HomeMy WebLinkAboutRes No 2800 PLANNING COMMISSION RESOLUTION NO. 2800
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND ADOPTING A NOTICE
OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A
PRECISE PLAN (PP) TO CONSTRUCT A ONE-STORY, TWO-UNIT
RESIDENTIAL DUPLEX BUILDING AT 73271 SAN NICHOLAS AVENUE
CASE NO: PP 19-0006
WHEREAS, the Planning Commission of the City of Palm Desert, did on the 2nd day
of November 2021, hold a duly noticed public hearing to consider the request by Olat General
Building Construction, LLC, for approval of the above noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 26th day of July 2021, hold a public hearing to consider the request by
Olat General Building Construction, LLC, and approved the architecture of the building
including, a setback reduction for two side-entry carport structures; and
WHEREAS, the project complies with the goals and policies contained in the City's
General Plan that promote multi-family housing in appropriate areas and promote a mix of
housing choice for current and future residents; and
WHEREAS, the project site is zoned R-2 (Mixed-Residential), which allows duplexes
at densities of three (3) to 10 dwelling units per acre as a permitted land use; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State 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, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director
of Development Services has determined that the project will not have a significant impact on
the environment and that the project is categorically exempt under Article 19, Section 15332
Infill Development (Class 32) of the CEQA Guidelines, as outlined in the staff report and the
project is not subject to any of the exceptions for categorical exemptions identified in CEQA
Guidelines Section 15300.2; therefore, no further environmental 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, said Planning
Commission did make the following findings to justify the approval of said request:
FINDINGS FOR APPROVAL:
1. The proposed residential duplex building is consistent with the Small Town
Neighborhood (STN) land use designation of the General Plan and compatible with
the surrounding neighborhood. The STN is intended for moderate-intensity
neighborhood development that features a variety of housing choices, walkable
PLANNING COMMISSION RESOLUTION NO. 2800
streets, and mixed uses. The STN allows densities between three (3) and 10 dwelling
units per acre, which is compatible with the R-2 zoning district, which allows densities
between three (3) and 10 dwelling units per acre. The project is a two-unit residential
duplex, which is within the allowable density range of the STN designation. Therefore,
the proposal conforms with the intent of the land use designation.
2. The project complies with development standards of the R-2 zone, including setbacks,
building height, lot coverage, and land use compatibility. The project does not
endanger the public peace, health, safety, general welfare of residents, or properties
in the vicinity.
3. The site is physically suitable for this type of development and density as the site has
access to all necessary utilities and is consistent with the zoning for allowed uses.
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 approve Case No. PP 19-0006.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 2"d day of November 2021, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
HN G EEN , CHA
ATTEST:
MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION RESOLUTION NO. 2800
CONDITIONS OF APPROVAL
CASE NO. PP 19-0006
PLANNING DIVISION:
1. 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 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 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 Palm Desert Municipal Code (PDMC), 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 by the Palm Desert Planning
Commission; otherwise, said approval shall become null, void, and of no effect
whatsoever.
6. Any proposed modifications to this approval shall require an amendment to the
application, which will result in a new public hearing.
3
PLANNING COMMISSION RESOLUTION NO. 2800
7. 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.
8. 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.
9. All sidewalk plans shall be reviewed and approved by the Public Works Department.
10. 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.
11. Lighting construction plans shall be submitted to the Department of Development
Services under PDMC Section 24.16 for any landscape, architectural, street, or other
lighting types within the project area.
12. Final landscape and irrigation documents shall be prepared by a licensed Landscape
Architect registered with the State of California and shall be submitted to the City's
Planning/Land Development Division and the Coachella Valley Water District for review
and approval. 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 (5) gallons in size,
and all trees shall be a minimum 24-inch box in size.
13. 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.).
14. All exterior rooftop mechanical, heating and air conditioning equipment, exhaust vents,
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.
4
PLANNING COMMISSION RESOLUTION NO. 2800
15. 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 using landscaping and/or masonry walls.
16. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
17. 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.
18. All walls shall conform to the PDMC and shall be treated to be architecturally compatible
with the main building. The final design of all site walls shall be subject to review and
approval by the Palm Desert Development Services Department.
LAND DEVELOPMENT (ENGINEERING) DIVISION:
Prior to the issuance of grading permits the applicant shall:
19. 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.
20. Per City of Palm Desert Resolution Nos. 79-17 and 79-55, signalization fees shall be
paid prior to the issuance of any permits associated with this project.
21. Under PDMC Section 26.49 and Ordinance Number 653, drainage impact fees shall be
paid prior to grading permit issuance.
22. 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.
23. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
24. 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 installation of a six-foot sidewalk along the site frontage on San Nicholas
Avenue designed per City Standard Drawing 104.
B. The installation of a concrete driveway on San Nicholas Avenue per City Standard
Drawing 105.
Construction of the above-mentioned improvements shall be after the applicant obtains
an encroachment permit from the City of Palm Desert.
5
PLANNING COMMISSION RESOLUTION NO. 2800
BUILDING AND SAFETY DIVISION:
25. 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.
26. Coordinate directly with the Riverside County Fire Marshal's Office by contacting (760)
863-8886 for required application, plans and specifications.
27. 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.
28. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. A detail is available on the City of Palm desert's Building and
Safety website: www.cityofpalmdesert.org
29. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
30. 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.
31. 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.
32. Please contact the Palm Desert Building and Safety Division (760-776-6420) regarding
the addressing of all buildings and/or suites.
END OF CONDITIONS OF APPROVAL
6