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HomeMy WebLinkAboutRes No 2862PLANNING COMMISSION RESOLUTION NO. 2862 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PRECISE PLAN TO CONSTRUCT A 384 UNIT MULTIFAMILY RESIDENTIAL DEVELOPMENT AT THE SOUTHWEST CORNER OF GATEWAY DRIVE AND DICK KELLY DRIVE (ASSESSOR’S PARCEL NUMBER 694-130-016 AND 694-130-021) CASE NOS. EA23-0005/PP23-0005 WHEREAS, Highpointe Palm Desert (“Applicant”) submitted applications for an Environmental Assessment (EA) and Precise Plan (PP) for a 384-unit multifamily residential development at the Southwest corner of Gateway Drive and Dick Kelly Drive, within the MCP Specific Plan (Assessor Parcel Number 694-130-016 and 694-130-021); and WHEREAS, the Project site has a land use designation of Town Center Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, a zoning designation of Planned Residential, 22 units per acre (PR-22), and is within the MCP Specific Plan; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Applicant submitted a complete SB 330 Preliminary Application in December 2022 for this project and, pursuant to Government Code Section 65589.5, is subject only to the ordinances, policies, and standards adopted and in effect as of December 2022; and WHEREAS, the City Council of the City of Palm Desert did on the 12th of March, 2020, adopt City Council Resolution 2020-17 which approved a Specific Plan (MCP Specific Plan) and Tentative Parcel Map 37234 to subdivide 32+ acres into four (4) Planning areas bounded by East of Monterey Avenue, South of Dick Kelly Drive, North of “A” Street, and West of Gateway Drive and adopted a Mitigated Negative Declaration of Environmental Impact in accordance with CEQA; and WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert, California, did on the 10th day of October 2023, approve a design review for the Project; 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, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment and that the Project is consistent with the previously adopted Mitigated Negative Declaration adopted by City Council via Resolution 2020-17; therefore, no further environmental review is necessary; and DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Precise Plan. In recommending approval of this Project, the Planning Commission, and under Palm Desert Municipal Code (PDMC) Section 25.72.030(E), the following findings are required before granting a PP: 1. The approval of this precise plan, consideration is given and restrictions are imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by Chapter 25.72.030. The project, as conditioned, meets all of the requirements of the underlying zone and provides this project the same allowances that its surrounding properties would be governed by. 2. The proposed precise plan is not found to substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety, or general welfare, as conditioned. SECTION 3. CEQA Determination. The Planning Commission finds the Project is consistent with a previously adopted Mitigated Negative Declaration, adopted for the MCP Specific Plan via CC Resolution 2020-17; therefore, no further environmental review is necessary and a Notice of Exemption can be adopted as part of this project. SECTION 4. Project Recommendations. The Planning Commission hereby approves PP23-0005, subject to the findings and Conditions of Approval attached herein as Exhibit A. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 3 SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. SECTION 7. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. ADOPTED ON March 19, 2024. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2862 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 March 19, 2024, by the following vote: AYES: DELUNA, GREENWOOD, GREGORY, HOLT, PRADETTO 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 March _29_, 2024. RICHARD D. CANNONE, AICP SECRETARY DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 4 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. PP/EA23-0005 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 the 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 Applicant shall adhere to all conditions of approval listed in City Council Resolution 2020-17, approved for the MCP Specific Plan. 4. The Applicant shall adhere to all of the mitigation measures identified in the Mitigated Negative Declaration adopted for the MCP Specific Plan via City Council Resolution 2020-17. 5. Tract Map 37234 shall be recorded prior to any construction permits for this Precise Plan being approved or issued. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 5 6. The Applicant had a complete SB 330 Preliminary Application on December 2022. This Project shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was complete (December 2022), consistent with California Government Code Section 65589.5. 7. 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. 8. 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. 9. The Applicant shall adhere to the condition of approval provided by the City of Palm Desert’s Architectural Review Commission on October 10, 2023: Wherever adjacent parapet heights differ at twelve (12) inches or less, the higher parapet shall be returned at least six (6) feet back from the lower adjacent parapet. Wherever adjacent parapet heights differ at over 12 inches, the higher parapet shall be returned at least 10 feet back from the lower adjacent parapet. This condition is not required for areas where this would interfere with solar zones. 10. 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. 11. 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. 12. Prior to the issuance of a building permit for the 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) City of Palm Desert Public Works Department Riverside County Fire Department City of Palm Desert Land Development Division City of Palm Desert Planning Division City of Palm Desert 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. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 6 13. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the PDMC. 14. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. 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 the 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. 15. 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. 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 landscape architect shall submit written certification to the Public Works Department or Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. 18. All exterior ground-mounted 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. 19. 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 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. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 7 20. 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 permanent screening devices. 21. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings. 22. All roof access ladders shall be located on the inside of the building and shall be fully screened by rooftop parapets. 23. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 24. 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. 25. Exterior signage shall comply with Chapter 25.56 of the PDMC. LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT: General 26. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading Plan, prepared by Vision Engineering and dated December 14, 2023. 27. The project shall comply with all applicable City ordinances and resolutions including the City’s Municipal Code and the MCP Specific Plan. 28. It is understood that the conceptual exhibits correctly show 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. 29. 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 during technical plan review. 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. 30. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on-site public or private improvements shall be submitted DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 8 for review and approved by the City Engineer. 31. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 32. Prior to any work within the public right-of-way, the Applicant shall obtain an encroachment permit from the City’s Public Works Department. Prior to Grading Permit Issuance 33. Prior to grading permit issuance grading plans with WQMP & PM10 plans shall be submitted for review and approved by the City Engineer per the current submittal requirements. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 34. Project entrances along Gateway Drive and A Street shall provide the following: A. A vehicle stacking lane with a minimum length of 60-ft from entry street’s curb face to provide for queuing in front of a keypad or entry devise B. A second entry lane for residents, separate from guests, if gate is not restricted. C. An adequate turnaround area for vehicles in front of the gate if access is denied or not allowed. Design must be approved by the City Engineer. D. A separate pedestrian entry E. Adequate signage that clearly designates any restricted access for all gates and entrances to the satisfaction of the City Engineer. 35. Driveways shall conform to current city standard for commercial driveway approaches. Driveways shall be full access. 36. The developer shall submit recorded slope easements from adjacent property owners in all areas where grading resulting in slopes is proposed to take place outside of the project boundaries. For all other temporary offsite grading, written permission from adjacent property owners shall be submitted. 37. Applicant shall provide temporary and permanent erosion control measures for any grading that creates cut or fill slopes adjacent to the street as approved by the City Engineer. 38. The Applicant shall submit a parcel map waiver (PMW) for the lot line adjustment in accordance with the City’s Municipal Code and Subdivision Map Act. 39. The grading plan and hydrology report shall provide for acceptance and proper conveyance of all off-site or on-site drainage flowing onto or through the site. 40. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the PDMC. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 9 41. 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. The Waste Discharger’s Identification number (WDID#) shall be noted on the grading plans. 42. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 43. Prior to issuance of grading permit, the Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) in conformance with the State’s current Construction Activities Storm Water General Permit. 44. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/export quantities, appropriate permits and relevant hauling route(s). 45. A final geotechnical report shall be submitted for review and approval and the Geotechnical Engineer shall approve the grading plans are in conformance to their recommendations and conclusions. 46. 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 the Applicant shall submit 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. 47. Prior to issuance of grading permit and in compliance with the City of PDMC Chapter 27.24, the Applicant shall enter into an agreement and post financial security to guarantee the completion of grading operations and implementation and maintenance of erosion control measures. 48. Improvement plans for all offsite and onsite improvements shall be submitted for review per the current submittal requirements. 49. The developer shall monitor, supervise and control all construction related activities, so as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following: A. Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day. B. Observance of working hours as stipulated on permits issued by the Land Development Division. C. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 10 D. All dust control measures per PM10 and South Coast Air Quality Management District (SCAQMD) requirements during the grading operations. Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor(s) to remedy as noted in Section 24.12.070 of the Municipal Code. In addition, the City Engineer may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined that all operations and activities are in conformance with these conditions. 50. Prior to approval of the rough grading plan, the Applicant shall provide water and sewer plans reviewed by Coachella Valley Water District (CVWD) to the City. Prior to Building Permit Issuance 51. The Applicant shall pay all, appropriate signalization and impact fees prior to the issuance of the building permit for the development in accordance with the City’s Resolution No. 79-17 and 79-55. 52. Prior to building permit, the Applicant shall submit the PMW Certificate of Compliance and Perfecting Deeds recorded by Riverside County Recorder’s Office. 53. The project’s Geotechnical Engineer shall certify the completion of grading in conformance with the approved grading plans and the recommendations of the approved geotechnical report. 54. Prior to improvement plan approval, the Developer shall guarantee the construction of the following improvements by entering into a public improvement agreement and posting security. The improvements shall be completed to the satisfaction of the City Engineer prior to occupancy of the first building. A. Dick Kelly Drive shall be constructed as a Secondary Street in conformance with the MCP Specific Plan. Improvements may include but not limited to, pavement, base, curb and/or gutter repair, sidewalk repairs, curb ramps, signing, striping, landscaping and irrigation. Existing curb ramp on the southwest corner of Dick Kelly Drive and Gateway Drive shall be in conformance with current ADA regulations. B. Gateway Drive shall be constructed as a Secondary Street in conformance with the MCP Specific Plan. Improvements may include but not limited to, pavement, base, curb and/or gutter repair, sidewalk repairs, driveway approach, pedestrian ramps, curb ramps, signing, striping, landscaping and irrigation. Existing curb ramp on the northwest corner of Gateway Drive and A Street shall be in conformance with current ADA regulations. C. A Street shall be constructed as a Collector Street in conformance with the MCP Specific Plan. Improvements may include but not limited to, pavement, base, curb and/or gutter repair, sidewalk repairs, driveway approach, pedestrian ramps, curb ramps, signing, striping, landscaping and irrigation. DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771 PLANNING COMMISSION RESOLUTION NO. 2862 11 Prior to Occupancy 55. All pad elevations shall be per approved grading plans and be certified by a licensed Land Surveyor prior to the issuance of first certificate of occupancy. 56. The Applicant shall obtain acceptance of applicable improvements by CVWD. Written proof shall be provided to the Land Development Division. 57. Prior to occupancy, the Developer shall complete all public improvements in conformance with the current City standards, including but not limited to the following: A. Street improvements including, but not limited to, pavement, base, curb and/or gutter repair, sidewalk repairs, driveway approaches, pedestrian ramps, curb ramps, signing, striping, landscaping and irrigation. B. Sewer and water systems C. Undergrounding of all proposed utilities D. Storm drain facilities such as storm drain laterals and catch basins as applicable. 58. As-built plans of all facilities that were permitted and constructed shall be submitted for review and approval. RIVERSIDE COUNTY FIRE DEPARTMENT 59. Fire lane surface alternatives to hard surface will not be approved by the Office of the Fire Marshal 60. The fire access walkways or hose pull routes shown for buildings 1, 12, 13, and 15 will need to consist of an approved access stairway due to the slope of terrain along the route. Fire access walkways or hose pull routes shall not be obstructed by landscaping that may prevent easy access. END OF CONDITIONS OF APPROVAL DocuSign Envelope ID: 17F888F9-DA35-4884-824D-525CA294A771