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HomeMy WebLinkAboutRes No 2080PLANNING COMMISSION RESOLUTION NO. 2080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A CHANGE OF ZONE FROM PR- 10 TO PR-11 AND A PRECISE PLAN OF DESIGN FOR A MAXIMUM ADDITION OF 82 NEW SINGLE STORY UNITS (32 CASITAS AND 50 ASSISTED LIVING) WITH THE EXISTING 22 ASSISTED LIVING UNITS CONVERTED TO AN ALZHEIMER FACILITY WITHIN THE EXISTING BUILDING. NEW UNITS TO BE CONSTRUCTED ON THE WESTERLY 7.7 ACRES OF THE EXISTING FOUNTAINS AT THE CARLOTTA SITE AT 41-505 CARLOTTA DRIVE. CASE NOS. C/Z 01-03 AND PP 01-07 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of May, 2001, hold a duly noticed public hearing which was continued to June 19 and July 17, 2001, to consider the request of The Fountains for approval of a negative declaration of environmental impact for a precise plan of design for a change of zone from PR-10 to PR-1 1 and a precise plan of design for a maximum addition of 82 new single story units (32 casitas and 50 assisted living) with the existing 22 assisted living units converted to an Alzheimer facility within the existing building. New units to be constructed on the westerly 7.7 acres of the existing Fountains at the Carlotta site at 41-505 Carlotta Drive; 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. 00-24," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; WHEREAS, at said public hearing, 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 recommending approval of said request: 1. The zone change is consistent with the general plan amendment. 2. The precise plan is consistent with the intent and purpose of the Planned Residential zone. 3. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2080 4. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 5. The precise plan will not endanger the public peace, health, safety or general welfare. 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 Commission in this case. 2. That Change of Zone 01-03 (Exhibit B attached hereto) and Precise Plan 01-07 are hereby recommended for approval to City Council, subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact, Exhibit A attached, is recommended for certification. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of July, 2001, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELLJSecretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2080 CONDITIONS OF APPROVAL CASE NO. PP 01-07 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development and shall include a recycling program. 6. Each casita unit shall have designated a parking space under a carport. 7. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Method of compliance shall be established prior to completion of the Architectural Review Commission process. 3 PLANNING COMMISSION RESOLUTION NO. 2080 8. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 9. That commercial deliveries shall only occur Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. 10. That parking lot lighting and lighting mounted on the building exteriors shall be mounted below the top height of the adjacent perimeter wall to the west and south. All lighting shall comply with Ordinance 826 which regulates outdoor lighting. 11. That trash collection shall occur only Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. 12. That all delivery vehicle engines be shut off if a truck is parked more than five minutes. Post accordingly inside receiving area. 13. That horn blowing for all delivery vehicles is prohibited. Post accordingly. 14. That loud talking and radio playing associated with delivery vehicles is prohibited. Post accordingly. 15. That the applicant shall implement the redesign of the south entry gate to minimize noise created when the gate opens and closes and make the gate operate in an efficient manner. 16. That all employees shall park on -site and that the entry gate shall remain open during employee shift changes so as to minimize the number of gate movements. 17. That the applicant shall continue to work with the County Fire Department to assure that emergency vehicles turn off their emergency lights when they arrive at the location and that emergency vehicles while serving the facility will park in the service area parking lot area. 18. That delivery vehicles shall park only in the service area parking lot. 4 PLANNING COMMISSION RESOLUTION NO. 2080 19. That the applicant shall work with all delivery vehicle owners/operators to assure compliance with Condition No. 9 above relating to commercial delivery hours. 20. That the project shall comply with all requirements of the planned residential (PR) zone requirements. 21. That the site plan be revised to delete the proposed north access gate. 22. That the curbs on either side of the mid site entrance gate be painted red for a distance of 40 feet in each direction to improve sight lines. 23. That the maximum number of special events shall be limited to 12 per year and that attendees shall be encouraged to park onsite. Applicant shall limit the number of invited outside guests to the number of on -site parking spaces typically available during the time of the event. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a g rading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79- 55, shall be paid prior to issuance of a grading permit. 3. Any storm drain/retention basin construction associated with this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 5. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 7 Proposed building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. 5 PLANNING COMMISSION RESOLUTION NO. 2080 8. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at time of building permit issuance. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust (PM10) Control as well as Section 24.20, Stormwater Management and Discharge Control. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, NFPA, UFC, and UBC or any recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4" x 2- 1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 5. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water - flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 6 PLANNING COMMISSION RESOLUTION NO. 2080 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a hood/duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 11. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn -around (55' in industrial developments). 12. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over -ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 13. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 14. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 15. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 16. All buildings shall have illuminated addresses or contrasting colors of a size approved by the City. 17. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 18. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 19. Fire Marshal needs some type of secondary access. 7 PLANNING COMMISSION RESOLUTION NO. 2080 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: C/Z 01-03 AND PP 01-07 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: The Fountains 2020 W. Rudisill Road Tucson, AZ 85709 A change of zone from PR-10 to PR-1 1 and a precise plan of design for a maximum addition of 82 new single story units (32 casitas and 50 assisted living) with the existing 22 assisted living units converted to an Alzheimer facility within the existing building. New units to be constructed on the westerly 7.7 acres of the existing Fountains at the Carlotta site at 41- 505 Carlotta Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. 17 2001 PHILIP DRE L DATE DIRECTOR F COMMUNITY DEVELOPMENT 8 eitya f 9a6in .0eaed EMPCFX 1 HOVLEY Case No. C/Z 01-03 e of Zone EXHI ID IT 1:) ANE EAS Proposed Zoning Change P.R.-10 to P.R.-11 PLANNING COMMISSION RESOLUTION NO, 2080 Date: 7-17-01