HomeMy WebLinkAboutPP-CUP-EA-CZ 16-280 - Updated Res 2018-16 - 05102018 2-56PMCITY COUNCIL RESOLUTION NO. 2018-16
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a_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT FOR THE REPURPOSING OF THE
FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE TO
ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30
ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB
CASE NOS: PP/CUP/EA 16-280
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of December 2017, hold a duly noticed public hearing to consider the
request by McFadden Architects, for approval of the above -noted, and adopted
Planning Commission Resolution 2715 recommending approval of the project to the
City Council; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act,"
Resolution No. 2015-75, in that the Director of Community Development has
determined that the project will not have a negative impact on the environment and that
a Mitigated Negative Declaration (MND) has been adopted; and
WHEREAS, the Executive Course at Palm Desert Country Club (PDCC) ceased
operations in 2013 and since that time, the course has reverted back to its natural
condition; and
WHEREAS, the Executive Course is independently owned and not subject to the
voting, legal, or financial assistance of the PDCC homeowners' association (HOA); and
WHEREAS, the City cannot require the continued operation of a private business
venture, such as the operation of a golf course, and that all property owners are
afforded the ability to formal review procedure with the City for development proposals;
and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
22nd day of March, 2018, hold a duly noticed public hearing to consider the request by
the applicant and at said hearing continued the item to the April 12, 2018, and directed
staff to research issues related to: project amenities, properties that have encroached
onto the former golf course, the Settlement Agreement between the property owner and
Palm Desert Country Club Homeowners Association, and the Operation & Maintenance
Agreement; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
12th day of April, 2018, consider the request and continued the public hearing to their
meeting of May 10, 2018, and
CITY COUNCIL RESOLUTION NO. 2018-16
WHEREAS, on the 10th day of May, 2018, at said public hearing, upon hearing
and considering all testimony and arguments, if any, of all interested persons desiring to
be heard, said City Council did find the following facts and reasons to exist to justify the
approval of said request:
1. The proposed project is consistent with the goals and policies of the Palm
Desert General Plan including that the project will provide adequate transition
between the surrounding neighborhood and new development, preserves
open space, provides on -site recreational amenities, and provides a variation
in housing type for the existing Palm Desert Country Club.
2. The project and development intensity provide land use compatibility within
the boundaries of the planning areas and with adjacent properties as the
development standards and uses are similar to existing uses in the
surrounding neighborhood.
3. The project sites and proposed development intensity is suitable and
appropriate for the property in that the property provides additional residential
units within an existing predominately single-family neighborhood and
preserves and enhances half of the existing open space.
4. That the proposed project is not detrimental to the public health, safety or
general welfare, or materially injurious to the surrounding properties or
improvements in the City of Palm Desert.
Findings for Approval:
1. That the density of the proposed project is consistent with applicable general
and specific plans.
The project is for the construction of 69 condominium units on approximately
30 acres of land formerly operated for the purposes of a golf course. This
density, which is approximately 2.3 dwelling units per acre, is nearly half the
density of the existing surrounding single-family neighborhood. This type of
in -fill development is promoted in the General Plan under the following Land
Use Element policies:
• LU 1.2 — Open Space Preservation — the project balances the
development of the former golf course by preserving 49 percent of the
existing open space and creates both a quality built environment and
enhanced and recreational open space.
• LU 1.6 — Community Amenities — the project provides both private and
public amenities available to the entire PDCC neighborhood. Private
pools and sports courts are provided for use by residents of the
condominium project. New pedestrian paths, community gardens,
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CITY COUNCIL RESOLUTION NO. 2018-16
gazebos, and exercise equipment are provided . for the broader
community.
• LU 2.3 — Landscaping — the project preserves and enhances the
existing open space afforded by the former executive golf by providing
an open green space network.
• LU 2.11 — Roadway Scale — the project provides curvilinear roadways
that are 24 feet wide and are connected into the existing surrounding
roadway network. The roadway scale is appropriately sized to slow
vehicle movements in the project site. In addition, some roadways
portions are broken up to eliminate through traffic within the Sites and
to promote pedestrian connections.
• LU 3.3 — Variety of Neighborhoods — the condominium project
contributes to a varied housing product and price point for PDCC.
• LU 3.10 — Shared Driveways — the project provides for several
opportunities for shared driveways for groupings of condominium units.
These grouping and share driveways reinforce the pedestrian scale of
the roadways.
• LU 3.17 — Gated Communities — similar to the existing PDCC, this
project is not gated.
• LU 3.21 — Infill Neighborhood — this project achieves the goals of this
policy by providing additional community amenities, providing
destinations for recreational space, and providing pedestrian
connections internal to the project sites and to the broader surrounding
neighborhood.
2. That the design or improvement of the proposed project is consistent with
applicable general and specific plans.
The design and improvements of the project have been reviewed by the
Planning Department, Fire Department, and Public Works Department for
consistency with the General Plan and emergency services. The lot sizes,
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 and new streets
will be designed and constructed to City standards.
3. That the site is physically suitable for the type of development.
The development of the former Executive Course at PDCC contains
approximately 30 acres and is suitable for the development proposed.
Existing utilities and roadways serve the surrounding area and can
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CITY COUNCIL RESOLUTION NO. 2018-16
accommodate the additional development of. 69 condominium units.
Environmental, cultural, and other special studies were prepared for lands
within the project area. No environmental issues were identified that would
indicate that development in this area would be unsuitable. In addition,
existing commercial operations 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's reasonable to conclude that the site is physically suitable for
condominiums. The property is suitable for the proposed development as
conditioned and mitigated as described in the Initial Study and MND.
4. That the site is physically suitable for the proposed density of development.
The project density is 2.3 dwelling units per acre; approximately one-half the
density of the existing single-family neighborhood. Utilities are in place and
can accommodate the additional development of condominiums. Public safety
services and schools are adequately staff and can accommodate the
additional residential units. The sites can accommodate the proposed density
of the project and can achieve a 49 percent preservation of open space.
5. That the design of the project 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 the California Environmental Quality Act (CEQA), a MND of
Environmental Impact has been prepared. 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 with similar densities and
limited wildlife is present at the site. Environmental studies performed at the
site did not identify any endangered or sensitive species. In addition, the project
will pay into the Coachella Valley Multi -Species Habitat Conservation Fund for
the development of the project.
6. That the design of the project or the type of improvements is not likely to
cause serious public health problems.
The design and layout of the 69 condominium units and the improvements for
new roadways, grading, and drainage, are in compliance with all grading
requirements and the properties will be developed in accordance with the
Uniform California Building Code. Grade changes in the community are
accommodated by the street layout, retaining walls, drainage swales, and
open space provided throughout the subdivision. Pedestrian access is
provided to adjoining land uses and surrounding roadways, which decreases
the need for vehicular traffic between adjoining properties.
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CITY COUNCIL RESOLUTION NO. 2018-16
7. That the design of the project 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 new drainage improvements within the
project boundaries, including drainage swale, retention basins, curbs and
gutters. The improvements related to drainage will be provided to ensure the
project area accommodates 100 percent of the 100-year storm. Surrounding
perimeter City streets are built -out to the General Plan designation and the
developer will complete roadway connections into their project at intersections
with existing streets to their ultimate build -out. Pedestrian connections will
also be provided throughout the project area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby resolve and approve PP/CUP/EA 16-280,
subject to conditions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 10th day of Mav 2018, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SABBY JOHNATHON, MAYOR
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CITY COUNCIL RESOLUTION NO. 2018-16
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP/EA 16-280
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. 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 receive approval of Tentative Tract Maps for the condominium
development within one (1) year of project approval or all applications approved
under this Resolution shall be null and void.
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 Precise Plan and
future Tentative Tract Maps and all Palm Desert Municipal ordinances and state and
federal statutes now in force, or which hereafter may be in force.
4. 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 Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. A cultural resources inventory shall be completed by a qualified archeologist prior to
any development activities within the project area.
6. Should human remains be discovered during the construction of the proposed
project, the project coordinator will be subject to either the State law regarding the
discovery and disturbance of human remains or the Tribal burial protocol. In either
circumstance, all destructive activity in the immediate vicinity shall halt, and the
County Coroner shall be contacted pursuant to State Health and 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.
7. The project shall remain ungated and shall continue the street naming theme present
within PDCC. All street names shall be named for States of the United States of
America.
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CITY COUNCIL RESOLUTION NO. 2018-16
8. Perimeter walls shall be placed on the developer's side of the abutting property line.
The developer shall meet with and discuss the property wall design options with
abutting neighbors and offer a choice between the three options approved by the
Architectural Review Commission and Planning Commission.
9. All recreational amenities shown in the approved plans shall be installed and
maintained by the applicant, or established HOA, including, pool areas, gazebos,
pavilions, pathways, and exercise equipment. With the exception of the pool areas,
walking paths, gazebos, play areas, exercise equipment, and other community
amenities shall remain open to the general public and may not be restricted for use
solely by the condominium development. The provided examples of the amenities
represent a minimum quality of amenities for the project and any changes to the
recreational amenities, fixtures, and equipment shall be reviewed and approved by
the Director of Community Development.
10. The project shall not exceed the density approved by the City Council. All buildings
shall be single -story and shall not exceed a height of 18 feet with the exception of
architectural elements, which shall not exceed the heights permitted by the Palm
Desert Municipal Code (PDMC).
11. As a means to preserve the improvements built by individual property owners onto
the former golf course site, the applicant shall grant a "use and access" easement to
those existing properties. Said easement shall be provided on the tentative tract
maps and recorded with the maps.
12. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
13. Each Planning Area shall be subject to all applicable fees at the time of issuance of
building permits for improvements within that Planning Area.
14. The developer agrees to pay an in lieu affordable housing fee not to exceed $12.50
per gross square foot of livable space per unit for the entire project. The fee shall be
paid at building permit issuance on a per unit basis.
15. The developers and their landscape architect, agree to meet with individual
homeowners regarding final tree placement within the site area. Tree quantities
shall not be less than those shown in the preliminary landscape plan.
16. Final landscape plans shall be prepared by a registered and licensed landscape
architect and submitted to the Department of Community Development for review.
The plan shall be consistent with the preliminary landscape plans reviewed by the
Planning Commission, unless changes are requested by the Planning Department
staff. Changes shall be limited to plant quantities, sizes, types, and phasing of
landscape improvements at the project site. Landscape plans must meet the
following criteria:
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CITY COUNCIL RESOLUTION NO.2018-16
A. Must be water efficient in design and meet the City of Palm Desert's Water
Efficiency Landscape Ordinance.
B. Planting plans must show the location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specifications and details must be site specific.
E. Applicants must have the Coachella Valley Water District's (CVWD) approval of
their irrigation plans prior to City approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
G. Plantings shall be shown at a minimum size of five gallons.
H. Trees shall be shown at a minimum size of 24-inch box with a minimum one -
inch caliper.
17. The applicant shall pay into the City's Public Art Fund. It is recommended that this
fee is used for an on -site public art project within the project site.
18. 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.
19. 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.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of any Tract Maps and any permits for this project:
20. The tract maps shall be submitted to the Director of Public Works for review and
approval.
21. If applicable, record a Declaration of Annexation incorporating the new lots/owners
into the existing homeowners' association and Covenants, Conditions, &
Restrictions (CC&Rs) concurrently with the final map, unless the existing CC&R's
have provisions for such annexation, then proof of which shall be submitted prior to
tract map approval.
22. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55.
23. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert
Municipal Code and Palm Desert Ordinance Number 653.
24. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the
recordation of the tract map.
Prior to the issuance of grading permits the applicant shall:
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CITY COUNCIL RESOLUTION NO. 2018-16
25. 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. 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
Department of Public Works.
27. 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.
28. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive
Dust Control.
29. Identify all proposed and existing utilities on the precise grading plan.
30. Storm drain/retention area design and construction shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and approved
by the Department of Public Works.
31. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the PDMC.
BUILDING AND SAFETY DEPARTMENT:
32. Development of this project shall comply with the latest adopted edition of the
followin
g
codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Residential Code and its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. Title 24 California Code of Regulations.
I. 2016 California Fire Code and its appendices and standards.
32. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1265.
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CITY COUNCIL RESOLUTION NO. 2018-16
33. 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 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
34. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
35. Detectable warnings shall be provided where required per CBC 11B-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.
36. 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.
37. Public pools and spas must be first approved by the Riverside County Department
of Environmental Health and then submitted to Department of Building and Safety.
Pools and Spas for public use are required to be accessible.
38. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per PDMC, Title 5.
39. 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.
40. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC
15.28. Compliance with Ordinance 1265 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 1265 or PDMC Section
15.28 from the Department of Building and Safety counter staff.
41. Please contact the Building and Safety Department at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
FIRE DEPARTMENT:
42. 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.
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CITY COUNCIL RESOLUTION NO. 2018-16
43. The Fire Prevention Bureau is required to set a minimum fire flow for the
construction of all residential buildings per CFC Appendix B. The developer shall
provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI
residual operating pressure for a two-hour duration for single-family dwellings and
4,000 PGM at 20-PSI residual operating pressure for a four-hour duration for multi-
family projects. The developer shall also provide a water system capable of
delivering 4,000 GPM at 20-PSI residual operating pressure with a four-hour
duration for all commercial land developments.
44. The Fire Prevention Bureau is required to set minimum fire hydrant distances per
CFC Appendix C. Standard fire hydrants (6" x 4" 2 1/2" outlets) shall be located on
Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart at each intersection, and shall be located no more than
250 feet from any point on the street or Fire Department access road(s) frontage to
a hydrant for single-family dwellings and 350 feet apart at each intersection, and
shall be no more than 210 feet from any point on the street or Fire Department
access road(s) frontage to a hydrant for multi -family projects. The required fire flow
shall be available from any adjacent hydrant(s) in the system.
45. If construction is phased, each phase shall provide approved access and fire
protection prior to any building construction (CFC Chapter 5).
46. Fire apparatus access roads and driveways shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide
all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a
minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to
building construction, all locations where structures are to be built shall have fire
apparatus access roads.
47. The gradient for fire apparatus access roads shall not exceed 15 percent. All access
roads shall have an unobstructed width of not less than 20 feet for commercial and
20 feet for residential with an unobstructed vertical clearance of not less than 13
feet and six inches.
48. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning
radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet
for multi -family developments.
49. Dead end roadways and streets in excess of 150 feet, which have not been
completed, shall have a turnaround capable of accommodating fire apparatus.
50. The developer shall fumish three copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation of all private water systems
pertaining to the fire service loop for the underground water system. Plans shall be
signed by a registered civil engineer, contain a Fire Prevention Bureau approval
signature block, and conform to hydrant type, location, spacing and minimum fire
flows standards. The hydraulic calculation will be required with the underground
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CITY COUNCIL RESOLUTION NO. 2018-16
submittal to ensure fire flow requirements are being met for the on -site hydrants.
The plans must be submitted and approved prior to building permit being issued.
51. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the
Fire Prevention Bureau prior to issuance of building permits.
52. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of alarm plans must be submitted by the installing contractor to the Fire
Prevention Bureau prior to issuance of building permits.
53. A "Knox -box" shall be provided and shall be installed a minimum of six feet in height
and be located to the right side of fire riser sprinkler rooms.
54. All manual and electronic gates on required Fire Department access road or gates
obstructing Fire Department access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel.
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