HomeMy WebLinkAboutRes No 2820 PLANNING COMMISSION RESOLUTION NO. 2820
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVE THE REFUGE SPECIFIC PLAN LOCATED ON 106.4 ACRES AT
THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND REMBRANDT
PARKWAY
CASE NOS. SP/EA22-0001
WHEREAS, Refuge Palm Desert, LLC ("Applicant"), submitted a Specific Plan
application for the Refuge Palm Desert Project to facilitate the development of up to 969
residential units, circulation, and infrastructure improvements on a vacant 106.4-acre site
located at the southwest corner of Gerald Ford Drive and extension of improvements
("Project"); and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood
(TCN) in the General Plan adopted November 10, 2016, and a zoning designation of Planning
Residential (PR-20); 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 Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
conducted an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was required;
and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the
City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration
(MND), SCH# 2022100013 (EA 22-0001) and an accompanying Mitigation Monitoring and
Reporting Program (MMRP), were prepared for the Project; and
WHEREAS, the Project is consistent with the development density and use
characteristics considered by the General Plan EIR in the TCN land use designation; and
WHEREAS, on September 29, 2022, the City Council of the City of Palm Desert
adopted the 2021-2029 Housing Element for the 6th Cycle, which allocates that the Project
site provides a minimum of 269 units for affordable housing; and
WHEREAS, the Refuge Specific Plan ("Specific Plan") has been prepared pursuant to
the California Government Code §65451 and is compliant with state law; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of October 2022, hold a duly noticed public hearing to consider the request by
the Applicant for approval of the above-noted Project request; and
PLANNING COMMISSION RESOLUTION NO. 2820
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; 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, which are outlined in the staff report, exist to justify
approval of said request:
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. Specific Plan Statutory Requirements. Pursuant to Government Code
§65451, a specific plan must contain the minimum required information in order to be
considered legally adequate. The Specific Plan provides the following items compliant with
state law:
§65451(a) A specific plan shall include a text and a diagram or diagrams which specify all of
the following in detail:
1) The distribution, location, and extent of the uses of land, including open space, within
the area covered by the plan.
The Specific Plan provides exhibits throughout Chapter 1 and Chapter 2 identifying
the extent and location of land uses and open space covered by the plan. Exhibits are
provided, which depict the location of the five (5) planning areas, land uses, and
residential densities within each Planning Area. Table 2.1 — Land Use Summary found
in section 2.1 Land Use Plan of the Specific Plan identifies the acreage and allowable
residential density range for Planning Areas within the plan area. Chapter 2.2, found
in the Specific Plan, provides a description of the land use for each respective planning
area. Figure 2.1 — Conceptual Land Use Plan found on the Specific Plan provides a
diagram illustrating the location of Planning Areas throughout the plan area.
2) The distribution, location, and extent and intensity of major components of public and
private transportation, sewage, water, drainage, solid waste disposal, energy, and
other essential facilities to be located within the area covered by the plan and needed
to support the land uses described in the plan.
The Specific Plan contains an infrastructure plan for essential major components of
public and private transportation, sewage, water, drainage, solid waste disposal,
vehicle entry, and other essential facilities. The plan identifies necessary
improvements for the development, including descriptive text and illustrative diagrams
under Chapters 2.3 through 2.6 of the Specific Plan. The Specific Plan includes
diagrams and exhibits depicting planned infrastructure improvements necessary to
facilitate the planned land use. The improvements will include water and sewer (see
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PLANNING COMMISSION RESOLUTION NO. 2820
Chapter 2.5), grading and drainage (Chapter 2.6) as well as a plan for phasing of the
improvements over the planned buildout. The Project will be connecting to the existing
respective 12-inch water and sewer mains located on Gerald Ford Drive and Julie
Drive, which are provided by the Coachella Valley Water District (CVWD). The Project
prepared a Water Supply Verification/Water Supply Assessment, which has been
approved by CVWD and indicates that there are adequate water supplies for the
Project.
3) Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
The Specific Plan contains standards and criteria by which development will proceed,
and standards for the conservation, development, and utilization of natural resources.
Development of the land under land use change consideration will need to comply
with these requirements. Chapter 3 of the Specific Plan establishes the general
development standards for each of the five (5) PAs. Chapter 3.2 outlines the allowable
uses for all Planning Areas and generally allow residential uses within Planning Areas
(PA) 1 through 3 and space areas within PAs 4 and 5. Chapter 3.3 outlines the
development standards for each of the five (5) Planning Areas. General design
guidelines for all Planning Areas are provided under Chapter 4 of the Specific Plan.
4) A program of implementation measures, including regulations, programs, public works
projects, and financing measures necessary to carry out paragraphs (1), (2), and (3).
The Specific Plan Development of the land use change will require implementation
measures, including regulation, programs, public works projects, and financing
measures necessary to carry out the provisions contained in paragraphs (1), (2), and
(3) above. Chapter 2 and Chapter 5 identify the measures including private financing
measures and improvements needed to carry out the Specific Plan.
§65451(b) The Specific Plan shall include a statement of the relationship of the Specific Plan
to the General Plan.
The Specific Plan provides a statement of the relationship of the Specific Plan to the
applicable goals, policies, and objectives of the Palm Desert General Plan (Chapter 6).
These statements are provided under Chapter 6 and elaborated on the Specific Plan's
consistency with applicable Palm Desert General Plan objectives, goals, and policies
included in the Land Use element, Mobility (Circulation) element, Health and Wellness
element, Environmental Resource (Open Space), Noise element, Safety element, Public
Utilities and Services Policy.
SECTION 3. Findings of Specific Plan. In recommending approval of this Project, the
Planning Commission, shall make the following findings in accordance with the Palm Desert
Municipal Code (PDMC):
1. Consistent with the General Plan. The Specific Plan or amendment is consistent with
the goals, objectives, and policies of the General Plan.
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PLANNING COMMISSION RESOLUTION NO. 2820
The Specific Plan is consistent with the Palm Desert General Plan goals and policies
of the Land Use Element. The Project site is designated Town Center Neighborhood
(TCN) by the Palm Desert General Plan Land Use Element (see page 30 of the
General Plan). The TCN designation is intended to provide moderate to higher
intensity neighborhood development that features a variety of housing choices,
walkable streets, and mixed uses with an allowable density range of seven (7) to 40
dwelling units per acre. The Project falls within the allowable density range established
for the TCN land use designation by providing an overall Project density of 7.0 to 9.1
dwelling units per acre. Additionally, the Project implements the goals, policies, and
objectives of the General Plan with respect to the intended built form and character
established for the TCN designation, which allows a variety of residential housing
types, including single-family detached, attached, condominiums, attached multi-
family and detached multi-family organized around connected pedestrian circulation,
open space, and walkable streetscapes.
2. Public Welfare. The Specific Plan or amendment will not create conditions materially
detrimental to the public health, safety, and general welfare.
The Specific Plan will not create conditions materially detrimental to the public health,
safety, and general welfare or cause serious health problems. The Project is not
located within a hazardous area that would be subject to flooding, liquefaction,
landslide, fault zones, or other natural hazards. The Project does not generate adverse
effects that would cause public health problems. Ground disturbing activities are
conditioned to prepare plans to control fugitive dust. The access locations to the
subdivision have been evaluated in accordance with a traffic impact analysis.
3. Land Use Compatibility. The Specific Plan or amendment is compatible with zoning
on adjacent properties and ensures development of desirable character that will be
harmonious with surrounding properties.
The Specific Plan will establish five (5) Planning Areas that will support the
development of a variety of residential housing types including multi-family
apartments, attached and detached multi-family garden-style apartments, alley-
loaded townhouses, and detached single-family residential. The Specific Plan will
establish standards to ensure that new development is compatible with surrounding
existing residential single-family development in terms of scale, density, and height.
To achieve this, the Specific Plan will limit all future housing adjacent to the existing
single-family residential to the east and southern edges of the property to a single
story in height. In addition, the Specific Plan will establish a planning area that consists
of a 50'-0" wide landscaped walking trail to create a buffer. The residential
development is designed to accommodate a high degree of pedestrian walkability by
establishing amenity areas that are in close proximity to residential areas.
4. Property Suitability. The Specific Plan or amendment is suitable and appropriate for
the location, access, and topography for the development of the subject property.
The site is physically suitable for the density of development. The allowable density
for the site has been evaluated by the General Plan. The Applicant has prepared the
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PLANNING COMMISSION RESOLUTION NO. 2820
appropriate technical studies to assess that the site is physically suitable to develop
and will not result detrimental environmental impacts.
5. CEQA. The Specific Plan or amendment has been reviewed in compliance with the
provisions of the CEQA.
The Specific Plan has been reviewed in compliance with the provisions of the CEQA.
Under the CEQA and the State CEQA Guidelines, an Initial Study has been prepared
to analyze the environmental impacts of 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 (MMRP). The MMRP is attached to this resolution as "Exhibit
A." The Planning Commission recommends that the City Council adopt the MND for
the purposes of CEQA.
SECTION 4. Project Recommendations. The Planning Commission hereby
recommends approval of SP/EA22-0001 to the City Council, subject to the findings and
conditions of approval.
SECTION 5. 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. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
SECTION 7. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
ADOPTED ON October 18, 2022.
NANCY DE LU A
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2820
I, Chris Escobedo, Secretary of the City of Palm Desert, hereby certify that Resolution
No. 2819 is a full, true, and correct copy, and was duly adopted at a regular meeting of the
Planning Commission of the City of Palm Desert on October 18, 2022, by the following vote:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: GREGORY
IN WITNESS WHEREOF, I have hereunto spt my hand and affixed the official seal of the City
of Palm Desert, California, on October, 2022.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANOWOMMISSION RESOLUTION NO. 2820 r
EXHIBIT A
CITY OF PALM DESERT
REFUGE SPECIFIC PLAN
MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure Party Timing/Phase Action to Be Taken to Comply
BIOLOGICAL RESOURCES
BIO.1 Burrowing Owl Surveys Planning & Prior to Study submitted prior to issuance of grading
To mitigate potential impacts to burrowing owl, two pre-construction Engineering ground permits or other site-disturbing
surveys shall be conducted in accordance with CDFW protocol. The Depts, disturbance. authorizations.
first survey shall occur between 14 and 30 days prior to ground Developer
disturbance, and the second shall occur within 24 hours of the initiation
of ground disturbance activities for any phase of development on the
Project site.
• If no owls are detected during those surveys, ground disturbance
may proceed without further consideration of this species,
assuming there is no lapse between the surveys and construction,
because the protocol states "time lapses between Project activities
trigger subsequent take avoidance surveys including but not limited
to a final survey conducted within 24 hours prior to ground
disturbance."
• If burrowing owls are detected during the surveys, avoidance and
minimization measures shall be required. Avoidance and
minimization measures may include establishing a buffer zone,
installing a visual barrier, implementing burrow exclusion and/or
closure techniques, in conformance with CDFW protocol.
BIO.2 Migratory Bird Treaty Act City, Prior to Study submitted prior to issuance of grading
If ground disturbance or tree or plant removal is proposed between Developer ground permits or other site-disturbing
February 1 st and August 31 st, a qualified biologist shall conduct a disturbance. authorizations.
nesting bird survey within 7 to 10 days of initiation of grading onsite,
focusing on MBTA covered species. If active nests are reported, then
species-specific measures shall be prepared. At a minimum, grading in
the vicinity of a nest shall be postponed until the young birds have
fledged. For construction that occurs between September 1 st and
January 31 st, no pre-removal nesting bird survey is required.
• In the event active nests are found, exclusionary fencing shall
be placed around the nests until such time as nestlings have
fledged. Avoidance buffers shall be 100 to 300 feet from the
nests of unlisted songbirds, and 500 feet from the nests of
birds-of-prey and listed species.
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PLANNING COMMISSION RESOLUTION NO. 2820
CITY OF PALM DESERT
REFUGE SPECIFIC PLAN
MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure Party Timing/Phase Action to Be Taken to Comply
CULTURAL AND TRIBAL RESOURCES
COLA Archaeological and Tribal Monitoring Planning During any Monitoring Agreement to City prior to
Earth-moving activities, including grading, grubbing, trenching, or Department, site grading permits.
excavations at the site shall be monitored by a qualified archaeologist Engineering, disturbance. Report of findings 30 days after end of
and a Native American monitor. Project grading.
Archaeologist
If any cultural materials more than 50 years of age are discovered, they
shall be recorded and evaluated in the field. The monitors shall be
prepared to recover artifacts quickly to avoid construction delays but
must have the power to temporarily halt or divert construction
equipment to allow for controlled archaeological recovery if a
substantial cultural deposit is encountered. The monitors shall
determine when excavations have reached sufficient depth to preclude
the occurrence of cultural resources, and when monitoring should
conclude.
If artifacts are discovered, these shall be processed, catalogued,
analyzed, and prepared for permanent curation in a repository with
permanent retrievable storage that would allow for additional research
in the future.
GEOLOGY AND SOILS
GEO.1 Geotechnical Report Recommendations Project Prior to Submit geotechnical report with final grading
The Project design and construction should incorporate the following Engineer, approval of plan.
components based on each phase of development's site-specific City Engineer grading
geotechnical analysis during the preparation of precise grading plans: permit.
a. Earthwork Specifications. All earthwork and grading should be
performed in accordance with the applicable requirements of
City of Palm Desert, in compliance with all applicable
provisions of the 2019 California Building Code (CBC) and in
accordance with the recommendations in the Project
geotechnical report.
b. Site Clearing. Clearing operations should include the removal
of all vegetation and any structural features when found. Large
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PLANWCOMMISSION RESOLUTION NO. 2820 S -
CITY OF PALM DESERT
REFUGE SPECIFIC PLAN
MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure Party Timing/Phase Action to Be Taken to Comply
shrubs, when removed, should be grubbed out to include their
stumps and major root systems.
c. Ground Preparation. All unsuitable surficial materials should be
removed down to competent native dune sand deposits. The
exposed bottom surface should be scarified to a depth of at
least 6 inches, watered as necessary to achieve slightly above
optimum moisture conditions, and then recompacted in-place
to a minimum relative compaction of 90 percent.
d. Shrinkage and Subsidence. The following estimates of
shrinkage and subsidence are intended as an aid for project
planners in determining the earthwork quantities and should be
used with some caution since they are not absolute values. An
average shrinkage on the order of about 20 to 22 percent may
occur when excavated onsite soils are replaced (removed and
recompacted) as properly compacted fill. A subsidence
estimated between 0.2 and 0.22 feet may also be expected
when exposed bottom surfaces in removal areas are scarified
and re- compacted as recommended herein.
Additional recommendations on post-grading considerations,
foundations, footings and slabs on-grade design and construction,
retaining walls, masonry block walls, exterior concrete flatwork,
swimming pool and spa, and preliminary pavement sections should
also be followed in the Project design and construction.
TRAFFIC AND CIRCULATION
TRA.1 The Project proponent shall construct the following Project Gerald Ford: Installation of improvements.
improvements: Engineer, Prior to
3. Construct Traffic signal at the intersection of Gerald Ford Drive and City occupancy of
Street A/Rembrandt Parkway prior to the occupancy of the first Engineer, PA 1.
residential units in Planning Area 1. Project Julie Drive:
4. Construct westbound left turn lane with 150 feet of storage on Proponent Prior to
Gerald Ford Drive at Street A/Rembrandt Parkway prior to the occupancy of
occupancy of the first residential units in Planning Area 1. any unit in PA
2 through 6.
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PLANNING COMMISSION RESOLUTION NO. 2820
CITY OF PALM DESERT
REFUGE SPECIFIC PLAN
MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure Party Timing/Phase Action to Be Taken to Comply
5. Construct eastbound right turn lane with 150 of storage on Gerald
Ford Drive at Street A/Rembrandt Parkway prior to the occupancy
of the first residential units in Planning Area 1.
6. Construct Street A as a collector roadway with a 44-foot curb to
curb width, with one travel lane southbound, one shared
left/through lane, and one right turn lane with 125 feet of storage
northbound on Street A at Gerald Ford Drive.
7. Connect to Julie Drive as a collector roadway with a 52-foot curb to
curb width prior to occupancy of the first residential units in
Planning Areas 2 through 6.
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