HomeMy WebLinkAbout2019-02-19 PC Regular Meeting Agenda Packet CITY OF PALM DESERT
REGULAR PALM DESERT PLANNING COMMISSION MEETING
AGENDA
TUESDAY, FEBRUARY 19, 2019 — 6:00 P.M.
CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. SUMMARY OF CITY COUNCIL ACTION
V. ORAL COMMUNICATIONS
Any person wishing to discuss any item not scheduled for public hearing may address
the Planning Commission at this point by stepping to the lectern and giving his/her
name and address for the record. Remarks shall be limited to a maximum of three
minutes unless additional time is authorized by the Planning Commission. Because
the Brown Act does not allow the Planning Commission to take action on items not on
the Agenda, Commissioners will not enter into discussion with speakers but may
briefly respond or instead refer the matter to staff for report and recommendation at a
future Planning Commission meeting.
Reports and documents relating to each of the following items listed on the
agenda, including those received following posting/distribution, are on file in
the Office of the Department of Community Development and are available for
public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00
p.m., 73-510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-
0611, Extension 484.
VI. CONSENT CALENDAR
ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE
ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE
PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE
REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER OF THE
AGENDA.
AGENDA
REGULAR PLANNING COMMISSION MEETING FEBRUARY 19, 2019
A. MINUTES of the Regular Planning Commission meeting of February 5, 2019.
Rec: Approve as presented.
Action:
VII. CONSENT ITEMS HELD OVER
VIII. NEW BUSINESS
None
IX. CONTINUED BUSINESS
None
X. PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to raising only
those issues he or she raised at the public hearing described herein, or in written
correspondence delivered to the Planning Commission at, or prior to, the public
hearing. Remarks shall be limited to a maximum of three minutes unless additional
time is authorized by the Planning Commission.
A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto
Desert to expand its car dealership outdoors and display up to 10 automobiles
within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit
Al, and adoption of a Notice of Exemption in accordance with the California
Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert,
California, Applicant).
Rec: By Minute Motion, continue Case No. CUP 17-111 to March 5, 2019.
Action:
B. REQUEST FOR CONSIDERATION of a Precise Plan and Conditional Use Permit
application to construct two single-story industrial buildings, totaling 26,666 square
feet with up to 4,000 square feet of ancillary retail and 2,666 square feet of ancillary
restaurant uses on a vacant 2.24-acre parcel at the southwest corner of Sego Lane
and Green Way; and adoption of a Notice of Exemption in accordance with the
California Environmental Quality Act. Case Nos. PP 18-0007/CUP 19-0003 (Jim
Krick, Fort Worth, Texas, Applicant).
Rec: Waive further reading and adopt Planning Commission Resolution No.
2751, approving Case Nos. PP 18-0007/CUP 19-0003, subject to the
conditions of approval.
Action:
2
AGENDA
REGULAR PLANNING COMMISSION MEETING FEBRUARY 19, 2019
C. REQUEST FOR CONSIDERATION of a Conditional Use Permit application to
increase the number of residents in an existing residential care facility for the elderly
to 10 residents within an existing 4,477-square-foot single-family residence at 44-645
San Onofre Avenue, and adoption of a Notice of Exemption in accordance with the
California Environmental Quality Act. Case No. CUP 18-0008 (Yolanda Alkawass,
Apple Valley, California, Applicant).
Rec: Waive further reading and adopt Planning Commission Resolution No.
2752, approving Case No. CUP 18-0008, subject to the conditions of
approval.
Action:
XI. MISCELLANEOUS
None
XII. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
B. PARKS & RECREATION
XIII. COMMENTS
XIV. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not
less than 72 hours prior to the meeting. Dated this 15th day of February 2019.
Monica O'Reilly, Recording S tary
3
CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
PRELIMINARY MINUTES
TUESDAY, FEBRUARY 5, 2019 — 6:00 P.M.
COUNCIL CHAMBER
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER
Chair Ron Gregory called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present:
Commissioner Joseph Pradetto arrived at 6:07 p.m.
Commissioner John Greenwood
Commissioner Nancy DeLuna u,iij
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Chair Ron Gregory p j�r�, ��ii�l4!iIii,q !�a
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Absent:
Vice-Chair Lindsay Holt
Staff Present: i 0,11
Jill Tremblay, Assistant City Attorney
Ryan Stendell, Director of Community Development
Eric Ceja, Principal Planner
Kevin Swartz, Associate Planner
Nick Melloni, Assistant Planner
Monica O'Reilly, Management Specialist II
III. PLEDGE OF ALLEGIANCE
Commissioner John Greenwood led the Pledge of Allegiance.
IV. SUMMARY OF COUNCIL ACTION
Director of Community Development Ryan Stendell provided the Planning Commission
with a copy of the City Council's goals for 2019.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
V. ORAL COMMUNICATIONS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular Planning Commission meeting of January 15, 2019.
Rec: Approve as presented.
Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and
a 3-0 vote of the Planning Commission (AYES: DeLuna, Greenwood, and Gregory; NOES:
None; ABSENT: Holt and Pradetto), the Consent Calendar was approved as presented
li
VII. CONSENT ITEMS HELD OVER
None � !
V I I I. NEW BUSINESSIlllul
None
Zvi
IX. CONTINUED BUSINESS ' 3I� (�'�� ;l r3iy "4q�g111111
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X. PUBLIC HEARINGS ,���� s
A. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit for AT&T
Mobility to install a three-sector wireless facility on the rooftop of The Vault at
BIGHORN Golf Club located at 182 Metate Place, and adoption of a Notice of
Exemption in accordance with the California Environmental Quality Act. Case No.
CUP 18-0004 (AT&T Mobility, Tustin, California, Applicant).
Associate Planner Kevin Swartz presented the staff report (staff report(s) are available at
www.cityofpalmdesert.org). Staff mailed a public hearing notice to nearby residents and
did not receive any comments. He noted that BIGHORN Golf Club (BIGHORN)
homeowners' association approved the wireless facility.
Commissioner Greenwood referred to the applicant's three options. He asked if the
applicant has selected an option.
Mr. Swartz replied no and displayed the elevations on the screen.
Chair Gregory declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
MS. MELISSA FRANCISCO, Representative for AT&T, Tustin, California, offered to
answer any questions.
2
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
With no testimony offered, Chair Gregory declared the public hearing closed.
Commissioner Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2747, approving Case No. CUP 18-0004, subject to the
conditions of approval. The motion was seconded by Commissioner DeLuna and carried by
a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT:
Holt).
B. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit for AT&T
Mobility to install a two-sector wireless facility on the rooftop of The Steakhouse at
BIGHORN Golf Club located on the Canyons side at 312 Canyon Drive, and adoption
of a Notice of Exemption in accordance with the California Environmental Quality Act.
Case No. CUP 18-0006 (AT&T Mobility, Tustin, California, Applicant).
Mr. Swartz stated that the wireless facility is similar to the previous application and
presented the staff report. He said that the wireless facility is only visible by residents that
live in BIGHORN. He recommended approval and offered to answer any questions.
Commissioner Nancy DeLuna clarified that tower service is only for the residents of
BIGHORN.
Mr. Swartz replied that the service is primarily for BIGHORN residents.
Chair Gregory declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
MS. FRANCISCO pointed to the coverage map and said wireless service would cover
mostly BIGHORN residents and some of the Highway 74 area.
With no further testimony offered, Chair Gregory declared the public hearing closed.
Commissioner Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2748, approving Case No. CUP 18-0006, subject to the
conditions of approval. The motion was seconded by Commissioner DeLuna and carried by
a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT:
Holt).
C. REQUEST FOR CONSIDERATION for approval of Tentative Parcel Map 37611 to
subdivide a 1.64-acre parcel into three separate parcels for the future development of
a retail commercial center at the southwest corner of Washington Street and Avenue
of the States, and adoption of a Notice of Exemption in accordance with the California
Environmental Quality Act. Case No. TPM 37611/18-0005 (Lumar Devco, LLC
Newport Beach, California, Applicant).
Assistant Planner Nick Melloni outlined the salient points from the staff report. He stated
the Planning Commission approved a Precise Plan (PO) and a Conditional Use Permit
(CUP) for a retail center on the property on November 20, 2018. He conveyed that the
request is only to subdivide the parcels and there are no changes to the property. Staff
mailed a hearing notice to neighbors within 300 feet; there were no comments favoring or
3
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
opposing this matter. Mr. Melloni stated there are two memorandums dated January 31,
2019, from Planning and Public Works staff, which contains revised conditions of
approval. If the Commission moved to approve Tentative Parcel Map 37611 (TPM 37611),
staff recommended the Commission include in their motion to revise the Public Works
conditions in Planning Commission Resolution No. 2749, as contained in the
memorandum. Staff also recommended that the Commission clarify that Condition of
Approval No. 7 in Resolution No. 2749 referencing all conditions of Resolution No. 2744
shall remain in effect and carried over to TPM 37611.
Commissioner DeLuna commented that in November they discussed odor mitigations due
to Pad C being adjacent to a housing community, and noted that she is still concerned.
She inquired if there is any indication about the restaurant type or user. She also inquired
if they addressed odor 41111111111
Mr. Melloni replied no. He stated that in the original CUP approved in November, the
Planning Commission added a condition directing the applicant/tenant to implement odor
mitigation measures deemed sufficient to City staff.
Commissioner Greenwood inquired if the TPM requires a type of reciprocal parking
agreement.
Mr. Melloni answered yes.
Commissioner Greenwood asked if there is a condition stipulating the reciprocal parking
agreement.
Mr. Melloni replied yes. It is currently Condition of Approval No. 6.
Chair Gregory declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
MR. DAVE GARRISON, Representative for Lumar Devco, LLC, Newport Beach,
California, said they have not made drastic changes and agreed to all of the conditions.
They look forward to doing business in the City of Palm Desert.
Commissioner DeLuna asked Mr. Garrison to address odor mitigations for Pad C.
MR. GARRISON responded that they would mitigate odors based on the actual use.
With no further testimony offered, Chair Gregory declared the public hearing closed.
Commissioner Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2749, approving Case No. TPM 37611/18-0005, amend the
Public Works Department conditions of approval contained in the memorandum dated
January 31, 2018, and all conditions of approval from Resolution 2744 shall remain in effect
and carried over to TPM 37611. The motion was seconded by Commissioner Pradetto and
carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None;
ABSENT: Holt).
4
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
D. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert
to expand its car dealership outdoors and display up to 10 automobiles within its
shared parking lot for sale purposes located at 74-990 Joni Drive, Unit Al, and
adoption of a Notice of Exemption in accordance with the California Environmental
Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant).
Mr. Swartz reviewed the staff report. He mentioned that the Planning Commission
received a copy of the applicant's proposal prior to the meeting. He displayed an aerial
view of the site and pointed to areas that City staff and the Fire Department have concerns
with the fire lane access. Staff mailed a public hearing notice and staff received letters in
opposition to the CUP. He noted that the Commission received a copy of the letters. He
also spoke to numerous individuals who were confused. They thought the City was
recommending 10 spaces within the street, which is not staff's recommendation. He
explained that a CUP would allow staff the necessary authority to have the applicant
conform to the conditions of approval. If the applicant fails to comply with the conditions,
the City could issue administrative fines, a notice to appear in court, or revoke the CUP.
He mentioned that the Fire Department is in the process of installing signs indicating the
fire lanes and no allowed parking.
Commissioner Del-una commented that the Commission received 111 pages of code
compliance violations since 2015. There is a pattern that shows the applicant does not
obey the rules. She asked if there is any reason to believe the applicant is going to follow
the CUP conditions of approval.
Mr. Swartz believed the applicant would obey the conditions of approval. With a CUP, the
City could immediately issue a fine or revoke the CUP.
Commissioner Joseph Pradetto asked if the fire lane is 20 feet from the centerline
between the building or 20 feet from the edge of the buildings.
Mr. Swartz replied it is 20 feet between the buildings.
Commissioner Pradetto commented that with the cars parked behind the building there is
20 feet; however, it would not allow anybody associated in the second building to park
along their building.
Mr. Swartz replied that is correct.
Commissioner Pradetto pointed out that the applicant is dictating the 20 feet based on
how they park their cars.
Mr. Swartz replied that is correct.
Commissioner Pradetto inquired if the applicant is leasing Building 1 entirely.
Mr. Swartz replied that is correct.
5
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
Commissioner Pradetto asked if there is any harm parking a single row of cars behind
Building 1. He asked if adjacent business owners are complaining about the lack of
internal parking.
Mr. Swartz responded that a couple of business owners complained about the internal
parking and prefer the applicant move to a different location.
Commissioner Pradetto inquired if the business owners prefer the applicant move to a
different location due to personal or competitive issues.
Mr. Swartz answered that the issue with parking have been occurring over time and the
business owners in the area are fed up.
Chair Gregory asked what the distance between Building 1 and Building 2 is.
Mr. Swartz did not know the exact distance between both buildings. He believed the
distance is a little over 30 feet.
Chair Gregory asked if the Fire Department should be able to park between buildings.
Mr. Swartz replied yes.
Chair Gregory inquired if parking the cars for sale behind the building disrupts operations
for other businesses in the area.
Mr. Swartz communicated that there is welding business in Building 2 and they temporarily
park vehicles by their building. He indicated that the applicant's vehicles are parked and
stored overnight, which is the concern.
Commissioner Pradetto asked if there would be signage stating no 24-hour parking, or
one- or two-hour parking minimum.
Mr. Swartz was not sure on the exact wording for the signage. He said signage could be
"Fire Lane — No Parking Anytime."
Chair Gregory commented that he would like to signage stipulated so there is no question
about it. He stated that the goal is to make everything very clear.
Mr. Swartz said that City staff would work with the Fire Department to make sure signage
is clear.
Chair Gregory declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
MR. MARTIN DASZKAL, Palm Desert, California, noted he is present to assist the
applicant to communicate with the Planning Commission. He expressed that not allowing
the applicant to park vehicles behind the building would cause hardship. He stated that
part of the problem there is not a definitive detail for parking in a congested area. It would
help the applicant if he were able to park one row of cars behind the building. He
6
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
mentioned the distance between both buildings is closer to 40 or 50 feet. Mr. Daszkal
suggested limiting parking on Joni Drive to two-hour parking.
Commissioner DeLuna reiterated that there are 111 pages of code compliance violations
in three years and more if you look beyond the three years. If the Commission were to
approve any number of parking spaces, she asked the applicant how the Commission
would be assured he is going to adhere to the rules.
MR. DASZKAL said he could not comment. He restated that he is a friend trying to help
the applicant. He made clear that going from 28 parking spaces to 10 would be a financial
hardship for the applicant. He hoped there is a happy medium that would satisfy the
Planning Commission, the Fire Department, and the current business.
Commissioner Pradetto asked how long the applicant has been operating his business.
MR. SHLOMO TURJEMAN, Applicant, Palm Desert, California, responded he has been
operating his automobile business for five or six years.
Commissioner Pradetto asked the applicant what days are his busiest.
MR. TURJEMAN replied the weekends are the busiest. He mentioned he is losing
business because there is no parking for customers. He said limiting parking on the street
would help.
Commissioner Pradetto asked Mr. Turjeman how many cars he parks in front of the
business.
MR. TURJEMAN replied that he used to park a couple of cars, but does not park cars in
front anymore.
Commissioner Pradetto asked how many appointments Mr. Turkeman handles.
MR. TURJEMAN responded he has five to seven appointments a day.
Commissioner Pradetto asked how many walk-ins Mr. Turkeman handles.
MR. TURJEMAN he has more appointments than walk-ins.
Commissioner Pradetto asked how many cars are parked inside the building.
MR. TURJEMAN replied approximately 35 cars.
With 35 cars parked inside, Commissioner Pradetto asked the applicant if he needs 28
cars parked outside.
MR. TURJEMAN replied yes. He informed the Commission that he is trying to find the
right space to relocate his business.
7
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
If the Commission approves the CUP, Commissioner Pradetto explained that the CUP
goes with the land. Therefore, the Commission really needs to look out for the future and
all the businesses in the area.
Chair Gregory asked how the City determined the number of spaces for the applicant's
business.
Mr. Swartz replied that staff determined the number of parking spaces based on the
building size to accommodate customers and employees.
Chair Gregory asked how many cars are parked within the parking lot along Cook Street.
Mr. Swartz responded that staff is recommending allowing the applicant to have three
parking spaces fronting Cook Street.
Chair Gregory expressed that the business is busting out of its seams. He said if the City
agrees to only allowing 10 cars to be displayed, then it would be harmful to the applicant's
business. On the other hand, the applicant has to help clear up the street parking because
it does not help his business or other businesses in the area. Therefore, it is important to
find a balance.
Commissioner Pradetto commented that he does not feel it is fair to give all the street
parking to one building. He said all businesses might benefit if they are able to parallel
park along each building in a single row, and the Fire Department would have plenty of
space down the center.
In addition to the Fire Department's requirement of 20 feet between buildings, Mr. Swartz
noted that building exits could not be blocked.
From his experience, Chair Gregory understood the Fire Department's requirement is 24
feet. He hoped that the City is not creating a problem.
Mr. Swartz stated that staff spoke to the Fire Department and they reiterated that they
only need 20 feet.
Commissioner Pradetto asked how many tenants are able to occupy Building 1. He asked
if it depends on the number of tenants because the building could be divided into different
units.
Mr. Swartz responded that the building is currently divided into four units.
Commissioner Pradetto asked how the 10 parking spaces are divided if the applicant
decides to move to a more suitable space and the CUP goes with the building.
Principal Planner Eric Ceja believed that the CUP for the 10 parking spaces is specifically
for outdoor storage for vehicles for sale. It is correct that the CUP runs with the land.
However, if a new tenant leases the building and not selling vehicles more than the 10
spaces that are reserved for outdoor display would not apply, and would be reopened for
general parking.
8
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
MR. KEN FRANK (adjacent business owner), Palm Desert, California, said he works in
the building across from all the parked cars. He noted there are 20 units in the building
and not 19 units. He stated that many people working in the building would like to park in
the street, and objects to the applicant parking cars for sale on the street. He said other
employees and himself have to park two blocks away to find a parking space. Staff
assured him that granting a CUP would allow the City to issue a ticket, have the cars
moved, or towed. Additionally, he said with the for sale cars parked in the street, the street
sweeper cannot clean the street and noted there is signage.
Commissioner Pradetto asked Mr. Frank if he is referring to the internal parking along
Cook Street or external parking on Joni Drive.
MR. FRANK replied he was concerned with cars parked on Joni Drive.
MR. DASZKAL expressed parking is a major issue throughout the area. He stated that
there has to be a fair number of parking spaces to accommodate the applicant and
adjacent business owners. He suggested implementing two-hour parking or a definitive
where everyone has to park.
With no further testimony offered, Chair Gregory declared the public hearing closed.
Commissioner Pradetto commented that the 28 external parking spaces and the 35
internal spaces are too many. He felt that the applicant has outgrown the space; however,
he is glad the business is successful. He mentioned the applicant acknowledged he has
outgrown the space and is looking for a new location. He also mentioned that there seem
to be disagreements between the different tenants. He said there might be an opportunity
to have a discussion with the homeowners' association (HOA) and find out if there is
enough space along the centerline to allow for fire access and each building to have six
or seven parking spaces along the external side of the building. He preferred not to vote
on this matter and continue the item so that the Commission could see new exhibits of
different parking configurations. He would like to see if there could be seven parking
spaces in a single row, plus six parking spaces along the western boundary for a total of
13 spaces. Even though the recommendation is 10 parking spaces, more parking spaces
would be available along Cook Street. He would also like to see an exhibit with the fire
lane(s) and verify the amount of space needed by the Fire Department. He commented
that he does not want to base his decision on the applicant's business model if he decides
to relocate.
If the matter is continued, Commissioner DeLuna asked if there is any way to have
temporary restrictions so there is some self-abatement during the time of continuance.
Commissioner Greenwood added that he is not opposed to continuing this matter. He felt
verifying the fire lane is important. He asked if the Planning Commission has an option to
approve staff's recommendation and later amend the CUP.
Commissioner Pradetto asked if they are able to temporarily approve the recommendation
under CEQA and does staff need to re-notice the public hearing.
9
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
Mr. Stendell responded that a CUP could be amended. Therefore, the Commission has
the option to temporarily approve staff's recommendation and amend the CUP at a future
meeting or continue the item to a future meeting.
Commissioner Pradetto commented that 45 cars are too much. Unfortunately, he felt
space would not support that many cars in the future. He would like to see new exhibits
in two weeks. He hoped the applicant would be able to bring back a letter of
recommendation from the HOA that would benefit all of the business owners in the area.
Commissioner DeLuna liked the idea of approving 10 to 16 parking spaces tonight then
revisit the request. In the meantime, she would like to see some type of mitigation
measures so business owners could see that the City is being fair to all parties.
Commissioner Pradetto asked how much more of an effort to amend a CUP in two weeks.
Mr. Stendell responded that it is easier to leave the case open and continue the item than
approving the case and making an amendment.
Mr. Swartz interjected if the Commission chose to approve the item, then amend the CUP,
it would require a new public hearing, a re-notice, and redoing CEQA.
Commissioner Pradetto asked if the applicant is billed for the additional administrative
time.
Mr. Swartz replied yes, which is taken out of a trust deposit.
Chair Gregory commented he is concerned with the fire lane and the City needs to have
a definitive or an indication of the measurements before they vote. Therefore, he would
like to see a plan presented and continue this item to the next meeting. If the Commission
allows the applicant to park a row of cars behind the building, he would like to know how
the applicant is going to handle parking in front of the building. If the applicant does not
handle parking in front of the building very well, he said the Commission would have to
be very stringent and approve staff's initial recommendation. He communicated to the
applicant that there is a problem and this is an opportunity for him to help the City help
him and the neighbors.
Commissioner Greenwood moved to, by Minute Motion, continue this item to February
19, 2019. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote
(AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt).
XI. MISCELLANEOUS
None
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PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019
XII. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
Commissioner Greenwood reported that the Parks and Recreation Commission
discussed issues with dogs off leash at the Cahuilla Hills Park. The YMCA of the Desert
is preparing for camps, Youth and Government, and Y Rookies programs; and the Desert
Recreation District is preparing for the Senior Games. He mentioned that the Senior
Games pickleball tournament now qualifies for the nationals, held at the Indian Wells
tennis garden. He announced the Coachella Valley Wildflower Festival is on Saturday,
March 2 from 9:00 a.m. to 5:00 p.m. Lastly, there is a car auction at The Gardens on
Wednesday, February 6 at 10:00 a.m.
XIII. COMMENTS
XIV. ADJOURNMENT
With the Planning Commission concurrence, Chair Gregory adjourned the meeting at
7:11 p.m.
oil
RON GREGORY, CHAIR
ATTEST: Illh 1, Il �,G�' �.
RYAN STENDELL, SECRETARY
MONICA O'REILLY, RECORDING SECRETARY
11
PLANNING COMMISSION STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: February 19, 2019
PREPARED BY: Nick Melloni, Assistant Planner
REQUEST: Consideration of a Precise Plan and Conditional Use Permit application to
construct two single-story industrial buildings, totaling 26,666 square
feet with up to 4,000 square feet of ancillary retail and 2,666 square feet
of ancillary restaurant uses on a vacant 2.24-acre parcel at the
southwest corner of Sego Lane and Green Way; and adoption of a
Notice of Exemption in accordance with the California Environmental
Quality Act (CEQA).
Recommendation
Waive further reading and adopt Planning Commission Resolution No. 2751, approving
Precise Plan 18-0007 and Conditional Use Permit 19-0003, subject to the conditions of
approval; and adoption of a Notice of Exemption in accordance with CEQA.
Executive Summary
Approval of staff's recommendation will allow the development of a 26,666-square-foot business
park on a vacant 2.24-acre parcel fronting on Cook Street and Green Way. The proposed
business park consists of two single-story multi-tenant industrial buildings, 82 parking spaces
and associated landscaping. The Precise Plan (PP) application is bundled with a Conditional
Use Permit(CUP) application to allow ancillary retail and restaurant uses, in addition to permitted
general industrial uses; future retail and restaurant uses shall be limited to a maximum of 4,000
square feet and 2,666 square feet, respectively. The project conforms to the development
standards and use requirements, including height, land use compatibility, and parking.
Architecture Review Commission (ARC)
The ARC approved the building elevations at their meeting of November 13, 2018, subject to
minor design modifications incorporated into the exhibits included with this report.
Background
A. Property Description
The project site is a vacant 2.24-acre, L-shaped parcel located along the Cook Street
industrial corridor at the southwest corner of Sego Lane and Green Way. The site's
topography gently slopes from a maximum elevation of 184 feet at the eastern edge to
179 feet on the west. The site features full frontage improvements along Cook Street, and
February 19, 2019 — Planning Commission Staff Report
Case Nos. PP 18-0007/CUP 19-0003 — Russell Lane
Page 2 of 5
curb and gutter improvements along Green Way and Sego Lane. Green Way and Sego
Lane are private streets. Adjacent properties are built out with various light industrial and
retail land uses.
B. Zoning and General Plan Designation
Zone: Service Industrial (SI)
General Plan: Employment District
C. Adjacent Zoning and Land Use
North: Specialty Commercial (PC/Retail, Personal Service and Convenience
Mart
South: Service Industrial (SI)/Personal Storage Facility
East: Service Industrial (SI)/Various Industrial Land Uses
West: Service Industrial (SI)/Various Industrial Land Uses
Project Description
The project proposes a business park consisting of two multi-tenant industrial buildings
totaling 26,666 square feet, with associated site improvements. These site improvements
include 82 parking spaces, including 24 covered spaces, and landscaping. Landscaping will
be concentrated along the street-side edges of the project. The project includes a request
that 25% of the building area be useable as ancillary commercial, including retail and
restaurant. No outdoor storage is proposed.
A. Site Plan:
The site is designed as a traditional business park, generally consistent with neighboring
developments throughout the Cook Street industrial corridor. Building 1 is 10,984 square
feet with the primary frontages oriented towards Sego Lane. Building 2 is 15,680 square
feet with primary frontages oriented towards Cook Street. Parking is generally located
along street-side frontages along Cook Street and Sego Lane. The rear of each building
features industrial-style roll-up doors and are oriented away from public street frontages.
Landscaping is concentrated along the street frontages to screen parking and loading
areas.
Along Cook Street, the project will have a two- to three-foot decorative retaining wall
topped with a variation of a three-foot wrought iron fence or matching three-foot block wall
(total combined height of six feet from street-side grade) and set back 20 feet from the
face of curb. This retaining wall is necessary for grading and to accommodate the site
underground on-site drainage retention system. The area between the wall and the street
features a decorative finish, pilasters, and landscaping to soften the wall's aesthetic.
Trash enclosures for the project are located along the private street frontages and will be
treated to match the building, and will be further screened with additional landscaping.
February 19, 2019 — Planning Commission Staff Report
Case Nos. PP 18-0007/CUP 19-0003 — Russell Lane
Page 3 of 5
Additionally, all ground-mounted utilities (electrical cabinets, detector checks, etc.) will be
located away from the Cook Street frontages.
Access to the site is available via three driveways along Green Way and Sego Lane. Drive
aisles within the project range from 25 feet to 28 feet and six inches in width. The site plan
proposes additional reciprocal access points connecting the parking areas with
neighboring developments to the east and north. The access point at the northwest corner
of the project requires an access easement as well as minor removal of landscaping and
parking to the neighboring property, Cook Street Marketplace; the property owner has
provided a signed letter agreeing to the access point and site modification. These changes
will not result in landscape or parking requirement deficiencies for the property.
B. Building Description:
The buildings will utilize a concrete tilt-up construction. Building 1 will have a maximum
height of 22 feet and Building 2 will be 24 feet tall. Each building will be partitioned into
multiple tenant spaces. The primary building frontages will feature covered entryways.
Rear building elevations feature roll-up doors for each tenant space. The buildings feature
a minimum four-foot parapet to screen rooftop equipment. The roof access ladders are
fully enclosed within the electrical/service room. Service room entrances are oriented
away from the public right-of-way.
The design of the buildings is contemporary in nature. The exterior concrete will be
painted with various earth tones and shades of tan. The color changes coincide with a
change in building plane or horizontal score lines. Building 1 is characterized by rectilinear
forms and massing. The windows and entry glazing are recessed from the building
surface. Building 2 features elements of Spanish style architecture, including a partial clay
tile roof, arched covered entries, and features a decorative cornice element. ARC
approved the architecture, subject to minor design modifications.
Analysis
Development of new industrial buildings requires the approval of a PP application by the
Planning Commission in accordance with Section 25.72 of the Palm Desert Municipal Code
(PDMC). Based on the findings listed in Section 25.72.040 of the PDMC, staff recommends
approval. The project complies with the development standards for the SI zone.
The following table summarizes the project's conformance with the development standards:
STANDARD SIZONE PROJECT CONFORMS
Floor Area Ratio (FAR) 0.75 0.27 Yes
Height 40'-0" 24'-0" Yes
Front Setback 20'-0" 55'-8" Yes
February 19, 2019 — Planning Commission Staff Report
Case Nos. PP 18-0007/CUP 19-0003 — Russell Lane
Page 4 of 5
STANDARD SIZONE PROJECT CONFORMS
Rear Setback 10'-01, 28'-6" Yes
Interior Side Setback 0' 28'-0" min. Yes
Street Side Setback 10'-01, 28'-6" min. Yes
2 per 1,000 (industrial)
Parkin 3 per 1,000(retail) Yes
g p 8 per 1,000 (restaurant) 82 provided
72 required
Landscaping - 12.7% Yes
Section 25.16.040 (E) of the PDMC allows industrial projects, occupying a minimum of two
acres, to utilize up to 25 percent of their floor area as ancillary commercial uses, including
retail or restaurants, with the approval of a CUP. The CUP is to ensure land use compatibility
and adequate parking to serve the uses. Anticipated retail uses include specialty showrooms
for bulky items (tile, furniture, bicycles, etc.) similar to other retail shops found throughout the
SI zone in the surrounding area. The retail approved under this CUP will not include auto
dealers, which will require a separate CUP. The code restricts the ancillary restaurant floor
area to a maximum of 10 percent of the total project area. A condition explicitly limiting retail
to a maximum of 4,000 square feet and restaurants to 2,666 square feet is included in the
attached draft Planning Commission Resolution No. 2751. The project provides adequate
parking to support the ancillary uses (refer to Table 1 above).
The final location of these tenants is to be determined. Staff will review future tenant
improvements for compliance with the CUP. Staff recommends approval of the proposal,
subject to the conditions of approval listed in the draft resolution.
Environmental Review
For the purposes of CEQA, the Director of Community Development has determined that the
proposed project request is categorically exempt under Article 19 Section 15332 - In-Fill
Development Projects (Class 32) of the CEQA Guidelines. The proposed project is consistent
with the City's General Plan and Zoning Ordinance; the proposed project site is less than five
(5) acres; the project site has been previously disturbed and has no value as habitat for
endangered, rare, or threatened species; the proposed project will not have any significant
effects upon the environment; and the site can adequately be served by all required utilities
and public services. Therefore, based on the above findings, staff is recommending that the
Planning Commission adopt a Categorical Exemption for the proposed project.
Findings of Approval
Findings can be made in support of the project, and in accordance with the City's Municipal
Code. Findings in support of this project are contained in the Planning Commission
Resolution attached to this staff report.
February 19, 2019 — Planning Commission Staff Report
Case Nos. PP 18-0007/CUP 19-0003 — Russell Lane
Page 5 of 5
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A N/A N/A
Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian
City Attorney Director of Community Director of Finance City Manager
Development
APPLICANT: Mr. Jim Krick
4604 Alta Drive
Fort Worth, Texas 76107
ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2751
2. Legal Notice
3. Notice of Exemption
4. Letter from Owner of Cook Street Marketplace
5. Exhibits
PLANNING COMMISSION RESOLUTION NO. 2751
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO CONSTRUCT A 26,666 SQUARE FOOT
BUSINESS PARK WITH UP TO 4,000 SQUARE FEET OF ANCILLARY
RETAIL AND 2,666 SQUARE FEET OF ANCILLARY RESTAURANT USES
ON A VACANT 2.24-ACRE PARCEL AT THE SOUTHWEST CORNER OF
SEGO LANE AND GREEN WAY; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: PP 18-0007/CUP 19-0003
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 191h day of February 2019, hold a duly noticed public hearing to consider the request by
Jim Krick for approval of the above-noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 23rd day of October 2018, hold a public hearing to consider the request
by Jim Krick, and recommended approval of the above-noted project request, subject to minor
architectural changes; and
WHEREAS, the parcel is located in the Service Industrial (SI) zoning district which
allows "ancillary commercial uses"as a permitted use, subject to the approval of a Conditional
Use Permit (CUP); and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the SI zoning district; 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. 2015-75, in that the Director of Community Development has determined that the Project
will not have a negative impact on the environment and qualifies as a Class 32 Categorical
Exemption for the purposes of CEQA; 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, said Planning
Commission did find the following facts and reasons to exist to justify the approval of said
request:
FINDINGS OF APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the site
is located.
The zoning designation for this property is Service Industrial (SI), which allows for
the manufacture, distribution, and service of products intended for use within the
City and adjacent communities. Ancillary commercial uses are permitted with a
PLANNING COMMISSION RESOLUTION NO. 2751
conditional use permit to ensure land use compatibility and adequate parking
exists to serve the commercial uses. The inclusion of retail on the subject property
would enable the distribution of specialized and/or bulky goods, and further
diversify available goods in the area while preserving the industrial character of the
immediate area.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
The proposed ancillary commercial uses are located along a vehicular oriented
arterial where retail and restaurants comingling with general industrial uses exist.
Based on the facility's industrial design characteristics and recommended
conditions of approval, the proposed ancillary uses will not create a public
nuisance in terms of parking shortages, noise or odor and will meet all applicable
requirements of the building code. Therefore, the use will not be detrimental to
general public health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed conditional uses will be located within a project that complies with
all development standards of the Service Industrial zone and is consistent with the
intent of the Zoning Ordinance. There are no associated variances or adjustments
associated with the project proposal.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's general plan.
The General Plan land use designation for the site is "Employment District." The
intent of the employment district is to provide a wide variety of office-intensive
activity which include some manufacturing along with research and development
opportunities. Allowed land uses include a wide variety of office and limited
commercial activity along with multi-family dwellings organized along walkable
streetscapes. Uses would include professional and medical office, and traditional
business parks. The proposed project includes bulky retail sales and restaurant
uses, both of which are compatible with the intent of the Employment District.
The proposed project supports General Plan Land Use Element Policy 5.3 —
Diverse Centers. This policy encourages the development of local centers that
address different community needs and market sectors. Additionally, allowing a
restaurant close proximity to nearby employment centers will provide a necessary
day-time service to workers in the area.
The proposed project supports General Plan Land Use Element Policy 9.3 —
Diverse tax base. This policy recommends development and public
2
PLANNING COMMISSION RESOLUTION NO. 2751
investments to maintain a fiscally sound city with a sustainable tax base.
Diversity of land uses and businesses help sustain a sound tax base for the
City.
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 of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Precise Plan 18-0007 and
Conditional Use Permit 19-0003, subject to the conditions of approval (attached).
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of February 2019, by the
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RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
3
PLANNING COMMISSION RESOLUTION NO. 2751
CONDITIONS OF APPROVAL
CASE NO. PP 18-0008/CUP 19-0003
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. 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 Department of Community Development.
3. Construction of said project shall commence within two years 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.
4. Any proposed modifications to this Precise Plan and or Conditional Use Permit shall
require an amendment to the application, which will result in a new public hearing.
5. 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:
Building & Safety Department
City Fire Marshal ( III
Public Works Department " !!
Coachella Valley Water District
Riverside County Airport Land Use Commission
6. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
7. This Project is subject to payment of the City's Public Art fee. The fee will be applied at
the time of a building permit issuance and shall remain in the City's public art fund.
8. Final landscape and irrigation documents shall be prepared by a Landscape Architect
registered with the State of California and shall be submitted to the City's Department of
Community Development and the Coachella Valley Water District for review and
approval. All sheets shall be wet 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 landscape material. All plants shall be a minimum of five gallons in size and
all trees shall be a minimum 24-inch box in size.
4
PLANNING COMMISSION RESOLUTION NO. 2751
9. 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 and
medians). Furthermore, the plans shall identify responsibility for the continued
maintenance (such as a homeowners' association, landscape maintenance district,
property owner, etc.).
10. All exterior rooftop mechanical, heating and air conditioning equipment, and all
appurtenances thereto, shall be completely screened from public view by parapet walls
or roof screens that are architecturally treated to be consistent with the building. The
final construction plans shall include appropriate drawings demonstrating how such
equipment is to be screened from view.
11. 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 through the use of landscaping and/or masonry walls.
12. Site lighting shall be reviewed and approved by the Department of Community
Development and shall conform to the City's Outdoor Lighting Ordinance.
13. The Applicant shall submit a master sign program application to the City's Department
of Community Development for approval prior to permit issuance of any building
mounted or monument signs associated with the Project.
14. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by State and ADA requirements, all markings
shall be a minimum four-inch wide double ("hairpin" style) stripe designed to provide 18
inches measured outside to outside in accordance with City Council Resolution 01-5.
15. The Applicant shall submit a final wall plan for staff review. The wall shall feature a
decorative finish and massing variation on all portions visible from the public realm.
16. The project shall be limited to a maximum of 4,000 square feet of retail area. Retail uses
shall be limited to bulky items, and/or other retail uses deemed appropriate by the
Director of Community Development. Auto sales shall require a new Conditional Use
Permit.
17. The project shall be limited to a maximum of 2,666 square feet of restaurant area.
18. All business operations within the center shall be fully located indoors.
19. All business operations shall comply with the City of Palm Desert's outdoor lighting and
noise ordinances.
20. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
5
PLANNING COMMISSION RESOLUTION NO. 2751
21. A copy of the herein-listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on site
during project construction.
Department of Public Works:
22. The Applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil plans must be reviewed for approval
prior to work commencing.
23. The Applicant shall submit a PM10 application for approval. The Applicant shall comply
with all provisions of the Palm Desert Municipal Code (PDMC) Section 24.12 regarding
Fugitive Dust Control.
24. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
25. The Applicant shall pay the appropriate signalization fee in accordance with the City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with
Section 26.49 of PDMC and Palm Desert Ordinance No. 653.
26. The Applicant shall submit a final Water Quality Management Plan (WQMP) for
approval. The WQMP shall identify the Best Management Practices (BMPs) that will be
used on the site to control predictable pollutant runoff. Prior to the issuance of a grading
permit, the Operation and Maintenance Section of the approved final WQMP shall be
recorded with County's Recorder Office and a conformed copy shall be provided to the
Public Works Department.
27. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or the Regional Water
Quality Control Board, or a letter from either agency stating that the NOI has been filed.
28. The Applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off-site
improvements. Improvements shall include, but are not limited to:
A. The construction of an ADA sidewalk along the frontage of Sego Lane and
G reenway.
29. The Applicant shall provide easements for pedestrian access at driveways as
necessary.
6
PLANNING COMMISSION RESOLUTION NO. 2751
Department of Building and Safety:
30. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
31. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1310.
32. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10.
33. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
34. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
35. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a trash enclosure detail from the Department
of Building and Safety. °i ;Ili
'
36. Public pools and spas must be first approved by the Riverside County Dept. of
Environmental Health and then submitted to Dept. of Building and Safety. Pools and
Spas for public use are required to be accessible.
37. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
38. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
39. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 15.28.
Compliance with Ordinance 1310 regarding street address location, dimension, a stroke
of line, distance from the street, height from grade, height from the street, etc. shall be
shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render the
PLANNING COMMISSION RESOLUTION NO. 2751
building address unreadable shall be addressed during the plan review process. You
may request a copy of Ordinance 1310 or Municipal Code Section 15.28 from the
Department of Building and Safety counter staff.
40. Please contact the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
41. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for
proportional mitigation to these impacts via capital improvements and/or impact fees.
42. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
43. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, PDMC, and Riverside County Fire Department Standards. Plans
must be submitted to the Fire Department for review and approval prior to building permit
issuance.
END OF CONDITIONS
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8
I I Y 0 E P H [ M DESE R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL;760 346—o61i
FAX:760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. PP 18-0007/CUP 19-0003
NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT PLANNING
COMMISSION TO CONSIDER PRECISE PLAN 18-0007 AND CONDITIONAL USE PERMIT 19-
0003, A REQUEST TO CONSTRUCT TWO SINGLE-STORY MULTI-TENANT INDUSTRIAL
BUILDINGS, TOTALING 26,666-SQUARE-FEET WITH UP TO 4,000-SQUARE-FEET OF
ANCILLARY RETAIL AND 2,666-SQUARE-FEET OF ANCILLARY RESTAURANT USES ON
A VACANT 2.24 ACRE PARCEL AT THE SOUTHWEST CORNER OF SEGO LANE AND
GREEN WAY; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA).
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA,
has determined that this project is Categorically Exempt from CEQA review in accordance with
Section 15332: Class 32 - In-Fill Development Projects as this proposal is consistent with the
City's General Plan and zoning regulations, the project site is less than five (5) acres in size and
is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the
project site and/or are available, and approval of the project will not result in significant impacts
to traffic, noise, air quality or water quality.
Project Location/ Description:
Project Location; The southwest corner of Sego Lane and Green Way(APN: 634-220-015)
Proiect Description: A Precise Plan and Conditional Use Permit application (Project) has been
submitted by Jim Krick(applicant)for the development of a 26,666-square-foot business park on a
vacant 2.24-acre parcel fronting on Cook Street and Green Way. The proposed business park
consists of two single-story multi-tenant industrial buildings, eighty-two (82) parking spaces and
associated landscaping. The business park is intended for general industrial uses and up to 25% of
the total floor area may be utilized for ancillary retail and restaurant uses.
Recommendation: Staff is recommending approval of the Project, subject to conditions.
Public Hearing: The public hearing will be held before the Planning Commission on February
1911, 2019, at 6:00 pm.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period for this project is from February 9, 2019,
to February 18, 2019.
Public Review: The map and related documents are available for public review daily at City Hall.
Please submit written comments to the Planning Department. If any group challenges the action
in court, issues raised may be limited to only those issues raised at the public hearing described
in this notice or in written correspondence at, or prior to the Planning Commission hearing. All
comments and any questions should be directed to:
Nick Melloni,Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@cityofpalmdesert.org
PUBLISH: DESERT SUN RYAN STENDELL, Secretary
February 8, 2019 Palm Desert Planning Commission
NOTICE OF EXEMPTION
TO: FROM: City of Palm Desert
❑ Office of Planning and Research 73-510 Fred Waring Drive Palm
P.O.Box 3044,Room 113 Desert,CA 92260
Sacramento,CA 95812-3044
® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside,
or CA 92507
County Clerk
County of. Riverside
1. Project Title: Russell Lane-PP 18-0007/CUP 19-0003
2. Project Applicant: Jim Krick
3. Project Location—Identify street address and The southwest corner of Sego Lane and Green Way(APN:
cross streets or attach a map showing project site 634-220-015)
(preferably a USGS 15' or 7 1/2'topographical
map identified by quadrangle name):
4. (a)Project Location—City:Palm Desert (b) Project Location—County:Riverside
5. Description of nature,purpose,and beneficiaries A Precise Plan and Conditional Use Permit application
of Project: (Project)has been submitted by Jim Krick(applicant)for
the development of a 26,666-square-foot business park on a
vacant 2.24-acre parcel fronting on Cook Street and Green
Way.The proposed business park consists of two single-
story multi-tenant industrial buildings,eighty-two(82)
parking spaces and associated landscaping.The business
park is intended for general industrial uses and up to 25%
of the total floor area will be utilized for ancillary retail and
restaurant uses.
6. Name of Public Agency approving project: City of Palm Desert
7: Name of Person or Agency undertaking the Jim Krick
project,including any person undertaking an
activity that receives financial assistance from the
Public Agency as part of the activity or the person
receiving a lease,permit,license,certificate,or
other entitlement of use from the Public Agency
as part of the activity:
8. Exempt status: (check one)
(a) ❑ Ministerial project. (Pub.Res.Code§21080(b)(1);State CEQA Guidelines§
15268)
(b) ❑ Not a project.
(c) ❑ Emergency Project. (Pub.Res.Code§21080(b)(4);State CEQA Guidelines§
15269(b),(c))
(d) ® Categorical Exemption. Class 32"Infill Development Project";State CEQA
State type and section number: Guidelines§15332
(e) ❑ Declared Emergency. (Pub.Res.Code§ 21080(b)(3);State CEQA Guidelines§
15269(a))
(f) ❑ Statutory Exemption.
State Code section number:
Notice of Exemption FORM "B"
(g) ❑ Other. Explanation: General Rule—Section 15061(b)(3)
9. Reason why project was exempt: This proposal is consistent with the City's General Plan and
zoning regulations;the project site has been previously
disturbed and has no value as habitat for endangered,rare
or threatened species;the proposed project will not have
any significant effects upon the environment;and the site
can adequately be served by all required utilities and public
services.Therefore,based on the above findings,staff is
recommending that the Planning Commission adopt a
Categorical Exemption for the proposed project.
10. Lead Agency Contact Person: Nick Melloni,Assistant Planner
Telephone: (760)346-0611
11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No❑
13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑
If yes,the date of the public hearing was:February 19,2019
Signature: Date: Title:
®Signed by Lead Agency ❑Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100,Public Resources Code.
Reference:Sections 21108,21152,and 21152.1,Public Resources Code.
Notice of Exemption FORM`B"
Nick Melloni
Assistant Planner
Palm Desert
City Hall - Planning Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Property Easement
Parcel numbers:
Dear Mr. Melloni,
I am writing this letter on behalf of the ownership of Cook Street Marketplace. I
am the managing member of the LLC that owns this parcel. It houses the Jensen's
mini market 42150 Cook St, Palm Desert.
I am in support of the development plans on the adjacent vacant land that has
plans in the Palm Desert City Planning Department. More specifically, we are in
agreement, of a cross parking easement between the two parcels. We will be
completing a parking easement agreement in the next few months. The raw land
parcel for our neighbor is number is: 634-220-015
Please reach out to me if there are further questions. My phone number is: (949)
285-5606
Regards,
IBob Green
Robert H Ricciardi
An Architectural Corporation
75-400 Gerald Ford Drive Ste. #115
Palm Desert CA 92211
PH: (760)610-5036 FAX: (760) 610-5037
October 17, 2018
City of Palm Desert Planning Department
73510 Fred Waring Dr.
Palm Desert, CA 92260
Project: Russell Lane
Greenway and Sego Lane
Project Planner,
This project proposes the construction of two Industrial Buildings with a total of 26,664 S.F., on a 2.24
acre parcel at Greenway and Sego Lane in the city of Palm Desert, CA. The City Zoning Code 25.16.040
(E) states that Industrial complexes occupying over 2 acres are allowed (ancillary) commercial uses not
to exceed 25%of the gross leasable floor area of the complex. It further allows that within that 25%
commercial use designation,the complex is allowed restaurant uses of up to 10%of the total leasable
space.
In order to determine land use compatibility,and that adequate parking is provided, we are applying for
a conditional use permit as required by the same code.
Using the above parameters, we have prepared a parking calculation for the project as follows:
Total leasable floor space = 26,664 S.F.
75% Industrial space = 19,998 S.F. 2 per 1000 =40 spaces
10% restaurant space = 2,666 S.F. 8 per 1000 =24 spaces
15%commercial/retail = 4,000 S.F. 3 per 1000 = 12 spaces
Total spaces required 76 spaces
Total spaces provided 82 spaces
S L LAN E
P ROJECT
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ROBERT H _ RICCIARDI
AN ARCHITECTURAL CORPORATION
15-400 GERALD FORD DR. SUITE 115
PALM DESERT, CALIFORNIA 92211
TELEPHONE l60/ 610-5036
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FORT WORTH,TEXAS 76107
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I ----� -- - - - - - �•.
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....
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I I Z ��o LAND AREA: 2.24 ACRES= 97,574.40 S.F.
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I PARKING&DRIVEWAYS 58,558 S.F. 60.01%.
Z ADJACENT NORTHERN PROPERTY MERLE DR.
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MOUND COVER) {fir N ARCHITECTURAL CORPORATION
SLAY LATCH ROSERT P.RIccIARD!N.c.A.R.6.10021
•OUTSDE HAI4lE5
w/PADlOC1(FIASPS �
15-400 GERALD FORD OR. SUITE 115
PAOI DESERT, CALIFORNIA 122N
/ TELEPHONE 1L0/CIO-5031.
FAX %0/ff-5031
COVER
>r�
RED VINYL GRP
FRME w/CAPFLASHIN HOLD OPEN
� (CORKERS FULL MEiDE9J PADLOOK MASp y.!rn
PNTLE HINGE
ar
C(x
12 �CCM�ON
1- [251 RIGID
FIBERBOARD
Nc srsTEu (�
INSULATION
'' SECTION
[EFw
ROOF HATCH SEE DET.
x CANT STRIP ROOFING
c NOTES.
r_
n 1. PROVIDE EYES FOR PADLOCK AT
INTERIOR SIDE. SEE ROOF PLAN
FOR LOCATION
PLYWOOD SHEATHING 2. D(TERIOR LADDER SHALL BE
GALVANIZED AND PAINTED
3. PROVIDE REQUIRED BLOCKING
0 3 8' THICK x Y WIDE WHEN LADDER IS ANCHORED
SIM CLIP ANGLES AT TO STUD WALLS
TOP BOTTOM AND AT
8'—b' O.C. MAX. AND 12' 4. OR TO STUD WALLS WITH
MAX. FROM TOP LEVEL 1�DIA. LAG BOLTS
0 5. ANCHOR TO CONCRETE OR MASONRY
1/2-x2 1/2- FLAT STEEL WITH / 2 DIA. LAG BOLTS WITH
BAR RAIL — EASE EDGES EXPANSION SHEILDS
AND RADUIS ENDS, TYP. g_ CONTRACTOR SHALL SUBMIT SHOP
DRAWINGS PRIOR TO FABRICATION
7. CONTRACTOR SHALL PROVIDE EYES
FOR PADLOCK AT INTERIOR SIDE
3 4' DIA. STEEL RLOM 12n MAX.
TO FLAT BARS
O 01 DATE RE YIS:ONS
I SEE NOTES 4, AND 5
I
FPALM
AL DUILDINGS FOR
WELD TYP. LL LANE
1
(J 1
1
X 1 PROVIDE 1/2' PLYWD T,CALIFORNIA
a BACKING AT STUD
E
WALL ONLY
I EROOF
AL LADDER&
N P LAN VIEW ATCH DETAILS
SECTION
DEMO
TYPICAL LADDER i ROOF HATCH DETAILS
NOT TO SCALE
ROBERT H . RICCIARDI ARCHITECT
75-400 GERALD FORD DR. STE 115 PALM DESERT, CA. 92211
(760) 610-5036 OFFICE (760) 610-5037 FAX
EXTERIOR LIGHTING
ARCHITECTURAL WALL SCONCE
BY LITHONIA LIGHTING
WST LED W/INTEGRATED MOTION SENSOR &
PHOTOCELL & THE ABILITY OF REDUCING
BETWEEN 40%-90%
I �
¢, ° 6" LED RECESSED LIGHTING LDN6 SERIES. CA TITLE 24
COMPLIANT WITH, IC RATED, UL LISTED,
11 WATTS, 1000 LUMENS.
--{ D -
SHADING CALCULATIONS Itw..•,�,,.",•.t...,mr•NM�>r..•-kll,t,I�Nr„*•,„,,,� ,..., .xt,,.., ,.,,,,.,.r_...
City of Palm Desert ^�� - nlrFs,n I if
TOTAL NEW PARKING STALL AREA: 13A21 S.F. CATER `h � l.n.,r,,.1,n "'a""""� ar":,k d,- Water Calculation Chart w..a ,xV"......r. e.. �.w .,.,.,r..+.u,x.r
__ '('>•( ROBERT H. RICCIARDI
PROPOS 7.ED CARPORT SHADING AREA: 2251 S.F.
ARCHITECT
PROPOSED TREE SHADING AREA 098 toum„mr,o0—.2 PikI S.F. teeafNwA
TOTAL SHADING AREA 7.096 S.F. oISTRlG4 n "^' •"'r•"'(an7 k1M mq 1x�IxA('I,w�l.r n.ulra n l n'NO ROBERT N.RICCIARDI N.0 A R B.
an01'nNA w..+n..ina.R_FatotNn x�dw.A fir.nNai�in,an Y^gars.,5law.lrye saarrrtw.y. Ixrm,ed W,en lae
PROPOSED SHADE PERCENT. 530% c..nvcmo..,a\m�n ln.nccNO �i1e1oOia(•"""`^"• _...__ _._—___—_
eW g D 75-400 GERALD FORD OR SUITE 115
(50°h MIN.REQUIRED PER CODE 1 r,,.cw�so.^r,wtp. u.71d r" PALM DESERT.CALIFORNIA 92211
PLAN SYMBOL O 7)7tr N'cn N.ru IN --'--". ��er sc""` 's'' o asx lay v t,.u,4s oa,A, FAX TELEPHONE
760'6105037
.n Trnmmi dy v D
rrflAxp Se,.r[eo,q 0
N°OS"W D,y v 0 0
(1MnW::- Walr.!rY.rr kAlWxT[rw� O
NOTE: 1>„rmm�":,�cm...tNTurD,x'm -.-.. ww."uw D swa,w u„.e. DV
ALL PROPOSED LANDSCAPE AREAS WILL BE D °
IRRIGATED WITH AN AUTOMATIC IRRIGATION ET
BASED CONTROLLER SYSTEM. ------------- ,a1^.. •� FmElya .. FMss ITn
lv.eb^a>c FwdnCOCNc
SHRUBS AREAS:LOW VOLUME DRIP LINE SYSTEM - -— -
TREES:LOW VOLUME BUBBLER SYSTEM
D.D
aAWtti e.tra��+•x»raw �,� dy v 0 0
MSow•r[p,[ay ,7.7s0 iew.ax, avJ
EXISTING PARKING LOT mwr,r. Hw«a vwrrwu ,
atau w'rr*w:w t•Av o
anwm, (N)24' g ia,l T,n lwv o
DRIVEWAY f
arl.amt i w't" wn uK lw d
1 av----------
zz<;
�I J --------
CATCH SAS>; 41 PLANT LEGEND
clwL
wvoDLs
SYMBOL SOTAWM NAME COMMON NAME SITE OTY. "MLL 8 FACTOR HYD4UJ01F<
z - MEDIUM SHADING TREES TREES
ALONG PARKING LOT
3 RETAINNG/ St,AND3 - CndolPo teankenlanaa Cn�to:Co 2i eoa t2 Stando.0 Trwa tOw :2 a a
3'-6'SCREEN PER SLUMP N PARKING , ®' Cer�.d'um.'Deaen Muxum Oxcart Musr um Pdb verse 24'°o, 4 Vun;-7-1,(3) LOW #7
BLOC(WALL BY OTHERS ( )
0 - r!n n p TALL EVERGREEN SHRUBS Ulmus Pdnr;70wd-Ordke- Dmke's Cn;—r Elm 24-�, 7 StdnddM I.. LOW ;2 SITE
TO SCREEN TRASH ® Koe!rrxmro a;P:n,wm cn;rlese I--Tree 24-t;Ds 10 $mnddrd Twnk LOW 02
ENCLOSURE BLOCK WALL sIRLBs VICINITY MAP
D COeS0lp;ni0 Dulcnernmo Red B;rd o1 1-1— 5 gdf 20 LOW #1 _
'O C;stus Durpurao Pum'0 Rock Rosc $gal 29 Low /1
• )•- ® Leucopnyllum bergetum Cn,nuonudn Sd9c 5 9e1 42 LOW #1
Q
U ? Sennd°rtem;sa:aes Frdtnery Cosvc 5 gc: Is '.Ow /1
O Y Z ACCENT
MIX OF COLORFUL FLOWERING : : _ W = Noe sHoto Coro A'oe 5 gdl 65 LOW )1/
TREES ALONG MAIN TRAFFIC O% Of Ago+e eme;cone Century Plem 5 gal 15 LOW #t
STREET MEW ,� ,, He31x•c'oc r1140;;d Red 1-1 5 gcl 69 LOW 11
ACCENT FLOWERING SUCCULENTS
ALONG PARKWAY D FIRE 1 O `$
Muntenarrg;o edon°r;s Pink Mun1y 5 get 109 LOW p
ACCENT FLOWERING SHRUBS C) ACCENT FLOWERING SHRUBS OROUNOCOVER
AND GROUNDCOVERS ALONG �`)- ' AND CROUNDCOVERS ALONG` ®O 9d ,
STREET FRONT PLANTER L-W-c. •Nex Ce1d' New Cold Ldmdnd 5 I 35 :Ow
STREET FRONT PUNTER L-W-meeteY;d<nvs Troning LOn1oro 5 get 60 Low
MIEDIUM SHADING
TREES ALONG O 11 UNDSCAPF AREA$SHIyL BE COVER WITH A}'LAYER Of OECGNPp5E0 ORANrtE(C04PAOTEO)
i 17
PARKING LOT t ALL EVERGREEN SHRUBS
ISLANDS ! - SCREEN TRASH
BLDG. Z CLOSURE BLOCK WALL
w o
w
tx
(!T rnx s• BIK€ RACK PER
i •,C)'`,J ARCHITECTURAL PLANS
Y `
O LARGE SHADING TREES SEGO LANE ACCENT FLOWERING SHRUBS
AL
O O PARKING LOT AND GROUNDCOVERSPLAN ALONG�:AMERS iREF FRONT PLA FR
O \OJv DODO -0
CATCH BASIN PER ' v _ --- _ JI
CM U L PNS 1 - • .T
ACCENT ORNAMENTAL
GRASSES TO SCREEN ✓.
PROPOSED LOW WALL I� 0
ALONG PARKING LOT SLOE VC (E) PARKING
MEO<UM SHADING TREES LOW FLOWERING GROUNDCOVER
ACCENT FLOWERING SHRUBS ALONG PARKING LOT (N) PARKING F ALONG BUILDING FOOTPRINT
AND GROUNDCOVERS ALONG - ISLANDS PLANTERS
STREET FRONT PLANTER; t
U Cl T
Q p _ 10 z
PROPOSED SOLID ROOF 3: E)aSr#IG BUR a r� s
ACCENT FLOWERING SUCCULENTS - CARPORT STRUCTURE PER BLDG. _ � TWO INDUSTRIAL BUILDINGS FOP,
PARKWAY F` - ARCHITECTURAL PLANSP1 RUSSELL LANE
PROPOSED 3'RETAINING/
3'-6'SCREEN PER SLUMP PROPOSED SOLID ROOF "(O mAI P.Lu LYSEn>,c._.c
1 I
OCK WALL BY OTHERS CARPORT STRUCTURE PER [
00
--ARCHITECTURAL A,-
_ _________ +sE
-� PRELIMINARY
I (N) DRIVEWAY LANDSCAPE PLAN
o•
1 - - N89'48'50'E 408.59' ._.. '
0 oA•t
PRELIMINARY LANDSCAPE PLAN
Scale:1'=20'-0' �
to-g
i
- • •
iL- r
- -t
••-
_
� i � � `.' lx���'� '`•fi6�t'_�.M'..r
y�
IN THE CITY OF PALM DESERT,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA
PRELIMINARY GRADING PLAN
_ ) FOR I
PARCEL 1 OF PARCEL
.__x _ MAP NO. 27463
2 a
x 1 i /
-' Isr BETA^.}It
` DE 1iEV0EED
�� / PAVEUENr _. I 3 '
WTHE SITE
i, ct
PROJECT INFORMATION
IDAPG5ED •• rx PANCL� 0606%2216N
IA RAMP- III i _ - _ .J --,(J•.: 'Ut.t
1 - _ �I I OAR 04/11/2011
�•i' _ �. ">• 10HE DUNITIO`i ZONE Xl REA OF M—A:11000 NAt'AG'
Vj � � e 1 PROJECT:
PFLOP ED i PARCEL I OF PARCEL VAR NO 27A63 PER PUS 180/74-75 VICINITY MAP
R 1 - PALV DESERT.CA.92260
DATA:
TOTAL LOT AREA 97.57a 5F
I— I _ DISTURBED AREA 85.22A SF PALM DESERT GENERAL NOTES
BUILDING TYPE COUVEROAL _
EF.St.rlPf NOw'. BJ2DINC AREA M.666 SF
...-.. PPOPOSEOwPDRAvr L.LNGSCAPE AREt T2.350 Y " '.GORDAVCE
T 'AVDARD
- 1 - :-... „..>O THE C .:.I) ..L STANDARD
SEWER F T -TOPOGRAPHIC AND SOUNOARY SURVEY: PLAINS ANDOC/LERMS FOR u5 STANDBLIC ARD SPECIFICATIONS WHEN APEPLfCASIE INS$tANDAP;
-1 2'.46 i e -.x�< 1
< -- AR'.ET PERFORMED BT.MAESTRO Er:GV((P VC 1 N T CTICN I AUTHORIZED WiHd'T E 4P LAZE PERM TS ISSUED°
,( a� -- ' m \` - - SCALE+-•10' DATE
d SAEE Y'Ca/2Y6 TME CITY Or DALY DESERT PUBLIC WORKS DEPARTMENT
-4 �W �_ _ __--__ -_ _.__ _ _ EARTHWORK QUANTITIES:
„'. - -- ---- - - 3 THE ENONEER-CF-WORK SMALL BE NOTIFIED SEMEN CONSTRUCTION HAS COMMENCFL
1' IC• I--� �a RAw OJT'. 200 Cy
' RAW FEI '900 Ct A IN THE EVENT OF DISCREPANCIES ANO/OP DEMATIO:S MIS-NO DVRNG
CONSTRUCTION.THE ENGINEER-OF-WORK"95HALL BE RESPONSIBLE FOR
PROPOSED ' APN AND LEGAL DESCRIPTION: DETERYINMC AN ACCEPTABLE SOLUTION AND REVISING THE DLANS FOR APPROVAL BY
71 .. I- BUILDING 2 1 - PARCEL YAP NO 27163 PER PMB THE
RECTOR 6 PUBLIC WORKS
._ _ w n -- -.- -. - 5 ANDADJACENT UTILITIES,FACILITIES AND PROPERTIES AGES 0 RNSTE.QFF51.E
I_ FF183.90 _ /J/ °
IS \ N __._ _.-__w .-_... - — —----a— - QUARTER OF SEC 5. 5
Ii PAD183.2 ^.,.. . \ _ _ ._ — -�/_�_/�..'-._Y .tt. µD _
``� �LANE WANE v PARCEL �, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DAY T
.a1. ,1c �f�- S. _ .-_ _p - N .._. .n SOU
a 6 i A61kE t I ES. FAKE ES Y AND PROPER uR S TO
_.iA GN .._-..SA _..__�.,• _..SN --$A $A --SA WARIER
NW PROTECT ADJACENT PRA�FVERTY OWNERS FROM ANY AND ALL DAVAG[THAT MAY
A PORTION OF THE NW
OCCUR rROv
1 1.
y
IS I i,x r \ \ • DRIVEWAY-- sm.Y P YPLANSNNCTON MM COFxSTRUCTIpV M-$L RESULTING
OF PALAPPROACH
DESERT CITY PROPOSED ASU RVANTES SR FROM F E A WATER RUNOFF ANO/OF1 N CG STR9UON OF ON OF THESE
$6, NO OS V WAt[R DIM1VEW AR A)�$MAGMA
TA _ G-METERS :..-.-_. A.. __„A-, -- ...K ---. - GAS-_ d "' 'a' ME
GC4 CA COSTA
7. ME CONTRACTOR.AT NO EXPENSE TO THE CITY.SHALLPROVIDE ALL NECESSARY
r c - ;aF 5 SDPI
In - 4 .__'" _ - _ a -.. PHONE 7604985340 SAMPLES AND TESTS MAT THE DIRECTOR OF PUBLIC WORKS MAY REOU;RE TO
I i R/w I` -3q'-_ �,+ ASSURE TNAT QUALITY OF MATERIAL AND WORKMANSH.P ARE W ACCOROMCE WTN
OWNER THE SPECIFICATIONS.
CATCH BASH ` _ _
a THE CONTRACTOR
ALL WC%TX
AND
TIL
THE CITY
'yR= - _I .,I C.1OH AS., _ — __. FORT VORT DRIVE
76107 9 ALL SVRVEY�YQ`1WSEH15 W H:N�OR BFOIMDING THE NFJRItELwi WHETHER FOU C•_ T
FROM RECORD OR BY INSPECTION,SNAIL.PFNOR i0 ANY CONSTRUCTION.of
T_
4 I _ y RENOOE LEGEND LOCATED AND REFERENCED BY A LICENSED SURVEYOR OR A CIVIL ENdNEER
EInStMG AUTHORIZED TO PRACTICE LAND SURVEYING. THE REFERENCED MONUMENTS
11 l PAVEYENI
DSTURSED OR REVOVEC OVR.NC CONSTRUCTION SHALL BE RESET IN ACCOROANCE
PROPOSED AC -' I IP �A �: D - RET.MNED HEIGHT PAN SECTION 8771 OF THE LAND SURVEYOR'S ACT AND CITY STANDARDS ANC
PAVEAPEH* -I 1: TOM PONt REOU'REVENT$AT ME CONTRACTOR'S
sEw. O' I FG -FINISHED CRADE
S-� �'�_� PAD -PAO ELCVOOR" _ F I t0 THE CONTRACTOR SHALL NOTIFY THE DEPARTMENT O'PUBLIC RORA$IN PALM
_ 1 f 1 SURFACE DESERT AT( O)776-6450 AT LEAST<8 HOURS PRIOR TO COMMENCING ANY'WORK
Y. ———�'— — —— .1 THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION AND PROTECTION O
-r.
1 I' - '�" - .. iC - TOP O CURB .\I UTILITIES FICA ME EOCA1KXi O W0.FRGROUVO UTILITIES DR FOR EMERGENCY
r
P
_ C" - , ,i; _ AEL WATER `OOACHELLA VALLEY WATER DISTR`i 760_398-�611
--�--- TF i SEWER A N LLA VALLEY T ]60 398-651
OP OF FOOTING WATER O TFY^
YT) Di' - DEEPEhfD FOOTING ELECTRIC SOUTHERN CALIFORNIA EDISON 760-202-A291
(.. F-PROPOSED GAS THE GAS COMPANY 800-<27 2200
_ { ! NEW AC TP - TOP O PAVEMENT TELEPHONE VERIZON CALIFORNIA.INC. B00-A83-'000
IQ— iii F.VEM[NT GB -ORADE BREAK CABLE TIME WARIER 760-310-1312
s 9 I 2MH _ _\ _ A 7 • I PARCEL 2 DIG ALERT 800-227-2600
PROPOSSED BUILDING 1 _ po5t«c va i0 - TOP O GRATE
ii rjltiER t0 PARCEL MAP rNV - INVERT ELEVATION 12. THE DEPARTMENT OF PUBLIC WORKS DOES NOi ASSUME ANY RESPONS38LTY FC..
FF185.20 - - REMAIN
NO 27463 BX -BUItD:NG SETBACK LINE THE
ACCURACY O THE QUANTITIES SHOWN HEREON,
PAD 184.5 -PROPOSEO STORM DRAIN
'•; PM 180.74 13. THE STRUCTURAL SECTION SHALL BE AS PER THE STATE OF CALIFCANA
_ SPwCPERTY LINE DEPARTME t OF TRANSPORTATION.HIGHWAY DESIGN MANUAL TEST NO 301-F F^
E6• (FF185.96) - DETERIMNATtON BY THE R-VALUE METHOD.
EXISTING SPOT ELEVAnON P T T ARSE
Z 1A. ALL .C.0 AND AC REMOVALS DE SMALL&OUTLINED 0 NECESS WORKING l
pp _ F51)IN AVD SAWCUT tC A MIN VUV DEPTH O 2 INCHES PRIOR 70 REMOVAL All CFB.
r' 0D 'I t85.TX} —� - PROPOSED ELEVATION CREATED BY THE REMOVAL OPERATIONS SMALL BE OSPOSED CF AWAY FROM T.
oi< T- — _ - 183 " - _ - _ —___ JOB SITE IN A MANNER AND LOCATIONACCEPTABLE TO ALL CONCERNED AGENCI-
--! PROPOSED WALL AND
l I C Pc a Di< o< �C187 ti3 PROPOSED CONCRETE
i - �� 1 "•r,iR `, _„PSx A!a � .n. �., 15, ALL P.CC AND A.C.IMPROVEMENTS DAMAGED BY THE CONTRACTOR'S OfC
E SMALL O RESTORED TO THEIR ORIGINAL CONDITION 81 THE CONTRACTOP
._. '. 0 E S\G CO\TOUR T THE CITY O PALM DESERT.
N DP05[
- ---'BS CD—�—.�. .---.-'."^z ^ - _ —iB500—'r- ,.:.�.:. '� CATCH BAY4 {9t',.- CONTOUR
L
.� - ,1-� _
��— — �L — 16. STREETS IN ME CONSTRUCTION AREA SHALL BE KEPT 0.CAN AT ALL TIMES
S nALN an• A PROPOSED - Rw•py' .:SEWER LINE
` RETAMING/SCREEN :.WATER LINE t]. THE CONTRACTOR SMALL BE RESPONSIBLE FOR CLCAR:NC OF THE PgCP05E0 NCB
W+LLB STORM DRAIN LIVE AREA.
LINE 16 NO PUBLIC STREET SHALL BE CLOSED TO TRAFFIC W.TwWT PRIOR'M,TTCN
11 SEWER MANHOLE APPROVAL OF THE O:RECTCR OF PUBLIC WORKS
' PRCPOSEG PR0POR0 auc 1 '. 9EN POSf
EXIL
8V._OUIG Ig. NO TRENCHES SHALL REMA:•C OPEN OVERNIGHT WTndJi PRIOR WAILIEN APPRO:'>.
R-...onL•-\. F wALt W4l .� ..WATER vAL LE a THE DIRECTOR OF PUBLIC WOPA'S.
WA .;ELECTRIC BOX
K 'A FELEPNOR.E BOX 20 FAILURE TO COMPLY WTH ANY C<THE ABOVE ITEMS SHALL BE SJFF-GENT CAUSE
FOR THE CITY TO ARRANGE FDA NECESSARY WORK TO BE COMPLETED BY OTHERS
ti1 - SNARL TRAFFIC COSTS TO COMPLETE THE WORK By OTHERS WILL BE CHARGED TO TME CONTRACTDR
PPDPO5(G C. PROPOSER PCC - F,ECOMYUVICATIONS Box
I OSED 6- 21 ALL L 475CAP.NG AN RRICATICOFN THAT: PAM O O;ONSia GP D ACHY TC$
1 1 °ALLEY '1 - Y"•�•�'i CURB 0H._v O"LRn IE_ ROPCRT REPAIR OR REPLACED TO THEAPR V HE CITY AN THE
1 �_ PRCPOSEC E" r
ji-i:a C 9 G:L•�.. ri ffrM16,9: 'IeT ' —
' � PROPL:EO E- --�- 1 -. --- -- Ta( • {1�- � - -'-- --a 22 CONTRACTOR 4J5 OBTAIN ADPgOIA. CA ANY LANE C_hJRES A Y:N MVV Or<
�� xX
BE REPAIRED
- j iT._. _. -. __- - - HOURS Y
F _ I I
coNmAc T � r r .
.ns C.Y9 A 1 _. _.... , PROPOSED '
_. _.__".. -__ EAS 23 PROPo3Eo AG $DEW.uK EMENT NOTES:
PRDPOSEE a J CONTRACTOR S A:L CALL THE PUBLIC S WORKS DEPARTMENT t0 REQUEST INSPECTION
yFm RAVLMENi A MkUUM OF N HdJRS PRIOR TO STARTING CCNS1RJC TIDAL CO•N}RACIER$wd...
- ! -•V — 5 ` SECTION A—A r,, RtCM FS i0 THE PUBLIC OAR PORTION$CF- KEEv THE INSPECTOR INFLAMED C:PROGRESS Or THE WJRx ON A DAILY BASIS
L✓ J nAPROVENENiS PACED WiH(A,T INSPECTION MAY BE RE_ECTED AND ARE SJBJ(
'If ( \ ` LOT 6 PER M8 115 83-8-
E id iY(N� i0 fKUOVAt
Y LICE AA,. - .AV Nf; \
cREE•.AA.. Aiv.ic RDCa 2 ES!3N T. FOR uT.L TIES, SE Vr_R AND WATER
LINE PURPCSES• 'NGRESS ANC EGRESS 0;
�- PRa 96'CVP„: RGawND SYSIEV SERV% AND EMERGENCY +T HICLES OVER
rc DEALOPEO IDO.R/IANR RwDFF-31.OG9 a PORTIONS Of LOT 8 PER IVB 1:5/63-8A
REV"
SIG-(MP E:PUVC CAPAC'fy.Shipp CF �/MUPP
fi SCE ESSIIN T. REL^.'D. 5J7/85. INS} NO. CfTI'OF PALM DESERT
(` u
Has nAn etl s a'?D n"?•Y. � 13;063. O.R. Sr+EE�
urzo )K NwIN..SI cay P NP 6N5 PRELIMINARY GRADING PLAN
.. K sE coRN[R o c9.n'rsw W W GENERAL TELEPHONE COMPANY UTILITY
<.., eiroi Y'`•" ., n rA ESMANT. REC'D. 8/18/81. INST NO. 156781. FOR SHEETS 1
p cAW
- -• A T.c cT va c of urc.APE O.R. OVER PORTIONS OF LOT B PER IA8 RUSSELL LANE
t5/83-8A
L:w�er o'a-E MNA Ma Inn,-N PARCEL 1 PER PMB 180/74-75
PLANNING COMMISSION STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: February 19, 2019
PREPARED BY: Nick Melloni, Assistant Planner
REQUEST: Consideration of a Conditional Use Permit application to increase the
number of residents in an existing residential care facility for the elderly to
10 residents within an existing 4,477-square-foot single-family residence
at 44-645 San Onofre Avenue, and adoption of a Notice of Exemption in
accordance with the California Environmental Quality Act (CEQA).
Recommendation
Waive further reading and adopt Planning Commission Resolution No. 2752, approving
Conditional Use Permit 18-0008, subject to the conditions of approval, and adoption of a
Notice of Exemption in accordance with the California Environmental Quality Act
(CEQA).
Executive Summary
Approval of staff's recommendation will allow the operator of the Avatar Retirement Home to
add four beds to its existing residential care facility for the elderly (RCFE); increasing the total
number of residents to 10. Since June 2011, the facility has been operational with approval for
six residents at this location. The facility provides room and board, housekeeping, supervision,
and personal care assistance for persons age 60 and older. The proposal will not require any
modifications such as room additions or site changes. Planning staff has determined the
proposed facility complies with the intent and objectives of all applicable zoning requirements
and is compatible with surrounding land uses.
Background
A. Property Description
The project site is an existing 4,477-square-foot, single-story single-family residence on a
0.28-acre lot. The home was constructed in 1979 and has received multiple building
permits for additions including new bedrooms and patio areas. The existing RCFE began
operation on June 23, 2011. The home contains seven bedrooms, each with access to a
private bathroom and large communal living areas. The property features a large driveway
and two-car garage to accommodate on-site parking.
B. Zoning and General Plan Designation
Zone: Mixed Residential (R-2)
February 19, 2019 — Planning Commission Staff Report
Case No. CUP 18-0008 — Avatar Retirement Home
Page 2 of 4
General Plan: Small Town Neighborhood
C. Adjacent Zoning and Land Use
North: R-2/Single-Family Dwelling (SFD)
South: R-2/SFD
East: R-2/SFD
West: R-2/SFD
D. Additional Background
RCFEs are licensed through the Community Care Licensing Division of the California
Department of Social Services. Specific rules for the care and safety standards of these
facilities are outlined under Division 2, Chapter 3.2 of the California Health and Safety
Code. In general, RCFEs are non-medical facilities that provide room and board,
housekeeping, supervision, storage and distribution of medication, and general personal
assistance. State law prevents local jurisdictions from imposing zoning restrictions on
residential facilities serving six or fewer residents. Facilities exceeding six residents are
subject to local discretion.
Project Description
Avatar Retirement Home is requesting a Conditional Use Permit (CUP) to expand its existing
RCFE by four residents for a total of 10 within an existing single-family home. The project
does not propose additions or substantial alterations to the home. They will add new beds to
existing rooms for a maximum of two residents in some rooms. Residents of the facility are a
minimum of 60 years old that require assistance with daily tasks and do not drive. The facility
will provide housing, meals, supervision, personal assistance, and medication distribution to
its residents. The facility does not provide medical services or skilled nursing; however, the
applicant has identified that certain services may be provided on a case-by-case basis by a
third party.
The facility will operate 24 hours a day, with up to three on-site employees during daylight
hours and one employee at night. The facility will hire additional employees as needed.
Visiting hours for residents is 8:00 a.m. to 8:00 p.m.
Analysis
Table 25.10-1: "Use Matrix for Residential Districts" of the Palm Desert Municipal Code
(PDMC) lists permitted, conditionally permitted, and prohibited land uses for the Mixed
Residential zoning district. RCFEs providing care for six or fewer residents are categorized
in the Group Homes land use category. Once a facility exceeds six total residents, it falls
within the Assisted Living Facility land use category. Assisted Living Facilities may be
approved by the Planning Commission with a CUP in accordance with section 25.72.050 of
the PDMC.
February 19, 2019 — Planning Commission Staff Report
Case No. CUP 18-0008 — Avatar Retirement Home
Page 3 of 4
A. Land Use Compatibility
The facility has been in operation since June 2011 within a single-family residence. The
outward appearance of the home is consistent with other conventional single-family
residences in the neighborhood. The home conforms to all development standards of the
Mixed Residential zone, with the exception of the legal non-conforming rear-yard setback
(13'-1" existing while 15' is required). Staff recommends imposing a condition on the
project restricting the facility from changing the outside residential character of the
residence.
Community Care Licensing Division records indicates that there are 25 Assisted
Living/Elder Care Facilities licensed in the City of Palm Desert. The majority of these
facilities serves six or fewer residents and are scattered throughout single-family
neighborhoods. Some larger facilities, such as Bella Villagio at the corner of Portola
Avenue and Country Club Drive are licensed for 100+ residents. The expansion of this
facility will not result in an overconcentration of licensed care facilities in the area. The
nearest larger residential care facility in the area is Trinity Gardens, located at 44-277
Portola Avenue, which serves 15 residents.
Since Avatar Retirement Home began operation of the facility, Code Compliance staff has
opened and resolved two cases related to a parking incident where a vehicle parked in
the wrong direction on the street in front of the facility. These incidents occurred on
February 17, 2016.
B. Parking
The Zoning Ordinance requires parking for residential care facilities at a rate of one
parking space per four beds. The proposed 10-bed facility will require three parking
spaces. The site can accommodate five spaces using the existing garage and driveway.
The residents do not drive and there will be a maximum of three employees on-site at one
time. If additional parking is required, for example when resident family members visit,
there is an abundance of on-street parking available in the immediate area.
The proposed project is in conformance with the City Zoning Ordinance and the goals and
objectives of the General Plan. Staff recommends approval subject to the conditions of
approval contained in the attached draft Planning Commission Resolution.
Environmental Review
For the purposes of CEQA, the Director of Community Development has determined that the
proposed project request is categorically exempt under Article 19 Section 15301 — Existing
Facilities (Class 1) of the CEQA Guidelines. The proposed project will involve a negligible
expansion of an existing use with no physical expansion of the existing home; the project site
has been previously developed and has no value as habitat for endangered, rare or
threatened species; the proposed project does not have a reasonable possibility for significant
cumulative impacts upon the environment; and the site can adequately be served by all
February 19, 2019 — Planning Commission Staff Report
Case No. CUP 18-0008 — Avatar Retirement Home
Page 4 of 4
required utilities and public services. Therefore, based on the above findings, staff is
recommending that the Planning Commission adopt a Categorical Exemption for the
proposed project.
Findings of Approval
Findings in support of this project are contained in the Planning Commission Resolution
attached to this staff report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A N/A N/A
Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian
City Attorney Director of Community Director of Finance City Manager
Develo ment
APPLICANT: Ms. Yolanda Alkawass
20276 Majestic Drive
Apple Valley, California 92308
ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2752
2. Legal Notice
3. Notice of Exemption
4. Exhibits
PLANNING COMMISSION RESOLUTION NO. 2752
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT EXPANDING THE NUMBER OF RESIDENTS IN AN EXISTING
RESIDENTIAL CARE FACILITY FOR THE ELDERLY FROM 6 TO 10
RESIDENTS LOCATED IN AN EXISTING SINGLE-FAMILY RESIDENCE
AT 44-645 SAN ONOFRE AVENUE; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 18-0008
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 191" day of February 2019, hold a duly noticed public hearing to consider the
request by Ms. Yolanda Alkawass for approval of the above-noted; and
WHEREAS, the project is located in the Mixed Residential (R-2)-;zoning district,
which allows "assisted living" as permitted uses subject to approval of a Conditional Use
Permit (CUP); 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. 2015-75, in that the Director of Community Development has determined
that the Project will not have a negative impact on the environment and qualifies as a
Class 32 Categorical Exemption for the purposes of CEQA; 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, said Planning
Commission did find the following facts and reasons to exist to justify the approval of said
request:
FINDINGS OF APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the
site is located.
The zoning cf gnation for this property is Mixed Residential (R-2), which is
intended for a`'"variety of housing choices and mixed-uses. The proposed 10-
bed residential care facility for the elderly will provide a supportive living
environment within an existing single-family residence at an intensity suitable
for the residential character of the existing neighborhood.
2. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2752
The proposed conditional use will not be detrimental to the public health, safety,
or welfare, or be materially injurious to properties or improvements in the
vicinity. The applicant has operated at the existing residence since June 2011.
The City has received no substantial public nuisance complaints from
neighboring residents regarding the operation of the facility. The facility is not
within close proximity to similar elder care, assisted living or other large group
home facilities which may generate cumulative adverse parking and noise
impacts on the neighboring. The applicant has demonstrated that this facility is
capable of operating in a manner that is com ible with neighboring
residences.
3. That the proposed conditional use will co each of the applicable
provisions of this title, except for approved ce djustments.
The proposed conditional use will com ►th each of the cable provisions
of this title. The facility is located wi n existing single-fa ich complies
with the development standard the R-2 ning desig with the
exception of the legal non-conform► ar y tback.
The R-2 district requires tructures c ing living areas to be setback a
minimum of 15'from rea lines. Th sting home has a rear setback
of 13'-1" (a 13% reducti o d) wh s consistent with potential
setback reductions granted he s
4. That the pr ditiona omplies h the goals, objectives, and
policies City's ral pla
The Ge Plan se d nation for the site is "Small Town
Nei hborho ntended to provide moderate intensity
00 lopment w may additional land uses including retail,
are, p cil► uest house and family day care homes when compatible.
C
The prop car cility is compatible with surrounding land uses as
operations d t alte residential character of the existing home.
use suppo Program 9.B of the General Plan Housing Element which
en ges th velopment of assisted living facilities for seniors. The facility
Will p e ed services and care to elderly residents in the setting of a
single- sidence.
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 of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Precise Plan 18-0007 and
Conditional Use Permit 18-0008, subject to the conditions of approval (attached).
2
PLANNING COMMISSION RESOLUTION NO. 2752
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 19t" day of February 2019, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RON GREGORY, CHAIR
ATTEST:
Y�
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSI
{
3
PLANNING COMMISSION RESOLUTION NO. 2752
CONDITIONS OF APPROVAL
CASE NO. CUP 18-0008
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the
approved plans on file with the Department of Community Development, except as
modified by conditions herein.
2. 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 pjans. All such plans shall be
consistent with the approved entitlement plans on file with the Department of
Community Development.
3. Construction of said project shall commence within two years from the date of final
approval unless an extension of time pis granted; otherwise said 'approval shall
become null, void, and of no effect whatsoever.
4. Any proposed modifications to, this Conditional Use Permit shall require an
amendment to the application, which will result in a new public hearing.
5. 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:
Building & Safety Department
City Fire Marshal
Coachella Valley Water District
6. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set
aside, void, or annul, any approval of the City of Palm Desert, whether by its City
Council, Planning Commission, or other authorized board or officer of the City.
7. The total number of residents of the facility shall be no more than ten.
8. The use of the facility shall be limited to a residential care facility for the elderly.
Operational changes which increase the intensity or scope of services provided by
the facility shall be subject to Department of Community Development review.
9. The Applicant shall preserve the exterior single-family residential character of the
facility. No exterior signage shall be permitted, excepted as mandated by state
and/or federal law.
4
PLANNING COMMISSION RESOLUTION NO. 2752
10. The property shall be maintained in accordance with landscape maintenance
requirements contained in the Palm Desert Municipal Code.
11 . All facility operations shall comply with the City of Palm Desert's outdoor lighting and
noise ordinances.
12. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
Department of Building and Safety:
13. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
14. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
15. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
16. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 15.28.
Compliance with Ordinance 1310 regarding street address location, dimension, a
stroke of line, distance from the street, height from grade, height from the street, etc.
shall be shown on all architectural building elevations in detail. Any possible
obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may
render the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1310 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
17. Please contact the Department of Building and Safety at (760) 776-6420 regarding
the addressing of all buildings and/or suites.
5
PLANNING COMMISSION RESOLUTION NO. 2752
Fire Department:
18. This facility shall submit a fire pre-inspection request and fee for review of the
layout, egress and occupancy load. Appropriate state forms shall be submitted by
licensing agency to Fire Department for field inspection and final approval.
END OF CONDITIONS
M
A
6
CITY 0 P H I M 0 ESER1
73-510 FRED WARING DRIVE
PALM DFsF.RT, CALIFORNIA 92260-2578
TE•L: 760 346—o6ii
FAX: 760 341-7o98
i n f o@p al m-dese r c.o rg
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 18-0008
NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT PLANNING
COMMISSION TO CONSIDER CONDITIONAL USE PERMIT 18-0008, A REQUEST TO
INCREASE THE NUMBER OF RESIDENTS IN AN EXISTING RESIDENTIAL CARE FACILITY
FOR THE ELDERLY TO TEN RESIDENTS WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE
AT 44-645 SAN ONOFRE AVENUE; AND ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA).
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA,
has determined that this project is Categorically Exempt from CEQA review in accordance with
Section 15301: Class 1 — Existing Facilities as this proposal is consistent with the City's General
Plan and zoning regulations; the project involve a negligible expansion of an existing use with no
physical expansion of the existing home; the project site has been previously developed and has
no value as habitat for endangered, rare or threatened species; the proposed project does not
have a reasonable possibility for significant cumulative impacts upon the environment; and the
site can adequately be served by all.required utilities and public services.
Project Location/ Description:
Project Location: 44-645 San Onofre Avenue
Project Description: A Conditional Use Permit application (Project) has been submitted by
Yolanda Alkawass (applicant) to expand an existing 6-bed residential care facility for the elderly
to 10 beds. The facility is located in an existing single-family residence. Residents of the facility
will be elderly over 60. The facility will provide housing, meals, supervision, personal assistance
and medication distribution to its residents. The facility does not provide medical services or
skilled nursing.
Recommendation: Staff is recommending approval of the Project, subject to conditions.
Public Hearing: The public hearing will be held before the Planning Commission on February
1911, 2019, at 6:00 pm.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period for this project is from February 9, 2019,
to February 18, 2019.
Public Review: The map and related documents are available for public review daily at City Hall.
Please submit written comments to the Planning Department. If any group challenges the action
in court, issues raised may be limited to only those issues raised at the public hearing described
in this notice or in written correspondence at, or prior to the Planning Commission hearing. All
comments and any questions should be directed to:
Nick Melloni, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@cityofpalmdesert.org
PUBLISH. DESERT SUN RYAN STENDELL, Secretary
February 8, 2019 Palm Desert Planning Commission
NOTICE OF EXEMPTION
TO: FROM:City of Palm Desert
❑ Office of Planning and Research 73-510 Fred Waring Drive Palm
P.O.Box 3044,Room 113 Desert,CA 92260
Sacramento,CA 95812-3044
® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside,
or CA 92507
County Clerk
County of: Riverside
1. Project Title: Avatar Retirement Home/CUP 18-0008
2. Project Applicant: Yolanda Alkawass
3. Project Location—Identify street address and 44645 San Onofre Avenue
cross streets or attach a map showing project site Palm Desert,California 92260
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
4. (a)Project Location—City:Palm Desert (b) Project Location—County:Riverside
5. Description of nature,purpose,and beneficiaries A Conditional Use Permit application(Project)has been
of Project: submitted by Yolanda Alkawass(applicant)to expand an
existing 6-bed residential care facility for the elderly to 10
beds.The facility is located in an existing single-family
residence.Residents of the facility will be elderly over 60.
The facility will provide housing,meals,supervision,
personal assistance and medication distribution to its
residents.The facility does not provide medical services or
skilled nursing.
6. Name of Public Agency approving project: City of Palm Desert
7. Name of Person or Agency undertaking the Yolanda Alkawass
project,including any person undertaking an
activity that receives financial assistance from the
Public Agency as part of the activity or the person
receiving a lease,permit,license,certificate,or
other entitlement of use from the Public Agency
as part of the activity:
8. Exempt status: (check one)
(a) ❑ Ministerial project. (Pub.Res.Code§21080(b)(1);State CEQA Guidelines§
15268)
(b) ❑ Not a project.
(c) ❑ Emergency Project. (Pub.Res.Code§21080(b)(4); State CEQA Guidelines §
15269(b),(c))
(d) ® Categorical Exemption. Class 1 "Existing Facilities";State CEQA Guidelines
State type and section number: §15301
(e) ❑ Declared Emergency. (Pub.Res.Code§21080(b)(3);State CEQA Guidelines§
15269(a))
(f) ❑ Statutory Exemption.
State Code section number:
Notice of Exemption FORM"B"
(g) ❑ Other. Explanation: General Rule—Section 15061(b)(3)
9. Reason why project was exempt: The proposed project will involve a negligible expansion of
an existing use with no physical expansion of the existing
home;the project site has been previously developed and
has no value as habitat for endangered,rare or threatened
species;the proposed project does not have a reasonable
possibility for significant cumulative impacts upon the
environment;and the site can adequately be served by all
required utilities and public services.
10. Lead Agency Contact Person: Nick Melloni,Assistant Planner
Telephone: (760)346-0611
11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No❑
13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑
If yes,the date of the public hearing was:February 19,2019
Signature: Date: Title:
®Signed by Lead Agency ❑Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100,Public Resources Code.
Reference:Sections 21108,21152,and 21152.1,Public Resources Code.
Notice of Exemption FORM "B"
r
r
11/28/18
Statement of Use
Avatar Retirement Home is currently a licensed Residential Care
Facility(LIC#336425030)for the Elderly with approvalfor 6
residents and has been in operation since 2011.
I, Yolanda Alkawass would like to use the home at 44645 San
Onofre Ave.Palm Desert, CA 9226o as is existing and request for
an additional 4 residents to make it a total of 1 o.
The residents are 6o years old or older and don't drive due to
them mostly all needing assistance with daily tasks.
If a resident needs skilled nursing and is not on hospice then a
home health care company would send out licensed personnel to
do that type of care like physical therapy,wound care etc... any
skilled nursing, hospice or home health care is independentfrom
Avatar Retirement Home.
Avatar Retirement Home is a non—medical facility that provides
room,meals, housekeeping,supervision,storage and distribution
ofinedication,and personal care assistance with basic activities
like hygiene, dressing, eating, bathing and transferring.
Residential Care Facilities for the Elderly(RCFEs)serve persons
6o years of age and older.
Visiting hoursforfamily members is Sam to Bpm, mostfamily
members on average come to visit 1-2 times a month. (Some
people visit once a week others never visit their loved ones.)
Meals are prepared fresh every day to meet each resident's needs,
the residents in a RCFE are not able to drive due to their
conditions and or age and if needed the Avatar Retirement Home
staff will provide transportation for each resident upon the
approval of the person in charge of each resident. The vehicle that
would be used for the transportation of the residents would be the
Administrators vehicles,which would be at the home when they
are on shift.
On the weekends Avatar Retirement home receives a visit from
local church groups to visit with any resident that would like to
partake in church activities. Generally there is just one vehicle
from the local church and they normally park on the street or the
driveway and they are normally atAvatarfor about 30min-
6omins.
When a Resident is on hospice,Avatar Retirement Home receives
a scheduled visit once a month from the Hospice company nurse
or doctor to check on the resident that is on hospice and also the
hospice companies sometimes send volunteers once a week or
every other week to for either spiritual/mental guidance.
Avatar Retirement Home operates 24hrs a day 7 days week and
currently has 7 employees total but 2-3 during the day and 1 at
night for 24hr coverage.Avatar Retirement home will hire more
employees as the need arises with each new resident.
Frequently asked Questions
Residential Care/ Assisted Living:
What Is Residential Care for the Elderly?
Residential Care Facilities for the Elderly (RCFE) serve persons 60 and older. They provide
room, board, housekeeping, supervision, and personal care assistance with basic activities
like personal hygiene, dressing, eating, and walking. Facilities usually centrally store and
distribute medications for residents to self-administer.
This level of care and supervision is for people who are unable to live by themselves but who
do not need 24-hour nursing care. They are considered non-medical facilities and are not
required to have nurses, certified nursing assistants or doctors on staff. Other terms used to
refer to this level of care are assisted living facilities, board and care homes, rest
homes and that component of Continuing Care Retirement Communities (CCRCs) that
provide personal care and supervision.
Residential Care Facilities for the Elderly or Assisted Living Facilities must meet care and
safety standards set by the State and are licensed and inspected by the Department of
Social Services, Community Care Licensing (CCL).
Overview of Assisted Living/Residential
Care Facilities for the Elderly (RCFEs)
What is Residential Care for the Elderly?
Residential Care Facilities for the Elderly (RCFEs)—sometimes called "Assisted Living"
(e.g., 16+ beds) or"Board and Care" (e.g., 4 to 6 beds) —are non—medical facilities that
provide room, meals, housekeeping, supervision, storage and distribution of medication, and
personal care assistance with basic activities like hygiene, dressing, eating, bathing and
transferring. Residential Care Facilities for the Elderly (RCFEs) serve persons 60 years of
age and older.
This level of care and supervision is for people who are unable to live by themselves but who
do not need 24 hour nursing care. They are considered non-medical facilities and are not
required to have nurses, certified nursing assistants or doctors on staff.
How Does a Residential Care Facility for the Elderly Differ From an Assisted Living
Facility?
From a licensing standpoint, there is no difference. In California, facilities describing
themselves as assisted living and offering personal care and supervision are licensed as
Residential Care Facilities for the Elderly.
Residential Care Facilities for the Elderly are dominated by smaller (i.e., 6 to 15 beds),
locally owned facilities with shared rooms. Larger facilities usually offer private apartments
and tend to be corporately owned. Many larger facilities have different fee options depending
on the type of care needed.
Are Residential Care Facilities for the Elderly Regulated?
Yes. Residential Care Facilities for the Elderly or Assisted Living Facilities must meet care
and safety standards set by the State and are licensed and inspected by the Department of
Social Services, Community Care Licensing (CCL).
Senior housing complexes, retirement villages or retirement hotels that provide only housing,
housekeeping and meals are not required to be licensed as Residential Care Facilities for
the Elderly.
Are Residential Care Facilities for the Elderly Required to Have Liability Insurance?
Beginning on July 1, 2015, all RCFEs are required to maintain liability insurance in the
amount of at least $1,000,000 per occurrence and $3,000,000 annually to cover injuries to
residents or guests caused by the negligence of the facility owner or employees. (California
Health and Safety Code, Section 1569.605.)
Can a Residential Care Facility for the Elderly Care for Persons with Dementia?
Maybe. Some facilities offer special services to persons with dementia if they meet certain
licensing requirements. Make sure that the facility has experience in providing dementia care
and meets all of the state licensing standards to provide dementia care.
Will a Residential Care Facility for the Elderly Accept or Retain Someone Who Needs
Medical Care?
It will depend on the type and severity of the medical condition(s) and whether the facility
meets the state licensing standards for"restricted" health conditions. Some medical
conditions are not allowed in a Residential Care Facility for the Elderly (e.g., tube feeding, or
treatment of open bedsores). The facility must inform residents in writing at or before the
time of admission of any resident retention limitations set by the state or facility such as
whether the facility can serve persons who need help in leaving the building in case of
emergency (i.e., non-ambulatory) or with certain medical conditions (e.g., hospice
waiver). (California Health and Safety Code, Section 1569.269.)
What If My Medical Needs Increase, Can I Stay?
Maybe. Since a residential care facility is not licensed as a "medical'facility, persons
requiring tube feeding, treatment of open bedsores or 24-hour nursing care are not permitted
to reside in RCFEs. However, some RCFEs have permission to care for persons on hospice.
What Are The Qualifications For Staff?
Minimal Training: Administrators must take a 40—hour certification program, pass a simple
state exam, and obtain 40 hours of continuing education every two years. Staff must receive
at least 10 hours of training at the facility within 4 weeks of employment, and at least 4 hours
annually thereafter. For facilities advertising dementia care, staff must have 6 hours of
orientation specific to dementia care within the first 4 weeks, and at least 8 hours annually of
in—service training.
Beginning January 1, 2016, training requirements for Administrators and Staff will increase
significantly. The certification program for Administrators will increase to 80 hours (from 40),
and the state-proctored exam will increase to 100 questions (from 40). Staff training
requirements will be increased to 40 hours of training in the first year(currently 10 hours in
the first 4 weeks), and 20 hours of ongoing training each following year. Dementia care
training requirements will be increased, and required for all RCFE Staff (and not just for
those RCFEs that advertise dementia care). Training requirements for Staff who assist
residents with the self-administration of medication also will be increased. (California Health
and Safety Code, Sections 1569.23, 1569.616, 1569.62, 1569.69.)
Minimal Qualifications: Administrators must be 21 years of age and possess a high school
diploma or equivalent for facilities of 15 beds or less—these comprise over 80% of all
RCFEs. For facilities of 16 to 49 beds, the administrator needs 15 college credits; and for
facilities of 50+ beds, 2 years of college or 3 years experience, or equivalent education and
experience. Staff must only be 18 years of age and pass the criminal background check.
Note: Because RCFEs are non—medical facilities, there is no requirement for RNs, LVNs or
CNAs or any medically—trained personnel. Check on the qualifications of the administrator
and key staff.
Are There Staff Ratios?
There is not any specific staff to resident ratio for assisted living/residential care facilities.
California law requires that facility personnel shall at all times be sufficient in numbers,
qualifications, and competency to provide the services necessary to meet resident needs,
and to ensure their health, safety, comfort, and supervision. (California Health and Safety
Code, Sections 1569.269(a)(6), 1569.618(c); CCR, Title 22, Section 87411.)
There must be at least one administrator or designated substitute with qualifications
adequate to be responsible for the management and administration of the facility be on
premises 24 hours per day. (California Health and Safety Code, Section 1569.618(b).)The
facility must also have at least one staff member trained in CPR and first aid on duty and on
the premises at all times. (California Health and Safety Code, Section 1569.618(c).)
In regards to night supervision, for facilities with 15 or fewer residents, there must be one
"qualified" person on call and on the premises; in facilities with 16-100 residents, there must
be one person awake and on the premises, and another on call and capable of responding
within 10 minutes. (CCR, Title 22, Section 87415.)
What Does Residential Care for the Elderly or Assisted Living Cost?
The cost depends on a variety of factors such as the type of accommodations (e.g.,
apartment, private room, shared room), the range of services needed, and the geographic
area. The median monthly cost in California is$4,250, with costs ranging from a low of
around $1,000 a month for a resident on Supplemental Security Income (SSI) to a high of
$9,000 a month. Specialized services like dementia or hospice care are more costly.
Is There a Limit on How Much Facilities Can Raise Private Pay Rates?
No. Since residential care is a private business, providers will charge what the market will
bear. However, facilities must issue 60—day notices to increase rates, but can raise charges
for level of care changes immediately and provide notice within 2 working days. (See
CANHR's fact sheet on Admission Agreements.)
Can Facilities Charge a Pre—Admission Fee?
Yes. Some providers charge nothing or a minimum amount to cover costs of conducting an
assessment, obtaining medical records and setting up files. Others charge fees of thousands
of dollars. Demand a written description of what the fees cover. Negotiate the amount if too
high, or look for another facility. Facilities are prohibited from charging security deposits.
(See fact sheet on Admission Agreements.)
Who Pays the Bill for Residential Care for the Elderly or Assisted Living?
Most people must pay privately for care. Long-term care insurance only covers a very small
percentage of people. There is very limited public funding through Supplemental Security
Income (SSI) for RCFE residents who qualify for this program (see CANHR's fact sheet
on SSI in a RCFE). Unfortunately, the SSI rate is so low that fewer and fewer facilities will
accept persons on SSI.
Aid and Attendance is a benefit paid by Veterans Affairs (VA) to veterans, veteran spouses
or surviving spouses that may help pay for residential care. To learn more about Aid and
Attendance benefits, see CANHR's Fact sheet on Aid and Attendance.
Will Medicare or Medi—Cal Pay?
No. Because these are not medical facilities, neither Medicare nor Medi—Cal pays directly for
residential care/assisted living. There is a special program in 14 counties (Alameda, Contra
Costa, Fresno, Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San ,
Diego, San Joaquin, San Mateo, Santa Clara and Sonoma) —the Assisted Living Waiver
Program— in which Medi—Cal pays for eligible residents assessed to need nursing home
level care to live in an RCFE or public housing. (For more information, see CANHR's fact
sheet on Assisted Living Waiver (ALW)).
How do I Find Out About the Track Record of a Facility?
Upon request, a facility must show you the most recent copy of its latest inspection report
and a copy of any substantiated complaints within the past year. (Note: The frequency of
RCFE inspections will be increasing to once every 3 years by January 2017, once every 2
years by 2018, and annually by 2019.) The state regulatory agency, the Department of
Social Services, Community Care Licensing Division (CCL), posts only recent compliance
information on its website. The only way to view the complete facility record to is go to one
of the district offices of CCL and request to see the public record of the facility.
How Do I Find Out More About Residential Care for the Elderly?
You can contact the local District Office of Community Care Licensing to receive a listing of
facilities. Some Ombudsman Programs also have listings, offer pre-placement services, and
provide access to licensing reports.
For more information, see CANHR's RCFE fact sheets and Residential Care Guide— a
listing of all Residential Care Facilities for the Elderly in California. The Guide also provides
helpful information on services, staffing and costs for a growing number of facilities that have
responded to CANHR's RCFE Questionnaire.
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