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HomeMy WebLinkAboutRes No 2336PLANNING COMMISSION RESOLUTION NO. 2336 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM PR-7 TO PC-2 FOR 3.22 ACRES, A PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A MIXED USE RESIDENTIAL (33 SINGLE FAMILY LOTS) AND COMMERCIAL (30,550 SQUARE FEET) NEIGHBORHOOD COMMERCIAL CENTER PROJECT ON 8.63 ACRES AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE, 73-100 COUNTRY CLUB DRIVE. CASE NOS. C/Z 04-06. PP 04-32 AND TT 33120 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of June, 2005, hold a duly noticed public hearing to consider the request of ROBERT MAYER CORP.; 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. 04-106," in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Negative Declaration of Environmental Impact should be certified; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation of granting approval of said change of zone, precise plan and tentative tract map: CHANGE OF ZONE 1. The requested change of zone is consistent with the mixed use commercial / residential general plan designation. PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. PLANNING COMMISSION RESOLUTION NO. 2336 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The precise plan for the commercial portion of the project will be consistent with the PC-2 zoning, except for the minimum project size 3.22 acres versus 5 acres, the north building north setback, and the street setback of the north building 20 feet versus 32 feet from curb all of which can be approved as part of the "exception" process. TENTATIVE TRACT MAP 1. That the proposed project is consistent with applicable general plan as amended. 2. That the design or improvement of the proposed project is consistent with applicable general plan, the PR zoning, the PC-2 zoning except for certain provisions for which an exception is sought, and the medium density development standards per Resolution No. 05-16. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. WHEREAS, in the review of this tentative tract map the Planning Commission has considered the effect of the contemplated action on the housing needs of the 2 PLANNING COMMISSION RESOLUTION NO. 2336 region for purposes of balancing these needs against the public service needs of the residents of the city of Palm Desert and its environs, with available fiscal and environmental resources; and 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 a Negative Declaration of Environmental Impact, Exhibit A attached, be recommended to the City Council for certification. 3. That Precise Plan 04-32 and the above described Tentative Tract Map No. 33120 be recommended for approval to the City Council, including the commercial project size deficiency and the setback exceptions noted in the June 7, 2005 staff report, subject to the conditions, Exhibit B attached. 4. That Change of Zone 04-06 changing the zone for 3.22 acres at the northeast corner of Monterey Avenue and Country Club Drive from PR-7 to PC-2 be recommended to the City Council for approval, Exhibit C attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of June, 2005, by the following vote, to wit: AYES: JONATHAN, LOPEZ, TSCHOPP NOES: CAMPBELL, FINERTY ABSENT: NONE ABSTAIN: NONE DAVID E. TSCHOPP, Chairprsor" PHILIP DRELL; Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 2336 EXHIBIT A NEGATIVE DECLARATION CASE NOS: C/Z 04-06, PP 04-32 and TT 33120 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Robert Mayer Corp. c/o Larry Brose 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92660 A change of zone from PR-7 to PC-2 for 3.22 acres, a precise plan of design, tentative tract map and a Negative Declaration of Environmental Impact for a mixed use residential (33 single family Tots) and commercial (30,550 square feet) neighborhood commercial center project on 8.63 acres at the northeast corner of Monterey Avenue and Country Club Drive, 73-100 Country Club 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. y June 7. 2005 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 4 PLANNING COMMISSION RESOLUTION NO. 2336 EXHIBIT B CONDITIONS OF APPROVAL CASE NOS. PP 04-32 AND TT 33120 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Recordation of the final map shall occur within 24 months 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 Review 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. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 6. All onsite utilities shall be underground. 5 PLANNING COMMISSION RESOLUTION NO. 2336 7. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 8. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and School Mitigation fees. 9. That per Municipal Code Section 25.24.321 the dwelling on Lot No. 33 shall be single story with height not to exceed 18 feet. The design of the dwelling may be approved by the Director of Community Development. 10. That any parking lot lights in the north parking area shall be bollard type lights maximum four (4) feet in height and that there shall be no building mounted lights on the north ends of the buildings on Lot Nos. 34 and 35. 11. That the applicant shall construct a bus shelter to be installed on property located west of Via Scena on the north side of Country Club Drive. 12. That the applicant shall obtain approval of Waste Management and the Director of Community Development for location of all on -site trash enclosures. Trash enclosures shall not be located in the north row of parking in the north parking area (i.e., adjacent to the rear yards of the existing homes on Strada Fortuna). 13. That the owner shall record a deed restriction prohibiting a food store in excess of 15,000 square feet on Lot Nos. 34, 35 and 36 of TT 33120. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, and CBC and/or recognized fire protection standards. 6 PLANNING COMMISSION RESOLUTION NO. 2336 The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial 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 material is placed on the job site. 3. Provide, or show there exists, a water system capable of providing a gpm flow of 1,500 gpm for single family dwellings and 3,000 gpm for commercial buildings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4"x2-1 /2"x2-1 /2"), located not less than 25' nor more than 200' from any portion of a single family dwelling measured via vehicular travelway and 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 3000 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 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 CBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 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. 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 be not Tess 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 PLANNING COMMISSION RESOLUTION NO. 2336 of 150' shall be provided with a minimum 45' radius turn -around 55' in industrial developments. 11. 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". 12. 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. 13. All buildings shall have illuminated addresses of a size approved by the City. 14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. 16. All elevators shall be minimum gurney size. Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas shall be provided by the homeowners association for the residential portion and the property owner for the commercial portion. Landscape treatment shall be water efficient in nature and shall be in accordance with the City of Palm Desert landscape design standards. Applicant shall be responsible for executing a declaration of Conditions, Covenants and Restrictions, which declaration shall be approved by the City of Palm Desert and recorded with the County Recorder. The declaration shall specify: (a) the applicant shall oversee the formation of a property owners association; (b) the property owners association shall be formed prior to the recordation of the Map; and (c) the aforementioned landscaping shall be the responsibility of the property owners association. Landscaping plans shall be submitted for review simultaneously with grading plans. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 8 PLANNING COMMISSION RESOLUTION NO. 2336 3. The maintenance of the retention areas shall be by the homeowners association. BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to recordation of final map. 5. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN PLANS 8. Storm drain/retention area design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. Project is required to retain on -site a 25 year storm and conform to the Merano Drainage Master Plan. If the existing retention basin is used, then a sub -surface nuisance water retention/infiltration system shall be installed and the developer shall enter into a maintenance agreement with the owner of the basin. 9. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the public works department for improvements in the public right of way prior to issuance of any permits. 11. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 9 PLANNING COMMISSION RESOLUTION NO. 2336 14. Waiver of access to Monterey Avenue, and Country Club Drive, except at approved locations, shall be granted on the final map. 15. Project shall retain nuisance waters on -site. REQUIRED CONSTRUCTION 16. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 8' meandering sidewalk required on Monterey Avenue and Country Club Drive. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city with the recordation of the tentative map associated with this project. 17. (Left blank on original.) 18. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 19. Traffic safety striping shall be installed to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 20. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 21. All public and private improvements shall be inspected by the Department of Public Works. 22. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 23. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. 10 PLANNING COMMISSION RESOLUTION NO. 2336 SPECIAL CONDITIONS 24. Developer shall design and construct a signal at the Via Scena intersection with Country Club Drive and enter into a maintenance agreement for 25% of the signal maintenance costs. 25. Developer shall construct a landscaped center median on Monterey Avenue to the northerly extension of Tract 27882 in connection with the left-tum lane entering the project from southbound Monterey Avenue. Planning Commission determined that the developer should only be responsible for paying any amount over and above that contributed through the assessment district. // 11 VIA BARBAT_O W o > �� Q W I ig W F- 0 2 Subject Property City of Palm Desert STRADA NOVA ,'1 P.R. L7 1 1 1 COK7e L CORTE SOLD SAN MARCO i-Ts7-, Ab4 FORTUNA T i CORTF COUNTRY -CLUB -DR / P.C.-(2) \R; 218000(8) SAGE \co ts s1LKTREE. CT ORC j--- HIDTREE J�4 OWER I ;—v7cT f "roki Case No. C/Z 04-06 PLANNING COMMISSION P.R.-7 Proposed Zoning Change CHANGE OF ZONE EXHIBIT C P.R.-7 To P.C.(2) RESOLUTION NO. 2336 Date: June 7, 2005