HomeMy WebLinkAboutRes No 2826 PLANNING COMMISSION RESOLUTION NO. 2826
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE STATE OF CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVING A PRECISE
PLAN (PP), CONDITIONAL USE PERMIT (CUP), AND ENVIRONMENTAL
ASSESSMENT (EA) FOR A 394-UNIT MULTI-FAMILY PROJECT ON AN
18.31-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRANK
SINATRA DRIVE AND PORTOLA AVENUE
CASE NOS. PP/CUP/EA 22-0006
WHEREAS, Hayes Dietrich, LLC ("Applicant"), submitted applications for a PP, CUP,
and EA for the development of a 394-unit multi-family development community consisting of
13 three-story apartment buildings, one (1) single-story clubhouse building, one (1) two-story
fitness center, two (2) swimming pools, outdoor recreation areas, landscaping, and
associated parking areas on an 18.31-acre site, including related off-site improvements
consisting of constructing of public sidewalks along street frontages, striping for bike lanes
and turn pockets, constructing three (3) vehicle driveways and modifications to the raised
center median on Portola Avenue ("Project"); and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood
(TCN) in the Palm Desert General Plan adopted November 10, 2016, and a zoning
designation of Planning Residential (PR-22); 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, an Environmental Impact Report (EIR) was prepared and certified by the
City Council as part of the Palm Desert General Plan (SCH# 2015081020); 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 EIR was required; and
WHEREAS, pursuant to the requirements of the 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), and an
accompanying Mitigation Monitoring and Reporting Program (MMRP) hereby attached as
"Exhibit A" of this Resolution, were prepared for the project; and
WHEREAS, the proposed Project is consistent with the development density and use
characteristics considered by the General Plan EIR in the TCN land use designation; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the October 25, 2022, consider the request by the Applicant at its meeting
and recommended denial of the project architecture to the Planning Commission of the
above-noted Project request; and
PLANNING COMMISSION RESOLUTION NO. 2826
and recommended denial of the project architecture to the Planning Commission of the
above-noted Project request; and
WHEREAS, Project is a qualifying housing project and subject to the Housing
Accountability Act Gov. Code, § 65589.5; and
WHEREAS, Project is consistent with the objective development standards, as
defined by Gov. Code, § 65589.5, Subd. (h)(2)(B), which were in place at the time that the
application was deemed complete, including but not limited to density, height, setbacks,
parking, open space minimum requirements, and maximum lot coverage; and
WHEREAS, based upon the project consistency with applicable objective standards,
staff is recommending the project be approved pursuant to the requirements of the Housing
Accountability Act Gov. Code, § 65589.5; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the December 6, 2022, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted project request subject to conditions; and
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 City Council 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. Findings on Conditional Use Permit. Under PDMC Section 25.72.050(F),
the findings for the tentative map are the following:
1. That the proposed location of the conditional use is in accord with the objectives of
this title and the purpose of the district in which the site is located.
The project is located within a property designated Planned Residential (PR) 22
dwelling units per acre. The purpose and character of the PR zone is to provide for a
mixture of residential densities ranging from seven (7) to 22 dwelling units per acre
and include mixed housing types and community facilities. The PR zone permits
multi-family uses through a CUP. The project will develop three-story apartments at
a density of 21.5 units per acre and provide a variety of on-site amenities for future
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PLANNING COMMISSION RESOLUTION NO. 2826
residents of the community. The project conforms to all development standards of
the PR zone and falls within the allowable density range of the subject zoning.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety,
or welfare, or be materially injurious to properties or improvements in the vicinity.
The site is physically suitable for the proposed multifamily housing development. The
site has suitable access, grading, drainage, and zoning to allow the proposed
development. 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 project includes a traffic study, and it is anticipated the project will not generate
traffic demand or congestion for the area. The proposed project includes hard
surface pedestrian pathways and connections from the public right-of-way to ensure
walkability throughout. All engineering documents, including the preliminary grading
plan and Water Quality Management Plan (WQMP), are under review to ensure the
design of the project incorporates the proper improvements, including adequately
sized retention basins for onsite drainage. In addition, the overall building design
ensures the protection of the public health, safety, and general welfare.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed development complies with all setbacks (front, rear, and side yards),
lot coverage, and parking requirements of the PR zone. Specifically, to heights, PR
allows for a building height of 40 feet. The three-story buildings vary in roof heights
between 33 feet and 37 feet with tower elements at 40 feet, which complies with the
zoning standards. The request does not include any variances or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The site is physically suitable for the proposed density of development. The
allowable density for the site has been evaluated by the General Plan. The Applicant
has prepared the appropriate technical studies to assess that the site is physically
suitable to develop. The project is compatible with the existing development pattern
within the surrounding area and with the zoning designations for the surrounding
vacant sites. The property is designated Town Center Neighborhood in the General
Plan. Land Use Policy No. 3.21 (Infill Neighborhoods), in existing developed areas,
the City encourages development that repairs connectivity, adds destinations, and
encourages complete neighborhoods. The project is designed with internal
pedestrian access and provides common area recreational amenities available to all
onsite residents (tenants). The proposed project includes private streets, pathways,
and open spaces intended to allow residents (tenants) to enjoy the project's
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PLANNING COMMISSION RESOLUTION NO. 2826
amenities, while being able to connect to public pathways, thereby creating a
pedestrian and family-oriented atmosphere.
In addition, Land Use Policy 3.3 (Variety of types of neighborhoods) promotes a
variety of neighborhoods within the City and ensures that neighborhood types are
dispersed throughout the City. The existing homes in the area are a for-sale product,
and the proposed project supports the expansion of housing by providing a for-rent
development within the City. The project promotes multifamily residential that is in
keeping with the mix of higher and lower densities in the area including, single-story
residential developments, which meets the intent of this policy.
SECTION 4. CEQA Findings. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41,
in that the Planning Commission concludes that the Project is consistent with the approved
General Plan and Zoning. In the City's role as the lead agency under CEQA, the Planning
Commission finds that the MND and Initial Study contain a complete and accurate reporting
of the environmental impacts associated with the Project. The Planning Commission further
finds that the documents have been completed in compliance with CEQA, the State CEQA
Guidelines, and the City of Palm Desert local CEQA guidelines. The Planning Commission
further finds that 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. The Planning
Commission further finds that there is 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
Planning Commission finds that the MND has not been substantially revised after public
notice of its availability, and recirculation is not required (State CEQA Guidelines, §
15073.5.). The Planning Commission 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. The proposed Project is permitted
in the zoning district where the Project site is located and consistent with the land uses,
density, and vision of the General Plan Update; and
SECTION 5. Project Approval. The Planning Commission approves the PP, CUP,
EA 22-0006; and
SECTION 6. Approval. The Planning Commission approves and adopts the Project,
subject to the Conditions of Approval attached hereto as Exhibit "B."
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PLANNING COMMISSION RESOLUTION NO. 2826
ADOPTED ON December 6, 2022.
Nancy De una (Dec 13, 2022 O8:54 PST)
NANCY DE LUNA
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2826 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 December 6, 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 set my hand and affixed the official seal of the City
of Palm Desert, California, on December
, 2022.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2826
EXHIBIT "A'
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Section Mitigation Measures Responsible for Timing Impact After
Number Monitoring Mitigation
4. Biological BIO-1: Prior to construction Developer Prior to Less than
Resources and issuance of any grading grading significant
permit, the City of Palm Desert Planning permits
shall ensure compliance with Department
the CVMSHCP and its
associated Implementing
Agreement and shall ensure
that payment of the
CVMSHCP Local
Development Mitigation Fee
for the proposed Project is
sent to the Coachella Valley
Conservation Commission
BIO-2: The project proponent Developer Prior to any Less than
shall ensure that burrowing ground significant
owl clearance survey is Planning disturbance
performed not more than 14 Department
days prior to project site
disturbance (clearing, Qualified Biologist
grubbing, grading,
construction). If any owls are
identified, the most current
protocol established by the
California Department of Fish
and Wildlife (Burrowing Owl
Mitigation) must be followed. It
is also recommended that a
survey take place 24 hours
prior to ground disturbance as
burrowing owls may colonize
or recolonize the site within the
time between the original
survey and project activities.
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PLANNING COMMISSION RESOLUTION NO. 2826
Section Mitigation Measures Responsible for Timing Impact After
Number Monitoring Mitigation
7. Geological GEO-1: A qualified Developer During Less than
Resources paleontologist shall be Planning grading and significant
retained and present during Department other
the first days of ground ground
disturbing activities. Once the Qualified Biologist disturbing
paleontologist has had a activities
chance to assess the
sediments and paleontological
potential of the project area,
he/she may make a
recommendation to reduce the
monitoring effort, as
appropriate, or continue with
full time monitoring. This
decision shall be
communicated along with the
rationalization to the City for
their records.
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PLANNING COMMISSION RESOLUTION NO. 2826
EXHIBIT "B'
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP/EA 22-0006
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with
the Development Services Department, except as modified by the following conditions.
Any variation from the approved plans must be reviewed and approved by the Planning
Division prior to building permit issuance and may require review and approval by the
Architectural Review Commission, Planning Commission, and/or City Council.
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,
the 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. The Developer, upon such
notification, shall deposit with City sufficient funds in the judgment of the 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 the 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 PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The PP shall expire if construction of the said Project shall not commence within 24
months 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.
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PLANNING COMMISSION RESOLUTION NO. 2826
5. The PP approval is for a 394-unit apartment development, consisting of 13 three-story
buildings, one (1) two-story fitness center, one (1) single-story clubhouse, two (2) pool
areas, private outdoor recreation areas, perimeter sidewalk and landscaping, and off-
site improvements to the existing raised median on Portola Avenue, constructed in a
single-phase.
6. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
7. 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.
8. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No.
2826 for PP/CUP/EA22-0006 and that the plans submitted are in compliance with the
Conditions of Approval. No modifications shall be made to said plans without written
approval from the appropriate decision-making body.
9. Prior to the 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
Building and Safety Division
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. This Project is subject to payment of the City's Public Art fee. The fee will be applied
prior to a building permit issuance and shall remain in the City's public art fund.
11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
12. All exterior lighting sources shall be fully shielded and directed downwards and is
subject to approval by the Development Services Department. Luminaries with total
lamp lumens above 16,000 lumens shall not be used. Prior to building permit issuance,
the Applicant shall submit plans for outdoor lighting as required by PDMC Section
24.16.030 and include glare ratings and color temperature for all exterior light fixtures.
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PLANNING COMMISSION RESOLUTION NO. 2826
13. 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 the
Development Services Department and shall include a recycling program and organic
waste program as required by law.
14. All trash enclosures shall be designed to match the preliminary plans showing eight-
foot-tall (8') CMU walls finished with stucco to match primary buildings and a trellis roof.
Prior to the building permit issuance, the Applicant shall submit a landscape
construction application for approval by the Development Services Department and
Coachella Valley Water District.
15. Final landscape and irrigation documents shall be prepared by a landscape architect
registered with the State of California and shall be submitted to the Development
Services Department and the CVWD for review and approval. All sheets shall be
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 live 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.
A. The Applicant shall submit final landscape construction plans to the Palm Desert
Development Services Department for review and acceptance prior to submittal
to CVWD.
16. 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.
17. Prior to the issuance of the Certificate of Occupancy, the Project shall record a
landscape maintenance agreement for all landscaping located within the public right-of-
way.
18. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect
shall submit written verification to the Planning Division that the landscaping and
irrigation have been installed per the approved landscape plan.
19. All exterior and rooftop equipment and all appurtenances thereto shall be completely
screened from public view by 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.
20. All roof drainage systems and devices shall be designed such that they are fully
screened from view from all public streets. Drainage devices, including but not limited to
down-spouts, shall not be located on any street-facing building elevation or area that is
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PLANNING COMMISSION RESOLUTION NO. 2826
clearly visible from the public right-of-way. Drainage devices shall be fully integrated
into the building structure and located within the exterior walls of the structure.
21. 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.
22. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
23. All roof access ladders shall be located on the inside of the building and shall be fully
screened by rooftop parapets.
24. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by the state and the Americans with
Disability Act (ADA) requirements, all markings shall be a minimum four-inch (4") wide
double ("hairpin" style) stripe designed to provide 18 inches measured outside to
outside under City Council Resolution No. 01-5.
25. The Applicant shall provide a minimum of 788 on-site parking spaces or two (2) parking
spaces per dwelling unit. The Applicant shall provide a minimum of one (1) covered
parking stall to each dwelling unit.
26. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
27. 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.
28. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site
fences and walls subject to review and approval by the Palm Desert Development
Services Department. The design of the walls shall be consistent with the height,
material, and design (smooth plaster finish, pilasters spaced no less than 30'-0" apart,
and cap) on the approved conceptual landscape plan.
A. The Applicant shall provide a detailed construction plan for all access gates to
staff prior to permit issuance.
B. All ground-mounted HVAC shall be screened by a minimum 42-inch low wall or
greater to screen the equipment. The design of the wall shall be consistent with
site walls and as shown on the approved preliminary landscape plans.
29. All parking areas adjacent to a public street shall be screened by a minimum 48-inch
block wall or 48-inch-tall landscape hedge.
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PLANNING COMMISSION RESOLUTION NO. 2826
30. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary site plan and provide pedestrian access points adjacent to all
vehicular driveways as shown on the approved preliminary site plan.
31. All mitigation measures identified in the Mitigated Negative Declaration shall be
incorporated into the planning, design, development, and operation of the Project.
32. The Applicant shall install monument signage at the primary project entry and the
southwest corner of the intersection of Frank Sinatra Drive and Portola Avenue. The
final design shall be subject to review and approval by the Development Services
Department and shall substantially conform with the preliminary exhibits shown and
conform with all applicable requirements of PDMC Chapter 25.56.
A. The Applicant shall install a prominent corner monument at the southwest corner
of the intersection of Frank Sinatra Drive and Portola Avenue. The final design
shall substantially match the detail shown on preliminary Landscape Plan L-2-1
dated October 18, 2022, and shall include raised planters, stone wall
monumentation, and Palm tree cluster consisting of now less than a combination
of ten (10) phoenix dactylifera and Washingtonia Filifera palm trees.
B. The Applicant shall install a decorative entry at the main entry on Portola
Avenue. The final design shall substantially match the detail shown on the
preliminary Landscape Plan L-2-1 dated October 18, 2022, and shall include
interlocking concrete pavers, monument signage, stone walls, and palms lining
the entry.
33. The Applicant shall provide payment for filing fees for the Notice of Determination
within five (5) days of project approval.
34. Prior to a Certificate of Occupancy, the Applicant shall submit a parking management
plan for the underground parking area tandem spaces for staff review
35. The Applicant shall construct site amenities, including two (2) swimming pools, a fitness
building, a clubhouse building, and open space areas, including a yoga lawn, putting
green, outdoor barbeque areas, and a dog park. The dog park shall be adequately
separated from adjacent residential buildings to prevent adverse noise or odor impacts.
36. The Applicant shall provide interlocking concrete pavers at the primary project entry on
Portola Avenue and coordinate all plans to ensure consistency. The decorative pavers
shall be kept clear from the public right-of-way.
37. The secondary northern and southern access points shall be limited to egress only and
provide gates that do not obstruct the public right-of-way.
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PLANNING COMMISSION RESOLUTION NO. 2826
38. Prior to permit issuance, the final construction drawings for the apartments and
community buildings shall return to the Architecture Review Commission to verify the
final drawings substantially conform to the preliminary plan set.
39. The Applicant shall install additional landscaping for screening purposes along Frank
Sinatra Drive, west of Portola Avenue, and east of Shepherd Lane; and the landscape
plans shall be reviewed and approved by City staff and shall be installed prior to the
Certificate of Occupancy of the first building.
40. Prior to the building permit issuance, the Applicant shall submit an alternative exterior
color scheme for Building No. 2, as shown on the CUP Site Plan dated October 3,
2022, for review and approval by the Director of Development Services.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
41. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading,
prepared by MSA Consulting, Inc. and dated October 3, 2022; Preliminary Utility Plan,
prepared by MSA Consulting, Inc. and dated October 2022; Preliminary Hydrology
Report, prepared by MSA Consulting, Inc. and dated September 30, 2022; and
Preliminary Water Quality Management Plan (WQMP), prepared by MSA Consulting,
Inc. dated September 30, 2022.
42. It is assumed that easements shown on the preliminary grading exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site will be required to be submitted with the technical
plan. The Applicant shall secure approval from all, if any, easement holders for all
grading and improvements which are proposed over the respective easement or
provide evidence that the easement has been relocated, quitclaimed, vacated,
abandoned, easement holder cannot be found, or is otherwise of no effect. Should
such approvals or alternate actions regarding the easements not be provided and
approved by the City, the Applicant may be required to amend or revise the proposed
site configuration as may be necessary.
43. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Qs and that the omission or unacceptability may require that the Applicant
amend or revise the site plan as may be.
44. All private streets and common areas will be permitted as shown on the conceptual
exhibit subject to these Conditions of Approval and the Applicant providing adequate
provisions, as approved by the City Engineer and City Attorney, for the continued and
perpetual maintenance of these streets, common areas, and on-site post construction
Best Management Practices (BMPs) to the satisfaction of the City Engineer and City
Attorney.
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PLANNING COMMISSION RESOLUTION NO. 2826
45. The Applicant shall pay all, appropriate signalization fee prior to the issuance of the first
building permit for the development in accordance with the City's Resolution No. 79-17
and 79-55.
46. Prior to the grading permit issuance, the Applicant shall pay all, appropriate drainage
fees in accordance with PDMC Section 26.49 and Palm Desert Ordinance No. 653.
47. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
48. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
49. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the
approved Conceptual Grading Plan, the California Building Code, the City's Municipal
Code Title 27 Grading, and all other relevant laws, rules, and regulations governing
grading in the city of Palm Desert.
50. The grading plan shall provide for acceptance and proper disposal of all off-site
drainage flowing onto or through the site. Should the quantities exceed the street
capacity, the Applicant shall provide adequate drainage facilities and/or appropriate
easements as approved by the City Engineer.
51. The grading plan shall provide for the protection of downstream properties from
damages caused by alteration of the drainage patterns, i.e., concentration or diversion
of flow.
52. Pad elevations, as shown on the conceptual exhibit, are subject to review and
modification in accordance with Chapter 27 of the PDMC.
53. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood
hazard/hydrology and hydraulics report for approval of the City Engineer.
54. Prior to approval of the grading plans, 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.
55. The Applicant shall submit a final Hydrology and Hydraulics Report for the entire site.
The report shall be in compliance with all relevant laws, rules, and regulations
governing the City of Palm Desert.
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PLANNING COMMISSION RESOLUTION NO. 2826
56. All drainage and storm drain improvements shall be designed in accordance with the
City's Municipal Code Title 24, Riverside County Flood Control and Water Conservation
District's standards for the Drainage Element of the Palm Desert General Plan, and all
other relevant laws, rules, and regulations governing grading in the city of Palm Desert.
57. Prior to issuance of a grading permit, the Applicant shall submit a PM10 application for
review and approval. The Applicant shall comply with all provisions of the City's
Municipal Code Section 24.12 regarding Fugitive Dust Control.
58. Prior to issuance of a grading permit, the Applicant shall submit a Storm Water
Pollution Prevention Plan (SWPPP) for review and approval of the Land Development
department.
59. Where grading involves import or export, the Applicant shall obtain permits, from the
Public Works Department, including import/export quantities and hauling route.
60. It shall be the sole responsibility of the Applicant to obtain any and all proposed or
required easements and/or permissions necessary to perform the grading shown on
the tentative grading plan exhibit. Proof shall be provided to the Land Development
Division prior to the issuance of a grading permit.
61. Prior to a grading permit and if grading is required off-site, the Applicant shall obtain
written permission from the property owner(s) to grade as necessary and provide a
copy to the Engineering Department.
62. Prior to the issuance of a grading permit, the Applicant shall submit a signed and
notarized WQMP Operations and Maintenance Agreement to the City. The agreement
shall provide for the maintenance and operation of open space areas, common spaces
such as parking lots and recreational facilities, trash disposal for common areas, and
water quality BMP facilities, by either the property owner's association or the owners of
each individual lot or unit as tenants in common.
63. Prior to the issuance of a grading permit and in compliance with the City of Palm Desert
Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post
financial security guarantee for all grading work related to this project.
64. Prior to the issuance of a grading permit, the Applicant shall submit for review and
approval of the City Engineer a final Geotechnical Report that includes project-specific
recommendations.
65. Upon completion of grading, the project Geotechnical Engineer shall certify to the
completion of rough grading in conformance with the approved grading plans and the
recommendations of the geotechnical report approved for this project. A licensed land
surveyor shall certify to the completion of grading in conformance with the lines and
grades shown on the approved grading plans.
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PLANNING COMMISSION RESOLUTION NO. 2826
66. It is assumed that the grading and the provisions for water quality management shown
on the conceptual grading exhibit can comply with all requirements for a Final Water
Quality Management Plan (F-WQMP) without substantial change from that shown. Prior
to approval of the grading plan, Landowner shall prepare, or cause to be prepared, a
Final WQMP in conformance with the requirements of the Riverside County Flood
Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed
area for approval of the City Engineer.
67. The Applicant shall submit a final Water Quality Management Plan. The report shall be
in compliance with all relevant laws, rules, and regulations governing the City of Palm
Desert.
68. All post-construction BMPs shall be designed based on the City of Palm Desert's
maximum infiltration criteria of one inch/hour unless otherwise approved by the City
Engineer.
69. Prior to the issuance of a grading permit, the Applicant shall submit plans for review
and approval of the City Engineer for all public improvements, including but not limited
to street and roadway improvements and landscape and irrigation improvements.
70. Prior to the issuance of an encroachment permit for public improvements and/or map
recordation, whichever comes first, the Applicant shall enter into an agreement and
post financial security guarantee for the construction of all off-site/public improvements
in accordance with Chapter 27.24 of the PDMC. The form and amount of the financial
security shall be reviewed and approved by the City Engineer. The Applicant shall
guarantee all improvements for a period of one year from the date of final acceptance,
and the improvement guarantee shall be backed by a bond or cash deposit in the
amount of ten percent of the surety posted for the improvements.
71. Prior to the grading permit issuance, the Applicant shall submit grading and
improvement plans for all private (on-site), improvements for review and approval of the
City Engineer. Signing and striping shall be part of the plans and shall include stop
signs and stop bars for vehicles exiting the development via the approved driveways.
72. Prior to the building final inspection, the Applicant is responsible for the completion of
construction of all grading and improvements for which plans are required and shall
comply with all requirements within public and private road rights-of-way.
73. Modifications, if any, to approved plans shall be submitted to the City for review as
delta revisions and will require approval of the City Engineer.
74. Prior to the grading permit issuance, the Applicant shall submit improvement plans for
Frank Sinatra Drive. The Applicant is responsible for the construction and installation of
improvements for Frank Sinatra Drive per the following:
A. Prior to the issuance of a building Certificate of Occupancy for the first building of
the development, the Applicant shall construct parkway improvements along site
16
PLANNING COMMISSION RESOLUTION NO. 2826
frontage from Portola Avenue to the site boundary to the west, including
meandering sidewalk, and landscape and irrigation improvements, as approved
by the City Engineer.
B. The Applicant shall provide one (1) driveway that shall be limited to right-out
movements only. The location and design shall be per the approved conceptual
exhibits and the Palm Desert Standard Drawings and Specifications.
C. The Applicant shall construct ADA compliant depressed curbs and access ramps
at site access driveways that are in compliance with the City of Palm Desert
design standards and in accordance with the latest version of the Public Rights-
of-Way Accessibility Guidelines (PROWAG). Existing sidewalks and curb ramps
along the project frontage shall be inspected for ADA compliance. Applicant will
be required to update, upgrade, and restore any damaged sidewalk panels as
approved by the City Engineer.
D. Sight distance at the Project driveway shall be verified using American
Association of Highway and Transportation Officials (AASHTO) guidelines.
E. The Applicant shall provide a Class 2 bicycle lane along the project frontage. The
design shall follow Coachella Valley AG Active Transportation Planning (CVAG
ATP) Design Guidelines Section 5.3.
F. The Applicant will be required to provide appropriate bicycle lane legends per
Palm Desert Standard Detail Drawing 205, 205D, and 205E.
G. The Applicant shall show, as reference only, all existing and proposed utility
connections. Utility plans shall be processed and approved by Coachella
Valley Water District (CVWD).
75. Prior to the grading permit issuance, the Applicant shall submit improvement plans for
Portola Avenue. The Applicant is responsible for the construction and installation of
improvements for Portola Avenue, including, but not limited to:
A. The Applicant shall construct parkway improvements along the site frontage from
the Frank Sinatra Drive intersection to the site boundary to the south. Including
landscape and irrigation improvements and a meandering sidewalk.
B. The Applicant shall provide two driveways; the northerly driveway shall be the
primary access point to the site and shall be restricted to right-in, right-out, and
left-in movements; the southerly driveway shall be restricted to right-out
movements only.
C. The Applicant shall construct ADA compliant depressed curbs and access ramps
at site access driveways that are in compliance with the City of Palm Desert
design standards and in accordance with the latest version of the PROWAG.
Existing sidewalks and curb ramps along the project frontage shall be inspected
for ADA compliance. Applicant will be required to update, upgrade, and restore
any damaged sidewalk panels as approved by the City Engineer.
D. Sight distance at project driveways shall be verified using AASHTO guidelines.
E. The Applicant shall provide a Class 2 bicycle lane along the project frontage.
Revisions to the existing Class 2 bicycle lane in order to accommodate the right
turn into the project main access will require review and approval of the City
Engineer. The design shall follow Coachella Valley Association of Governments
17
PLANNING COMMISSION RESOLUTION NO. 2826
Active Transportation Planning (CVAG ATP) Design Guidelines and be approved
by the City Engineer.
F. The Applicant will be required to provide a southbound right-turn lane for access
to the site at the main access point. Turn lane shall be designed according to
AASHTO Green Book and Caltrans Highway Design Manual.
G. The Applicant will be required to provide appropriate bicycle lane legends per
Palm Desert Standard Detail Drawing 205, 205D, and 205E.
H. The Applicant shall construct a median opening to accommodate a left-turn lane
movement from northbound Portola Avenue onto development at the northerly
Portola Avenue driveway with a minimum of 200 feet storage length. Design shall
consider existing left-turn lane movement from southbound Portola onto Retreat
Circle N. The design shall be reviewed and approved by the City Engineer.
I. The Applicant shall restripe the existing lane configuration to accommodate
dedicated a right-turn lane onto the development at the northerly Portola Avenue
driveway with a minimum of 200'-0" pocket length, or as approved by the City
Engineer. The design shall be per AASHTO Green Book and Caltrans Highway
Design Manual and be reviewed and approved by the City Engineer.
76. Prior to grading permit issuance, the Applicant shall provide a full-scale signing and
striping improvement plan for Portola Avenue as a separate set of plans from street
improvement plans for review and approval of the City Engineer. Signing and striping
plans shall show existing improvements and modifications including, but not limited to,
bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc.
77. Prior to grading permit issuance, the Applicant shall provide a full-scale signing and
striping improvement plan for Frank Sinatra Drive as a separate set of plans from street
improvement plans for review and approval of the City Engineer. Signing and striping
plans shall show existing improvements and modifications including, but not limited to,
bike lanes, median break(s), travel lanes, pavement markings, turning arrows, etc.
BUILDING AND SAFETY DIVISION:
78. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards.
C. California Plumbing Code and its appendices and standards.
D. California Mechanical Code and its appendices and standards.
E. California Electrical Code.
F. California Energy Code.
G. California Green Building Standards Code.
H. Title 24, California Code of Regulations.
I. California Fire Code and its appendices and standards.
79. This project will fall under the review and compliance of Chapters 11-A and Chapter 11-
B of the 2019 California Building Code.
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PLANNING COMMISSION RESOLUTION NO. 2826
80. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211
81. Plan approval must be obtained from the County of Riverside Department of
Environmental Health (Health Department) before constructing or altering structures or
equipment (such as fencing and decking). The Applicant shall coordinate directly with
the Health Department for the application, plans, and specifications.
82. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. Trash enclosures shall comply with the minimum requirements
established by Section 8.12 of the PDMC.
83. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
84. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage before the issuance of a building permit per California
Labor Code, Section 3700.
85. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section
15.28). Compliance with Ordinance 1351 regarding street address location, dimension,
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. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28
from the Building and Safety Division counter staff.
FIRE DEPARTMENT:
86. 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 4,000 GPM at 20 psi for a four-hour (4)
duration. Fire hydrant 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 2019 California Fire
Code (CFC) 507.5.1, 3312, Appendices B and C.
87. Fire Department Access: Prior to building permit issuance, a fire access site plan shall
be approved. The access roads shall be capable of sustaining 60,000 lbs. over two
axles and 75,000 lbs. over three axles in all weather conditions. Alternatives to asphalt
and concrete shall be certified by a professional engineer and approved by the Fire
19
PLANNING COMMISSION RESOLUTION NO. 2826
Code Official. Approved vehicle access, either permanent or temporary, shall be
provided during construction. CFC 503.1.1, 3310.1 and 503.2.1.
88. 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.
89. Phased Construction Access: If construction is phased, each phase shall provide
approved access for fire protection prior to any construction. Ref. CFC 503.1.
90. Construction Permits: Building construction plans shall be submitted to the Office of the
Fire Marshal for review and approval. Additional fire and life safety conditions may be
determined during this review.
91. Fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to
be concealed by means of a wall, soffit, column, or other building construction, it shall
be provided with 18-inch clearance to each side and to the front of the system riser.
Access shall be provided by means of a door with the minimum dimensions two (2) feet
six (6) inches in width by six (6) feet eight (8) inches in height from the exterior of the
building directly to the riser as approved by the fire code official Ref. RVC Fire IB 06-
07.
92. Fire Alarm and Detection System: A water flow monitoring system and/or the fire alarm
system may be required and will be determined at the time of the building plan review.
Ref. CFC 903.4, CFC 907.2 and NFPA 72.
93. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox
Box shall be installed in an accessible location approved by the Office of the Fire
Marshal. Gates installed across access walkways and maintained locked shall be
provided with approved Knox equipment. Electric gate operators shall be provided with
Knox key switches. Electric gate operators shall also be connected to a remote signal
receiver compatible for use with the preemption devices on the Riverside County fire
apparatus. The gate shall automatically open upon receiving a remote signal from the
fire apparatus and remain in the fully open position. Ref. CFC 506.1
94. Construction Permits: Prior to the building permit issuance, building construction plans
shall be submitted to the Office of the Fire Marshal for review and approval. Construction
plans for solar photovoltaic power systems and electrical energy storage systems
(ESS) shall be provided to the Office of the Fire Marshal for review and approval. (CFC
1206)
95. Fire Sprinkler System: All new commercial structures 3,000 square feet or larger shall be
protected with a fire sprinkler system. All new apartment buildings shall be protected with
fire sprinklers regardless of building size. Ref CFC 903.2.8 and CFC 903.2 as amended
by the City of Palm Desert.
20
PLANNING COMMISSION RESOLUTION NO. 2826
96. Fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to
be concealed by means of a wall, soffit, column, or other building construction, it shall be
provided with 18-inch clearance to each side and to the front of the system riser.
Access shall be provided by means of a door with the minimum dimensions of two (2)
feet, six (6) inches in width by six (6) feet, and eight (8) inches in height from the exterior
of the building directly to the riser as approved by the fire code official. (Ref. RVC Fire
1 B 06-07)
97. Fire Alarm and Detection System: A water flow monitoring system and/or the fire alarm
system may be required and determined at the time of the building plan review. (Ref.
CFC 903.4, CFC 907.2 and NFPA 72)
98. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box
shall be installed in an accessible location approved by the Office of the Fire Marshal.
Electric gate operators shall be provided with Knox key switches. Electric gate operators
shall also be connected to a remote signal receiver compatible for use with the
preemption devices on the Riverside County fire apparatus. The gate shall automatically
open upon receiving a remote signal from the fire apparatus and remain in the fully open
position for a minimum of 30 seconds. (Ref. CFC 506.1).
99. Addressing: Addressing: All residential dwellings and commercial buildings shall
display street numbers, building number/letter designators, and unit designators in a
prominent location on the street side of the premises and additional locations as
required. The premises shall have an illuminated diagrammatic representation of the
actual site layout, which shows the name of the complex, all streets, building
designators, unit numbers, and fire hydrant locations within the complex. These
directories shall be a minimum of 4' x 4' in dimension and located next to roadway
access. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard
#07-01
END OF CONDITIONS OF APPROVAL
21
Res No 2826 394 Units
Final Audit Report 2022-12-08
Created: 2022-12-08
By: Monica O'Reilly (moreilly@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAACmKMyzysWm_RSx53jgyPxPOfSXIjMG7n
"Res No 2826 394 Units" History
Document created by Monica O'Reilly (moreilly@cityofpalmdesert.org)
2022-12-08 - 8:34:32 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2022-12-08 - 8:35:13 PM GMT
Email viewed by nancyjdeluna@gmail.com
2022-12-08 - 8:35:14 PM GMT
'rQ Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2022-12-08 - 8:37:44 PM GMT
C-�o Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2022-12-08 - 8:37:46 PM GMT - Time Source: server
O Agreement completed.
2022-12-08 - 8:37:46 PM GMT
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