HomeMy WebLinkAboutRes No 2495PLANNING COMMISSION RESOLUTION NO. 2495
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A REQUEST BY URBAN HOUSING LLC, FOR
A CHANGE OF ZONE (CZ), A TENTATIVE PARCEL MAP (TPM), AND A
PRECISE PLAN (PP) OF DESIGN TO ALLOW THE CONSTRUCTION OF
144 AFFORDABLE HOUSING UNITS WITH AMENITIES. THE
PROPOSAL WILL CHANGE THE ZONE FROM PLANNED COMMUNITY
DEVELOPMENT (PCD) TO PLANNED RESIDENTIAL 14 DWELLING
UNITS PER ACRE (PR-14) AND SUBDIVIDE AN 11.8 ACRE PARCEL
INTO TWO (2) LOTS TO ACCOMMODATE FUTURE CHILDCARE
FACILITY NOT A PART OF THE PROJECT. THE PROPOSED PROJECT
IS LOCATED ON THE SOUTH SIDE OF 35TH AVENUE BETWEEN
GATEWAY DRIVE AND CORTESIA WAY (C STREET), ALSO KNOWN
AS APN 694-130-005. A MITIGATED NEGATIVE DECLARATION
RESULTING FROM AN ENVIRONMENTAL ASSESSMENT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAS
BEEN PREPARED FOR THE PROPOSED PROJECT AND IS ON FILE IN
THE CITY OF PALM DESERT PLANNING DEPARTMENT.
CASE NOS. CZ/TPM/PP 08-191
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of December, 2008, hold a duly noticed public hearing to consider the
request by Urban Housing, 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 (See Resolution Exhibit A); 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
Change of Zone that:
In accordance with the Palm Desert Municipal Code 25.24, an applicant may
request a change of zone to a PR zone by filing a petition along with a precise
plan and supporting documentation, in accordance with Section 25.24.060 of the
Municipal Code. If, after a public hearing, the Planning Commission approves the
petition, the change of zone and precise plan are subject to approval by the City
Council.
In accordance with Municipal Code Section 25.84.060 Action by the planning
commission, the Planning Commission shall make a specific finding as to
PLANNING COMMISSION RESOLUTION NO. 2495
whether the change is consistent with the objectives of the zoning ordinance and
shall recommend that the application be granted, granted in modified form, or
denied. The denial of the request by the planning commission shall be
considered final unless appealed.
Staff finds that a change of zone from the currently prescribed Planned
Community Development (PCD) zone to the requested Planned
Residential zone of 14 dwelling per acre is consistent with the objectives
of the zoning ordinance with respect to its proposed density, height,
architecture, parking, and recreational open space requirements, as
specified in the analysis portion of the staff report. (See Resolution Exhibit
A "Change of Zone").
While the development proposes a medium to high density to be
constructed on the property, it conforms to the restriction of the PR zone
of providing at least 40% of useable recreational open space. An exhibit
illustrating the calculations for the proposed hardscape, building footprints
and parking versus the remaining areas that are at 13% grade or less is
attached to this report as an exhibit. (See Resolution Exhibit C "Area
Comparison Plan").
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 in accordance with Title 26 Subdivisions of the Municipal Code as
per Section 26.20.100 the following facts and reasons to exist to justify approval of said
Tentative Parcel Map that:
1. The subdivision will be consistent with the applicable general plan, as it
meets the findings for land use designation Policy 9, for the University
Park planning area and the findings for the "High Density Overlay Zone".
Also it provides a housing product type in an area of the city where it can
meet the needs for the workforce responding to the commercial, industrial
and university uses in proximity.
2. The design and improvements are consistent with the general plan. The
design accommodates an affordable density while remaining in harmony
with the types of businesses and community plans approved for the area.
3. The site is physically suitable for this type of development. The site is a
gently sloping area which is suitable for the stepped aspect of the
buildings.
4. The site is physically suitable for this type of proposed density. The site
is capable of carrying this type of compact housing product as it abuts the
commercial Monterey Avenue corridor and is planned adjacent to a K-8
school.
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PLANNING COMMISSION RESOLUTION NO. 2495
5. The design of the subdivision or the proposed improvements is not likely
to cause substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat. A Mitigated Negative
Declaration is attached to the request which concludes that there are no
significant impacts to the environment.
6. That the design of the subdivision or the type of improvements is not
likely to cause serious public health problems. A Mitigated Negative
Declaration is attached to the request which concluded that there would
be no significant public health problems associated with the approval of
the project.
7 That the design of the subdivision or the type of improvements will not
conflict with recorded public easements, for access through, or use of,
property within the subdivision. The following recorded access -ways
apply: 18-foot city right-of-way on 35th avenue, 18-foot right of way on
Gateway Drive, and 12-foot right of way on Cortesia Street. There are
existing water mains and sewer lines down the center of Gateway and 35th
Avenue. The project has been analyzed by the City's Public Works
Department, the Coachella Valley Water District, and the County's Fire
and Police Departments.
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 may find that if the proposed precise plan would
substantially depreciate property values in the vicinity; 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 and as conditioned, would
upgrade rather than depreciate the appearance of the current
vacant lot and would create desired housing for the work force. The
proposed architectural style would be refreshing and add visual
variety to the streetscape. New plant materials in the landscape
would formalize the site and create compatibility with the adjacent
surroundings.
The Planning Commission may also consider 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. If the
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PLANNING COMMISSION RESOLUTION NO. 2495
Planning Commission were to find that the proposed precise plan of
design, including the considerations enumerated in the Code would
interfere with the orderly development in the vicinity of the precise plan
area, it could reject or modify the precise plan or condition its approval as
to remove the objections.
The proposed architectural style exhibits a variety of modulated
spaces. Maximum attention is given to the detailing of the
architectural language so as to provide a lasting positive
contribution to the built environment. Where there are roof pitches
up to 29'5" feet in height, the maximum roofline height occupies
only 21% of the entire appearance. The added height relieves the
"long -box" horizontality of the buildings. The proposed materials
and forms will render a unique and aesthetic appearance to the
surrounding streetscape.
The proposed trim, fascia and wall surface colors are muted so as
to not detract from the desert environment. The proposed
combination of landscape and architecture, rather than interfere,
would add versatility to the development of the vicinity.
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 it does hereby recommend to the City Council approval of Change of
Zone, Tentative Parcel Map, Precise Plan 08-191, subject to conditions
attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of December, 2008, by the following vote,
to wit:
AYES: CAMPBELL, CAMPBELL, SCHMIDT, TANNER
NOES: LIMONT
ABSENT: NONE
ABSTAIN: NONE
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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VAN G. TANNER, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2495
CONDITIONS OF APPROVAL
CASE NOS. CZITPM/PP 08-191
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 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.
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 November 12, 2008, summarized in the Staff Report
prepared for the Planning Commission meeting of December 2, 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, Coachella Valley Multiple
Species Conservation Plan, TUMF, School Mitigation and Housing Mitigation fees.
7. A detailed outdoor path 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.
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PLANNING COMMISSION RESOLUTION NO. 2495
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. The proposed size and enclosures for trash must accommodate at minimum one
trash and one recycle bin. Construction of all trash/recycling enclosures must meet
Palm Desert Municipal Code Chapter 8.12 standards. The City and Burrtec must
review and sign off on the plans in relation to the placement and number of
trash/recycling enclosures. Review of the plans by Burrtec will ensure that vehicle
circulation for its trucks is adequate to service the complex.
11. A bus pad will be required at a minimum of 10 feet wide and 15 feet long for a bus
shelter at the southeast corner of Gateway and 35th Avenue as per the Director of
Special Programs.
12. Prior to final approval of the change of zone, the applicant shall enter into a
housing agreement with the City of Palm Desert establishing the percentage of
housing units in the project that shall be maintained as affordable to households
with incomes between 25% and 60% of the area median income. The
affordability percentage shall be 100% as proposed by the applicant, unless a
lesser percentage is deemed acceptable by the City Council. However, in no
event shall the affordability percentage be less than 20%. The agreement shall
also establish the terms of affordability, and include provisions requiring
recordation of the affordability restrictions against the subject property.
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).
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PLANNING COMMISSION RESOLUTION NO. 2495
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. Any 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.
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 27
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. 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 6-foot sidewalk with dedication or easement
• 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
14. All private grading and paving improvements shall be inspected by the Department
of Public Works and no occupancy permit shall be granted until the improvements
have been completed.
15. 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.
16. 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
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PLANNING COMMISSION RESOLUTION NO. 2495
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
17. Complete parcel map shall be submitted as required by ordinance to the Director of
Public Works and for checking and approval, and recorded conveying day care site
to the city, prior to the issuance of any permits.
18. Applicant shall show good faith effort to coordinate grading and fencing issues with
the Palm Springs Unified School District for their southerly property line.
19. Access onto Gateway Drive shall have emergency entrance only, and exit only
for residents with appropriate signage.
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 as required per the
City of Palm Desert Code Adoption Ordinance 1145.
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 11A & B (as applicable) and Chapter 10.
5. All exits must at common area facilities shall provide an accessible path of travel to
the public way. (CBC 1024.6 & 1127B.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 an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
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PLANNING COMMISSION RESOLUTION NO. 2495
7. Provide an accessible path of travel to the trash enclosures.
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 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 in job site.
3. Provide or show there exists a water system capable of providing a gpm flow of:
a. 2500 gpm for multi family dwellings
b. 5000 gpm for commercial buildings (recreation house)
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 no more than:
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PLANNING COMMISSION RESOLUTION NO. 2495
a. 165 feet from any portion of a multifamily dwelling measure via vehicular
travelway.
b. 150 feet from any portion of a commercial building measured via vehicular
travelway.
5. Water plans must be approved by the Fire Marshall 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 Marshall shall approve the
locations of all post indicator valves and fire department connections. All valves and
connections shall not be less than 25 feet form the buildings and within a 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. All buildings shall be accessible by an all-weather roadway extending to within 150
feet of all portions of the exterior walls of the first story. The roadway shall not be
less than 24 feet of unobstructed width and 13 feet 6 inches of vertical clearance.
Where parallel parking is required on both sides of the street the roadway must be
36 feet wide and 32 feet wide with parking on one side. Dead end roads in excess of
150 feet shall be provided with a minimum 45 foot radius turn around, 55-feet in
industrial developments.
10. Whenever access in private property is controlled thought use of gates barriers or
other means provisions shall be made to install a "Knox -Box" key override system to
allow for emergency vehicle access. Minimum gate width shall be 16 feet with a
minimum vertical clearance of 13 feet 6 inches.
11. A dead end single access over 500 feet will require a secondary access, sprinklers
or other mitigative measures approved by the Fire Marshall. Under no circumstance
shall a dead end over 1300 feet be accepted.
12. A second access is required. This can be accomplished by two main access points
from a main roadway or an emergency gate form an adjoining development.
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 Marshall for approval prior to construction.
15. Conditions subject to change with adoption of new codes, ordinances laws, or when
buildings permits are not obtained within twelve months.
16. Sprinkler systems installed shall be NFPA 13R in living space and NFPA 13 in all
attic spaces.
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PLANNING COMMISSION RESOLUTION NO. 2495
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.
2. Additional comments from Coachella Valley Water District are included as last
attachment.
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