HomeMy WebLinkAboutRes 00-4 and 005 Ord 931 and 932 GPA 99-3 CZ 99-2 PP-CUP 99-7 DA 99-3 01-13-2000 CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Mayor and City Council
II. REQUEST: Approval of a general plan amendment to add senior overlay,
approval of a change of zone from PR-7 (planned residential 7
units per acre) to PR-7 S.O. (planned residential senior overlay),
precise plan of design/conditional use permit (including a height
exception for the three (3) story portion), development agreement
and a negative declaration of environmental impact as it relates
to a proposed 250 unit continuing care retirement community
and a community center building 10.3 acres on the west side of
Fairhaven Drive south of Parkview Drive at 72-755 Parkview
Drive.
III. APPLICANT:
Pearl Industries Inc. Pearl Industries Inc.
66 Alviso Drive c/o Charles Sweet
Camarillo, CA 93010 43-708 Virginia Avenue
Palm Desert, CA 9221 1
IV. CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
V. DATE: January 13, 2000 continued from December 9, 1 999
A. STAFF RECOMMENDATION:
00-4
1 . Adopt Resolution No.tfitiktk approving GPA 99-3
2. Give second reading to Ordinance No. 931 approving C/Z 99-2
3. Give second reading to Ordinance No. 932 approving development agreement
00-5
4. Adopt Resolution No ARUM approving PP/CUP 99-7
B. BACKGROUND:
December 9, 1999 City Council gave first reading to Ordinance Nos. 931 and 932
which were the zone change and development agreement. The resolutions for the
general plan amendment and the precise plan/conditional use permit were held back
CITY COUNCIL STAFF REPORT
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7 AND DA 99-3
JANUARY 13, 2000
to allow staff to add appropriate conditions from the Nancy Singer submittal and to
clarify the responsibilities for improvements to Fairhaven Drive (i.e., permanent
closure).
C. DISCUSSION:
Staff have reviewed the eight conditions requested in the Nancy Singer December 9,
1999 submittal.
Conditions 5 through 8 refer to street issues on Parkview. Mr. Greenwood has
reviewed these and concurs with their inclusion. They will be added to the 32
conditions contained in Exhibit "B" to Resolution No.Albatft
00-5
Conditions 1 , 2 and 3 refer to building design and siting. We discussed these with
Mr. Sweet. These conditions cannot be imposed without greatly impacting the
project (i.e., No. 2 says, "The third floor should be eliminated.")
Condition No. 4 requests that the pool on the north side adjacent to Parkview be
relocated to an interior courtyard area. Mr. Sweet rejected this request. The pool
area will be five feet below Parkview and in addition there will be a four foot high
berm with a four foot wall. This pool area as designed should not negatively impact
on Parkview or residences to the north.
At the December 9, 1999 hearing there was some confusion with respect to
Condition No. 26 of Exhibit "B". One of the neighbors expressed concern that the
existing residents would have to pay for their half of the Fairhaven Drive street
vacation. The condition in no way requires the existing residents to pay anything.
Condition No. 26 requires:
1 . That Pearl Industries cooperate fully in any future street vacation effort.
2. Pay for its costs in the improvement and maintenance of vacated area and if
the vacation occurs during the design or construction of its project, then it will
pay for any demolition, construction and other costs.
We discussed this condition with Mr. Sweet and he understands it and does not
object to it.
(Sr:pp99-7.cc2) 2
CITY COUNCIL STAFF REPORT
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7 AND DA 99-3
JANUARY 13, 2000
To clarify one more time, the west half of any improvements to Fairhaven will be paid
for by Pearl Industries and the east half of one improvement will be paid by the City.
Prepared by:
Steve Smith
Reviewed and Approved by: -�
DWI`"
CP')
Philip Drell
/tm
CITY COUNCIL TION: DENIED
APPROVED OTHER
RECEIVED
MEETIN DATE
AYES: ' ' I
ABSENT:
ABSTAIN:
VERIFIED BY: C rk' s Office
Original on File with City
(Sr:pp99-7.cc2) 3
December 9, 1999
Presentation to the Palm Desert City Council by Nancy Singer
Thank you for the opportunity to speak to you again about Pearl Industries'
Paseo Village Project. As I have acknowledged before, I represent
homeowners in Rancho Mirage who are your immediate neighbors, directly
across the street from the proposed project. We appreciate your listening to
and considering our concerns, even though Mr. Jonathan at the last Planning
Commission meeting stated that he wasn't concerned with our issues. I
know too that you have received a letter from the Mayor of Rancho Mirage
opposing this project due to its massiveness.
We in the community are not opposed to senior housing, we have just been
opposed to many of the parameters presented here. Our preference for this
parcel would be single family homes with densities of 2 to 4 per acre which
would be in line with the homes in the Palm Dell Estates, the Ridgeview
Estates, and The Estates at Rancho Mirage. However the owner/developer
has stated that single family homes are not an option. We would graciously
accept life-estate senior apartments as long as the development blends with
the neighborhood and could be viewed as transitional from the existing
residential community to the commercialism on Fred Waring Drive. We just
don't think this project does that.
Unfortunately, even with the modifications made by the developer and the
special conditions noted as Exhibit B in the staff report, we still feel that the
massiveness of the proposed structure and the commercial nature of the
project is incompatible with the neighborhood. The buildings are just too
large. I have proposed a possible alternative to the developers to open the
hallways on the second floor between buildings as this would go a long ways
to alleviate the massive look of the structures. We also believe that the
massive look could be alleviated by elimination of the third floor. Perhaps
this too would alleviate some of the commercialism of the project by
deleting some of the plans for the community center.
I understand that One Quail Place is the highest density project in Palm
Desert at 22 per acre. The proposed project is even higher, at 24.3 per acre.
And they would be side-by-side! Earlier this year, a 16 per acre senior
project was denied in Palm Desert as being too dense for a residential area.
What could possibly justify a 50% higher density than the one that was
recently denied?
We are concerned with the placement of the structures on the parcel as we
do not believe that sufficient setback has been provided for. The Hacienda
project has been used by the developer as a comparison and it is setback 80
feet from the commercial Monterey Avenue. This proposed project has a
setback of only 60 feet from the residential Fairhaven Drive and only 38 feet
from the residential Parkview Drive.
We are also concerned with the traffic impact on Parkview. At various
times, the street is heavily traveled and unfortunately usually at speeds
significantly exceeding the speed limit. A serious accident is just waiting to
happen now; this project will only aggravate the seriousness of this problem,
The developer has agreed to a special condition to park all construction
equipment on the site and to post temporary No Parking signs on the south
side of Parkview during construction. We believe that the No Parking signs
should be permanent. I have requested that the City of Rancho Mirage also
designate the north side of Parkview for No Parking. Right and left turns
both into and from the one driveway for this project will likely cause traffic
hazard and need special lanes to lessen the potential for a serious accident.
While continuing to not favor a project of this size, we have embraced the 32
special conditions agreed to by the developer. In meetings with the
Moreheads, I have told them of the following additional conditions/changes
that we advocate:
1. Additional setback is needed on the Parkview side of the structure.
2. The third floor should be eliminated.
3. Second floor hallways between building segments should be open.
4. The pool facing Parkview should be relocated to an interior courtyard
area.
5. Left and right turn lanes should be designated on Parkview into the
roject's driveway at the east end of the site.
6. A stop sign should be installed for exiting the project.
▪ Right and left turn collector lanes should be designated on Parkview
for exiting the project.
. Special condition#30 should be modified to make the No Parking
designation permanent on the south side of Parkview.
We again urge you to deny this project in the interest of the integrity of the
existing community in both our cities. Should you decide to proceed with
the project, we request that the height variance to your zoning code not be
granted, that the senior overlay to the current density designation be limited,
and that the special conditions be amended as just discussed.
Thank you for your time and consideration of our concerns.
ORDINANCE NO. 931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO.
107, THE PALM DESERT ZONING MAP, BY ADDING THE
SENIOR OVERLAY DESIGNATION TO 10.3 ACRES ON THE
WEST SIDE OF FAIRHAVEN DRIVE SOUTH OF PARKVIEW
DRIVE, 72-755 FAIRHAVEN DRIVE.
CASE NO. C/Z 99-2
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN,
as follows:
SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the
Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is
hereby amended to read as shown on the attached Exhibit "A."
SECTION 2: That a Negative Declaration of Environmental Impact is hereby
certified.
SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed
to publish this ordinance in the Palm Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force and
effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , .2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Mayor
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
wpdocs\sr\cz99-2.cc
CL.
P.R.-7, S.P.
I OH
ft
-'r'1is _ '1 it
� . 7
`---_ I
y
. _ P.R.-7,
P.R.-7, ` S.P. f
S.P. �\ 1�
, IMO
z
ONE QUAI . \�` S' \,
.< PLACE A'=-1 0.0
\ :I* oLD .
n n AHD rric !Rfi2C
4> 1 N
R- n zGLORIAls
P.R.- S.P. 't2 0,�, � ;_ At
S.P.
Proposed
—� 1 Change of Zone
FRED WARING DRIVE
• E_
P,� P.C.-(3), P.G.-(3), S.P. P.R.-7,S.P.
j 'O.S. S.P. To
P.R.-7, S.P., S.O.
--R-fi
edgalYabn.1)enei Case No. CITY COUNCIL
T ►~r Chan(' of Zone ORDINANCE NO. 931
' .'-. EXHI II IT A Date:
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL 0 F THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND PEARL INDUSTRIES, INC., FORA 250-
UNIT CONTINUING CARE RETIREMENT COMMUNITY ON
10.3 ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE
SOUTH OF PARKVIEW DRIVE, 72-755 PARKVIEW DRIVE.
CASE NO. DA 99-3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December , 1999, hold a duly noticed public hearing to consider the request by
PEARL INDUSTRIES, INC. for the project described above; and
WHEREAS, the Planning Commission by its Resolution No. 1958 has
recommended approval; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined that
the project will not have a significant adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared;
WHEREAS, at said public hearing, City Council heard and considered all testimony
and arguments of all interested persons.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Development Agreement, "Exhibit "A" attached hereto, is hereby
approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be
in full force and effect thirty (30) days after its adoption.
4. That a Negative Declaration of Environmental Impact, Exhibit "B" attached
hereto, is hereby certified.
1
ORDINANCE NO. 932
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of January , 2000 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Mayor
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
wpdocs\sr\pearl.ord
2
CITY COUNCIL ORDINANCE NO. 932
EXHIBIT A
SENIOR HOUSING DEVELOPMENT AGREEMENT
PEARL INDUSTRIES INC.
THIS AGREEMENT is entered into this 13th , day of
January , 2000, between Pearl Industries Inc. (hereinafter "Property Owner")
and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and
existing under the laws of the state of California.
RECITALS
This Agreement is predicated upon the following facts:
A. Government Code Sections 65864-65869.5 authorize the City to enter
into binding development agreements with persons having legal or equitable interests
in real property for the development of such property;
B. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property is described in Exhibit 1 , attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been
granted approval of a precise plan/conditional use permit (PP/CUP 99-7) to construct
a 250 unit senior assisted living (age 62 and older) project and zone change to senior
overlay;
1
CITY COUNCIL ORDINANCE NO. 932
C. The DEVELOPER has applied for precise plan/conditional use permit
approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay
District which allows for significant density increases in return for building specialized
housing designed and restricted to residents over age 62 years;
D. The City Council of City has found that the development agreement is
consistent with the General Plan and Senior Overlay; and
NOW, THEREFORE, the parties agree:
1 . Definitions. In this Agreement, unless the context otherwise
requires:
(a) "City" is the City of Palm Desert.
(b) "Project" is the development to be constructed in the City
pursuant to Precise Plan/Conditional Use Permit 99-7.
(c) "Property Owner" means the person having a legal or
equitable interest in the real property as described in paragraph (3) and includes the
Property Owner's successor in interest.
(d) "Real Property" is the real property referred to in paragraph
(2).
(e) "Useful Life of the Project" is the greater of thirty (30) years
or the period of time which the Project remains habitable, with reasonable care and
maintenance, as determined by City.
(f) "Senior Citizen Household" means a maximum two person
2
CITY COUNCIL ORDINANCE NO. 932
household of which all members are 62 years of age or older.
2. Description of Real Property. The real property which is the subject
of this Agreement is described in Exhibit A.
3. Interest of Property Owner. Property Owner represents that he has
a full legal and equitable interest in the Real Property and that all other persons holding
legal or equitable interests in the Property are to be bound by the Agreement.
4. Assignment. The rights of the Property Owner under this
Agreement may be transferred or assigned; however, Property Owner will remain
responsible for all obligations under this Agreement unless the written consent of the
City is first obtained, which will not be unreasonably withheld.
5. Binding effect of Agreement. The burdens of this Agreement bind
and the benefits of the Agreement inure to the successors in interest to the parties to
it.
6. Relationship of parties. It is understood that the contractual
relationship between the City and Property Owner is such that the Owner is an
independent contractor and not the agent of the City.
7. Agreement by Property Owner and City.
(a) Property Owner has been granted permission by the City to
construct a 250 unit senior assisted living (age 62 years and older) project, a zone
change to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-
7 City Council Resolution No. 00-05 . Chapter 25.52 requires senior projects to set
3
CITY COUNCIL ORDINANCE NO. 932
aside 25% of total project units as units affordable for very low, low and moderate
income senior households. These affordable units are required in exchange for
substantial density bonuses (project units in excess of base zone density) which have
historically ranged from 10 to 20 additional units per acre. The project is receiving a
density bonus of 18 units/acre or 159 of the 250 total project units. The project's
affordable housing requirement shall therefore be established at 62.5 units.
(b) The Property Owner shall meet the affordable housing
requirement as follows:
Payment of $1 2,000 per affordable unit totaling
$750,000 to the City to be used for the purpose of providing very low, low and
moderate income senior housing. Payment shall be made in increments to the City
prior to obtaining a Certificate of Occupancy for each and every unit in the project at
the rate of $3,000.00 per unit.
(c) Property Owner shall not discriminate on the basis of race,
color or creed, sex, or national origin.
(d) Age limits. The minimum age for all PROJECT occupants
shall be 62 years old.
(e) Change in Project. No change, modification, revision or
alteration may be made in the approved precise plan without review and approval by
those agencies of the City approving the plan in the first instance. A change,
modification, revision or alteration in the approved precise plan/conditional use permit
4
CITY COUNCIL ORDINANCE NO. 932
is not effective until the parties amend this AGREEMENT to incorporate it.
(f) Hold Harmless. Property Owner agrees to and shall hold the
City, its officers, agents, employees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may arise from the direct or indirect operations of the Property
Owner or those of his contractor, subcontractor, agent, employee or other person
acting on his behalf which relates to the PROJECT. Property Owner agrees to and
shall defend the City and its officers, agents, employees and representatives from
actions for damages caused or alleged to have been caused by reason of Property
Owner's activities in connection with the PROJECT.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by reason of the
operation referred to in this paragraph, regardless of whether or not the City prepared,
supplied, or approved plans or specifications or both for the PROJECT.
Property Owner further agrees to indemnify, hold harmless,
pay all costs and provide a defense for City in any action challenging the validity of the
DEVELOPMENT AGREEMENT.
(g) Periodic Review of Compliance with Agreement.
City Planning Commission shall review this
DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a
possible breach of the terms of this AGREEMENT.
5
CITY COUNCIL ORDINANCE NO. 932
(h) Amendment or Cancellation of Agreement. This
DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by
mutual consent of the parties and in the manner provided for in Government Code,
Sections 65868, 65867 and 65867.5.
(i) Enforcement. Unless amended or canceled as provided in
paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it
notwithstanding a change in the applicable general or specific plan, zoning,
subdivision, or building regulations adopted by City which alter or amend the rules,
regulations or policies governing permitted uses of the land, density, design,
improvement and construction standards and specifications.
(j) Events of default. Property Owner is in default under this
AGREEMENT upon the happening of one or more of the following events or conditions:
If a warranty, representation or statement made or
furnished by Property Owner to City is false or proves to have been false in any
material respect when it was made;
ii. A finding and determination by City made following
a periodic review under the procedure provided for in Government Code, Section
65865.1 , that upon the basis of substantial evidence Property Owner has not complied
in good faith with any of the terms or conditions of this AGREEMENT.
iii. Property Owner's failure to maintain the Real Property
in substantially the same condition as it exists on the date that City issues the
6
CITY COUNCIL ORDINANCE NO. 932
Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good
and workmanlike manner any building which may be damaged or destroyed.
iv. Property Owner's failure to appear in and defend any
action or proceeding purporting to affect the rights or powers of City under the terms
of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including
attorneys' fees in a reasonable sum, in any such action or proceeding in which City
may appear.
(k) Procedure upon default. If, as a result of periodic review,
or other review of this AGREEMENT, the Planning Commission or City finds and
determines, on the basis of substantial evidence, that Property Owner has not
complied with the terms or conditions of this AGREEMENT, the Commission shall
notify the Property Owner or successor in interest as to the specific nature of
noncompliance, and describe the remedies required to achieve compliance. Property
Owner has thirty (30) days upon receipt of notification to take remedial actions. If
Property Owner fails to take remedial action within thirty (30) days, the Planning
Commission of City shall recommend to the City Council of City that this
DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth
in this paragraph be exercised by the City. If the City Council of City concurs with the
recommendation of the City's Planning Commission, the City Council may modify this
Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ
one or more of the remedies set forth in this paragraph. Proceedings before the City
7
CITY COUNCIL ORDINANCE NO. 932
Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal
Code of the City of Palm Desert. In the event of a default, City may employ one or
more of the following remedies, in its sole discretion:
City may revoke all previous approvals, entitlements
and permits granted by the City to Property Owner with respect to this PROJECT and
the subject Real Property.
ii. City may pursue all other legal or equitable remedies
City may have under California law or as set forth in this DEVELOPMENT AGREEMENT
and City shall be entitled to specific performance and enforcement of each and every
term, condition and covenant set forth herein.
(I) Damages upon Cancellation, Termination of Agreement. In
no event shall Property Owner be entitled to any damages against the City upon
modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of
its rights under this DEVELOPMENT AGREEMENT.
(m) Attorney's fees and costs. If legal action by either party is
brought because of breach of this AGREEMENT or to enforce a provision of this
AGREEMENT, the prevailing party is entitled to reasonable attorneys' fees and court
costs.
(n) Notices. All notices required or provided for under this
DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by
certified mail, postage prepared. Notice required to be given to City shall be addressed
8
CITY COUNCIL ORDINANCE NO. 932
as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California
92260.
Notices required to be given to Property Owner shall be
addressed as follows: Pearl Industries Inc., 66 Alviso Drive, Camarillo, CA 93010.
A party may change the address by giving notice in writing
to the other party and therefore notices shall be addressed and transmitted to the new
address.
(o) Rules of Construction and Miscellaneous Items.
The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
ii. If a part of this AGREEMENT is held to be invalid, the
remainder of this AGREEMENT is not affected.
iii. If there is more than one signer of this AGREEMENT
their obligations are joint and several.
iv. The time limits set forth in this AGREEMENT may be
extended by mutual consent of the parties in accordance with the procedures for
adoption of an agreement.
(p) Duration of Agreement. This AGREEMENT shall expire only
upon total destruction of the apartment project which is the subject of this
DEVELOPMENT AGREEMENT.
(q) Applicable Law. This AGREEMENT shall be construed
9
CITY COUNCIL ORDINANCE NO. 932
according to the laws of the State of California.
(r) Severability. If any portion of this AGREEMENT is for any
reason held to be unenforceable, such determination shall not affect the validity of the
remaining portions.
(s) Authority. Each of the parties hereto covenants and agrees
that it has the legal capacity to enter into this AGREEMENT contained herein, that each
AGREEMENT is binding upon that party and that this AGREEMENT is executed by a
duly authorized official acting in his official capacity.
10
CITY COUNCIL ORDINANCE NO. 932
IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed
by the parties on the day and year first above written.
Approved as to form: CITY OF PALM DESERT
A Municipal Corporation
By:
City Attorney
Attest:
PEARL INDUSTRIES INC.
By:
By:
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
On this day of , 2000, before me, a Notary
Public in and for said State, personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the person
who executed the within instrument on behalf of , and
acknowledged to me that executed the same.
11
ORDINANCE NO. 932
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive, 72-755 Parkview Drive.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
I
RESOLUTION NO. 00-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING SENIOR OVERLAY
TO 10.3 ACRES ON THE WEST SIDE OF FAIRHAVEN
DRIVE, SOUTH OF PARKVIEW DRIVE, 72-755 PARKVIEW
DRIVE.
CASE NO. GPA 99-3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December, 1999, hold a duly noticed public hearing to consider a request by PEARL
INDUSTRIES, INC., for the above project; and
WHEREAS, the Planning Commission by its Resolution No. 1958 has
recommended approval of Case No. GPA 99-3; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined that
the project will not have a significant adverse impact and a Negative Declaration has been
prepared; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to justify its actions, as described below:
1 . That Senior Overlay designation will have no more impact than existing land
use designation based on PP/CUP 99-7.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That the City Council does hereby approve GPA 99-3 as shown on
Exhibit "A" attached hereto.
3. That a Negative Declaration of Environmental Impact is hereby certified.
1
RESOLUTION NO. 00-04
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held this 13th day of January , 2000 , by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: Ferguson
ABSENT: None
ABSTAIN: None
BUFORD CRITES, Mayor
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
wpdocs\res\gpa99-3.cc
2
RESOLUTION NO. 00-04
1
- ,___C
P.R.-7 S.P.
1
1
0.S. P.R.-7, 4
ov P.R.-7,
S.P.
S.P. ,L\ '
, 4 '
-,l O ` - ••
ONE QU • 1 \�
c . .... illIllIlli
►-< 5 PLACE . 0 00
AHD \ .-1 124
O \ . _ To
R- 0 ---- _ _e •••••,
r
P.R.— , S.P. ki
s: .
I r Proposed
l l FRED WARING DRIVE GPA
P. P.C.—(3), S.P.
P.C•—(^iMedium Density Residential,
3 J, Scenic Preservation
f^►.S. To
S.P. Medium Density Residential,
R_ Scenic Preservation,
} Senior Overlay
. To
eliy al Yam.0enen!
Case No. CITY COUNCIL
4t > . = GENERAL PLAN AMENDMENT RESOLUTION NO. 00-4
EXHI It IT /\ Date:
RESOLUTION NO. 00-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN AND CONDITIONAL USE PERMIT FOR A 250-UNIT
CONTINUING CARE RETIREMENT (AGE 62 YEARS AND
OLDER) COMMUNITY ON 10.3 ACRES ON THE WEST SIDE
OF FAIRHAVEN DRIVE SOUTH OF PARKVIEW DRIVE, 72-
755 PARKVIEW DRIVE.
CASE NO. PP/CUP 99-7
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December, 1999, hold a duly noticed public hearing to consider the request of
PEARL INDUSTRIES, INC. for approval of the project described above; and
WHEREAS, the Planning Commission has recommended approval by its Resolution
No. 1958; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined that
the project will not have a significant adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to justify granting approval of said request:
1 . The precise plan is consistent with the intent and purpose of the PR-7 zone
district and Senior Housing Overlay.
2. The design of the precise plan/conditional use permit will not substantially
depreciate property values, nor be materially injurious to properties or
improvements in the vicinity.
3. The precise plan/conditional use permit will not unreasonably interfere with
the use or enjoyment of property in the vicinity by the occupants thereof for
lawful purposes.
4. The precise plan/conditional use permit will not endanger the public peace,
health, safety or general welfare.
1
RESOLUTION NO.00-05
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That approval of Precise Plan/Conditional Use Permit 99-7 is hereby
granted, subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact, Exhibit A attached, is
hereby certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held this 13th day of January , 2000, by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: Ferguson
ABSENT: None
ABSTAIN: None
BUFORD A. CRITES, Mayor
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
2
RESOLUTION NO. 00-05
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive, 72-755 Parkview Drive.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
11
RESOLUTION NO. 00-05
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7
Department of Community Development:
1 . The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from
the date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may
be in force.
4. Prior to issuance of a building permit for construction of any use contemplated
by this approval, the applicant shall first obtain permits and/or clearance from
the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building
permit for the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable trash company and
Department of Community Development and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10. Method of compliance shall be established prior to
completion of the Architectural Review Commission process.
3
RESOLUTION NO. 00-05
7. Applicant agrees to maintain the landscaping required to be installed pursuant
to these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors and
assigns. The final landscape plan shall include a long-term maintenance
program specifying among other matters appropriate watering times, fertilization
and pruning for various times of the year for the specific materials to be planted,
as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801 ) and the approved
landscape plan.
8. That the project shall operate consistent with the provisions of a development
agreement which must be adopted by the City Council, otherwise this approval
shall be null and void.
9. That the applicant file necessary map(s) to consolidate the property into no
more than two lots so that the buildings do not cross any property lines.
10. That all suggested conditions of approval included in the September 1999 traffic
report as outlined below shall be conditions on this project.
a. Proposed curb returns shall have a minimum radius of 35 feet.
b. Proper signage and striping shall be provided at the driveways fronting
Fred Waring Drive indicating one-way traffic.
c. Stop sign and right-turn only sign shall be provided at the easterly
driveway fronting Fred Waring Drive.
d. Stop sign shall be provided at the driveway fronting Parkview Drive.
e. Parking stalls for disabled persons shall be provided at the front of the
assisted living/skilled nursing building.
f. Parking stalls for disabled persons shall be provided at the front of the
Community Center Building and for each of the residential buildings.
g. Assisted living/skilled nursing employee parking shall be provided near the
building.
4
RESOLUTION NO. 00-05
h. Parking shall not be allowed along the access road. Curb along access
road shall be painted red.
No parking signs shall be posted along the west side of Fairhaven Drive
fronting the proposed project.
j. Parkview Drive shall be striped to provide a westbound left turn lane for
vehicles entering the proposed project.
k. Parkway landscaping or monument signing along Fred Waring Drive and
Parkview Drive should not impede or restrict the sight distance of
vehicles exiting the site.
The proposed emergency driveways at Parkview Drive (west end of the
property) and Fairhaven Drive should be used only for emergency
purposes only. Proper signs should be posted and the driveway should
be gated to prohibit other usage.
m. Delivery/trash pick-up trucks shall be allowed to enter/exit from Fred
Waring Drive and Parkview Drive. Access road shall accommodate
delivery/trash pick-up trucks.
1 1 . That the applicant shall provide a proper method of disposal of medical waste
for the retirement community facility.
12. That the restaurant in the retirement community facility not be open to the
general public. Said restaurant to be limited to full time residents of the project
and their guests.
Department of Public Works:
13. Drainage fees, in accordance with Palm Desert Municipal Code Section 26.49
and Ordinance No. 653, shall be paid prior to issuance of any permits
associated with this project.
14. Drainage facilities shall be provided in accordance with Section 26.49 of the
Palm Desert Municipal Code and the Master Drainage Plan. Drainage facility
construction required for this project shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
5
RESOLUTION NO. oo-05
15. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
1 7 and 79-55 shall be paid prior to issuance of any permits associated with this
project.
1 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be a t the time of building permit issuance.
17. A complete preliminary soils investigation, conducted by a registered soils
engineer, shall be submitted to, and approved by, the Department of Public
Works prior to the issuance of a grading permit.
18. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
19. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
20. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for checking
and approval before construction of any improvements is commenced. Offsite
improvement plans to be approved by the Public Works Department and a
surety posted to guarantee the installation of required offsite improvements
prior to permit issuance.
21 . All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to issuance of any
permits associated with this project.
22. Landscape installation on the property frontages shall be water efficient in
nature and maintenance shall be provided by the property owner.
23. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20 Stormwater Management and
Discharge Control.
24. The location and permitted movements of all project entry points shall be
subject to the review and approval of the Director of Public Works and shall
include right turn only ingress/egress for the Fred Waring Drive access points
and full access for the Parkview Drive access points. The proposed Fairhaven
Drive access points shall be limited to emergency use only.
6
RESOLUTION NO. 00-05
25. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits. In addition to all standard engineering design parameters, the plan shall
address appropriate circulation related issues.
26. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
27. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map
application for lot line adjustment.
28. As required under the Palm Desert Code, all existing overhead utilities shall be
converted to underground in accordance with the respective utility company
recommendation.
29. Prior to start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002)
for storm water discharges associated with construction activity.
30. All traffic impact mitigation measures identified in the project Traffic Impact
Study prepared by Robert Bein, William Frost and Associates and approved by
the city shall be considered conditions of approval for the project.
Riverside County Fire Department:
31 . With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
UFC, and UBC and/or recognized fire protection standards.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per California Fire Code Sec. 10.301 C.
32. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating
pressure must be available before any combustible materials are placed on the
job site.
7
RESOLUTION NO. 00-05
33. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of 3000 gpm. The actual fire flow available from any
one hydrant connected to any given water main shall be 1500 gpm for two
hours duration at 20 PSI residual operating pressure.
34. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-
1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion
of the building(s) as measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shall be of the "wet barrel" type.
35. Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the required fire
flow, or arrange field inspection by the Fire Department prior to request for final
inspection.
36. Install a complete fire sprinkler system per NFPA 13. The post indicator valve
and fire department connection shall be located to the front, not less than 25'
from the building and within 50' of an approved hydrant. This applies to all
buildings with 3000 square feet or more building area as measured by the
building footprint, including overhangs which are sprinklered per NFPA 13. The
building area of additional floors is added in for a cumulative total. Exempted
are one and two family dwellings.
37. Install a fire alarm (water flow) as required by the Uniform Building Code 3803
for sprinkler system. Install tamper alarms on all supply and control valves for
sprinkler systems.
38. Certain designated areas will be required to be maintained as fire lanes and shall
be clearly marked by painting and or signs approved by the Fire Marshal.
39. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire
Code. Minimum requirement is UL central station monitoring of sprinkler system
per NFPA 71 and 72. Alarm plans are required for all UL central station
monitored systems, systems where any interior devices are required or used.
(U.F.C. 14-103(a))
40. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A1OBC in rating. Fire extinguishers must not be over 75 feet walking
distance. In addition to the above, a 40BC extinguisher is required for
commercial kitchens.
8
RESOLUTION NO. 00-05
41 . Install a Hood/Duct automatic fire extinguishing system if operating a
commercial kitchen including, but not limited to, deep fryers, grills, charbroilers
or other appliances which produce grease laden vapors or smoke. NFPA 96,
17, 17a.
42. All buildings shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. Dead-end roads in
excess of 150' shall be provided with a minimum 45' radius turn-around (55'
in industrial developments). Fountains or garden islands placed in the middle of
these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards
may be more restrictive.
43. Whenever access into private property is controlled through use of gates,
barriers, guard houses or similar means, provision shall be made to facilitate
access by emergency vehicles in a manner approved by the Fire Department.
All controlled access devices that are power operated shall have a Knox Box
over-ride system capable of opening the gate when activated by a special key
located in emergency vehicles. All controlled access devices that are not power
operated shall also be approved by the Fire Department. Minimum opening
width shall be 16' with a minimum vertical clearance of 13'6".
44. This project may require licensing and/or review by State agencies. Applicant
should prepare a letter of intent detailing the proposed usage to facilitate case
review. Contact should be made with the Office of the State Fire Marshal (818-
960-6441 ) for an option and a classification of occupancy type. This
information and a copy of the letter of intent should be submitted to the Fire
Department so that property requirements may be specified during the review
process. Typically this applies to educational, day care, institutional, health
care, etc.
45. Commercial buildings shall have illuminated addresses of a size approved by the
city.
46. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately for approval prior to construction. Subcontractors
should contact the Fire Marshal's office for submittal requirements.
47. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
48. Fire sprinkler system must include Class I standpipes per UFC and UBC.
9
RESOLUTION NO. nn-5
49. Must have 20 foot emergency fire lane around all buildings.
Special Condition:
1 . That the list of "Special Conditions" presented to the Planning commission by
area residents and accepted by the applicant as modified by staff, consistent
with Planning Commission direction, attached hereto as Exhibit "B" are hereby
imposed as conditions on this project.
10
RESOLUTION NO. 00-05
EXHIBIT "B"
SPECIAL CONDITIONS
AS AGREED TO BETWEEN APPLICANT AND AREA RESIDENTS
OPERATING RESTRICTIONS
1. Delivery hours for the entire complex shall be limited to 7:00 a.m. to 6:00 p.m.
Monday through Saturday.
2. Landscape maintenance and refuse collection of any kind shall occur only between
8:00 a.m. to 5:00 p.m. Monday through Saturday.
3. The restaurant, gift shop and other various services and facilities on site shall not
be open to the general public. The restaurant shall provide an effective means of
odor control from cooking units satisfactory to the Director of Community
Development/Planning prior to issuance of a building permit.
LIGHTING RESTRICTIONS
4. There shall be no security or parking lot lighting mounted above the height of the
perimeter walls. Patio lighting shall be fully shielded. All security and parking lot
lighting shall not be visible from the northerly and easterly residential areas.
NOISE CONTROL RESTRICTIONS
5. All loading docks must be enclosed or accessed through underground parking
structure.
6. The applicant/operator shall post signs requiring all loading doors remain closed.
7. That all engines or delivery vehicles shall be shut off if a delivery, maintenance or
transport vehicle is parked more than five minutes. Post accordingly.
8. Prohibit all horn blowing, loud talking and radios for vendors and residents. Post
accordingly.
9. Prohibit the use of forklifts except within the loading area or underground parking
area.
12
RESOLUTION NO. 00-05
10. Exiting exhausts and all other mechanical equipment must be located in or directly
adjacent to the main building structures.
11. Prohibit the parking of delivery trucks and trailers overnight. Post accordingly.
12. Require that all refrigeration equipment mounted on trucks or trailers be shut down
if not required for on-board contents, and in no event shall they remain on site for
longer than one hour.
13. All trash containers shall be placed only on the service road on the west side of the
facility with the only point of entrance being the north/west site entrance on
Parkview. All mechanical and hydraulic equipment involved with the on-site
handling of solid waste requires enclosure within an eight-foot wall.
14. That all on-site vehicles used for maintenance and transport of residents be CNG
electric, or other environmentally friendly powered vehicles which will serve to
reduce noise levels and have a positive environmental impact. Vehicles other than
CNG or electric shall be approved by the City's Environmental Conservation
Manager and Director of Community Development.
SITE DEVELOPMENT
15. Complete improvement plans and specifications shall be submitted to the Director
of Public Works and the Planning Director for checking approval before construction
begins. Any changes to the basic project as it relates to the items listed herein shall
be communicated and discussed with the impacted neighborhoods before approval
is given.
16. All electrical distribution, telephone, television cable and similar service wires shall
be installed underground.
17. The maximum height of the entire facility shall be limited to 25 feet above existing
curb face on Fairhaven Drive and Parkview, except for the Community Center
building, which shall not exceed 28 feet.
18. The building setback shall be 60 feet from existing curb on Fairhaven and 38 feet
on Parkview for the two-story structures with a height limitation of 15 feet (excluding
roof landscaping) and 120 feet from existing curb for the three-story structures with
a height limitation of 25 feet above curb height from both Fairhaven Drive and
Parkview except for the community facility building which shall not exceed 28 feet
above curb.
13
RESOLUTION NO. 00-05
19. Property owner shall maintain perimeter and interior landscaping in a healthy and
living condition.
20. No roof-mounted equipment of any kind shall exceed the maximum height of the
complex at 25 feet for the three-story portion 28 feet for the Community Center
building or 15 feet for the second story. No equipment of any kind will be located
on the roof of any structure within 120 feet of the Fairhaven Drive and Parkview
existing curb location.
21 . All mechanical equipment, trash containers, compactors and electrical equipment
of any kind shall be located inside the building, and there shall be no grills, louvers
or other openings on the north or east sides of the complex. The interior areas shall
be thoroughly sound insulated.
22. That the perimeter service road shall have speed bumps installed at 100 - 150 foot
intervals.
23. That all entrances, main, service and emergency be approved by all necessary
agencies, especially the City Fire Marshal, to ensure that Fairhaven Drive would not
be considered as an entry to the facility other than for emergency purposes.
LANDSCAPING
24. That for the subject property located on both Fairhaven Drive and Parkview, a four-
foot berm and a four-foot masonry wall on top of said berm be constructed along
with immediate planting of dense landscaping to effectively shield the complex from
exterior line of sight.
25. That the applicant shall make final landscape plans available to neighborhood
representatives for review and comment prior to the plans being presented to the
Architectural Review Commission for final approval.
26. That the applicant shall cooperate fully with the community for any future vacation
of a section of Fairhaven Drive from San Juan Drive to the site property line and
installation of cul-de-sacs at Arboleda and San Juan, subject to approval of all other
affected agencies, i.e., Fire Department.
Should the street vacation occur, the applicant shall be responsible for its share of
costs in improvement and maintenance of vacated area.
14
RESOLUTION NO. 00-05
Should Fairhaven Drive be vacated during the design or construction of this project,
applicant agrees to pay its share of demolition, construction and other costs.
27. That the applicant/operator agrees to work with any neighborhood advisory
committee that may be established to work with the developer and the Planning
Department to solve site development and operating problems as they occur.
28. That any substantive changes to the agreed upon conditions of approval must be
properly noticed and a public hearing conducted to consider said changes.
29. That any tile roof sections shall be consistent with tile used in the neighborhood to
the satisfaction of the Architectural Review Commission.
30. That the applicant/developer shall install temporary "No Parking" signs on the south
side of Parkview Drive and remove same at construction completion. All
construction vehicles shall park on subject site only; no construction parking
permitted on Parkview or other area streets.
31. That the applicant/developer shall provide effective dirt/dust/waste control during
construction.
32. That in order to mitigate possible aesthetic concerns and property value impacts,
the applicant has agreed to acquire or facilitate improvement of two properties in
the Palm Dell Estates areas (the area bounded by Parkview, Fred Waring, Monterey
and Fairhaven Drive) for remodel and upgrading. First property to be acquired and
remodeled prior to the applicant obtaining a Certificate of Occupancy for the 100th
unit in the project. Second property to be acquired and remodeled prior to the
applicant obtaining a Certificate of Occupancy for the 200th unit in the project. The
applicant may request a waiver or modification of this condition upon a good faith
showing that a bona fide offer(s), based on appraised values, have unsuccessfully
been made for properties within the area defined.
Applicant agrees that remodel and upgrading of said properties will include, but not
be limited to, expansion of said dwellings by at least 50% of its present size or a
minimum unit size of 2,200 square feet, and expenditure of at least $75,000 per
dwelling exclusive of acquisition costs.
33. That on Parkview Drive left and right turn lanes be delineated into the project's
driveway.
34. That a stop sign be installed at the north limit of the driveway exiting the site.
15
RESOLUTION NO. 00-05
35. That the driveway exiting the project be delineated for right and left turn movements.
36. That the south side of Parkview Drive adjacent to this project shall be a no parking
zone and shall be signed accordingly. This condition replaces Condition #30 which
imposed no parking during construction.
16
RESOLUTION NO. 99-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN AND CONDITIONAL USE PERMIT FOR A 250-UNIT
CONTINUING CARE RETIREMENT (AGE 62 YEARS AND
OLDER) COMMUNITY ON 10.3 ACRES ON THE WEST SIDE
OF FAIRHAVEN DRIVE SOUTH OF PARKVIEW DIRVE, 72-
755 PARKVIEW DRIVE.
CASE NO. PP/CUP 99-7
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December, 1999, hold a duly noticed public hearing to consider the request of
PEARL INDUSTRIES, INC. for approval of the project described above; and
WHEREAS,the Planning Commission has recommended approval by its Resolution
No. 1958; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined that
the project will not have a significatn adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to justify granting approval of said request:
1 . The precise plan is consistent with the intent and purpose of the PR-7 zone
district and Senior Housing Overlay.
2. The design of the precise plan/conditional use permit will not substantially
depreciate property values, nor be materially injurious to properties or
improvements in the vicinity.
3. The precise plan/conditional use permit will not unreasonably interfere with
the use or enjoyment of property in the vicinity by the occupants thereof for
lawful purposes.
4. The precise plan/conditional use permit will not endanger the public peace,
health, safety or general welfare.
CITY COUNCIL RESOLUTION NO. 99-117
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That approval of Precise Plan/Conditional Use Permit 99-7 is hereby
granted, subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact, Exhibit A attached, is
hereby certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held this day of , 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
wpdocs\res\cup99-7.cc
CITY COUNCIL RESOLUTION NO. 99-117
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7
Department of Community Development:
1 . The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from
the date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may
be in force.
4. Prior to issuance of a building permit for construction of any use contemplated
by this approval, the applicant shall first obtain permits and/or clearance from
the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building
permit for the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable trash company and
Department of Community Development and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10. Method of compliance shall be established prior to
completion of the Architectural Review Commission process.
3
CITY COUNCIL RESOLUTION NO. 99-117
7. Applicant agrees to maintain the landscaping required to be installed pursuant
to these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors and
assigns. The final landscape plan shall include a long-term maintenance
program specifying among other matters appropriate watering times, fertilization
and pruning for various times of the year for the specific materials to be planted,
as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801 ) and the approved
landscape plan.
8. That the project shall operate consistent with the provisions of a development
agreement which must be adopted by the City Council, otherwise this approval
shall be null and void.
9. That the applicant file necessary map(s) to consolidate the property into no
more than two lots so that the buildings do not cross any property lines.
10. That all suggested conditions of approval included in the September 1999 traffic
report as outlined below shall be conditions on this project.
a. Proposed curb returns shall have a minimum radius of 35 feet.
b. Proper signage and striping shall be provided at the driveways fronting
Fred Waring Drive indicating one-way traffic.
c. Stop sign and right-turn only sign shall be provided at the easterly
driveway fronting Fred Waring Drive.
d. Stop sign shall be provided at the driveway fronting Parkview Drive.
e. Parking stalls for disabled persons shall be provided at the front of the
assisted living/skilled nursing building.
f. Parking stalls for disabled persons shall be provided at the front of the
Community Center Building and for each of the residential buildings.
g. Assisted living/skilled nursing employee parking shall be provided near the
building.
4
CITY COUNCIL RESOLUTION NO. 99-117
h. Parking shall not be allowed along the access road. Curb along access
road shall be painted red.
No parking signs shall be posted along the west side of Fairhaven Drive
fronting the proposed project.
j. Parkview Drive shall be striped to provide a westbound left turn lane for
vehicles entering the proposed project.
k. Parkway landscaping or monument signing along Fred Waring Drive and
Parkview Drive should not impede or restrict the sight distance of
vehicles exiting the site.
The proposed emergency driveways at Parkview Drive (west end of the
property) and Fairhaven Drive should be used only for emergency
purposes only. Proper signs should be posted and the driveway should
be gated to prohibit other usage.
m. Delivery/trash pick-up trucks shall be allowed to enter/exit from Fred
Waring Drive and Parkview Drive. Access road shall accommodate
delivery/trash pick-up trucks.
1 1 . That the applicant shall provide a proper method of disposal of medical waste
for the retirement community facility.
12. That the restaurant in the retirement community facility not be open to the
general public. Said restaurant to be limited to full time residents of the project
and their guests.
Department of Public Works:
13. Drainage fees, in accordance with Palm Desert Municipal Code Section 26.49
and Ordinance No. 653, shall be paid prior to issuance of any permits
associated with this project.
14. Drainage facilities shall be provided in accordance with Section 26.49 of the
Palm Desert Municipal Code and the Master Drainage Plan. Drainage facility
construction required for this project shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
5
CITY COUNCIL RESOLUTION NO. 99-117
15. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55 shall be paid prior to issuance of any permits associated with this
project.
16. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be a t the time of building permit issuance.
17. A complete preliminary soils investigation, conducted by a registered soils
engineer, shall be submitted to, and approved by, the Department of Public
Works prior to the issuance of a grading permit.
18. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
19. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
20. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for checking
and approval before construction of any improvements is commenced. Offsite
improvement plans to be approved by the Public Works Department and a
surety posted to guarantee the installation of required offsite improvements
prior to permit issuance.
21 . All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to issuance of any
permits associated with this project.
22. Landscape installation on the property frontages shall be water efficient in
nature and maintenance shall be provided by the property owner.
23. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20 Stormwater Management and
Discharge Control.
24. The location and permitted movements of all project entry points shall be
subject to the review and approval of the Director of Public Works and shall
include right turn only ingress/egress for the Fred Waring Drive access points
and full access for the Parkview Drive access points. The proposed Fairhaven
Drive access points shall be limited to emergency use only.
6
CITY COUNCIL RESOLUTION NO. 99-117
25. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits. In addition to all standard engineering design parameters, the plan shall
address appropriate circulation related issues.
26. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
27. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map
application for lot line adjustment.
28. As required under the Palm Desert Code, all existing overhead utilities shall be
converted to underground in accordance with the respective utility company
recommendation.
29. Prior to start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002)
for storm water discharges associated with construction activity.
30. All traffic impact mitigation measures identified in the project Traffic Impact
Study prepared by Robert Bein, William Frost and Associates and approved by
the city shall be considered conditions of approval for the project.
Riverside County Fire Department:
31 . With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
UFC, and UBC and/or recognized fire protection standards.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per California Fire Code Sec. 10.301 C.
32. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating
pressure must be available before any combustible materials are placed on the
job site.
7
CITY COUNCIL RESOLUTION NO. 99-117
33. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of 3000 gpm. The actual fire flow available from any
one hydrant connected to any given water main shall be 1500 gpm for two
hours duration at 20 PSI residual operating pressure.
34. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-
1/2" x 2-1/2"), located not less than 25' nor more than 150 from any portion
of the building(s) as measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shall be of the "wet barrel" type.
35. Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the required fire
flow, or arrange field inspection by the Fire Department prior to request for final
inspection.
36. Install a complete fire sprinkler system per NFPA 13. The post indicator valve
and fire department connection shall be located to the front, not less than 25
from the building and within 50 of an approved hydrant. This applies to all
buildings with 3000 square feet or more building area as measured by the
building footprint, including overhangs which are sprinklered per NFPA 13. The
building area of additional floors is added in for a cumulative total. Exempted
are one and two family dwellings.
37. Install a fire alarm (water flow) as required by the Uniform Building Code 3803
for sprinkler system. Install tamper alarms on all supply and control valves for
sprinkler systems.
38. Certain designated areas will be required to be maintained as fire lanes and shall
be clearly marked by painting and or signs approved by the Fire Marshal.
39. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire
Code. Minimum requirement is UL central station monitoring of sprinkler system
per NFPA 71 and 72. Alarm plans are required for all UL central station
monitored systems, systems where any interior devices are required or used.
(U.F.C. 14-103(a))
40. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A10BC in rating. Fire extinguishers must not be over 75 feet walking
distance. In addition to the above, a 40BC extinguisher is required for
commercial kitchens.
8
CITY COUNCIL RESOLUTION NO. 99-117
41 . Install a Hood/Duct automatic fire extinguishing system if operating a
commercial kitchen including, but not limited to, deep fryers, grills, charbroilers
or other appliances which produce grease laden vapors or smoke. NFPA 96,
17, 17a.
42. All buildings shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. Dead-end roads in
excess of 150' shall be provided with a minimum 45' radius turn-around (55'
in industrial developments). Fountains or garden islands placed in the middle of
these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards
may be more restrictive.
43. Whenever access into private property is controlled through use of gates,
barriers, guard houses or similar means, provision shall be made to facilitate
access by emergency vehicles in a manner approved by the Fire Department.
All controlled access devices that are power operated shall have a Knox Box
over-ride system capable of opening the gate when activated by a special key
located in emergency vehicles. All controlled access devices that are not power
operated shall also be approved by the Fire Department. Minimum opening
width shall be 16' with a minimum vertical clearance of 13'6".
44. This project may require licensing and/or review by State agencies. Applicant
should prepare a letter of intent detailing the proposed usage to facilitate case
review. Contact should be made with the Office of the State Fire Marshal (818-
960-6441 ) for an option and a classification of occupancy type. This
information and a copy of the letter of intent should be submitted to the Fire
Department so that property requirements may be specified during the review
process. Typically this applies to educational, day care, institutional, health
care, etc.
45. Commercial buildings shall have illuminated addresses of a size approved by the
city.
46. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately for approval prior to construction. Subcontractors
should contact the Fire Marshal's office for submittal requirements.
47. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
48. Fire sprinkler system must include Class I standpipes per UFC and UBC.
9
CITY COUNCIL RESOLUTION NO. 99-117
49. Must have 20 foot emergency fire lane around all buildings.
Special Condition:
1 . That the list of "Special Conditions" presented to the Planning commission by
area residents and accepted by the applicant as modified by staff, consistent
with Planning Commission direction, attached hereto as Exhibit "B" are hereby
imposed as conditions on this project.
10
CITY COUNCIL RESOLUTION NO. 99-117
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkvie Drive, 72-755 Parkview Drive.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a signficant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
11
CITY COUNCIL RESOLUTION NO. 99-i 17
EXHIBIT "B"
SPECIAL CONDITIONS
AS AGREED TO BETWEEN APPLICANT AND AREA RESIDENTS
OPERATING RESTRICTIONS
1. Delivery hours for the entire complex shall be limited to 7:00 a.m. to 6:00 p.m.
Monday through Saturday.
2. Landscape maintenance and refuse collection of any kind shall occur only between
8:00 a.m. to 5:00 p.m. Monday through Saturday.
3. The restaurant, gift shop and other various services and facilities on site shall not
be open to the general public. The restaurant shall provide an effective means of
odor control from cooking units satisfactory to the Director of Community
Development/Planning prior to issuance of a building permit.
LIGHTING RESTRICTIONS
4. There shall be no security or parking lot lighting mounted above the height of the
perimeter walls. Patio lighting shall be fully shielded. All security and parking lot
lighting shall not be visible from the northerly and easterly residential areas.
NOISE CONTROL RESTRICTIONS
5. All loading docks must be enclosed or accessed through underground parking
structure.
6. The applicant/operator shall post signs requiring all loading doors remain closed.
7. That all engines or delivery vehicles shall be shut off if a delivery, maintenance or
transport vehicle is parked more than five minutes. Post accordingly.
8. Prohibit all horn blowing, loud talking and radios for vendors and residents. Post
accordingly.
9. Prohibit the use of forklifts except within the loading area or underground parking
area.
12
CITY COUNCIL RESOLUTION NO. 99-117
10. Exiting exhausts and all other mechanical equipment must be located in or directly
adjacent to the main building structures.
11. Prohibit the parking of delivery trucks and trailers overnight. Post accordingly.
12. Require that all refrigeration equipment mounted on trucks or trailers be shut down
if not required for on-board contents, and in no event shall they remain on site for
longer than one hour.
13. All trash containers shall be placed only on the service road on the west side of the
facility with the only point of entrance being the north/west site entrance on
Parkview. All mechanical and hydraulic equipment involved with the on-site
handling of solid waste requires enclosure within an eight-foot wall.
14. That all on-site vehicles used for maintenance and transport of residents be CNG
electric, or other environmentally friendly powered vehicles which will serve to
reduce noise levels and have a positive environmental impact. Vehicles other than
CNG or electric shall be approved by the City's Environmental Conservation
Manager and Director of Community Development.
SITE DEVELOPMENT
15. Complete improvement plans and specifications shall be submitted to the Director
of Public Works and the Planning Director for checking approval before construction
begins. Any changes to the basic project as it relates to the items listed herein shall
be communicated and discussed with the impacted neighborhoods before approval
is given.
16. All electrical distribution, telephone, television cable and similar service wires shall
be installed underground.
17. The maximum height of the entire facility shall be limited to 25 feet above existing
curb face on Fairhaven Drive and Parkview, except for the Community Center
building, which shall not exceed 28 feet.
18. The building setback shall be 60 feet from existing curb on Fairhaven and 38 feet
on Parkview for the two-story structures with a height limitation of 15 feet (excluding
roof landscaping) and 120 feet from existing curb for the three-story structures with
a height limitation of 25 feet above curb height from both Fairhaven Drive and
Parkview except for the community facility building which shall not exceed 28 feet
above curb.
13
CITY COUNCIL RESOLUTION NO. 99-117
19. Property owner shall maintain perimeter and interior landscaping in a healthy and
living condition.
20. No roof-mounted equipment of any kind shall exceed the maximum height of the
complex at 25 feet for the three-story portion 28 feet for the Community Center
building or 15 feet for the second story. No equipment of any kind will be located
on the roof of any structure within 120 feet of the Fairhaven Drive and Parkview
existing curb location.
21. All mechanical equipment, trash containers, compactors and electrical equipment
of any kind shall be located inside the building, and there shall be no grills, louvers
or other openings on the north or east sides of the complex. The interior areas shall
be thoroughly sound insulated.
22. That the perimeter service road shall have speed bumps installed at 100 - 150 foot
intervals.
23. That all entrances, main, service and emergency be approved by all necessary
agencies, especially the City Fire Marshal, to ensure that Fairhaven Drive would not
be considered as an entry to the facility other than for emergency purposes.
LANDSCAPING
24. That for the subject property located on both Fairhaven Drive and Parkview, a four-
foot berm and a four-foot masonry wall on top of said berm be constructed along
with immediate planting of dense landscaping to effectively shield the complex from
exterior line of sight.
25. That the applicant shall make final landscape plans available to neighborhood
representatives for review and comment prior to the plans being presented to the
Architectural Review Commission for final approval.
26. That the applicant shall cooperate fully with the community for any future vacation
of a section of Fairhaven Drive from San Juan Drive to the site property line and
installation of cul-de-sacs at Arboleda and San Juan, subject to approval of all other
affected agencies, i.e., Fire Department.
Should the street vacation occur, the applicant shall be responsible for its share of
costs in improvement and maintenance of vacated area.
14
CITY COUNCIL RESOLUTION NO. 99-117
Should Fairhaven Drive be vacated during the design or construction of this project,
applicant agrees to pay its share of demolition, construction and other costs.
27. That the applicant/operator agrees to work with any neighborhood advisory
committee that may be established to work with the developer and the Planning
Department to solve site development and operating problems as they occur.
28. That any substantive changes to the agreed upon conditions of approval must be
properly noticed and a public hearing conducted to consider said changes.
29. That any tile roof sections shall be consistent with tile used in the neighborhood to
the satisfaction of the Architectural Review Commission.
30. That the applicant/developer shall install temporary "No Parking" signs on the south
side of Parkview Drive and remove same at construction completion. All
construction vehicles shall park on subject site only; no construction parking
permitted on Parkview or other area streets.
31 . That the applicant/developer shall provide effective dirt/dust/waste control during
construction.
32. That in order to mitigate possible aesthetic concerns and property value impacts,
the applicant has agreed to acquire or facilitate improvement of two properties in
the Palm Dell Estates areas (the area bounded by Parkview, Fred Waring, Monterey
and Fairhaven Drive) for remodel and upgrading. First property to be acquired and
remodeled prior to the applicant obtaining a Certificate of Occupancy for the 100th
unit in the project. Second property to be acquired and remodeled prior to the
applicant obtaining a Certificate of Occupancy for the 200th unit in the project. The
applicant may request a waiver or modification of this condition upon a good faith
showing that a bona fide offer(s), based on appraised values, have unsuccessfully
been made for properties within the area defined.
Applicant agrees that remodel and upgrading of said properties will include, but not
be limited to, expansion of said dwellings by at least 50% of its present size or a
minimum unit size of 2,200 square feet, and expenditure of at least $75,000 per
dwelling exclusive of acquisition costs.
15
70/
December 9, 1999
Presentation to the Palm Desert
Thank you for the opportunity t tries' '
Paseo Village Project. As I ha'
homeowners in Rancho Mirag= rectly
across the street from the prop. ng to
and considering our concerns, : :nning
Commission meeting stated t . I
know too that you have receiv irage
opposing this project due to its massiveness.
We in the community are not opposed to senior housing, we have just been
opposed to many of the parameters presented here. Our preference for this
parcel would be single family homes with densities of 2 to 4 per acre which
would be in line with the homes in the Palm Dell Estates, the Ridgeview
Estates, and The Estates at Rancho Mirage. However the owner/developer
has stated that single family homes are not an option. We would graciously
accept life-estate senior apartments as long as the development blends with
the neighborhood and could be viewed as transitional from the existing
residential community to the commercialism on Fred Waring Drive. We just
don't think this project does that.
Unfortunately, even with the modifications made by the developer and the
special conditions noted as Exhibit B in the staff report, we still feel that the
massiveness of the proposed structure and the commercial nature of the
project is incompatible with the neighborhood. The buildings are just too
large. I have proposed a possible alternative to the developers to open the
hallways on the second floor between buildings as this would go a long ways
to alleviate the massive look of the structures. We also believe that the
massive look could be alleviated by elimination of the third floor. Perhaps
this too would alleviate some of the commercialism of the project by
deleting some of the plans for the community center.
I understand that One Quail Place is the highest density project in Palm
Desert at 22 per acre. The proposed project is even higher, at 24.3 per acre.
And they would be side-by-side! Earlier this year, a 16 per acre senior
...............
CITY Of lull DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92 260-2 5 7 8
•_�„ !I� _ TEL: 760 346-0611
FAX: 760 340-0574
�97 info@palm-deserr.org
December 13, 1999
Pearl Industries, Inc.
c/o Charlie Sweet
43-708 Virginia Avenue
Palm Desert, California 92211
Dear Mr. Sweet:
Re: Request for Approval of a General Amendment to Add Senior Overlay,
Approval of a Change of Zone from PR-7 to PR-7 S.O., Precise Plan of
Design/Conditional Use Permit, Development Agreement and a Negative
Declaration of Environmental Impact as it Relates to a Proposed 250 Unit
Continuing Care Retirement Community and a Community Center Building
on 10.3 acres on the West Side of Fairhaven Drive south of Parkview Drive at
72-755 Parkview Drive (Case Nos. GPA 99-3, C/Z 99-2, PP/CUP 99-7 and
DA 99-3
At its regular meeting of December 9, 1999, the Palm Desert City Council considered the subject
request and took the following action:
1) Waived further reading and passed Ordinance No. 931 to second reading,
approving C/Z 99-2; 2) waived further reading and passed Ordinance No. 932 to
second reading, approving DA 99-3; 3) continued to the meeting of January 13,
2000, Resolution Nos. 99-116 and 99-117 to incorporate the additional
appropriate items identified by the Nancy Singer submittal; neighbors to work
with Applicant for resolving minor wording modifications in the 32 existing
conditions; determine the responsibilities for construction and long-term
maintenance of Fairhaven Drive.
Enclosed is a copy of the staff report with the City Council action stamp affixed thereto.
..
��t MOM.RHIQ[U PAPER
Mr. Charlie Sweet
December 13, 1999
Page 2
If you have any questions or require any additional information, please do not hesitate to contact
us.
Sincerely,
RACHELLE D. KLASSEN
ACTING CITY CLERK
RDK:nb
Enclosure (as noted)
cc: Pearl Industries, Inc., 66 Alviso Drive, Camarillo, California 93010
Community Development Department
CITY OF PRIM OESERT
COI PRIRREO OR RUVELAO PAPER