HomeMy WebLinkAboutRes No 2366PLANNING COMMISSION RESOLUTION NO. 2366
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 CHANGE
OF ZONE FROM S.I. (SERVICE INDUSTRIAL) TO PR-13
(PLANNED RESIDENTIAL, 13 UNITS PER ACRE), A PRECISE
PLAN/CONDITIONAL USE PERMIT INCLUDING A HEIGHT
EXCEPTION UP TO A MAXIMUM OF 34 FEET 6 INCHES,
AND A TENTATIVE TRACT MAP FOR CONDOMINIUM
PURPOSES TO CONSTRUCT 247 RESIDENTIAL
CONDOMINIUM UNITS ON A 20-ACRE SITE AT THE
NORTHEAST CORNER OF 35TH AVENUE AND GATEWAY
DRIVE, 73-600 35TH AVENUE.
CASE NOS. C/Z 05-03, PP/CUP 05-22 AND TT 34179
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th day of December, 2005, hold a duly noticed public hearing to consider the
request of SUMMIT PROPERTIES for approval of the above described project; 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. 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 change of zone, the precise plan / conditional use
permit and height exception, and the tentative tract map for condominium purposes
as described below:
Chanae of Zone:
The proposed change of zone is consistent with the General Plan Update
approved March 15, 2004.
Precise Plan/Conditional Use Permit and Heiaht Exception:
1. The design of the project is consistent with the goals and objective of the
Planned Residential zone and the amended Palm Desert General Plan as
recommended for approval by the Planning Commission.
2. As conditioned, the project will be compatible with adjacent uses and will
not depreciate property values in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2366
3. The precise plan/conditional use permit will not endanger the public
peace, health, safety or general welfare.
Tentative Tract Map 34179 for condominium purposes:
The plan as designed complies with the municipal code requirements for
residential condominium projects.
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 the Planning Commission does hereby recommend approval to the
City Council of C/Z 05-03 as shown on Exhibit "A" (attached), PP/CUP
05-22 including a height exception to allow units 28-34 feet 6 inches in
height and TT 34179, subject to conditions (Exhibit "B" attached).
3. A Negative Declaration of Environmental Impact is hereby recommended
for certification (Exhibit "C" attached).
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of December, 2005, by the following vote,
to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: NONE
ABSTAIN: JONATHAN
�TEST�
PHILIP DRELL, Vecretary
Palm Desert Planning Commission
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Case No. C/Z 05-03
CHANGE OF ZONE
EXHIBIT A
Subject
Property
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P.R.-5
S.I.
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Proposed
Zoning
Change
S.I.
To
P.R.-13
PLANNING COMMISSION
RESOLUTION NO. 2366
Date: 12-06-05
PLANNING COMMISSION RESOLUTION NO. 2366
EXHIBIT "B"
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 05-22 AND TT 34179
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. 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 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. 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 applicable trash
company and Department of Community Development.
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PLANNING COMMISSION RESOLUTION NO. 2366
6. All sidewalk plans shall be reviewed and approved by the department of public
works prior to architectural review commission submittal.
7. Final landscape plans shall comply with the parking lot tree planting master plan
and shall be approved by the Architecture Review Commission.
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 applicant shall enter into a Housing Agreement with the City agreeing
to make up to 20% of the project units available to the City Housing Authority
at a specified price with the intent that the Housing Authority will write down
mortgages to make these units available to "moderate" income households and
apply resale controls to keep the units affordable into the future.
10. In addition to the minimum energy efficiency standards set forth in the current
edition of Title 24 California Administrative Code (CAC), the project shall
incorporate the energy efficiency features as specified in the memorandum from
Pat Conlon (Office of Energy Management) dated November 28, 2005 (attached
hereto as Exhibit D).
Department of Public Works:
GENERAL
1. Landscaping maintenance of any common areas and property frontages shall be
provided by a homeowners association, shall be water 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 Map; and (c) the
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PLANNING COMMISSION RESOLUTION NO. 2366
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.
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 the incremental 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.
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PLANNING COMMISSION RESOLUTION NO. 2366
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.
14. Any entry gates for the project shall be set back 100 feet from the curb -line of the
adjacent street, or as approved by the Director of Public Works.
15. Waiver of access to 35th Avenue and Gateway Drive, 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 including the following, or as approved by the Director of Public
Works.
• Full improvement of 35th Avenue and Gateway Drive as shown on the
plans.
• Project shall install appropriate storm drain facilities on 35th Avenue and
Gateway Drive.
• Project shall pay for one fourth of the signalized intersection of 35th
Avenue and Gateway 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.
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PLANNING COMMISSION RESOLUTION NO. 2366
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
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.
SPECIAL CONDITIONS
23. Project may be required to provide other traffic mitigation measures, as deemed
necessary by the city engineer for the project entries and exits.
24. Appropriate documentation shall be provided prior to issuance of grading
permits for the retaining walls along the project boundary shown to be
constructed by others, including sufficient calculations to show that the existing
retaining wall can support the additional surcharge of any proposed
improvements of this project.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Code, NFPA, CFC and CBC or
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.
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PLANNING COMMISSION RESOLUTION NO. 2366
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 potential
gallon per minute flow of 2500 gpm for commercial buildings and 3000 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 (if applies),
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. 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.
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 (100 spr heads).
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K"
type fire extinguisher is required in all commercial kitchens. (For clubhouse
only.)
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2366
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. 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.
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.
(If applies, 100 heads.)
Note: Some conditions may not apply. If buildings change from this conceptual plan,
other conditions may apply.
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PLANNING COMMISSION RESOLUTION NO. 2366
EXHIBIT "C"
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: C/Z 05-03, PP/CUP 05-22 and TT 34179
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
Summit Properties
2082 Michelson Drive, Suite 100
Irvine, CA 92612
A change of zone from S.I. (Service Industrial) to PR-13 (Planned Residential, 13 units
per acre), a precise plan/conditional use permit including a height exception up to a
maximum of 34 feet 6 inches, and a tentative tract map for condominium purposes
to construct 247 residential condominium units on a 20-acre site at the northeast
corner of 35th Avenue and Gateway Drive, 73-600 35th Avenue.
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.
e ber 6, 2005
PHILIP DR LL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 2366
Smith, Steve
EXHIBIT D
From: Conlon, Pat
Sent: Monday, November 28, 2005 10:17 AM
To: Smith, Steve
Subject: Conditions of Approval
Office of Energy Management.
In ADDITION to the minimum energy efficiency standards set forth in the current edition of Title 24 Calif. Administrative
Code (CAC) the project shall incorporate the following energy efficiency features.
1) Architectural design for energy conservation shall incorporate structural overhangs, or architectural projections, for
shading of all eastern, southern and western facing glazing. Where shading by architectural design is unfeasible in these
locations, glazing shall consist of the following:
a) Thermal break design window and/or door frames.
b) U factor of .40 or less (NFRC tested)
c) SHGC value of 0.35 or less (NFRC tested)
2) All vented attics shall have a radiant barrier roof sheathing installed per Title 24 CAC 2005 edition.
3) All flat or low sloped exterior roof surfaces shall have a Cool Roof reflective coating.
4) HVAC equipment minimum standards:
a) Fuel type: All heating shall be by natural gas.
b) Furnace efficiency to be a minimum AFUE rating of 80%
c) SEER: 14.0 minimum
d) EER : 11.5 minimum
e) HSPF: 8.0 minimum.
f) Duct insulation shall be R-6 or better.
g) All ducts shall be pressure tested for leakage conforming to current standards in Title 24 CAC 2005 edition.
5) Energy Star Appliances. If provided by the developer, all the following appliances shall be Energy Star rated:
a) Dishwashers
b) Refrigerators
c) Clothes Washers
d) Clothes Dryers ( Must be Natural Gas only)
e) Ceiling fans
f) Exhaust fans
6) Lighting: Lighting in all laundry rooms, utility rooms, mechanical rooms, closets and garages shall be fluorescent
controlled by a manual - on, automatic - off occupancy sensor. All common area landscape lighting shall be fluorescent.
7) All common area public pools and spas shall have solar water heating conforming to current Plumbing Code and Solar
Energy Code standards. Natural gas heaters for the common area public pools and spas are permitted with a AFUE of
.92% minimum.
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