HomeMy WebLinkAboutRes No 2474PLANNING COMMISSION RESOLUTION NO. 2474
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL THE APPROVAL OF A CONDITIONAL USE
PERMIT AND A PRECISE PLAN TO CONSTRUCT 121 SENIOR
COMMUNITY CARE AND HEALTHCARE UNITS WITH
DECORATIVE ARCHITECTURAL ELEMENTS UP TO 34 FEET
11 INCHES TALL ON 8.63 ACRES LOCATED ON THE
NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND
MONTEREY AVENUE AT 73-050 COUNTRY CLUB DRIVE. A
MITIGATED NEGATIVE DECLARATION RESULTING FROM AN
ENVIRONMENTAL ASSESSMENT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAS
BEEN PREPARED FOR THE PROPOSED PROJECT.
CASE NOS. CUP 07-17 AND PP 07-15
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of April, 2008, hold a duly noticed public hearing to consider the request
by the OAKMONT SENIOR LIVING, LLC, for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined
that the project as mitigated will not have a significant impact on the environment and a
Mitigated Negative Declaration 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 approval of said
Conditional Use Permit Request that:
1. The proposed location of the senior licensed assisted care residential
institution requiring a conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located;
2. The proposed design of the senior licensed assisted care residential
institution, as conditioned, is in accord with the objectives and policies of
the general plan and zoning ordinance and the purpose of the district in
which the site is located.
3. The proposed location of the senior licensed assisted care residential
institution and the conditions under which it will be operated and
maintained will not be detrimental to the public health, safety or general
welfare, or be materially injurious to properties or improvements in the
vicinity.
PLANNING COMMISSION RESOLUTION NO. 2474
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 approval of said
Precise Plan Request that:
1. In accordance with Municipal Code Section 25.73 Precise Plan, the
Planning Commission finds that if the proposed precise plan would
substantially depreciate property values in the vicinity or would
unreasonably interfere with the use or enjoyment of property in the vicinity
by the occupants thereof for lawful purposes or would endanger the public
peace, health, safety or general welfare, such plan shall be rejected or
shall be so modified or conditioned before adoption as to remove said
objections.
The proposed plan, as designed would upgrade, rather than
degrade or endanger, the appearance of the current vacant lot and
create a gateway statement. New landscape would formalize the
site and create compatibility with the adjacent surroundings.
2. The Planning Commission may also consider and take into account the
exterior architectural design, general exterior appearances, landscape,
color, texture of surface materials and exterior construction, shape and
bulk and other physical characteristics including location and type of
public utility facilities and, if it is found that the proposed precise plan of
design, including the considerations enumerated in this chapter would
interfere with the orderly development in the vicinity of the precise plan
area, or with the existing or proposed use thereof, such precise plan of
design shall be rejected or shall be so modified or conditioned before
approval as to remove the objections.
The proposed architectural style is iterated to convey a rich mixture
of modulated spaces with maximum attention given to detailing of
the architectural language in such a manner as to provide a lasting
positive contribution to the built environment. Where an approval
for architectural elements up to 34'11" in height is requested, the
architectural elements enhance the street presence. The proposed
materials and forms will render a unique and aesthetic appearance.
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.
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PLANNING COMMISSION RESOLUTION NO. 2474
2. That it does hereby approve Conditional Use Permit 07-17
Plan 07-15, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission, held on this 15th day of April, 2008, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CAMPBELL, TANNER, TSCHOPP
LIMONT, SCHMIDT
NONE
NONE
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
and Precise
Palm Desert
vote, to wit:
DAVID E. TSCHOPP, Cha e n
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PLANNING COMMISSION RESOLUTION NO. 2474
CONDITIONS OF APPROVAL
CASE NOS. CUP 07-17 AND PP 07-15
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 said project shall commence within one (1) 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. 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.
4. 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.
5. Applicant shall comply with each mitigation measure as identified in the Mitigated
Negative Declaration prepared March 26, 2008, summarized in the Staff Report
prepared for the Planning Commission meeting of April 15, 2008, and stated in
detail within the attached Initial Study comments.
6. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard or
Coachella Valley Multiple Species Conservation Plan, TUMF, School Mitigation
and Housing Mitigation fees.
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PLANNING COMMISSION RESOLUTION NO. 2474
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards. The plan must be prepared by a
qualified lighting engineer.
8. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10.
9. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning.
10. No trees shall be planted along the wall adjacent to the Merano homes on the
project's northern boundary.
Department of Public Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the City for
the life of the project, consistent with the Municipal Code provisions and the
approved landscaped plan.
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.
BONDS AND FEES
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
7. Storm drain 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.
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PLANNING COMMISSION RESOLUTION NO. 2474
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.
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. The applicant shall provide cobble and boulders as landscape for the adjacent
right turn pocket island and it shall match the cobble and boulders of the
landscape on site.
14. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with City standards including:
• Installation of 8' meandering sidewalk minimum 4' setback from back of
curb.
• 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.
CONSTRUCTION REQUIREMENTS
15. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
16. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
17. 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
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PLANNING COMMISSION RESOLUTION NO. 2474
for storm water discharges associated with construction. Developer must contact
Riverside County Flood Control District for informational materials.
SPECIAL CONDITIONS
17. Entrance to underground parking shall be posted for "No Visitor Parking,
Assigned Spaces Only".
18. Developer shall contribute proportionately for a landscaped center median on
Monterey Avenue adjacent to their project. The landscaped portion shall be
measured from the corresponding Oakmont Senior Living property lines
westward and a centerline down the median corresponding to the City of Palm
Desert city limit. Developer shall contribute a per square foot dollar amount as
determined by the Department of Public Works.
Building & Safety Department:
1. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054)
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 California Energy Code. Please
obtain a copy of the Ordinance for further information.
4. A disabled access overlay of the precise grading plan is required to be submitted
to the Dept of Building and Safety for plan review of the site accessibility
requirements as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter
10.
5. All entrances and exits of the common facilities must provide an accessible path
of travel to the public way. (CBC 1024.6 & 11276.1)
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
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PLANNING COMMISSION RESOLUTION NO. 2474
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
8. 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 fully accessible.
9. 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.
10. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
11. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). Compliance with
Ordinance 1006 regarding street address location, dimension, stroke of line,
distance from street, height from grade, height from 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 1006 from the Department of
Building and Safety counter staff.
12. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
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 Code, NFPA, CFC, and CBC 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 pressure must be
available before any combustible material is placed on the job site.
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PLANNING COMMISSION RESOLUTION NO. 2474
3. Provide or show that there exists a water system capable of providing a gpm flow
of 3000 gpm for commercial buildings.
4. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2
"x 21/2", located not less than 25' nor more than 165' from any portion of a multi-
family dwelling measured via vehicular driveway or 150' from a commercial
building measured via vehicular travel -way.
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.
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.
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single family residential use if kitchen is
installed in the main building.
11. All building 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 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. 2474
13. A dead end single access over 500' will require a secondary access, sprinklers
or other mitigative measures approved by the Fire Marshall. 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 form a main roadway or an emergency gate from an adjoining
development.
15. All buildings shall have illuminated addresses of a size approved by the city.
16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
17. Turn Around is required at the main building
18. Knox Box is required at the rear secondary access.
19. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
Coachella Valley Water District:
1. Plans for grading, landscaping, and irrigation systems shall be submitted to the
District for review to ensure efficient water management.
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