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HomeMy WebLinkAboutRes No. 2915 Sanin Bldg Amend No. 1PLANNING COMMISSION RESOLUTION NO. 2915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING AN AMENDMENT TO A PRECISE PLAN FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT LOCATED AT 74330 ALESSANDRO DRIVE (APN 625-091-008) CASE NO. AMEND-PP20-0006-1 (PP 20-0006 AMENDMENT 1) WHEREAS, Prest Vuksic Greenwood (PVG) Architects (“Applicant”), submitted a Precise Plan Amendment for approval to convert an existing two-story office building into a mixed-use building, including a garage addition and added square footage to the second floor located at 74330 Alessandro Drive; and WHEREAS, the Project site is currently within the Downtown Edge Transition Overlay (D.E.-O) zoning district, and is designated as Downtown by the Palm Desert General Plan; and WHEREAS, the proposed Project conforms to the General Plan land use designation for Downtown and the development standards listed in the City’s Zoning Ordinance for the D.E.-O zoning district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the proposed amendment to the Precise Plan involves converting two previously approved second-floor office suites into live/work residential units and adding a small external elevator, and these minor changes are consistent with the existing mixed-use character of the zone, do not expand the previously approved building footprint, and therefore qualify for a Class 3 Categorical Exemption under CEQA (CEQA Guidelines §15303); and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 10th day of February 2026, provide Design Review approval of said Project amendment; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of March 2026, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project amendment 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:          PLANNING COMMISSION RESOLUTION NO. 2915 2 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. Under Palm Desert Municipal Code Section 25.72.030(E), the findings for the PP20-0006 Amendment are the following: 1. The proposed location of the Precise Plan is in accord with the objectives of this title and the purpose of the district in which the site is located. Project Compliance: Yes. The purpose and intent of the Downtown Edge Transition Overlay (DE-O) zoning district is to facilitate appropriate scale transitions between the high-intensity, mixed-use Downtown core and adjacent single-family neighborhoods. The proposed mixed-use Project presents a compatible transition between these distinct land use areas. The proposed location of the Project complies with the objectives of the Zoning Ordinance and the purpose of the DE-O zoning district. 2. The proposed location of the Precise Plan 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. Project Compliance: Yes. The Project has been reviewed in accordance with all applicable requirements of the Zoning Ordinance, as well as engineering, building, fire safety, and utility regulations, to ensure compliance with all relevant safety and usability standards. The Project was found to not be detrimental to the health, safety, or welfare of the public, nor will it be materially injurious to the properties in the vicinity. The Project provides setbacks from adjacent properties that meet the standards of the DE-O zoning district. 3. The proposed Precise Plan will comply with each of the applicable provisions of this title, except for approved variances or adjustments. Project Compliance: Yes. The proposed development conforms with all applicable standards of the Palm Desert Municipal Code, including all standards of the DE-O zoning designation. No variances or adjustments are proposed for this development. The Project conforms with all development standards, including building height, setbacks, and parking. 4. The proposed Precise Plan complies with the goals, objectives, and policies of the City’s General Plan Project Compliance: Yes. The proposed use complies and is consistent with the site’s Downtown land use designation as outlined by the Palm Desert General Plan. The Project aligns with these objectives by serving as a buffer between the high-intensity Downtown core and the adjacent lower intensity residential neighborhoods. The Project provides a diverse housing type and integrates well with the existing neighborhood character. The Project meets objective design standards and incorporates drought-tolerant landscaping throughout the site,          PLANNING COMMISSION RESOLUTION NO. 2915 3 enhancing sustainability and reducing water consumption in accordance with the City’s planning and environmental goals. SECTION 3. CEQA. The Planning Commission finds that the project complies with the 2025 California Environmental Quality Act (CEQA) Statute and Guidelines and qualifies for the Class 3 Categorical Exemption (New Construction or Conversion of Small Structures) pursuant to Section 15303 of the State CEQA Guidelines. The proposed amendment to PP20-0006 qualifies for a Class 3 Categorical Exemption under CEQA (CEQA Guidelines §15303), which applies to the construction or conversion of small structures. The amendment involves converting two previously approved second-floor office suites into live/work residential units and adding a small external elevator. These changes are minor in scale, do not expand the building footprint beyond what was previously approved, and are consistent with the existing mixed-use character of the zone. Therefore, the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 of the State CEQA Guidelines. SECTION 4. Project Approval. The Planning Commission hereby approves AMEND- PP20-0006-1 (PP 20-0006, Amendment 1). SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Rosie Lua, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Case No. AMEND-PP20- 0006-1 pursuant to the conditions of approval in Exhibit A. ADOPTED ON March 3, 2026. LINDSAY HOLT CHAIRPERSON          PLANNING COMMISSION RESOLUTION NO. 2915 4 ATTEST: ROSIE LUA SECRETARY I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2915 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on March 3, 2026, by the following vote: AYES: COLLUM, HOLT, MEYERHOFF, NICKERSON NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: GREENWOOD IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March _30_, 2026. ROSIE LUA SECRETARY          PLANNING COMMISSION RESOLUTION NO. 2915 5 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. AMEND-PP20-0006-1 PLANNING DIVISION: 1. The development of the property shall conform substantially with the approved plans and exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to building permit issuance and may require review and approval by the ARC, Planning Commission, and/or City Council. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. 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 in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the Palm Desert Municipal Code (PDMC), and state and federal statutes now in force, or which hereafter may be in force. 4. The Precise Plan (PP) Amendment shall expire if construction of the said Project shall not commence within twenty-four (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. 5. 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          PLANNING COMMISSION RESOLUTION NO. 2915 6 application, which may require review and approval by the ARC, Planning Commission, and/or City Council. 6. 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. 7. 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) Riverside County Fire Department City of Palm Desert Building & Safety Division City of Palm Desert Land Development Division City of Palm Desert Planning Division City of Palm Desert Public Works Department 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. 8. The Project is subject to the requirements of the PDMC Chapter 4.10 – Art in Public Places. 9. A copy of the Conditions of Approval contained in this Resolution, as well as the Conditions of Approval adopted under Planning Commission Resolution No. 2791, shall be included in the construction documentation package for the Project and shall be maintained on-site at all times during construction. 10. All permanent and temporary exterior signage shall comply with PDMC Chapter 25.56. 11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. 12. Prior to the building permit issuance, the Applicant shall submit a landscape construction application for approval by the Development Services Department and Coachella Valley Water District. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a minimum 24- inch box in size.          PLANNING COMMISSION RESOLUTION NO. 2915 7 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. 13. 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. 14. Prior to issuance of building and landscaping permits, the applicant shall provide documentation demonstrating that all exterior lighting fixtures are consistent with the specifications attached in the Staff Report or are equivalent in design, finish, illumination level, and performance. Any proposed alternatives must be reviewed and approved by City of Palm Desert Planning staff or the Director of Development Services. 15. Shade trees providing visual screening of the Project from the street frontage shall be preserved and maintained in healthy condition. These trees shall be regularly inspected and pruned as needed to ensure continued effectiveness as a landscape buffer. Any tree that becomes diseased, damaged, or removed shall be promptly replaced with a comparable species, subject to review and approval by the City of Palm Desert. 16. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall submit written certification to the Public Works Department and/or Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. 17. All ground-mounted utility structures including, but not limited to transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened using landscaping and/or permanent screening devices. 18. The garage parking spaces provided on site shall be designated and reserved exclusively for use by the residential tenants of the project. No commercial, or non- residential use of these spaces is permitted. Signage indicating “Residential Tenant Parking Only” shall be installed and maintained. 19. Trash bins shall remain fully screened from public view in accordance with the approved site plan. All associated landscaping shall be maintained in a healthy condition, with any damaged or dead material promptly repaired or replaced. Trash enclosure placement and access shall allow for efficient waste collection without encroaching into public rights-of-way or obstructing pedestrian circulation. 20. Prior to final approval, the Applicant shall coordinate with Burrtec Waste to ensure the trash bin(s) location, access, and design meet Burrtec’s operational requirements for waste collection. Documentation of Burrtec’s review and acceptance shall be submitted to the Development Services Department.          PLANNING COMMISSION RESOLUTION NO. 2915 8 21. Trash collection for the Project shall comply with California Senate Bill 1383 (SB 1383) requirements for organic waste diversion. A three-bin system (landfill, recycling, and organics) shall be provided for residents, clearly labeled, accessible, and separate from commercial trash bins. The design, location, and operational plan for the trash enclosure shall be reviewed and approved by Burrtec Waste Management. 22. The applicant shall ensure that all trash, recycling, and related refuse is stored and managed in a manner that prevents clutter, obstruction, or nuisance to the surrounding properties and public rights-of-way. In the event that the accumulation or placement of trash results in multiple documented complaints to the City, the applicant shall, at their expense, modify the site as necessary to provide a compliant trash enclosure that meets City standards. The Development Services Director or their designee shall have the authority to determine the adequacy, timing, and design of any required modifications to ensure compliance with City codes and the intent of this condition. 23. All ADA-compliant public improvements, including sidewalks, driveways, and parking areas, shall be maintained in a safe and accessible condition. The Applicant or property successor shall ensure that accessible routes remain unobstructed, surfaces are free of hazards, and all signage, striping, and accessibility features are kept in good working order. Any damage or deterioration shall be promptly repaired to maintain compliance with ADA Standards for Accessible Design, applicable California Building Codes, and City of Palm Desert requirements. 24. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings. 25. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 26. Future modifications to site walls or fences shall require approval by the Director of Development Services. The use of barbed wires, razor wire, and spiked pickets for fencing is prohibited. 27. The Applicant shall execute a written acknowledgment, submitted to the Planning Division, confirming acceptance of and agreement to comply with all Conditions of Approval contained in Resolution No. 2915. No modifications to the approved plans shall be made without prior written approval from the appropriate decision-making authority. 28. Failure to comply with any of these conditions or the conditions of Planning Commission Resolution No. 2896 will result in the revocation of this permit subject to PDMC 25.60.120. BUILDING DIVISION 29. Prior to issuance of any permits, the applicant shall submit formal plans for Building Division review and approval. Conceptual approval is granted based on preliminary code analysis and prior discussions; however, full compliance with all applicable Building          PLANNING COMMISSION RESOLUTION NO. 2915 9 Codes shall be demonstrated through the formal plan review process. subject to PDMC 25.60.120. LAND DEVELOPMENT DIVISION 30. Proper BMPs to be in place prior to discharging to public right-of-way. RIVERSIDE COUNTY FIRE DEPARTMANT 31. 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. Will Serve Letters from the responsible water purveyor are required prior to a map recordation. 32. 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. 33. Fire Department Access – Fire apparatus access roads shall be provided 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 no less than 24 feet. Dead- end fire apparatus access roads exceeding 150 feet in length shall provide an approved turn around. The minimum required turning radius of a fire apparatus access road is 45 feet outside radius and 24 feet inside 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, Palm Desert City Ordinance, and Riverside County Fire Department Policies and Standards. 34. Fire Lane marking – Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards. 35. 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 the California Fire Code, California Building Code (CBC), and related codes/standards          PLANNING COMMISSION RESOLUTION NO. 2915 10 adopted at the time of construction plan submittal. Reference CFC as amended. 36. Fire Sprinkler System – All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended. 37. 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. 38. 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 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. PLANNING COMMISSION 39. The elevator and its electronic systems shall function properly and be maintained in a usable and workable condition, and that permanent maintenance of the elevator shall be provided for the project. END OF CONDITIONS OF APPROVAL