HomeMy WebLinkAboutRes No 2655PLANNING COMMISSION RESOLUTION NO. 2655
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT
AMENDMENT, PRECISE PLAN, CHANGE OF ZONE, A PARCEL MAP WAIVER,
AND A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE EXPANSION OF THE LEGEND
GARDENS ASSISTED LIVING FACILITY, INCLUDING 15 NEW ASSISTED
LIVING UNITS AND 12 MEMORY CARE UNITS AT THE SOUTHWEST CORNER
OF CATALINA WAY AND SAN PASCUAL AVENUE
CASE NOS: DA/PP/CZ/PMW/EA 15-086
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of August, 2015, hold a duly noticed public hearing to consider the request by
Prospect Companies, for approval of the above noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 28th day of July, 2015, consider the architectural and landscape plans
for the expanded Legend Gardens and recommend approval of the plans to the Planning
Commission; and
WHEREAS, the proposed Change of Zone application to rezone two parcels along
San Pascual Avenue from Residential Single Family (R-1) to Residential Single -Family (R-
2) with a Senior Overlay (S.O.) conforms to the Palma Village Specific Plan, adopted by the
City Council on June 13, 1985, and which identified parcels on the west side of San Pascual
Avenue, south of Catalina Way, to be rezoned with the Senior Overlay District; 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, in that the Director of Community Development has determined
that the project will not have a negative impact on the environment and qualifies as a Class 32
(In -Fill Development) 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 find the following facts and reasons to exist to justify the approval of said request:
Findings for Approval:
1. That the proposed change of zone is consistent with the objectives of the Zoning
Ordinance and the adopted General Plan.
The Legend Gardens facility will expand by acquiring two adjoining parcels abutting
its existing eastern property line. These parcels are currently zoned Residential
Single -Family (R-1) on the City's Zoning Map. The proposal to change their zoning
designations from R-1 to Residential Single -Family (R-2) with a Senior Overlay
(S.O.) is consistent with the City's current General Plan which adopted the policies
contained in the Palma Village Specific Plan. The Palma Village Specific Plan
identified properties surrounding the City's Senior Center to develop for senior
PLANNING COMMISSION RESOLUTION NO. 2655
housing projects and to make zoning consistent with the multi -family character of
existing development west of San Pascual, while preserving the single-family zones
east of San Pascual.
The Legend Gardens expansion is also consistent with the City's Zoning Ordinance
provisions for the R-2 zoning district and S.O. zone. The expanded facility conforms
to the development standard for the R-2 zoning district, with the exception of an
adjustment to the front yard setback along Catalina Way. The development is single -
story in height and does not exceed the maximum building height of 18 feet. An
exception has been granted to reduce the front yard setback along Catalina Way
from 15 feet to 10 feet in order to ensure the expanded facility has a similar setback
as the existing facility. The adjustment to this setback is supported by the S.O. zone
which allows for flexibility in development standards for senior housing development.
In addition, the expanded facility complies with affordability requirements listed for
senior housing developments in the S.O. zone.
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 amendments to DA 15-086
and approved plans for the expansion of the Legend Gardens Assisted Living
Facility under applications DA/PP/CZ/PMW/EA 15-086, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 18th day of August, 2015, by the
following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
EIS STENELL, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2655
CONDITIONS OF APPROVAL
CASE NOS. DA/PP/CZ/PMW/EA 15-086
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 Development Agreement,
all Palm Desert Municipal ordinances, and state and federal statutes now in force, or
which hereafter may be in force.
3. The applicant shall furnish proof that the Development Agreement has been recorded
with the County of Riverside prior to the issuance of building permits for the
construction of the expansion of the Legend Gardens site.
4. 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.
5. The applicant shall comply with the recommendations made by the City's Architectural
Review Commission as provided for in their Notice of Action dated July 23, 2015,
including ensuring that HVAC units are properly screened.
6. Expansion and access to trash service areas shall conform with the approved plans
provided by Burrtec Waste Industries.
7. Storage of unregistered vehicles at the Legend Gardens parking lot is prohibited and
the applicant shall not allow vehicles to stay parked within the Legend Gardens parking
lot that are not registered in the State of California and/or do not have an owner with an
active and valid driver's license.
8. The applicant shall install a six-foot high block wall along the southern property line of
the expanded facility. The block wall shall match the existing block wall along the
southern property line of the existing Legend Gardens facility. Final wall plans shall be
submitted to the City's Community Development Department for approval prior to
issuance of a building permit to construct the wall.
9. The applicant shall work with Community Development staff on the final patio wall
design along the Catalina Way and San Pascual Avenue to ensure walls are consistent
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PLANNING COMMISSION RESOLUTION NO. 2655
with the City's Fence and Wall Ordinance and the existing patio walls along San Carlos
Avenue. Final wall design shall be for a decorative block wall not to exceed five (5) feet
in height. Final wall plans shall be submitted to the City's Community Development
Department for approval prior to issuance of a building permit to construct the wall.
10. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
11. 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.
12. The applicant shall receive approval and record a Parcel Map Waiver with the City and
Riverside County for the merger of the four parcels prior to issuance of a grading permit
for the parcels along San Pascual Avenue.
13. Upon completion of the new buildings the applicant shall repaint the exterior of the
existing Legend Gardens facilities to ensure that both new and old buildings match and
appear as a single facility.
DEPARTMENT OF PUBLIC WORKS:
14. 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.
15. The grading plan shall identify all proposed and existing utilities.
16. Proposed easement quitclaims/abandonments shall be recorded before grading permits
are issued.
17. A Parcel Map Waiver for the lot line adjustment shall be submitted for review and approval
to create a single parcel prior to grading permit issuance.
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 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.
21. 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.
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PLANNING COMMISSION RESOLUTION NO. 2655
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:
22. 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 Plumbing Code and its appendices and standards.
c. 2013 California Mechanical Code and its appendices and standards.
d. 2013 California Electrical Code.
e. 2013 California Energy Code.
f. 2013 California Green Building Standards Code
g. Title 24, California Code of Regulations.
h. 2013 California Fire Code and its appendices and standards.
23. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
24. 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 & B (as applicable) and Chapter 10.
25. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
26. 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.
27. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
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 Workers'
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
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PLANNING COMMISSION RESOLUTION NO. 2655
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 remodel or
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-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.
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. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property.
38. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet
in height and be located to the right side of fire riser sprinkler rooms.
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