HomeMy WebLinkAboutRes No 2361PLANNING COMMISSION RESOLUTION NO. 2361
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, A GENERAL
PLAN AMENDMENT FROM C-R/H (RESORT/HOTEL
COMMERCIAL) TO R-M/R-HO (MEDIUM DENSITY/HIGH
DENSITY OVERLAY), A CHANGE OF ZONE FROM R1M
(SINGLE FAMILY/MOBILE HOME RESIDENTIAL) TO PR-9
AND PR-19 (PLANNED RESIDENTIAL NINE UNITS PER
ACRE AND 19 UNITS PER ACRE), A PRECISE PLAN OF
DESIGN AND A TENTATIVE TRACT MAP FOR A 758-UNIT
RESIDENTIAL PROJECT (608 CONDOMINIUM/ SINGLE
FAMILY UNITS AND 150 APARTMENT UNITS) ON 79.6
ACRES AT THE NORTHEAST CORNER OF FRANK
SINATRA DRIVE AND GERALD FORD DRIVE, 76-000
FRANK SINATRA DRIVE.
CASE NOS. GPA 05-02. C/Z 05-02. PP 05-12 AND TT 33837
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
the 6th day of September, 2005, hold a duly noticed public hearing which was continued
to October 18, 2005, to consider the request of TAYLOR WOODROW, INC. and
EMERALD BROOK, for approval of the above described project; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for ImpIementation of the California Environmental Quality Act,
Resolution No. 05-52," in that the Director of Community Development has determined that
the project will not have an adverse impact on the environment and a Negative Declaration
of Environmental Impact has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify recommending to City Council
approval of the general plan amendment, change of zone, precise plan, and tentative
parcel map as described below:
General Plan Amendment and Change of Zone:
The proposed residential project will provide much needed housing units within
close proximity to the California State University and University of California on the
west side of Gerald Ford Drive.
Precise Plan of Design:
1. The design of the project is consistent with the goals and objectives of the
Planned Residential zone and the Paim Desert General Plan.
PLANNING COMMISSION RESOLUTION NO. 2361
2. As conditioned, the project will be compatible with adjacent uses and will not
depreciate property values in the vicinity.
3. The precise plan will not endanger the public peace, health, safety or general
welfare.
Tentatve Tract Map 33837:
The plan as designed complies with the municipal code requirements for residential
condominium/single family projects.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Paim Desert, California, as foliows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend approva to the City
Council of GPA 05-02 as shown on Exhibit A attached, C/Z 05-02 as shown
on Exhibit B attached, PP 05-12 including a height exception to 26 feet for
the apartment portion ofthe project, and TPM 33837.
3. A Negative Declaration of Environmental Impact as shown on Exhibit C
attached is hereby recommended for certification.
PASSED, APPROVED and ADOPTED at a reguar meeting of the Paim Desert
Planning Commission, held on this l8th day of October, 2005, by the foliowing vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
PHILIP DRELI4, Secr?:tary
Paim Desert Pranning Commission
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DAVIDE.TSCHOI n
PP. ChairDers'
PLANNING COMMISSION RESOLUTION NO. 2361
CONDITIONS OF APPROVAL
CASE NOS. PP 05-12 AND TT 33837
Department of Community Development:
1. The development ofthe property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the foliowing
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 Iimitations 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
foliowing agencies:
Coachella Valley Water District
Paim 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 buliding and safety at the time of issuance of a building permit
for the use contemplated herewith.
5. Applicant shall participate in a commercial recycling program as determined by the
City Environmental and Conservation Manager and applicable Waste Disposal
Company. Access to trash/service areas shall be placed SO as not to conflict with
parking areas. Said placement shall be approved by apphcable trash company and
Department of Community Development.
6. AU sidewaik plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
7. Final Iandscape plans shall comply with the parking lot tree planting master plan
and shall be approved by the Architecture Review Commission.
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PLANNING COMMISSION RESOLUTION NO. 2361
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 the apartment project shall remain as an apartment project in perpetuity.
10. That the construction of the units in both projects shall comply with the mitigation
measures identified in the Structural Acoustical Analysis prepared July 28, 2005 by
Investigative Science and Engineering.
11. That the applicant shall construct a bike path to City specifications in between the
railroad and the north limit of the project.
12. That the tandem parking spaces shall have a minimum dimension of 10 feet by 37
feet.
13. That no part of Tentative Tract Map 33837 shall record prior to issuance of grading
permits for units in that particular phase.
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.
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 2,500 gpm for multifamily
dwellings.
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PLANNING COMMISSION RESOLUTION NO. 2361
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
(4"x2-1 /2"x2-1 /2"), located not Tess than 25' nor more than 200' from any
portion of a single family dwelling measured via vehicular travelway and 165'
from any portion of a multifamily dwelling 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. Please be advised the proposed project may not be feasible since the existing water
mains will not meet the required fire flow.
7. 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 and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
8. All valves controlling the water supply for automatic sprinkler systems and Water -
flow switches shall be monitored and alarmed per CBC Chapter 9.
9. Install a fire alarm system as required by the UBC Chapter 3.
10. 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.
11. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all
public and private cooking operations except single-family residential usage.
12. 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 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.
13. 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".
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PLANNING COMMISSION RESOLUTION NO. 2361
14. 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 1,300' be accepted.
15. 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.
16. 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.
17. All buildings shall have illuminated addresses of a size approved by the City.
18. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
Department of Public Works:
GENERAL
1. Landscaping maintenance of any common areas and property frontages shall be
provided by a homeowners association and or property owner, shall be water mill
efficient in nature and 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 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.
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.
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PLANNING COMMISSION RESOLUTION NO. 2361
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.
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 the increase in flows for a 100 year storm.
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.
1 1 . 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.
14. Any entry gates for the project shall be set back 100 feet from the curb -line of
the adjacent street.
15. Waive of access to Frank Sinatra and Gerald Ford Drives, except at approved
locations, shall be granted on the final map.
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.
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PLANNING COMMISSION RESOLUTION NO. 2361
• Maintain, replace and construct -where necessary, matching sidewalk on
Frank Sinatra and Gerald Ford Drives.
• Construct and instal a landscaped center median on Gerald Ford Drive
•
where adjacent to project.
Construct 10-foot wide bike path along northern and eastern boundary
to connect with Frank Sinatra Drive.
Project shall install appropriate storm drain facilities on Gerald Ford and
Frank Sinatra Drives.
Project shall provide a signalized intersection at the project entry on Frank
Sinatra Drive, pay for half of the signalized intersection at Frank Sinatra
and Gerald Ford Drives, and bond for half of a future signal at the
apartment entry on Gerald Ford Drive.
Rights -of -way necessary for the installation of the above referenced
improvements shall be dedicated to the City prior to the issuance of any permits
associated with this project.
17. 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.
18. 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.
19. 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.
20. All public and private improvements shall be inspected by the Department of
Public Works.
21. 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.
22. Prior to the start of construction, the applicant shall submit satisfactory
evidence to the Director of Public Works of intended compliance with the
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PLANNING COMMISSION RESOLUTION NO. 2361
//
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.
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City of Palm Desert
GENERAL PLAN AMENDMENT
EXHIBIT A
Proposed
GPA
COMMERCIAL,
RESORT
To
RESIDENTIAL,
MEDIUM DENSITY/
HIGH DENSITY OVERLAY
Case No. GPA 05-02 PLANNING COMMISSION
RESOLUTION NO. 2 f 1
Date: 10-18-05
7
2
P.R.-3.5 —
P.C.D.
P.R.-5
P.R.-5
FRKNK-SIFlFA-TRA-DE
44.50.1t*
►1MEn',
P.R:15 \Wt
x�SLONEDilZ
City of Palm Desert
P.R.
-3.5
P.R.-3
Proposed
Zoning Changes
R-1-M
To
P.R.-9
R-1-M
To
P.R.-19
Case No. C/Z 05-02 PLANNING COMMISSION
RESOLUTION NO. 2361
CHANGE OF ZONE
EXHIBIT AB Date. 10-18-05
PLANNING COMMISSION RESOLUTION NO. 2361
EXHIBIT C
Pursuant to Title 14, Division 6, Article 6 (commencing with section 1 5070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO4: GPA 05-02, C/Z 05-02, PP 05-12 AND TT 33837
APPLICANT/PROJECT SPONSOR:
Taylor Woodrow, Inc.
15 Cushing
Irvine, CA 92618
PROJECT DESCRIPTION/LOCATION:
Emerald Brooks LLC
1 100 Quail, #102
Newport Beach, CA 92660
A Negative Declaration of Environmental Impact, a General Plan Amendment from C-R/H
(Resort/hotel Commercial) to R-M/R-HO (Medium Density/high Density Overlay), a Change
of Zone from R1 M (single family/mobile home residential) to PR-9 and PR-19 (Planned
Residential nine units per acre and 19 units per acre), a Precise Plan of Design and a
Tentative Tract Map for a 758-unit residential project (608 condominium/ single family units
and 150 apartment units) on 79.6 acres at the northeast comer of Frank Sinatra Drive and
Gerald Ford Drive, 76-000 Frank Sinatra 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.
_o • - r 18.2005
PHILIP DILL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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