HomeMy WebLinkAboutRes No 2641PLANNING COMMISSION RESOLUTION NO. 2641
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36816 AND
PRECISE PLAN/CONDITIONAL USE PERMIT 14-288 FOR A FOUR -UNIT
CONDOMINIUM PROJECT TOTALING 7,666 SQUARE FEET WITH
COMMON PARKING LOT AND LANDSCAPE IMPROVEMENTS LOCATED
AT 73-793 SHADOW MOUNTAIN DRIVE
CASE NO: PP/CUP 14-288 & TTM 36816
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of December, 2014, hold a duly noticed public hearing to consider the request
by Absolute Partners One, LLC, for approval of the above noted; and
WHEREAS, the parcel is located in the Residential Single Family (R-3) zoning
district which allows various housing types at higher population densities and lists
condominiums as a conditionally permitted use, and
WHEREAS, the proposed condominium development conforms to the development
standards listed in the City's Zoning Ordinance; and
WHEREAS, the construction of a condominium project within this portion of the
community is consistent with the uses of neighboring properties, in that a mix of
condominiums and apartments exists along this portion of Shadow Mountain Drive; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, the Director of Community Development has determined that the
project will not have a negative impact on the environment and qualifies as a Class 3
Categorical Exemption for the purposes of CEQA; 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 make the following findings to justify the approval of said request:
Findings for Approval:
1. That the proposed map is consistent with applicable general and specific plans,
as amended.
The proposed tentative tract map and condominium development is consistent
with the General Plan Land Use Designation for medium density residential. The
medium density residential designation allows for multi -family residential uses,
such as condominiums, to serve as a buffer between less dense single-family
residential developments and commercial developments. The project area
borders single-family development to the south and multi -family development to
the north. There is no specific plan for this development.
PLANNING COMMISSION RESOLUTION NO. 2641
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The proposal to subdivide this site does not require additional improvements
beyond what has already been installed at the site, with the exception of a public
sidewalk along Shadow Mountain Drive. The development and use of the site as
a four -unit condominium development is designed to, and is consistent with, the
General Plan and the City's Subdivision Ordinance. The design of the
condominium units is consistent with the development standards contained in
the City's Zoning Ordinance. There is no specific plan for this development.
3. That the site is physically suitable for the type of development.
The project area totals .31 acres and was previously developed with a small
three -unit apartment complex. The apartment complex has since been
demolished and the site has been graded. The site is suitable for use as a four -
unit condominium development, similar to the previous apartment use. Utilities
including water, electrical, sewer and gas are in place and surrounding
properties have successfully developed as condominiums and apartments.
Further division of this parcel will not change the layout of the parcel and can
accommodate a condominium project of this size.
4. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantial and avoidable injury to
fish, wildlife, or their habitat.
The creation of a condominium map will not cause substantial environmental
damage or injuries to fish or wildlife or their habitat since the site has previously
been graded and developed. Creation of new parcels at this site does not create
any new physical impacts on the environment.
5. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The proposal to create additional parcels along Shadow Mountain Drive at will
not create a physical change to the existing site and will not cause public health
problems. Each lot will have access to a private parking area and access to a
public street, and development of these lots as condominium units conforms with
the development of zoning district. The lots will not create serious public health
problems, as utilities are available to support the site, use of the properties for
condominium units is compatible with the surrounding properties, and mitigation
measures for dust control and noise will be enforced during any future
development of the lots.
6. 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.
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PLANNING COMMISSION RESOLUTION NO. 2641
The creation of new parcels at this site will not impact any public easements in
the surrounding area.
7. That the design of the subdivision or the type of improvements will not restrict
solar access to the property.
The project meets all development standard requirements for the Multi -family
Residential (R-3) zoning district. The design of the condominiums as single story
unit with adequate side and rear yard separation does not limit solar access on
the property.
8. That the proposed location of the conditional use is in accord with the objectives
of this title and the purpose of the district in which the site is located.
The purpose of the Multi -family Residential (R-3) zoning district is to provide
areas suitable for residents to live in a variety of housing types at high
population densities. The condominium project conforms with the objectives of
the zoning district as it provides a varied housing type that is similar to
surrounding residential properties. In addition, at four units, the condominium
project allows for a greater population density in close proximity to similar
residential uses and commercial uses.
9. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
The proposed location and development of condominiums at this site is similar in
operation to surrounding residential uses. As designed, and as conditioned, the
project will not be detrimental to the public health, safety, or welfare, as the
project is designed at an adequate height, provides sufficient off-street parking,
and provides for a drought -tolerant landscape design that, in combination with
the building architecture, adds aesthetic character to the surrounding properties.
10.That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed condominium development complies with all provisions of
P. D. M. C. Section 25.72.050 "Conditional Use Permit'; including the
development standards of the zoning district. An exception has been granted
reducing the off-street parking requirement from 10 parking stalls to 8 parking
stalls. The reduction was granted in accordance with Section 25.46.040B2 of the
Municipal Code as the Planning Commission found that the condominium use
was similar to an apartment type use and off-street parking requirements should
also be similar.
11.That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
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PLANNING COMMISSION RESOLUTION NO. 2641
The proposed condominium development complies with goals and objectives of
the City's General Plan, in that it provides a diverse range of housing options in
this portion of the City, while also preserving the character of the surrounding
residential community.
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
Planning Commission in this case.
2. That the Planning Commission does hereby approve Tentative Tract Map 36816
and Precise Plan and Conditional Use Permit 14-288, subject to conditions
attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the Palm
Desert, California, at its regular meeting held on this 16th day of December 2014, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, and GREENWOOD
NOES: NONE
ABSENT: STENDELL
ABSTAIN: NONE
ROGER ASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2641
CONDITIONS OF APPROVAL
CASE NO. TTM 36816, PP/CUP 14-288
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. Tentative Tract Map 36816 shall be recorded within two years from the date of final
approval unless an extension of time is granted; otherwise the map approval shall
become null, void and of no effect whatsoever.
3. Construction of said project shall commence within two years 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.
4. Any proposed changes to this Precise Plan will require an amendment, which will result
in a new public hearing.
5. The applicant shall submit Covenants, Conditions, and Restrictions (CC&R's) for the
proposed development to the City's Community Development Department prior to
issuance of a building permit to construct the condominium project.
6. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting
Ordinance.
Department of Public Works:
1. The tract map shall be submitted to the City Engineer for review and approval.
2. The final tract map shall record before the condominium plan as the map recording
information shall be referenced on the condominium plan. A sample copy of the grant
deeds relative to the conveyance of the units/lots shall be submitted to the Public
Works Department for review and approval prior to recording the condominium plan
and deeds.
3. For "Condominium Purposes" shall be shown on the final map.
4. The applicant shall submit CC&R's concurrently with the final map for review and
approval. Once approved by the City, the CC&R's shall be recorded with the County
Recorder's Office.
5. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to City of Palm Desert specifications.
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PLANNING COMMISSION RESOLUTION NO. 2641
Prior to the issuance of grading permits the applicant shall:
6. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior to
work commencing.
7. Identify all proposed and existing utilities on the precise grading plan.
8. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
9. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
10. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12
regarding Fugitive Dust Control.
11. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide when
designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient
Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
After the issuance of gradinq permits the applicant shall:
12. The existing driveway approach shall be removed and a new approach, curb and
gutter, and sidewalk shall be constructed to city standards.
Department of Building and Safety:
1. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2013 California Residential Code and its appendices and standards.
c. 2013 California Plumbing Code and its appendices and standards.
d. 2013 California Mechanical Code and its appendices and standards.
e. 2013 California Electrical Code.
f. 2013 California Energy Code
g. 2013 California Green Building Standards Code
h. Title 24, California Code of Regulations.
i. 2013 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2641
2. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
3. 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
2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
4. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206)
5. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and
11 B-705.1.2.2. 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 supersede the State requirement.
6. 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.
7. 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.
8. 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.
9. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
10. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
11. Please contact Cherie Williams, Building and Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
Fire Department:
1. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
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PLANNING COMMISSION RESOLUTION NO. 2641
2. The Fire Prevention Bureau is required to set a minimum fire flow for residential
building in accordance with the California Fire Code Appendix B. The developer shall
provide for this project, a water system capable of delivering 1,500 GPM at 20-PSI
residual operating pressure for a 2-hour duration for this project.
3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix C. Standard fire hydrants (6" x 4" 2'/2 outlets) shall be located on Fire
Department access roads and adjacent public streets. Hydrants shall be spaced at 500
feet apart at each intersection, and shall be located no more than 250 feet from any
point on the street of Fire Department access road(s) frontage to a hydrant for single
family dwellings and 350 feet apart at each intersection, and shall be located no more
than 210 feet from any point on the street or Fire Department access road(s) frontage
to a hydrant for multi -family projects. The required fire flow shall be available from any
adjacent hydrant(s) in the system.
4. The applicant shall furnish three copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation for all private water systems
pertaining to the fire service loop. Plans shall be signed by a registered civil engineer,
contain a Fire Prevention Bureau approval signature block, and conform to hydrant
type, location, spacing and minimum fire flow standards. Hydraulic calculations will be
required with the underground submittal to ensure fire flow requirements are being met
for the on -site hydrants. The plans must be submitted and approved prior to building
permits being issued (CFC Chapter 5 and Chapter 33).
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