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HomeMy WebLinkAboutPP CUP 20-0003 Chandi Plaza NOA-RES73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:76o 346—o6ii info@cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION December 16, 2020 Chandi Group USA 42270 Spectrum Street, Suite A Indio, California 92203 Subject: Consideration of a Precise Plan, Conditional Use Permit, and Tentative Parcel Map for a Mixed -use Building Consisting of Residential and Retail The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of December 15, 2020: Waived further reading and adopted Planning Commission Resolution No. 2784, recommending to the City Council approval of Case Nos. PP/CUP 20- 0003 and TPM 38023, subject to add the following to the condition of approvals. - 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. The motion was carried by a 5-0 vote. Enclosed for your records is a fully executed copy of Resolution No. 2784. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within 15 days of the date of the decision. If you have any questions or require additional information, please do not hesitate to contact Associate Planner at (760) 346-0611, Extension 485 or kswartz@cityofpalmdesert.org. Sincerely, s /�C_ 4-A RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION cc: File Building & Safety Department Public Works Department Fire Marshal L� PRIXIFO ON RF(Y(LFD PNPFR PLANNING 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 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: 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 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: 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. " 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. 3 PLANNING COMMISSION RESOLUTION NO. 2784 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 PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of the Precise Plan, Conditional Use Permit, and Tentative Parcel Map 38023 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of December 2020, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE LIN AY HOLT, AIR ATTEST: RYAN STENDELL, SECRETARY PLANNING COMMISSION 4 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 5 PLANNING COMMISSION RESOLUTION NO. 2784 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. 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. DEPARTMENT OF PUBLIC WORKS: 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. 10 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 beenfiled. 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. 7 PLANNING COMMISSION RESOLUTION NO. 2784 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. BUILDING AND SAFETY DEPARTMENT: 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 EnergyCode. F. 2019 California Green Building Standards Code G. 2019 California Administrative Code. H. 2019 California Fire Code and its appendicesand 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 11 A & B (as applicable) and Chapter 10. 39. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206). 40. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 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 Department of Building and Safety. PLANNING COMMISSION RESOLUTION NO. 2784 1 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 4