HomeMy WebLinkAboutRes No 2868PLANNING COMMISSION RESOLUTION NO. 2868
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL
USE PERMIT TO DEVELOP A 40-UNIT MULTIFAMILY APARTMENT
DEVELOPMENT ON A SITE LOCATED AT ASSESSOR’S PARCEL NUMBER
622-370-014, AND FINDING THAT THE PROJECT IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CASE NO. PP24-0001 / CUP24-0003
WHEREAS, Chelsea Investment (“Applicant”), submitted applications for a Precise
Plan (“PP”) and Conditional Use Permit (“CUP”) to develop a two-story multi-family residential
apartment building containing up to 40 dwelling units, and site improvements including, but
not limited to, outdoor recreation areas, landscaping, off-street parking, and other related off-
site improvements (“Project Site”) on a vacant 1.84-acre site located at APN 622-370-014
(“Project Site”); and
WHEREAS, the Project site has a General Plan Land Use Designation of Public
Facility/Institutional District per the City of Palm Desert 2040 General Plan adopted by the
Palm Desert City Council on November 10, 2016; and
WHEREAS, the Project site has a zoning designation of Public/Institutional (“P”) and
is within the Housing Overlay District (”HOD”); and
WHEREAS, the proposed project conforms to the applicable development standards
including maximum building heights codified in the City’s Zoning Ordinance for the
Public/Institutional zoning district; and
WHEREAS, on September 29, 2022, the Palm Desert City Council adopted the 2021-
2029 Housing Element for the 6th Cycle (“6th Cycle Housing Element”) of the Regional
Housing Needs Allocation (“RHNA”); and
WHEREAS, said 6th Cycle Housing Element has been certified by the California
Department of Housing and Community Development (“HCD”) identifies the Project site as
site “KK” in the vacant site inventory and allocates the site to provide 36 units of affordable
housing; and
WHEREAS, the Applicant proposes to provide 39 units within the Project at affordable
levels for income-qualified households, with one (1) non-income restricted unit for an on-site
manager and will enter into a Housing Agreement with the Palm Desert Housing Authority;
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
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PLANNING COMMISSION RESOLUTION NO. 2868
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WHEREAS, the Project has complied with the requirements of the "City of Palm Desert
Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of
Development Services finds that the Project will not have a foreseeable significant impact on
the environment and that the Project can be found exempt from further environmental review
per Article 19, Section 15332 In-fill Development Projects (Class 32); and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on April 23rd, 2024, approve a design review for the Project; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
May 21st, 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. As required by Palm Desert Municipal Code
“PDMC” Section 25.72.030 (E), the Planning Commission makes the following findings to
approve the PP:
1.Consideration is given and restrictions are imposed to the extent necessary, given 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 the
requirements of the underlying zoning and overlay designation and provides this
project the with 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 nor would the plan 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.
3.The Architectural Review Commission approved a design review on April 23, 2024.
SECTION 3. Findings on Conditional Use Permit. As required by PDMC Section
25.72.050(F), the Planning Commission makes the following findings to approve the CUP:
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PLANNING COMMISSION RESOLUTION NO. 2868
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1. 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 proposed location of the conditional use is in accord with the objectives of the
Palm Desert Zoning Ordinance and the purpose of the Public/Institutional Zoning
District (P) and the Housing Overlay District (HOD). The purpose of the Public
Institutions (P) zoning district is to provide areas suitable for the development of
educational, religious, and non-profit facilities. The P zoning district permits
buildings up to two stories and allows residential uses supported by the
government. The site is owned by the Palm Desert Housing Authority and will be
sold to the applicant upon satisfaction of certain conditions. Additionally, the HOD
permits uses that area also allowed in the Planned Residential (PR) and Mixed
Residential (R-2) zoning districts which allow multi-family residential as a
conditionally permitted land use. The proposed multi-family residential use is
compatible with this intent with approval of a Conditional Use Permit
2. 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 location and conditions of the proposed multi-family residential poses no
detrimental effects to the public health, safety, or welfare, nor will it be materially
injurious to properties or improvements in the vicinity. The project will be designed
to meet access, utilities, setbacks, lot coverage, building height, land use, and
parking requirements. The proposed location and development of this project at
this site will be monitored and cared for by an on-site manager. The proposed
project is located on a vacant infill site surrounded by residential land uses on three
sides and an existing institutional facility to the north. Project traffic generation is
not anticipated to create hazards or congestion. The proposal is setback from
adjacent properties buffered by landscape space and consistent with applicable
development standards so that it will not unreasonably interfere with the use and
enjoyment of existing or proposed development in the area. As designed, and as
conditioned, the project will not be detrimental to the public health, safety, or
welfare.
3. The proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variances or adjustments.
The proposed development conforms with legally adopted development standards
for the Public/Facilities zoning district and the Housing Overlay District. The project
provides a total of 49 off-street parking spaces which is less than the City’s l
requirements for parking, however per State Density bonus law (Government Code
Section 65915 et. sec.) this parking ratio must be approved.
4. The proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan
According to the diagram shown in Figure 3.1 Land Use Designations of the City
of Palm Desert General Plan Land Use Element, the Project Site is designated
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PLANNING COMMISSION RESOLUTION NO. 2868
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Public Facility/Institutional Uses. This designation generally allows a range of
government facilities and supportive uses, which may include residential land
uses. The Project Site is also identified in the City’s General Plan Housing Element
adopted for the 6th Cycle of the Regional Housing Needs Assessment (RHNA)
and certified by the California Department of Housing and Community
Development (“HCD”) on vacant land inventory sites table (Table III-47) as site
“KK”. This site is identified to provide a potential of 36 affordable units and
supported Policy 1, Program 1.A of the City’s Housing Element. The Project Site
is located within the Public/Institutional (P) zoning district within the Housing
Overlay District (HOD). Development standards for the P zoning district are
codified under Palm Desert Municipal Code Chapter 25.22.030. Alternatively, the
project may utilize the standards of the Housing Overlay District, which allows the
development of uses permitted in the Planned Residential (PR) or Mixed
Residential (R-2) zoning district subject to “flexible” standards that ensure efficient
site planned and neighborhood compatibility. Multi-family apartments are allowed
in the PR and R-2 zone and therefore the use can operate on the subject site
without being Government-supported, -funded, and/or -operated only. The
proposed project will develop a 1.84-acre site into a forty (40) unit multifamily
residential building with 49-onsite parking spaces and open space and
landscaping. The unit will be two stories tall and total approximately 39,453 square
feet including an approximately 1,543-square-foot community lounge on the
ground floor. The units will be restricted to lower-income households for a 55-year
term pursuant to a housing agreement with the City of Palm Desert. The proposed
project is compatible with the development pattern within the surrounding area
which consists of transitions between commercial, single-family, and multi-family
uses. The proposed development is in keeping with the character of the
surrounding neighborhood and is not detrimental to the harmonious, orderly, and
attractive development contemplated by this title and the General Plan of the City.
The proposal is also consistent with the General Plan Housing Element which
identifies the site for development as affordable housing.
SECTION 4. CEQA. 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 finds that the Project is exempt from CEQA per Section 15332 of the
State CEQA guidelines based on the substantial evidence of the record as presented in the
Project staff report. Additionally, the Project is not subject to any of the exceptions for
categorical exemptions identified in CEQA Guidelines Section 15300.2:
a) This exception applies to Classes 3, 4, 5, 6, and 11. This exception does not apply to
a Class 32 exemption and therefore does not apply to the proposed project.
Furthermore, the Project Site is not located in a particularly sensitive environment and
is located in an urban infill location and is surrounded by existing urban uses.
b) There is no substantial evidence on the record that the project would create a
cumulative impact. There is no evidence of a potential significant cumulative impact
because successive projects of the same type in the same place have not been
approved and are not currently proposed. As a result, there is no evidence of
significant cumulative impacts from successive projects of the same type in the same
place, over time. Therefore, this exception does not apply to the project.
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PLANNING COMMISSION RESOLUTION NO. 2868
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c) No unusual circumstances exist for the proposed project, project site, or immediate
vicinity. The project is proposing to develop a two-story 40-unit apartment community.
The project is consistent with the General Plan land use designation and zoning
ordinance designation, and certified housing element. The Project is located in a
developed urban neighborhood and is directly surrounded by urban uses in all
directions, including existing multi-family housing. Therefore, no fair argument or
substantial evidence exists to suggest the project would create a significant impact,
nor can it be readily perceived that the project would create a significant impact.
Therefore, this exception does not apply to the proposed project.
d) The nearest designated scenic highway is Highway 74 located approximately two-
and-one-half (2.5) miles to the south of the Project Site. Due to the existing
topography and developed land use pattern, the Project Site is not visible from
Highway 74. The project would have no impact on an officially designated scenic
highway. Therefore, this exception does not apply to the project.
e) According to the Department of Toxic Substance Control’s database of hazardous
waste sites, EnviroStor, neither the Project Site nor any properties in the vicinity have
been identified as hazardous waste sites. Thus, the Project Site has not been
included on a list of hazardous materials sites compiled pursuant to Government
Code Section 65962.5. Therefore, this exception does not apply to the project.
f) The project site has not been identified as a historic resource by local or state
agencies, nor has the project site been determined to be eligible for listing in the
National Register of Historic Places or California Register of Historical Resources.
Therefore, the Project would not adversely affect historic resources on the Project
Site or in the vicinity.
SECTION 5. Project Approval. The Planning Commission hereby approves Case No.
PP24-0001, CUP24-0003 subject to the conditions of exhibit A of this resolution.
SECTION 6. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 7. 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.
ADOPTED ON May 21, 2024.
JOSEPH PRADETTO
CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2868
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ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2868 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
May 21, 2024, by the following vote:
AYES: GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DELUNA, GREENWOOD
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on May _29_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2868
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. PP24-0001 / CUP24-0003
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 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.
3.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.
4.This CUP shall lapse and become void 24 months following the effective date of
the use permit, unless prior to the expiration a building permit is issued and
construction is commenced and diligently pursued toward completion, or as
otherwise specified by Title 25 of the Palm Desert Municipal Code (PDMC). If the
CUP expires, the applicant must file a new application which shall be processed in
accordance with the requirements of Title 25 of the Palm Desert Municipal Code.
5.Prior to the expiration of the permit, the applicant may request a one (1) year time
extension by filing a written request with the Development Services Department
for consideration by the Planning Commission. Any request for an extension shall
be noticed and be considered at a public hearing held before the original approval
body.
6. The Applicant shall develop and operate the use in compliance with the approved
exhibits on file with the Department of Development Services, except as modified
by conditions herein. Any variation or modification from the approved exhibits,
and/or violations of these conditions of approval may be subject to enforcement
action.
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7. In the event there is a need for clarification of the Conditions of Approval, the
Director of Development Services may have the authority to clarify the intent of
these Conditions of Approval without going to a public hearing. Minor revisions or
modifications may be approved by the Director pursuant to the requirements of
PDMC Section 25.72.050(I).
8. 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.
9. The CUP approval may be suspended and/or revoked for cause in accordance
with Title 25 of the Palm Desert Municipal Code.
10. The applicant shall pay all applicable fees in effect at the time of building permit
issuance.
11. 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 to defend such action. The 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 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 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.
12. 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. 2868 and that the plans submitted are in compliance with the
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PLANNING COMMISSION RESOLUTION NO. 2868
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Conditions of Approval. No modifications shall be made to said plans without
written approval from the appropriate decision-making body.
13. The Applicant shall comply will all applicable local, state, and federal laws and
regulations.
14. The use and operation shall comply with Palm Desert Municipal Code (PDMC)
Chapter 9.24 for Noise Control Requirements.
15. 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.
16. 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.
17. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the
PDMC.
18. 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.
19. Access to trash enclosure 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 any waste
programs required by law.
20. Prior to the building permit issuance, the Applicant shall submit a landscape
construction application for approval by the Development Services Department and
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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.
21. 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.
22. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect
shall submit written certification to the Planning Division that the landscaping and
irrigation have been installed per the approved landscape plan.
23. All exterior and all appurtenances thereto shall be screened from public view by walls
or roof screens that are architecturally treated to be match the materials and scale of
the building. The final construction plans shall include appropriate drawings
demonstrating how such equipment is to be screened from view.
24. 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.
25. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of direct view from
any public street or adequately screened using landscaping and/or permanent
screening devices.
26. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
27. All roof access ladders shall be located on the inside of the building and shall be
screened by rooftop parapets.
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28. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by state and ADA requirements, all
markings shall be a minimum four-inch (4”) wide double (“hairpin” style) stripe
designed to provide 18 inches measured between the outside lines.
29. Prior to permit issuance, the Applicant shall submit plans for the final design of all
site walls subject to review and approval by the Palm Desert Development
Services Department.
30. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary exhibits. The pedestrian connections shall, at a minimum
comply with building requirements for width and access.
31. The Applicant shall provide payment for filing fees for the Notice of Exemption
within five (5) days of the Planning Commission approval of this project.
32. Prior to the issuance of a building permit, the Applicant shall enter into a Housing
Agreement (HA) with the City agreeing to make 39 of the units within the Project
affordable providing all units to extremely low, very low, and low-income
households. The one remaining unit shall not be subject to restriction and will be
used for an on-site manager unit. The HA will create such conditions, covenants,
restrictions, liens, and charges in favor of the City upon and subject to which the
Project shall be occupied, leased, and rented. The provisions of the HA shall run
with title to each and every portion of the Apartment Site and the Project and shall
inure to and pass with each and every portion thereof and shall apply to and bind
any successors-in-interest of Owner for a minimum period of 55 years from the
date on which the City issues the Certificate of Occupancy for the Project. The HA
shall be signed and completed by both the City and the Applicant prior to issuance
of a Building Permit.
33. Prior to the issuance of a grading permit, the Applicant shall submit a plan for the
design and operation of the automatic access gate proposed on the primary
vehicular access located at 73255 Country Club Drive (Assessor’s Parcel Number
622-370-013). The design must provide access to residents of the apartment
development, and provide sufficient vehicular turnaround area subject to review by
the City Engineer and approval by Director of Development Services. The
applicant shall provide proof of approval from the property owner(s) and Riverside
County Fire Marshal
34. The Applicant and/or any successor in interest shall comply with all applicable
local, state, and federal laws and regulations.
35. 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.
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36. All exterior signage shall comply with Chapter 25.56 of the PDMC.
37. Prior to any work within the public right-of-way, the Applicant shall obtain an
encroachment permit from the City’s Public Works Department.
38. All southern-facing windows, located on the second floor of the southernmost
elevation of the building shall be privacy windows. Said privacy windows shall be
designed to obscure views through the glass by window treatment including, but
not limited to frosted glass, patterned glass, or other acceptable method which
visually obstructs views through the glass. The use of external window treatments,
such as an applied film or self-adhesive material to alter light transmission through
the window should not be used. Final construction plans shall provide sufficient
information to demonstrate compliance with this condition of approval and shall be
subject to approval by the Development Services Department.
LAND DEVELOPMENT DIVISION
General
39. The following plans are hereby referenced: Site & Conceptual Grading Plan,
prepared by Egan Civil, Inc.; dated May 8, 2024.
40. 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.
41. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate flows. If final design requires that the Applicant amend or revise these
exhibits it must have approval by the City Engineer.
Prior to Permit Issuance
42. Prior to issuance of a grading permit for the development, the Applicant shall pay
all appropriate signalization fees in accordance with the City’s Resolution No. 79-
17 and 79-55.
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43. Prior to issuance of a grading permit, the Applicant shall pay all appropriate
drainage fees in accordance with the City’s Municipal Code Section 26.49 and
Palm Desert Ordinance No. 653.
44. Prior to issuance of a grading permit, the Applicant shall pay all appropriate park
fees in accordance with the City’s Municipal Code Section 26.48.060.
45. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
46. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
47. Prior to issuance of a grading permit for the site, the applicant shall provide an
executed access easement to the City.
48. Prior to issuance of 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, PDMC Title 27 Grading, and all other relevant laws, rules, and
regulations governing grading in the City of Palm Desert. Final plans shall show
and identify all proposed onsite improvements in accordance with the approved
preliminary site plan exhibit.
a. The grading plan shall provide for acceptance and proper discharge of all
off-site drainage flowing 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.
b. A cross lot drainage agreement or drainage easement may be necessary if
not currently in place. Final grading plans shall show record information on
plans.
49. Prior to or concurrent with the precise grading plans, the Applicant shall provide a
Pedestrian Accessibility Route Plan generally aligned with path shown in
referenced conceptual exhibit. The plan shall clearly label and indicate the path
location (running slope and cross slopes) for required accessible path of travel
from building entrance to public pedestrian infrastructure. Facilities shall be
designed in compliance with the accessibility standards in the California Building
Code (current) and Americans with Disability Act (ADA) regulations.
a. Construction of the path shown on referenced conceptual exhibit requires
approval of adjacent property owner for construction operations and access
easement/agreement; prior to grading permit issuance the applicant shall
secure the required consents and agreements. The ultimate alignment and
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width of the easement shall be reviewed and approved by the City.
Additionally, the path seems to be proposed within other existing
easements; applicant shall secure the appropriate authorizations prior to
permit issuance for the work.
b. All private improvements shall be kept within private property. Non-standard
encroachments into proposed public right-of-way will not be permitted,
unless clearly identified on these conditions of approval.
50. Prior to approval of the grading plan, the Applicant shall prepare a detailed final
hydrology and hydraulics report for approval of the City Engineer. The report shall
encompass the entire project area and comply with all relevant laws, rules, and
regulations governing the City of Palm Desert.
a. Site is required to handle the first flush for a 100-year, 24-hour event. Final
report shall show the site is designed to meet requirement.
b. Design shall incorporate emergency overflow outlet in the event the
drainage improvements exceed full capacity.
c. Applicant is required to verify existing infrastructure is sized to handle
additional flows coming from the proposed development.
d. The conceptual report shows intent to drain into existing inlet west of the
proposed driveway to later discharge into the City-owned storm drain along
the west side of the parcel. Applicant needs to verify maintenance
responsibility of the existing infrastructure, drainage into private inlet will
require coordination and written authorization for new discharge. Proof of
ownership and/or ownership consent will be required prior to approval of
final report.
51. Prior to approval of the grading plan, the Applicant shall prepare a final Water
Quality Management Plan (WQMP) for approval of the City Engineer.
a. Low Impact Development (“LID”) Best Management Practices (“BMPs”)
shall be designed in accordance with the Riverside County Whitewater
River Region Stormwater Quality Best Management Practice Design
Handbook for Low Impact Development, dated June 2014. Sizing of the
proposed underground chambers will be verified during final report review,
grading plans shall clearly identify emergency overflow outlet and runoff
mitigation for system failure.
b. All post-construction BMPs shall be designed based on the City of Palm
Desert’s maximum infiltration criteria of 1 inch/hour.
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c. Any onsite and offsite BMPs shall be designed and sized per the findings of
the Final Geotechnical Report and Final WQMP. Any changes to the
proposed BMP sizing, design, and type; and impacts to the referenced
exhibits, may require additional approvals.
d. 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 include provisions for the maintenance and operation
of all onsite water quality BMP facilities by the property owner.
52. All drainage and storm drain improvements shall be designed per PDMC 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.
53. 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 and their WDID number is depicted on the grading plan before approval.
54. 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.
55. Where grading involves import or export, the Applicant shall obtain relevant
permits, from the Public Works Department where the material is coming from or
going to, including import/export quantities and hauling route.
56. Prior to issuance of 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.
57. Prior to issuance of grading permit, the Applicant shall submit for review and
approval of the City Engineer a final Geotechnical Report that includes project-
specific recommendations.
58. Prior to grading permit, the Applicant shall identify and obtain approval for a
secondary access to the site. Secondary access shall be provided in a location
and form consistent with Fire Department requirements and approved by the City
Engineer. Acquiring the necessary permission(s), if any, from impacted private
ownership(s) will be the sole responsibility of the applicant and proof shall be
presented to the City prior to the release of permits as noted in the approval
documents for the project.
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59. Prior to the building certificate of occupancy, the Applicant shall field verify that all
BMPs are designed, constructed, and functional in accordance with the approved
WQMP. BMPs shall be inspected by City staff.
60. Upon completion of grading work, the Project’s Engineer of Record shall certify to
the completion of grading in substantial conformance with the approved grading
plans and the recommendations of the geotechnical report approved for this
Project.
61. Improvements shown on the conceptual exhibit are subject to these conditions of
approval and the Applicant providing adequate provisions for continued and
perpetual their maintenance by the owner. Improvements to be maintained must
include, but are not limited to, common areas, gates, parking and drive aisles
pavement and surfaces, onsite BMPs, and drainage infrastructure.
BUILDING AND SAFETY DIVISION
62. Prior to the building certificate of occupancy, the Applicant is responsible for the
completion of construction of all improvements for which plans are required.
63. 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.
64. The Applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211
65. 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.
66. All contractors and subcontractors shall have a current City of Palm Desert
Business License before permit issuance per PDMC, Title 5.
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67. 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.
68. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC
Section 15.28). Compliance with Ordinance 1351 regarding street address
location, dimension, a stroke of line, distance from the street, height from grade,
height from the street, etc., shall be shown on all architectural building elevations
in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds,
or other reasons that may render the building address unreadable shall be
addressed during the plan review process. The Applicant may request a copy of
Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division
counter staff.
RIVERSIDE COUNTY OFFICE OF THE FIRE MARSHAL
69. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction
of all buildings is required per CFC Appendix B. Prior to building permit issuance
for new construction, the applicant shall provide documentation to show there
exists a water system capable of delivering the required fire flow. Specific design
features may increase or decrease the required fire flow.
a. Will Serve Letters from the responsible water purveyor are required prior to
a map recordation.
70. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants
required, as well as the location and spacing of fire hydrants, shall comply with
CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400
feet from all portions of the exterior of the building along an approved route on a
fire apparatus access road, unless otherwise approved by the fire department. In
areas where new water mains are extended along streets and hydrants are not
needed for protection of structures, standard fire hydrants shall be provided at
spacing not to exceed 1,000 feet along streets for transportation hazards. Fire
hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall
be located within 20 to 100 feet of the fire department connection for buildings
protected with a fire sprinkler system. The size and number of outlets required for
the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). Reference CFC
as amended and NFPA 24.
71. Maintain Fire Department Access - Fire apparatus access roads shall be provided
to within 150 feet of all exterior portions of buildings, unless otherwise approved
by the Fire Department. Fire apparatus access roads shall have an unobstructed
width of not less than 24 feet. Dead-end fire apparatus access roads more than
150 feet shall be provided with an approved tum around. The minimum required
turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet
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inside radius. The construction of the fire apparatus access roads shall be all
weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the
grade of a fire apparatus access road shall not exceed 16 percent and the cross
slope shall not exceed 2.5 percent. The angles of approach and departure for fire
apparatus access roads shall be a maximum of 6 percent grade change for 25 feet
of approach/departure. Reference CFC as amended and Riverside County Fire
Department Standards.
a. Fire Lane marking: Identification and marking of fire lanes, including curb
details and signage, shall comply with all Riverside County Fire Department
Standards.
72. Fire Department Access Turn Around – On-parcel dead-end fire apparatus access
roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus
measuring a minimum of 38 feet outside radius and 14 feet inside radius. Parallel
parking around the perimeter of the bulb is acceptable provided the bulb outside
turning radius is increased by 8 feet. In-lieu of a bulb, a hammerhead type
turnaround is acceptable where the top of the “T” dimension is 120 feet with the
stem in the center. Additional turnaround designs may be acceptable as approved
by the Fire Department. Reference CFC as amended and Riverside County Fire
Department Policies and Standards.
73. Secondary Access – Unless otherwise approved by the Fire Department, dead end
fire apparatus access roads shall not exceed 1,320 feet. Secondary egress/access
fire apparatus access roads shall provide independent egress/access from/to the
area or as otherwise approved by the Fire Department. Secondary egress/access
fire apparatus access roads shall be as remote as possible from the primary fire
apparatus access road to reduce the possibility that both routes will be obstructed
by a single emergency. Additional fire apparatus access roads based on the
potential for impairment by vehicle congestion, condition of terrain, climatic
conditions, anticipated magnitude of a potential incident, or other factors that could
limit access may be required by the Fire Department. Reference CFC as amended
and Riverside County Fire Department Policies and Standards.
74. Fire Department Building Construction Plan Review - Submittal of construction
plans to the Fire Department will be required. Final fire and life safety conditions
will be addressed when the Fire Department reviews the plans. These conditions
will be based on California Fire Code, California Building Code (CBC), and related
codes/standards adopted at the time of construction plan submittal. Reference
CFC as amended.
75. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and
two-family dwellings per the California Residential Code (CRC). Plans must be
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submitted to the Office of the Fire Marshal for review and be approved prior to
installation. Reference CRC.
76. Fire Alarm and Detection System - A water flow monitoring system and/or fire
alarm system may be required as determined at time of building construction plan
review. Reference CFC as amended.
77. Fire and Life Safety Requirements - Final fire and life safety conditions will be
addressed when the Fire Department reviews any subsequent submittals. These
conditions will be based on California Fire Code (CFC), California Building Code
(CBC), and related codes/standards adopted and amended at the time of
construction plan submittal.
78. Phased Construction Access and Water Supply: If construction is phased, an
approved phasing plan shall be approved by the Fire Department. Each phase
shall provide approved access and water supply for fire protection prior to any
construction. Reference CFC as amended.
79. Traffic Calming Devices - Requests for installation of traffic calming
designs/devices on fire apparatus access roads shall be submitted and approved
by the Fire Code Official. Reference CFC as amended.
80. Unlimited Area Building - Based upon the building construction type and
requirements of the California Building Code (CBC), 60 feet of open space (with
some reductions permitted) may be required around the building. Consult with your
architect for additional information. Reference CBC.
81. Gate Access - All electronically operated gates shall be provided with Knox key
switches and automatic sensors for access. These gates shall be provided with
access to gate equipment or another method to open the gate if there is a power
failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box
containing the key to the lock is installed in an approved location on the approach
side of the gate). A pedestrian gate, if used to provide access, shall be a minimum
3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC as
amended.
82. Fire Department Access Doors – If high piled storage will be utilized in the building,
Fire Department Access Doors may be required every 150 feet along all portions
of the interior of the building that are along the fire apparatus access road.
Reference CFC as amended.
83. Water Plans - If fire hydrants are required to be installed, applicant/developer shall
furnish the water system fire hydrant plans to the Fire Department for review and
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approval prior to building permit issuance. Plans shall be signed by a registered
civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire
flow. Once plans are signed and approved by the local water authority, the originals
shall be presented to the Fire Department for review and approval. Reference CFC
as amended.
END OF CONDITIONS
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