HomeMy WebLinkAboutRes No 2653PLANNING COMMISSION RESOLUTION NO. 2653
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A
NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND APPROVAL OF A NEW
20,559-SQUARE-FOOT MEMORY CARE FACILITY CONSISTING OF
62 BEDS LOCATED AT 73-825 LARREA STREET
CASE NO: PP/CUP 15-128
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of September, 2015, hold a duly noticed public hearing to consider the
request by Larrea Partners, LLC, for approval of the above noted project request; 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 proposed project request is categorically exempt under Article 19 Section 15332 In -
Fill Development Projects (Class 32) of the CEQA; therefore, no further environmental
review is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
Commission did find the following facts and reasons, which are outlined in the staff
report, exist to justify the approval of said request:
FINDINGS FOR APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the zoning ordinance and the purpose of the district in which it is
located.
The proposed location of the project is located in the R-3 Residential Multiple
Family zone. The purpose of the zone is to provide suitably located areas for
residents to live in a variety of housing types at high population densities
consistent with sound standards of public health and safety. The use of a
memory care facility is allowed in the zone, subject to the Planning
Commission approving a Conditional Use Permit (CUP) to assure land use
compatibility and density within the surrounding neighborhood.
The project is located in south Palm Desert where there is a mix of residential
developments. The use of the memory care facility as proposed and designed
meets the zoning ordinance and the purpose of the district. The facility will
blend into an established residential neighborhood offering a low intensity
use, which would not cause for any negative disturbances within the
PLANNING COMMISSION RESOLUTION NO. 2653
neighborhood. The project does not physically divide an existing community,
and does not conflict with any applicable land use plan, policy, or regulation
outlined in the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under
which it will 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 use will not generate or cause any disturbances within the
surrounding area. The business would not be detrimental to the public
interest, health, safety, welfare, and materially injurious to properties in the
vicinity. No known toxins, combustibles, or environmental hazards will be
introduced by the proposed use. Based on consideration of the whole, the
proposed project is in accordance with the Palm Desert Municipal Code in
regards to land use.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
The memory care facility as conditioned and designed meets the provisions of
the zone. The project complies with all building setbacks, lot coverage,
building height, and parking of the City's Zoning Ordinance as described in
the staff report. The nature of the proposed use is compatible with
surrounding land uses, and offers a low -intensity use to the neighborhood.
There are no variances or adjustments required for approval.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
The General Plan land use designation for the site is "Medium Density
Residential." One of the primary objectives stated in the Land Use Element of
the General Plan is appropriate residential development that includes single
family, condominiums, garden apartments, and affordable housing. The intent
of this designation is to encourage development of a wide variety of dwelling
unit types at moderate densities. The proposed 31 units on a 40,521-square-
foot parcel would be considered a highly dense project if the use were
apartments and/or condominiums. Residential care facilities are designed to
be dense, because the residents remain strictly on -site and the City does not
want to create an abundance of residential care facilities in one area. Staff
has determined that the proposed density is sufficient and meets the intent of
a residential care facility.
Goal 2 of the Commercial Land Use Goals and Policies states "A pattern of
commercial land uses conveniently and appropriately distributed throughout
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PLANNING COMMISSION RESOLUTION NO. 2653
Imo
the City, meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses."
The use as proposed and conditioned would complement the other uses
within the area. The use would not create traffic, noise, and parking impacts.
If residents within apartment buildings have social gatherings with loud music,
it could extend into the later evening hours, which would disturb the
surrounding neighborhood. The proposed facility would operate in a different
fashion and is considered to be very low intensity in regards to noise and
disturbances to the neighborhood.
This project maintains a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is consistent with the General
Plan in respect to the proposed business and with the uses in the vicinity.
NOW, THEREFORE, BE IT ORDAINED 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 the project as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 1st day of September,
2015, by the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
KE STEND, ' , C r IRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2653
CONDITIONS OF APPROVAL
CASE NOS: PP/CUP 15-128
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. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to the approved project and all
Palm Desert Municipal ordinances and state and federal statutes now in force, or
which hereafter may be in force.
3. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or
clearance from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
5. Developer shall install a five (5)-foot high decorative block wall along Larrea Street
15 feet from back of curb as previously approved by the Architectural Review
Commission.
6. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
7. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
8. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
9. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals.
10. No more than sixteen (16) employee vehicles shall be parked on site at one time.
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PLANNING COMMISSION RESOLUTION NO. 2653
11. The memory care facility shall have a registered nurse on staff 24 hours a day.
12. If the City adopts an ordinance for emergency medical responses for residential
care facilities before the applicant is issued the Certificate of Occupancy for the
building, the applicant shall be required to pay the emergency response fee.
DEPARTMENT OF PUBLIC WORKS:
13. The applicant shall 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.
14. The grading plan shall identify all proposed and existing utilities.
15. The applicant shall construct or enter into an agreement and post security, in a form
and amount acceptable to the City Engineer, guaranteeing the construction of off -site
improvements.
16. The applicant shall construct a 6' curb adjacent ADA compliant sidewalk on Larrea
Street.
17. An encroachment permit shall be obtained from the Public Works Department prior
to beginning off -site improvements.
18. The applicant shall submit a PM10 application for approval. The applicant shall
comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding
Fugitive Dust Control.
19. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
20. The applicant shall submit a final Water Quality Management Plan (WQMP) for
approval. The WQMP shall identify the Best Management Practices (BMPs) that will
be used on the site to control predictable pollutant runoff. Prior to the issuance of
grading permit, the Operation and Maintenance Section of the approved final
WQMP shall be recorded with County's Recorder Office and a conformed copy shall
be provided to the Public Works Department.
21. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with
Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number
653.
22. A parcel map waiver for lot line adjustment shall be submitted for review and
approval to create a single parcel prior to grading permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 2653
23. The applicant shall 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.
BUILDING AND SAFETY DEPARTMENT:
24. 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.
25. Coordinate directly with the Riverside County Fire Marshal's Office at (760) 346-
1870 for required application, plans and specifications.
26. A disabled access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11A & 11B (as applicable) and Chapter 10
Means of Egress.
• All exits must provide an accessible path of travel to the public way. (CBC
1027.5 & 11B-206)
• Detectable warnings shall be provided where required per CBC 11B-
705.1.2.5 and 11B-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.
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PLANNING COMMISSION RESOLUTION NO. 2653
27. All trash enclosures are required to be accessible. Provide an accessible path of
travel to the trash enclosure. A detail is available in the City of Palm Desert's
Building and Safety website at www.cityofpalmdesert.orq.
28. 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.
29. 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.
30. 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.
31. 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:
32. 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.
33. The Fire Prevention Bureau is required to set a minimum fire flow for the
construction of all residential buildings per CFC Appendix B. The developer shall
provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI
residual operating pressure for a two (2)-hour duration.
34. The developer 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 flows standards. Hydraulic
calculation 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 permit being issued.
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PLANNING COMMISSION RESOLUTION NO. 2653
35. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the
Fire Prevention Bureau. These plans must be submitted prior to the issuance of
building permits.
36. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of alarm plans must be submitted by the installing contractor to the Fire
Prevention Bureau prior to issuance of building permits.
37. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of alarm plans must be submitted by the installing contractor to the Fire
Prevention Bureau prior to issuance of building permits.
38. A "Knox -Box" shall be provided and shall be installed a minimum of six (6) feet in
height and be located to the right side of fire riser sprinkler rooms.
39. All manual and electronic gates on required Fire Department access road or gates
obstructing Fire Department access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel.
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