for controlled archaeological recovery if a substantial cultural deposit is
encountered. The monitors shall determine when excavations have reached sufficient depth to
preclude the occurrence of cultural resources. and when monitoring should conclude_
If artifacts are discovered. these shall be processed catalogued. analyzed. and prepared for
permanent curation in a repository with permanent retrievable storage that would allow for
additional research in the fixture.
Monitoring:
CUL. 4. Prior to the issuance of a grading permit for the site, the applicant shall provide a fully executed
monitoring agreement to the City
Responsible parties: Project applicant. Planning Division, City Engineer.
CULB. Within 30 days of the completion of ground disturbing activities on the Project site. a report of
findings shall be filed with the City The report will summarize the methods and results of the
monitoring program, including an itemized inventory and a detailed analysis of recovered
artifacts, upon completion of the field and laboratory work. The report should include an
interpretation of the cultural activities represented by the artifacts and a discussion of the
significance of all archaeological finds.
Responsible parties: Project applicant, Project archaeologist_ Tribal monitor. Planning
Division, City Engineer.
Sources: Update to Historical'Archaeological Resources Survey Palm Desert Apartments Project.
prepared by CRM TECH on December 16, 2020; City of Palm Desert General Plan Update & University
Neighborhood Specific Plan Draft Environmental Impact Report, 2016; Project materials.
1fitigation Measures:
GEO.1 The Project design and construction should incorporate all recommendations set forth in the
Project geotechnical report (appendix D), mchui W but not limited to, the final grading plan
and all earthwork and grading. as listed below:
a. Earthwork Specifications. All earthwork and grading should be performed in accordance
with the applicable requirements of City of Palm Desert, in compliance with all applicable
provisions of the 2019 California Building Code (CBC) and in accordance nrith the
recommendations in the Project geotechnical report.
b. Site Clearing_ Clearing operations should include the removal of all vegetation and any
structural features when found Large shrubs, when removed, should be grubbed out to
include their snuups and major root systems.
c. Ground Preparation. All umuitable surficial materials should be removed down to competent
native dune sand deposits. The exposed bottom surface should be scarified to a depth of at
least 6 inches. watered as necessary to achieve slightly above optimum moisture conditions,
and then recompacted in -place to a minimum relative compaction of 90 percent.
d. Shnnkage and Subsidence. The following estimates of shrinkage and subsidence are intended
as an aid for project planners in determining the earthwork quantities and should be used
with some caution since they are not absolute values An average shrinkage on the order of
about 20 to 22 percent may occur when excavated onsite soils are replaced (removed and
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PLANNING COMMISSION RESOLUTION NO. 2793
recompacted) as properly compacted fill. A subsidence estimated between 0.2 and 0.22 feet
may also be expected when exposed bottom surfaces in removal areas are scarified and re -
compacted as recommended herein.
Additional recommendations on post -grading considerations, foundations, footings and slabs on -
grade design and construction, retaining walls, masonry block malls, exterior concrete flatwork,
swimnung pool and spa, and preliminary pavement sections should also be followed in the Project
design and construction.
Monitoring:
GEO.A The applicant shall provide the final grading plan to the Project geotechnical consultant for
review and ensue the recommendations are incorporated into the design criteria and Project
specifications as deemed appropriate by the consultant.
Responsible parties: Project engineer, Project geotechnical consultant. Project applicant.
Sources: Geotechmcal Investigation Proposed Palm Desert Apartments, 25.49 Acres, Gerald Ford Drive,
prepared by Petra Geosciences, March 4, 2021; City of Palm Desert General Plan. 2016; City of Palm
Desert Zoning Map; City of Palm Desert General Plan Update & University Neighborhood Specific Plan
Drat Environmental Impact Report. 2016; Project materials; Google Earth Pro 7 3.3.7786_
Mitigation Measures:
TRANS-1: The Project shall contribute its fair share of 32.5 towards the installation of a traffic signal
and lane improvements at Rembrandt Parkway & Gerald Ford Drive as recommended in the
Project traffic analysis conducted by Urban Crossroads. Inc. in February 2021_ The signal
timing should be coordinated along Gerald Ford Drive.
TRANS-2: The Project applicant shall participate in the C'VAG's TUNE program by paying the requisite
TLW fee.
Monitoring
TRANS -A: The City shall confirm future improvements and payment of the Project's fair share
contribution for the Project area roadways and intersections during the plan review process.
The City Public Works Department shall conduct inspection upon completion of the Project
to ensure all required traffic improvements are built in compliance with City standards.
Respoasible parties: City Planning Department, Public Works Department, Project
Applicant, and Project Traffic Engineer
Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University
Neighborhood Specific Plan Draft Environmental Impact Report, August 2016; Palm Desert Apartments
Focused Traffic Analysis City of Palm Desert, prepared by Urban Crossroads, February 17, 2021, Pacific
West Apartments VNfT Screening Analysis. prepared by Urban Crossroads, February 11, 2021.
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PLANNING COMMISSION RESOLUTION NO. 2793
The City conducted Tribal Consultation in conformance with AB 52 requirements and contacted
four tribes in writing in March 2021. No requests for consultation were received, and the
consultation period has closed.
To protect potential tribal cultural resources, Mitigation Measure CUL.1 is included in Section V,
consistent with the findings of the cultural resource study. to require monitoring of ground
disturbing activities, which would reduce the impacts to Tribal Resources to less than significant
levels.
Mitigation Measures:
See Section V.
Monitoring:
See Section V.
Sources: Update to HistoricaUArchaeological Resources Survey Palm Desert Apartments Project.
prepared by CRM TECH on December 16, 2020; City of Palm Desert General Plan Update & University
Neighborhood Specific Plan Draft Emvironmental Impact Report, 2016; Project materials.
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PLANNING COMMISSION RESOLUTION NO. 2793
EXHIBIT "B"
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 21-0004
LAND DEVELOPMENT (PLANNING/ENGINEERING) DIVISION:
The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
Developer and City each shall have the right, in their sole discretion, to elect whether or
not to defend such action. Developer, at its sole expense, shall defend, indemnify, and
hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the Developer's
approval of counsel, which shall not be unreasonably denied, and at the Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Developer and cooperate in the defense. Developer upon such notification shall deposit
with City sufficient funds in the judgment of City Finance Director to cover the expense
of defending such action without any offset or claim against said deposit to assure that
the City expends no City funds. If both Parties elect to defend, the Parties hereby agree
to affirmatively cooperate in defending said action and to execute a joint defense and
confidentiality agreement in order to share and protect the information, under the joint
defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third party litigation of Project Approvals without the Developer's
consent, which consent shall not be unreasonably withheld, conditioned, or delayed
unless Developer materially breaches this indemnification requirement.
3. 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 development standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. 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 Development Services Department.
5. Construction of said project shall commence within two years 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.
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PLANNING COMMISSION RESOLUTION NO. 2793
6. Any proposed modifications to this approval shall require an amendment to the
application, which will result in a new public hearing.
7. The applicant shall enter into a Housing Agreement (HA) with the City's Housing Division
to finalize affordable housing requirements as part of this project. No less than100% of
all units within the project shall be available at affordable rents as specified in the HA.
The HA shall be signed and completed by both the City and the applicant prior to issuance
of a Certificate of Occupancy.
8. 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
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
9. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by the applicable waste company and Department of
Development Services and shall include a recycling program.
10. All sidewalk plans shall be reviewed and approved by the Public Works Department.
11. This project is subject to payment of the City's Public Art fee. The fee will be applied at
the time of a building permit issuance and shall remain in the City's public art fund.
12. If Native American cultural resources are discovered during project development and
construction, all work in the immediate vicinity of the find shall cease and a qualified
archeologist meeting Secretary of Interior standards shall be hired to assess the find.
Work on the overall project may continue during this assessment period. If significant
Native American cultural resources are discovered that require a Treatment Plan, the
developer or his archeologist shall contact the Morongo Band of Mission Indians. If
requested by the Tribes, the developer or archeologist shall, in good faith, consult on the
discovery and its disposition.
13. 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.
14. All mitigation measures identified in the CEQA Environmental Assessment and Initial
Study shall be incorporated into the planning, design, development, and operation of the
project.
15. Final landscape and irrigation documents shall be prepared by a Landscape Architect
registered with the State of California and shall be submitted to the City's Land
Development Division and the Coachella Valley Water District for review and approval.
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PLANNING COMMISSION RESOLUTION NO.2793
All sheets shall be wet signed by the Landscape Architect and shall include the license
number and the expiration date. The landscape plan shall conform to the preliminary
landscape plans prepared as part of this application, and shall include dense plantings
of landscape material. All plants shall be a minimum of five gallons in size and all trees
shall be a minimum 24-inch box in size.
16. All project irrigation systems shall function properly and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the project site, as well as walkways
and the portion of public right-of-way abutting the project site (parkways and medians).
Furthermore, the plans shall identify responsibility for the continued maintenance (such
as homeowners' association, landscape maintenance district, property owner, etc.).
17. All exterior rooftop mechanical, heating and air conditioning equipment, and all
appurtenances thereto, shall be completely screened from public view by parapet walls
or roof screens that are architecturally treated to be consistent with the building. The final
construction plans shall include appropriate drawings demonstrating how such
equipment is to be screened from view.
18. All ground -mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened through the use of landscaping and/or masonry walls.
19. The applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC) and as specified in the ARC Notice of Action dated May 20,
2021.
20. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
21. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on -site
during Project construction.
22. The final design of all site walls shall be subject to review and approval by the Palm
Desert Development Services Department.
23. All monument signage shall be subject to review and approval by the Palm Desert
Architecture Review Commission and shall comply with Palm Desert Municipal Code
Chapter 25.56.
24. The Applicant shall implement measures to prevent direct line -of -sight between west -
facing apartment units in Buildings Nos. 4, 5, 11, and 12 and the Riverside County
Sheriff's station to the west of the project site. The measures shall include but may not
be limited to the installation of landscape screening and window treatments to prevent
line of sight. These measures shall be subject to approval by the Palm Desert
Development Services Department, in consultation with the Riverside County Sherriff's
Department. The approved measures shall be adequately maintained at all times in
perpetuity.
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PLANNING COMMISSION RESOLUTION NO. 2793
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PUBLIC WORKS DEPARTMENT:
Prior to the issuance of grading permits the applicant shall:
25. Submit a grading plan to the Land Development Division for review and approval. Any
changes to the approved civil plans must be reviewed for approval prior to work
commencing.
26. Dedicate a 20-foot drainage easement to the City along the Gerald Ford Drive frontage
to convey drainage from the Riverside County Sheriff Station to the City -owned retention
basin located in the adjacent parcel.
27. A parcel map waiver shall be recorded creating a parcel line along the south end of the
property as shown on the approved technical site plan.
28. The applicant shall receive permission and obtain an encroachment permit from the
owner of the adjacent parcel to the south prior to off -site grading
29. The drainage swale to the adjacent parcel to the south shall be maintained by the owner
until the parcel is fully developed by a future developer. The swale shall be designed to
prevent erosion.
30. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project.
31. Drainage fees in accordance with PDMC Section 26.49 and Ordinance number 653 shall
be paid prior to the recordation of the tract map.
32. Submit a final Water Quality Management Plan (WQMP) for 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 a 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.
33. Submit a PM10 application to the Public Works Department for approval. The applicant
shall comply with all provisions of PDMC Code Section 24.12 regarding Fugitive Dust
Control.
34. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
35. 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.
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PLANNING COMMISSION RESOLUTION NO.2793
36. 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 off -site
improvements. Improvements include but are not limited to:
A. The construction of Vitalia Way to a complete half -width plus an additional 12-foot
lane.
B. The installation of the City Engineer approved storm drain to convey drainage from
the Riverside County Sheriff Station to the City -owned drainage basin.
C. The construction of an eight -foot ADA-compliant sidewalk along Gerald Ford Drive
designed per the approved plan.
D. The construction of five ADA compliant curb ramps at the entrances of the Project
on Vitalia Way and the side of Gerald Ford Drive west of Vitalia Way.
E. The installation and maintenance of the fair share of a traffic signal located at
Gerald Ford Drive and Rembrandt Way.
F. The installation of a six-foot sidewalk on Vitalia Way designed per the approved
plan.
Construction of the above -mentioned improvements shall be subsequent to the applicant
obtaining an encroachment permit from the City of Palm Desert.
BUILDING AND SAFETY DIVISION:
37. 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.
38. 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
39. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1351.
40. 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 11 A & B (as applicable) and Chapter 10.
41. 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
and 506.
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PLANNING COMMISSION RESOLUTION NO. 2793
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42. 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 grade plane")
43. 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 firewalls, use the floor area of each separate "building" to justify the area.
CBC Section 508.4.2 and 706.1
44. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
45. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and
11 B705.1.2.2. 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. 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.
46. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to Building and Safety Division. Pools and
Spas for public use are required to be accessible.
47. Submit a detailed analysis that labels and clearly shows compliance with CBC Section
1102A.3 for housing accessibility for multistory apartment buildings without elevators.
48. 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.
49. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
50. 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 the 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 Building and Safety Division counter staff.
51. Please contact Tameca Williams, Management Specialists Il, at the Building and Safety
Division (760-776-6420) regarding the addressing of all buildings and/or suites.
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PLANNING COMMISSION RESOLUTION NO. 2793
FIRE DEPARTMENT:
52. The applicant shall comply with all the conditions of Riverside County Fire Department's
Planning Case Conditions Letter dated March 16, 2021.
END OF CONDITIONS OF APPROVAL
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