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HomeMy WebLinkAboutRes 2023-001RESOLUTION NO. 2023-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND CONFIRMING THE DECISION OF THE PLANNING COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVE A PRECISE PLAN (PP), CONDITIONAL USE PERMIT (CUP) FOR A 394- UNIT MULTIFAMILY DEVELOPMENT ON AN 18.31-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE (APNS 620400-030 AND 620400-031) CASE NOS. PP/CUP/EA 22-0006 WHEREAS, Hayes Dietrich, LLC ("Applicant"), submitted applications for a PP, CUP, and Environmental Assessment (PP/CUP/EA 22-0006) for the development of a 394-unit multi -family development consisting of 13 three-story apartment buildings, one (1) single -story clubhouse building, one (1) two-story fitness canter, two (2) swimming pools, outdoor recreation areas, landscaping, and associated parking areas on an 18.31- acre she, including related offsite improvements consisting of constructing of public sidewalks along street frontages, striping for bike lanes and tum pockets, constructing three (3) vehicle driveways and modifications to the raised center median on Po Iola Avenue ("Project"); and WHEREAS, an Initial Study (IS) was prepared for the Project pursuant to the requirements of CEQA and concluded that a Mitigated Negative Declaration (MIND) and Mitigation Monitoring and Reporting Program (MMRP) (attached hereto as Exhibit"A') be prepared and conduct proper notifications pursuant to CEQA guidelines, as the Project would have no potentially significant impacts on Me environment with mitigation measures incorporated; and WHEREAS, on December 6, 2022, the Palm Desert Planning Commission conducted a duly noticed public hearing and approved the Project adopting the MND and MMRP by Planning Commission Resolution No. 2826 subject to findings and conditions; and WHEREAS, Palm Desert Municipal Cade (PDMC) Section 25.60.080 establishes a 15-day appeal period for land use decisions and establishes that the City Council as the appeal authority for decisions by the Planning Commission; and WHEREAS, on December 21, 2022, within the 15 calendar days of the Planning Commission Decision, the City Clerk's Omce of the City of Palm Desert received an appeal application and fee from Don Mess ("AppellanP') appealing the Planning Commission's decision to adopt Planning Commission Resolution No. 2826, stating the Project violated CEQA and that substantial evidence supports the argument that the Project would have a significant impact on the environment and that an Environmental Impact Report (EIR) should have been prepared for the Project; and Resolution No. 2023-001 Page 2 WHEREAS, in the City of Palm Desert's role as the lead agency under CEDA under Section 21067 of the Public Resources Code, Section 15367 of the State CEDA Guidelines (Cal. Code Regs., tit. 14, § 15000 at seq.), and the City of Palm Desert's ("City's") Local CEDA Guidelines, the Planning Commission found that the MND and IS contained a complete and accurate reporting of the environmental impacts associated with the Project complying with the requirements of the "City of Palm Desert Procedure for Implementation of CEDA" Resolution No. 201941. In addition, the documents were completed in compliance with CEDA, the State CEDA Guidelines, and the City of Palm Desert local CEDA guidelines. The Planning Commission further found that all environmental impacts of the Project are either insignificant or can be mitigated to a less Man significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program (MMRP). Furthermore, the MND was not substantially revised after public notice of its availability, and recirculation was not required. (State CEQA Guidelines, § 15073.5.) 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 Planning Commission also concluded that the Project was consistent with the approved General Plan and Zoning. The General Plan Land Use Designation of the Project site is Town Center Neighborhood (TCN), and the Zoning Designation is Planned Residential 22- dwelling units per acre (PR-22), where multifamily apartments are permitted, subject to a PP and CUP. Therefore, there was 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 were examined and determined not to modify the conclusions of the MND; and WHEREAS, no additional substantial evidence was provided by the Appellant for consideration; and WHEREAS, pursuant to the requirements of Section 25.60.080 of the PDMC, the City Council public hearing was scheduled within 40 days of the receipt of the requested appeal; 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, multifamily residential is a use permitted in the PR-22 zoning district subject to the approval of a Conditional Use Permit (CUP; and WHEREAS, Me proposed Project is consistent with the development density and use characteristics considered by the General Plan EIR in the TCN land use designation; and Resolution No. 2023-001 Page 3 WHEREAS, Project is consistent with the objective development standards, as defined by Gov. Coda, § 65589.5, Subd. (h)(2)(B), which were in place at the time that Me 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 City Council of the City of Palm Desert, California, did on January 26, 2023, hold a duly noticed public hearing to consider the appeal and heard public testimony; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be team, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Appeal Determination. The City Council in its independent judgment denies Me appeal, thereby confirming Me decision by the Planning Commission approving Me Project, which decision it adopts hereby by reference; and SECTION 3. Findin is on Canditional Use Permit. Under PDMC Section 25.72.050(F), Me findings for Me Project are the following: 1. That Me proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which Me site is located. The pmjed 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 fora mixture of residential densities ranging from seven (T) to 22 dwelling units per acre and include mixed housing types and community facilities. The PR zone permits mufti -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 amenifles for talons residents of Me community. The project conforms to all Resolution No. 2023-001 Page 4 development standards of the PR zone and falls within the allowable density range of the subject zoning. 2. That the proposed location of Me 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 mukHamily housing development. The site has suitable access, grading, drainage, and zoning M allow the proposetl 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. Ground4isturbing activities are conditioned to prepare plans to control fugttive dust. The project includes a traffic study, and it is anticipated Me 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 ro ensure walkability throughout. All engineering documents, including I e preliminary grading plan and Water Quality Management Plan (WQMP), are under review to ensure the design of Me project incorporates the proper improvements, including adequately sized retention basins for onstte drainage. In addition, the overall building design ensures the protection of the public health, safety, and general welfare. 3. That Me proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The pmposed 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 teat. The three-story buildings vary in root heights between 33 feet and 37 feet with towerelements at 40 feet, which complies with the zoning standards. The modest does not include any variances or adjustments. 4. That the proposed conditional use complies with Me 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 she has been evaluated by Me General Plan. The Applicant has prepared the appropriate technical studies to assess that Me site is physically suitable M 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, Me City encourages development Resolution No. 2023-001 Page 5 that repairs connectivity, adds destinations, and encourages complete neighborhoods. The pmjest is designed with intemal 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 amenities, while being able to connect to public path ways, thereby creating a pedestrian and family - oriented atmosphere. In addition, Land Use Policy 3.3 (Vanety of types of neighborhoods) promotes a variety of neighborhoods within the City and ensures Mat neighborhood types are dispersed throughout the Co. The existing homes in the area are a forsale product, and the proposed project supports the expansion of housing by providing a for -rent development within the City. The project promotes multifamily residential Mat 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. Pro'ect Approval. The City Council approves the PP, CUP, EA 22- 0006;and SECTION 5. Apt. The City Council approves and adopts the Project, subject to the Conditions of Approval attached hereto as Exhibit 46". SECTION 6. Execution of Resolution. The Mayor signs this Resolution, and the City Clerk shall attest and candy to the passage and adoption thereof. ADOPTED ON January 26, 2023. K +lead KATHLEEN KELLV MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Resolution No. 2023-001 Page 6 I, Anthony J. Melia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-001 is a full, hue, and correct copy, and was duly adapted at a regular meeting of the City Council of the City of Palm Desert on January 26, 2023, by the following vote: AYES: HARNIK, NESTANDE, OUINTANILLA, TRUBEE, AND KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on Feb 1, 20D ANTHONYEJIA CICLERK CITY CLERKK Resolution No. 2023-001 Page T EXHIBIT'N REPORTING PRGGRAM (MMRP) Section Number Mitigaim Measures Responsible for MonNaring Timing Impact After Mitigation 4. Biological M04: Prior to coratmetion Developer Prpr to Lass Man Resources and issuance of any gracing grading significant permit, the City of Palm Desert Planning permits shall ensure compliance wiM Department Me CVMSHCP and its assolated Implementing Agreement and shall ensure Mat payment of Me CVMSHCP Local Development Mitigation Fee forihe proposed! Project is sentto the Coachella Valley Conservation Commission M04: The project proporxnt Developer Priortoany LessMan shall ensure Mat burrowing ground significant owl clearence survey is Planning disturbarag perforce! not more than 14 Department days prior to project site dsturbarce (clearing. Qualified BUNst gmbNng, grading, construction). If any owls are icentried, the most cunent protocol established! "a California Department of Fish and Wildlife (Bumnung O Mitigation) most be followed. It is also recommended that a survey take place 24 hours prior to ground disturbance as burrowing owls may colonize or recebnize the site within the time beMieen the original survey and project activides. Resolution No. 2023-001 Page 8 Seetion Number Mitigation Measures Rssponslblelor Monitoring Timing Implicit Attar Miggagon T. Geobgiral GE04: A qualified Developer Dumg tress than Resources peleoMobgisl shall be Planning grading and significant retain! and Present dung Depatttent other the first days of ground ground disturbing aca ies. Once the Qualified Belogist distending paleontologist has had a activities chance to assess tie sediments and paleontological potential of the Project area, helshe may make a recommendation to reduce be monitoring effort, as appropriate, or continue with full time monitoring. This decision shall be communicated along with the mtionalizabon to the City fa their records. Resolution No. 2023-001 Page 9 EXHIBIT "B' CONDITIONS OF APPROVAL CASE NOS. PPICUPIEA2241006 PLANNING DIVISION 1. The development of the properly 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, W elect whether or not to defend such sound. 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 Developers 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 thejudgment 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 orderto share and protectthe 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 ortler to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion W terminate its defense at any time. The City shall not settle any thircil litigation of Project Approvals without the Developers consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The developmerrt of the property described herein shall be subject to the reductions and limitations set forth herein, which are in addition W the approved tlevelopment standards listed In the PDMC, and state and fect ral studies now In forty, 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 became null, void, and of no effect whatsoever. Resolution No. 2023-001 Page 10 S. The PP approval is for a 394-unit apartment development, consisling of 13 three-story buildings, one (1) two-story fitness canter, one (1) single -story clubhouse, two (2) pool areas, private outdoor recreation areas, perimeter sidewalk and landscaping, and off -site improvements W the existing raised median on Portola Avenue, constructed in a single- phase. 6. The approved PP shell 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. ]. 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 PPICUP/FA22-0006 and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to mid 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 firm 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 ofthe City's Public Art fee. The fee will be applied prior to a building permit issuance and shall remain in the City's public an 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. Resolution No. 2023-001 Page 11 13. Access to fresh and service areas shall be placed so as notto 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-f rot - 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 has submitted to the Development Services Department and the CV WD 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 poor to submittal to CVWD. 16. Al Project irrigation systems shall function property, 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 abutling the Project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance. 17. Prior to the issuance of the Candidate 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 verdkcation 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 W 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 streetfacing building elevation or area that is clearly Resolution No. 2023-001 Page 12 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 backlm prevention valves shall be located out of view from any public steel or adequately screened using landscaping andlor masonry walls. 22. Exterior building elevations showing building wall materials, roof types, exlenor colors, and appropriate vertical dimensions shall be included in the development construction drawings. 23. All roof access ladders shall be located on Me 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 stale 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 Me 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 Me 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. Resolution No. 2023-001 Page 13 30. The Applicant shall constrict 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 Poll 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 comer monument at the southwest career of the intersection of Frank Sinatra Drive and Perri 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 planless, some wall monumentation, and Palm tree cluster consisting of now less than a combination of ten (10) phoenix dactylifera and Washingtonia FilJera 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 signal 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 palling 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 bameque 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 rightof-way. 37. The secondary noMem and southern access points shall be limited to egress only and provide gates that do not obstruct the public right-of-way. 38. Prior to perk 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. Resolution No. 2023-001 Page 14 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. 41. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading, prepared by MSA Consulting, Inc. and dated October 3, 20U; 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, lt 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 he 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 constrochon Best Management Practices (BMPs) to the satisfaction of the City Engineer and City Attorney. 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 19-55. Resolution No. 2023-001 Page 15 46. Prior to the grading permit issuance, the Applicant shall pay all, appropriate drainage fees in accordance with POMC Section 26.49 and Palm Desert Ordinance No. 653. 47. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stonnwater 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 W 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 Cl" 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 opacity, 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 fine 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 hazardRiydrology and hydraulics report for approval of the City Engineer. M. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence Mat a Notice of Intent (NO1) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of fine NO1 small by fine State Water Resources Control Boats or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. M. 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. N. All drainage and storm drain Improvements shall ba designed in accordance with the City's Municipal Code Title 24, Riverside County Flood! Control antl 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. Resolution No. 2023-001 Page 16 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 Cade Section 24.12 reganding 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 imporVexport quanfifies and hauling more. 60. It shell be the sole responsibility of the Applicant to obtain any and all proposed or required easements andlor 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 owners) 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 WOMP Operations and Maintenance Agreement to the City. The agreement shall provide for the maintenance and operation of open space areas, common spaces such as paging lots and recreational facilities, trash disposal for common areas, and water quality SNIP 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 Geotechnlcal Engineer shall call to the completion of rough grading in conformance with the approved grading plans and the recommendations of the geotech rical report approved far 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. 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 co mformancewkh the requirements of the Riverside County Flood Control Resolution No. 2023-001 Page iT and Water Conservation District (RCFCBWCD) Whitewater River Watershed area for approval of the City Engineer. 67. The Applicant shall submit a final Water Quality Management Plan. The report shell be in compliance with all relevant laws, rules, and regulations goveming the City of Palm Desert. 68. All posloonstruction BMPs shall be designed based on the City of Palm Desed's maximum infiltration criteria of one inclabour 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 iff gation 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 acceptance with Chapter 27.24 of the PDMC. The farm 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 fine data 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-sde), 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 mad rights -of -way. 73. Modifications, if any, to approved plans shell 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 W the issuance of a building Certificate of Occupancy for the first building of Me development, the Applicant shall construct parkway improvements along site frontage from Portela Avenue to the site boundary to the west, including meandering sidewalk, and landscape and indication improvements, as approved by Me City Engineer. Resolution No. 2023-001 Page 18 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). Fisting 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 bicyce 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 (CMD). 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 Panels 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 accodance 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 approvetl 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 Active Transportation Planning (CVAG ATP) Design Guidelines and be approved by the City Engineer. Resolution No. 2023-001 Page 19 F. The Applicant will be required to provide a southbound right -turn lane for access to the site at the main access point. Tom lane shall be designed according to AASHTO Green Book and Caltrans Highway Design Manual. G. The Applicantwill be requiredto provideappropriate bicyclelene 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 Porlola Avenue onto development at the contrary Portola Avenue driveway with a minimum of 200 feet storage length. Design shall consider existing left -turn lane movement from southbound Panels 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 contrary Portola Avenue driveway with a minimum of 200W 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. ]B. Prior to grading permit issuance, the Applicant shall provide a full -sole signing and adding improvement plan for Particle 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. ]].Poor 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 breads), travel lanes, pavement markings, turning arrows, etc. 78. This project shall comply with the latest adopted edition of the following codes: A. California Building Cade 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 Regulators. 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. 80. The Applicant shall coordinate directly with: Resolution No. 2023-001 Page 20 Riverside County Fire Marshal's Office CAL FIRE/Riverside County Fire Department Main: (760) 863-8886 T7933 Las Momtefias 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 encdceures are required to be accessible. Provide an accessible path of travel to the traeh enclosure. Trash enGosures 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 pens t 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 goods, 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 permils, 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 reads shall be capable of sustaining 60,000Its. overtwo axles and 75,000 lbs. over three axles in all weather conditions. Alternatives to asphalt and concrete shall be canted by a professional engineer and approved by the Fire Coda Official. Approved vehicle access, either permanent or temporary, shall be provided during construction. CFC 503.1.1, 3310.1 and 503.2.1. Resolution No. 2023-001 Page 21 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 503.4A. 89. Phased Construction Access: If construction is phased, each phase shall provide approved access forfire protection prior to any construction. Ref. CFC 503.1. 90. Construction Pennks: Building construction plans shall be submitted to the Office of the Fire Marshal for review and approval. Additional fire and life safety conditions may ba determinetl during this review. 91. Fire sprinkler system risers shall not the obstructed in any manner. H a system near 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 Wilding directly to the near as approved by the fire code official Ref. RVC Fire IB 0647. 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 provitletl 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 Polly 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. W. 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) Resolution No. 2023-001 Page 22 inches in width by six (6) feet, antl eight (8) inches in height from the exterior of the building directly to the near as approved by the fire mtle official. (Ref. RVC Fire IB O6-07) 97. Fire Alarm and Detection System: A water flow monitoring system end/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 Once 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 shell 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 508.1). 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 intents, 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 CIfloa of Me Fire Marshal Standard #07-01 14 d I d•] 3d01 d III 111•13 FY•] i19 9 r b1V9 e ►Ziy�c�il�S ��1�1 �3►MIN Final Audit Report 20234241 ax Mann Onea.mnrwMmymPame...nurgl smug. Ma^a6 •ran&wul lo: cWCNeGJdMgkc dD5uWRWcVMQiG0m0glRgLmox "Res 2023-001 PP CUP EA 22-0006" History n Document created by Niamb M.OMga (nortega@dtyofpal"Mesert.org) Document emalkJ to NMly@palmtlessal for signaure =342.01.I Vs3 AM GM! Email vievveci by kkelly®palmUeseM1gov 2123L2 01-1 V 35 AM GM!-IP addme'. 52.2070.10 o Signer kkelly@palmde .gov entered name at signing as KeNleen Kelly M30201-3,020 PM GM!-IP addma'. 6749W 24 IMeument e-signetl by KaNlexm Kelly (kkelly@palmd~.gov) slgutuncum'. 202A0201. 3'e0s2 PM Gott -nth, So,�'.a ,IP dean,. 67498124 Document emalled to Armory Melia (ameba@cgyofpalmcsemt org) ter signature 2023-0201. Jb 33 PM GM! -J Email vieweE by Anthony Media (emelis@cityoipslmEeseM1org) =30201-1025 PM GW IP addms'. 52.20670,14 Document e-signed by Anfny Melia (wMjia@cimm%mImdMxyt org) Gl",m Gam'. 20210201-42900 PM GMt-Tma 6aurr,a , I Pannrnc 64.60.50E O Agreement cumpleted. MM2.O1 - a:HmO PM GMr Q Adobe Acrobat Sign