HomeMy WebLinkAboutRes No 2807 PLANNING COMMISSION RESOLUTION NO. 2807
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE
CITY COUNCIL FOR THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF CHANGE
OF ZONE 21-0001 TO ESTABLISH A HIGHER RESIDENTIAL DENSITY (8-
UNITS PER ACRE), TENTATIVE PARCEL MAP 38033, AND PRECISE
PLAN 21-0008 TO CONSTRUCT 32 SINGLE-STORY CONDOMINIUM
UNITS, CLUBHOUSE, AND POOL/SPA ON 3.91 ACRES AT THE
SOUTHWEST CORNER OF GERALD FORD DRIVE AND SHEPHERD LANE
CASE NOS: CZ 21-0001, TPM 38033, and PP 21-0008
WHEREAS, Desert Luxury Apartments, LLC, propose to develop 32 condominium
units on an undeveloped 3.91-acre site, located on the southwest corner of Gerald Ford Drive
and Shepherd Lane east of the Riverside County Sheriff Station with site improvements
consisting of one-story condominiums, clubhouse, and pool/spa ("Project"); and
WHEREAS, street improvements include the construction of a new commercial
driveway along Gerald Ford Drive, and a new eight-foot wide meandering sidewalk along the
length of the property fronting Gerald Ford Drive; and
WHEREAS, the Project complies with the goals and policies contained in the City's
General Plan that 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
PLANNING COMMISSION RESOLUTION NO. 2807
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1 st day of February 2022, hold a duly noticed public meeting where members of the public
were allowed 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 CEQA. 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 is 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 dated
January 2022 contain a complete and accurate reporting of the environmental impacts
associated with the Project. The documents have been completed in compliance with CEQA,
the State CEQA Guidelines, and City of Palm Desert local CEQA guidelines. 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. 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 MND has not been substantially revised after the public notice of its
availability, and recirculation is not required. (State CEQA Guidelines, § 15073.5.) The
Planning Commission further finds that the MND contains a complete, objective, and accurate
reporting of the environmental impacts associated with the Project and reflects the
independent judgment of the Planning Commission.
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PLANNING COMMISSION RESOLUTION NO. 2807
SECTION 4. Findings on the Tentative Parcel Map. In recommending approval of
this project, the Planning Commission makes the following findings:
Findings necessary to determine a Tentative Parcel Map (TPM) acceptable:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The proposed project of 32 condominium units on 3.91 acres is consistent with the
proposed General Plan Designation "Conventional Suburban Neighborhood,"
which allows low-intensity residential developments between three (3) and eight
(8) du/acre. This designation is intended for single-family houses and small multi-
family dwellings. At maximum density, the property would allow up to 32 dwelling
units, which is consistent with the number of proposed units for this project.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The Development Services Department, Economic Development, 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, and minor roadwork
along Gerald Ford Drive is needed. All internal project streets that serve TPM
38033 conform to City standards and are consistent with adjoining residential
developments. There are no specific plans for the property.
3. That the site is physically suitable for the type of development.
The 3.91 acres are physically 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 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 surrounding
developments. The current zone allows for five dwelling units per acre (du/acre).
The proposed 32 condominium units provide a density of eight (8) du/acre. The
property allows for the proposed eight (8) du/acre, subject to a Change of Zone
(CZ) to eight (8) du/acre. The parcel is adequate to accommodate the proposed
32 units, all site access (public and private), utilities, and drainage facilities. The
parcel size of the proposed subdivision design provides for adequate roadways
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PLANNING COMMISSION RESOLUTION NO. 2807
and infrastructure that allows for the site to be physically suitable for residential
development.
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.
The proposed TPM 38033 is consistent with the City of Palm Desert General Plan
2040, and upon analysis, meets the density and development standards of its
zoning district. The design of the subdivision will not conflict with easements
acquired by the public at large for access through or use of property within the
proposed subdivision because all such improvements will be constructed to be
adequate for the proposed project. The environmental assessment has been
reviewed for the proposed subdivision, and it will not cause substantial
environmental damage or substantially avoidably 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.
The required conditions of approval ensure the proposed project from being
detrimental to the public health, safety, or welfare and actually protect and promote
the public health, safety and welfare, and the conditions prevent material injury to
properties or improvements in the vicinity.
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 32 condominium units comply 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 and open space provided throughout the subdivision. Storm
drainage, sanitary sewer, water, streets, and all utilities are available to the site
and have the capacity to accommodate the project. The subdivision has been
designed so the parcels have the necessary infrastructure to adequately serve the
development and all proposed uses as allowed by the zoning ordinances that
regulate the project.
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 map (TPM 38033) includes easements for roadways, drainage facilities, and
utilities that will be recorded in the final map. No known public easements
traversing the subject site that would be adversely affected by the Project.
Therefore, the design of the subdivision will not conflict with easements acquired
or required by the public at large for access through or use of the property.
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PLANNING COMMISSION RESOLUTION NO. 2807
In addition, the applicant is responsible for the maintenance of the retention basins
outlined in the conditions of approval. Surrounding perimeter City streets are built
out to the General Plan designation.
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 Monitoring and Reporting Program. The
Planning Commission hereby recommends that the City Council approve and adopt the
Mitigation Monitoring and Reporting Program prepared for the Project, which are included in
the MND.
SECTION 7. Approval. The Planning Commission hereby recommends the City
Council approve and adopt the Change of Zone, Tentative Parcel Map, and Precise Plan
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 "A."
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
73510 Fred Waring Drive, Palm Desert, CA 92260. Martin Alvarez, 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 shall sign this Resolution, and the Secretary to the Commission shall attest and
certify to the passage and adoption thereof.
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 Case Nos: CZ 21-0001, TPM 38033, and PP 21-0008.
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PLANNING COMMISSION RESOLUTION NO. 2807
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1st day of February 2022, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, and HOLT
NOES: NONE
ABSENT: GREGORY and PRADETTO
ABSTAIN: NONE
u
J JEEN'"D, CHAIR
ATTEST:
MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2807
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NOS: CZ 21-0001, TPM 38033, and PP 21-0008
PLANNING/LAND DEVELOPMENT 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 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 Palm Desert Municipal Code (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. The applicant shall commence project construction 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.
6. Any proposed modifications to this approval shall require an amendment to the
application, which will result in a new public hearing.
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PLANNING COMMISSION RESOLUTION NO. 2807
7. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
8. 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.
9. 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:
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.
10. Prior to the approval of construction plans by the Development Services Department,
access to trash and 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.
11. The project approval shall be contingent upon the construction of single-story units.
12. All interior and exterior sidewalks shall meander throughout the project.
13. Prior to issuance of a building permit, this project shall be 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.
14. Prior to the issuance of any permit, a qualified archeologist shall complete a cultural
resources inventory prior to any development activities within the project area.
15. 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.
16. 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
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 according 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 determine the Most Likely Descendant (MLD).
The City and Developer will work with the designated MLD to determine the final
disposition of the remains.
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PLANNING COMMISSION RESOLUTION NO. 2807
17. Prior to the approval of construction plans by the Development Services Department, the
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.
18. 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.
19. Prior to the approval of a Building Permit by the Development Services Department, 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 Development
Services Department 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.
20. 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). Furthermore,
the plans shall identify responsibility for the continued maintenance (such as
homeowners' association, landscape maintenance district, property owner, etc.).
21. Prior to the approval of a Building Permit by the Development Services Department, all
exterior rooftop 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.
22. Prior to the approval of a Building Permit by the Development Services Department, 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.
23. Prior to the approval of a Building Permit by the Development Services Department, the
applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC), as referenced in the December 14, 2021, Notice of Action.
24. Prior to the approval of a Building Permit by the Development Services Department, the
final design of all site walls and monumentation (signage) walls shall be reviewed and
approved by the Development Services Department.
25. If the existing bordering southern wall (neighboring properties along Scholar Lane east
and west) is damaged in any way during grading or construction, the applicant shall
replace or repair all damages to the wall subject to a building permit.
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PLANNING COMMISSION RESOLUTION NO. 2807
Prior to recordation of the Parcel Map and any permits:
26. The parcel map shall be submitted to the Director of Development Services for review
and approval.
27. The applicant shall record Parcel Map 38033 within two (2) years of project approval.
28. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
29. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the
recordation of the parcel map.
30. Pad elevations, as shown on the parcel map, shall be subject to review and modification
in accordance with Chapter 27 of the PDMC.
31. The applicant shall submit Covenants, Conditions, and 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.
32. 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 or the
recordation of the parcel map.
33. Drainage fees in accordance with PDMC Section 26.49 and Ordinance number 653 shall
be paid prior to the recordation of the parcel map.
Prior to the issuance of grading permits, the applicant shall:
34. The applicant shall submit a grading and drainage plan to the Department of
Development Services for review and approval by the City Engineer. Any changes to the
approved civil plans must be reviewed for approval prior to work commencing. The
grading and drainage plan shall include but not be limited to the following elements:
A. The City of Palm Desert General Notes and Grading Notes.
B. The total area and disturbed area of the project in acres.
C. Construction notes and quantities.
D. Proposed and existing utilities.
E. Cut and fill quantities.
F. Landscaping areas.
G. Spot elevations.
H. Proposed and existing property lines and easements.
I. Square footage of building.
J. Top of wall and top of footing elevations.
K. Top of grate and invert elevations.
L. Finish floor and pad elevations.
M. Horizontal location of structures.
N. Parking lot striping and dimensioned drive aisles.
O. Existing grades of adjacent parcels.
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PLANNING COMMISSION RESOLUTION NO. 2807
35. The applicant shall submit any reports or agreements to the City Engineer that are
relevant to the project including but not limited to soils reports, hydrology or hydraulic
reports, maps, development agreements, Exclusive Negation Agreements (ENA), and a
preliminary title report with the first grading submittal.
36. The applicant shall submit a PM10 application to the Land Development Division for
approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding
Fugitive Dust Control.
37. Prior to the issuance of a grading permit, the applicant shall install a PM10 sign with the
contact information of the contractor or owner on the project site.
38. The applicant shall 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 Land
Development Division.
39. The applicant shall 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.
40. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
41. This project is proposing to construct improvements in the public right-of-way. The
applicant shall obtain an encroachment permit from the Public Works Department prior
to commencement of work in the right-of-way.
42. Traffic control plans shall be submitted to the Public Works Department for review and
approval prior to the issuance of an encroachment permit.
43. Any damage to an existing street or sidewalk during construction shall be repaired to the
satisfaction of the Public Works Inspector and City Engineer at the expense of the
developer.
44. 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 shall be in accordance with the Development Agreement.
Improvements include but are not limited to:
A. The construction of an ADA compliant, eight-foot (8') meandering sidewalk on
Gerald Ford Drive and Shepherd Lane.
B. The construction of commercial driveways at the project entrances on Gerald Ford
Drive and Shepherd Lane.
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PLANNING COMMISSION RESOLUTION NO. 2807
C. The construction of ADA compliant curb ramps at the entrances of the project on
Gerald Ford Drive and Shepherd Lane, and on the corner of Gerald Ford Drive and
Shepherd Lane.
During the course of the project, the applicant shall:
45. Schedule a Site Inspection through the Permit Center to meet and confer with the Public
Works Inspector.
46. Prior to a footing inspection from the Building Department the engineer shall submit a
signed and stamped Form Certification to Land Development for review and approval.
47. Submit a Letter of Certification to the Land Development Department prior to scheduling
of a Final Inspection.
48. Violation of any of the conditions of approval may be cause for revocation of the grading
permit.
BUILDING AND SAFETY DIVISION:
49. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. California Administrative Code.
H. California Fire Code and its appendices and standards.
50. 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
51. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1351.
52. A disabled access overlay of the precise grading plan is required to be submitted to the
Building and Safety Division for plan review of the site accessibility requirements as per
2016 CBC Chapters 11 A & B (as applicable) and Chapter 10.
53. 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. 2807
54. 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 a Grade Plan, Story,
and Story above grade plane).
55. 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.
56. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
57. 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.
58. 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.
59. Submit a detailed analysis that labels and clearly shows compliance with CBC Section
1102A.3 for housing accessibility for multistory apartment buildings without elevators.
60. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
61. 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.
62. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 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.
63. Please contact the Permit Center Division at (760) 776-6420 regarding the addressing
of all buildings and/or suites.
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PLANNING COMMISSION RESOLUTION NO. 2807
FIRE DEPARTMENT:
64. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water
system shall be submitted to the Fire Department for review and approval. The water
system shall be capable of delivering the required fire flow. Fire hydrant(s) location and
spacing shall comply with the fire code. An approved water supply for fire protection
during construction shall be made available prior to the arrival of combustible materials
on site. Reference 2016 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.
65. Fire Department Access: Prior to building permit issuance, approved vehicle access,
either permanent or temporary, shall be provided during construction Ref. CFC 503.1.1,
3310.1, and 503.2.1.
66. Requests for installation of traffic calming designs/devices on fire apparatus access
roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC
503.4.1.
67. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-
family dwellings per the California Residential Code (CRC). Plans must be submitted to
the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC
313.2.
68. Addressing: All residential dwellings shall display street numbers in a prominent location
on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the
Fire Marshal Standard No. 07-01.
69. These Fire conditions are preliminary, and further review will occur upon receipt of
construction plans. Additional requirements may be required based upon the adopted
codes at the time of submittal.
END OF CONDITIONS OF APPROVAL
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