HomeMy WebLinkAboutRes No 26991
1
1
PLANNING COMMISSION RESOLUTION NO. 2699
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND RECOMMENDING TO
THE CITY COUNCIL THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION AND A MITIGATION MONITORING AND REPORTING
PROGRAM; AND APPROVAL OF THE CONSTRUCTION OF A 384-UNIT
APARTMENT PROJECT WITH CLUBHOUSE, RECREATIONAL
AMENITIES, AND ROADWAY IMPROVEMENTS
CASE NO: PP/CUP/EA 16-394
WHEREAS, Lee Newell and New Cities Investment Partners, LLC propose to develop
384 dwelling units on an undeveloped 18.13 site, abutting James Carter Elementary School
and Venezia to the west with site improvements consisting of new two- and three-story
apartments, clubhouse building, and on -site recreational amenities ("Project"); and
WHEREAS, vehicular access to the site is provided along Hovley Lane East and street
improvements include the signalization of the intersection of Hovley Lane East and Jasmine
Court; and
WHEREAS, the site's proximity to an elementary school, public park, transit lines, and
employment centers is ideal for the development of an apartment project with an affordable
housing component; and
WHEREAS, the applicant has agreed to provide 20 percent (20%) of all units within
the development for very -low income qualified persons, and as such is eligible for a density
bonus provided by AB 2222 (Government Code section 65915 et seq.) and Palm Desert
Municipal Code Section (PDMC) 25.34.040; and
WHEREAS, 20 percent (20%) of the 384 units are reserved or lower -income
households; and
WHEREAS, under the density bonus provisions of the PDMC, the applicant is entitled
to a density bonus of 111 units, for a total of 426 units, which is more than the 384 units
proposed for this project. The Code also allows the applicant to request up to three (3)
concessions from the City's Zoning Ordinance; the agreed upon concessions incorporated
into the project entitlements are: 1) a reduced parking requirement; and 2) elimination of
certain development impact fees on the affordable units; and
WHEREAS, final approval of the project is contingent on developer entering into a
housing agreement (HA) with the City's Housing Department to finalize affordable housing
requirements as specified in project entitlements. The HA shall be signed and completed by
both the City and the developer prior to issuance of a Certificate of Occupancy.
WHEREAS, the project complies with the goals and policies contained in the City's
General Plan that promote affordable housing, promote a variety of neighborhoods, and
promote a mix of housing choice for current and future residents; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit.
PLANNING COMMISSION RESOLUTION NO. 2699
14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City
is the lead agency for the proposed Project; and
WHEREAS, City staff reviewed the Project and prepared an Initial Study pursuant to
State CEQA Guidelines section 15063 to determine if the Project could have a significant
effect on the environment; and
WHEREAS, on the basis of the Initial Study, which concluded that the Project would
have potentially significant impacts but that those impacts could be reduced to less than
significant levels with implementation of the proposed mitigation measures, the City
determined that a subsequent Mitigated Negative Declaration ("MND") should be prepared
for the Project, and an MND was prepared pursuant to Public Resources Code sections
21064.5 and 21080, subdivision (c), and the State CEQA Guidelines section 15070 et seq.;
and
WHEREAS, the City distributed a Notice of Intent to Adopt a MND pursuant to State
CEQA Guidelines section 15072 on July 25, 2017; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of June 2017, the 15th day of August 2017, and the 20th day of February 2018,
previously hold duly noticed public meetings where members of the public were afforded an
opportunity to comment on the Project; and
WHEREAS, the City determined that after public notice of availability of the MND had
been given, but prior to its adoption, new information was added to the MND to clarify and
amplify the MND, and revisions were added in response to comments on the Project's effects
identified in the proposed MND which are not new avoidable significant effects; and
WHEREAS, although revisions to the subsequent MND do not constitute substantial
revisions as the revisions did not identify any new, avoidable significant effects or require new
measures or revisions to reduce effects to less than significant, the City decided to recirculate
the MND pursuant to CEQA Guidelines section 15073.5 in an abundance of caution; and
WHEREAS, on February 1, 2018, the City recirculated the subsequent MND for public
review by distributing a second Notice of Intent to Adopt a subsequent MND pursuant to State
CEQA Guidelines section 15072; and
WHEREAS, the City provided copies of the revised draft subsequent MND and Initial
Study to the public and the State Clearinghouse for at least a 30-day review and comment
period beginning on February 2, 2018 and ending on March 5, 2018, pursuant to Public
Resources Code section 21091(b); and
WHEREAS, in order to align the public comment period with that of state agencies
and address public comment, the City extended the public comment period through March
14, 2018, and provided notice of the same; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA
Guidelines section 15074(d), the City has prepared a program for reporting on or monitoring
the changes which it has either required in the project or made a condition of approval to
2
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
mitigate or avoid significant environmental effects (the "Mitigation Monitoring and Reporting
Program" or "MMRP"), which is attached hereto as Exhibit "A"; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the proposed Project; and
WHEREAS, the City has endeavored to take all steps and impose all conditions
necessary to ensure that impacts to the environment would not be significant, which are
attached hereto as Exhibit "B"; and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, the Planning Commission has reviewed the MND, Initial Study, and all
other relevant information contained in the record regarding the Project; and
WHEREAS, on February 20, 2018, at its regular scheduled meeting, the public was
afforded an opportunity to comment on the Project and the MND and the Initial Study, and
the Planning Commission discussed and continued the Project, the MND and the Initial Study
until March 20, 2018; and
WHEREAS, on March 20, 2018, the Planning Commission, the public was afforded
an opportunity to comment on the Project and the MND and the Initial Study, and the Planning
Commission discussed and considered the Project and the MND and Initial Study; and
WHEREAS, the Planning Commission took action recommending approval of the
project to the City Council subject to building number four, identified in the Site Plan, being
reduced from three stories to two stories in height; 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:
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Compliance with the California Environmental Quality Act. As the
recommending body for the Project, the Planning Commission has reviewed and considered the
information contained in the MND, Initial Study, and administrative record on file with the City
and available for review at 73510 Fred Waring Drive, Palm Desert, California. The Planning
Commission recommends the City Council find that the MND and Initial Study have been
completed in compliance with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the
State CEQA Guidelines.
3
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
SECTION 3. Findinas on Environmental Impacts. In the City's role as the lead agency
under CEQA, the Planning Commission finds that the MND and Initial Study contain a complete
and accurate reporting of the environmental impacts associated with the Project. The Planning
Commission further finds that the documents have been completed in compliance with CEQA,
the State CEQA Guidelines, and City of Palm Desert local CEQA guidelines. The Planning
Commission further finds that all environmental impacts of the Project are either insignificant or
can be mitigated to a less than significant level pursuant to the mitigation measures outlined in
the MND, Initial Study, and the Mitigation Monitoring and Reporting Program. The Planning
Commission further finds that there is no substantial evidence in the record supporting a fair
argument that the Project may result in significant environmental impacts, and that any
comments received to date regarding the Project have been examined and determined not to
modify the conclusions of the MND or the Planning Commission. Furthermore, the Planning
Commission finds that the MND has not been substantially revised after public notice of its
availability and recirculation is not required. (State CEQA Guidelines, § 15073.5.) The Planning
Commission finds that the MND contains a complete, objective, and accurate reporting of the
environmental impacts associated with the Project and reflects the independent judgment of the
Planning Commission.
SECTION 4. Findinas on Conditional Use Permit. In recommending approval of this
project, the Planning Commission makes the following findings in accordance with
PDMC Section 25.72.050:
1. 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 Planned Residential (PR) zoning district is to provide areas
flexibility in residential development by encouraging creative and imaginative
design for the development of residential projects with densities between 4.0 to 40
dwelling units per acre and allows multi -family developments to be considered
through a Conditional Use Permit (CUP). The proposal to develop multi -family
housing with integrated affordable units at this location complies with the City's
goals and the objectives of the zoning designation, and the project's density
complies with the density limits established under the PR zoning district. In 1989,
the City approved a development agreement for the development of a 55-acre
community with an affordable housing component. Portions of the development
agreement (DA) have been executed and this portion of that project is
undeveloped. Development of the project site complies and exceeds the minimum
requirements established in the development agreement by providing additional
affordable housing units in compliance with the State's density bonus provisions.
2. 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 this project at this site will be monitored
and cared for by an on -site manager. Maintenance issues or resident complaints
can be addressed on -site. As designed, and as conditioned, the project will not be
detrimental to the public health, safety, or welfare, as the project is designed below
the maximum height permitted by the zone, contains significant landscape
4
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
screening along the southern property line to limit visual intrusion into surrounding
communities, and has landscape setbacks along the single-family community
bordering the project to the west. Similar multi -family apartments have been
constructed in the City and none have been detrimental to public health and safety.
Adequate off-street parking is provided at the site and the proximity of the project
to employment centers, schools, and City parks encourages walking and non -
motorized transportation. Roadway improvements along Hovley Lane East ensure
efficient traffic movements near the project site.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed development complies with the development standards of the PR
zoning district, including maximum building height, minimum unit sizes, and
setbacks. The City's parking requirements, listed under PDMC Section 25.46.040
requires a parking ratio of two (2) parking space per unit for 768 total parking
spaces. The project proposes a parking ratio of 1.82 space per unit, resulting in
699 total parking space. The applicant has requested a modification to the parking
standards in accordance with the State and City density bonus provisions. Other
apartment complexes have parking standards that are below the required 2 space
per unit, including the adjacent Canterra Apartments. To date, staff is not aware of
any on -going parking issues at existing apartment sites and the 1.82 ratio is
adequate to meet the parking needs of the proposed community.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's General Plan.
The proposed development complies with goals and objectives of the City's
General Plan, in that it provides affordable housing units in accordance with the
City's Land Use & Community Character and Housing Elements. The project
complies with the General Plan intent and purpose of the Town Center
Neighborhood designation by developing multi -family housing within walking
distance of commercial activities and meets several long-range goals of multi-
family housing by including the following: mixed affordability, recreational
amenities, a pedestrian focus, and affordable housing in proximity to transit and
educational facilities.
SECTION 5. Adoption of the Mitigated Negative Declaration. The Planning
Commission hereby recommends that the City Council approve and adopt the subsequent MND
prepared for the Project.
SECTION 6. Adoption of the Mitigation Monitoring and Reporting Program. The Planning
Commission hereby recommends that the City Council approve and adopt the Mitigation
Monitoring and Reporting Program prepared for the Project, attached hereto as Exhibit "A".
SECTION 7. Approval. The Planning Commission hereby recommends the City Council
approve and adopt the Precise Plan and Conditional Use Permit applications for the Project.
5
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
SECTION 8. Approval. The Planning Commission hereby recommends the City
Council approve and adopt the Project subject to the Conditions of Approval attached hereto as
Exhibit "B".
SECTION 9. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at 73-
510 Fred Waring Drive, Palm Desert, CA 92260. Ryan Stendell, the Secretary to the Palm
Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 10. Notice of Determination. The Planning Commission recommends that, if
the City Council approves the Project, that the City Council directs Staff to file a Notice of
Determination with the County of Riverside and the State Clearinghouse within five (5) working
days of any Project approval.
SECTION 11. Execution of Resolution. The Chairperson of the Planning Commission
sign this Resolution and the Secretary to the Commission shall attest and certify to the passage
and adoption thereof.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 20th day of March 2018, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
JOSEPH PRADETTO, CHAIRPERSON
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
6
G\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
1
1
1
Section
Number
4. Biological
Resources
Section
Number
5. Cultural
Resources
Mitigation Measures
BIO-1: The applicant shall ensure that any
construction activities that occur during the nesting
season (February through August) will require that
all suitable habitats be thoroughly surveyed for
presence of nesting birds by a qualified biologist
before commencement of clearing. If any active
nests are observed, construction activities must be
prohibited within a 500-foot buffer around the nest
until the nestlings have fledged. All construction
activity within the vicinity of active nests must be
conducted in the presence of a qualified biological
monitor. Construction activity may encroach into the
buffer area at the discretion of the biological
monitor.
Mitigation Measures
CR-1: If during the course of grading or
construction, artifacts or other cultural resources are
discovered, all grading on the site shall be halted and
the applicant shall immediately notify the City
Planner. A qualified archaeologist shall be called to
the site by, and at the cost of, the applicant to
identify the resource and recommended mitigation if
the resource is culturally significant. The
archaeologist will be required to provide copies of
any studies or reports to the Eastern Information
Center for the State of California located at the
University of California Riverside and the Aqua
Caliente Tribal Historic Preservation Office (THPO)
for permanent inclusion in the Agua Caliente
Cultural Register.
CR-2: The presence of an approved Native
American Cultural Resource Monitor(s) shall be
required during any ground disturbing activities
(including archaeological testing and surveys).
Should buried cultural deposits be encountered, the
monitor may request that destructive construction
halt and the monitor shall notify a qualified
archaeologist (Secretary of the Interior's Standards
and Guidelines) to investigate and, if necessary,
EXHIBIT "A"
MITIGATION MONITORING AND REPORTING PROGRAM
The Sands Apartments
Mitigation Monitoring and Reporting Program
Responsible for
Monitoring
Developer
Planning
Department
Qualified Biologist
Responsible for
Monitoring
Developer
Planning
Department
Qualified
Archaeologist
Developer
Timing
Prior to any
ground
disturbance
Impact after
Mitigation
Less than
significant
The Sands Apartments
Mitigation Monitoring and Reporting Program
Initial Study/Mitigated Negative Declaration
January 2018
Impact after
Mitigation
Planning
Department
Qualified Native
American Cultural
Resource Monitor
7
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
Timing
During grading
and other
ground
disturbing
activities
During grading
and other
ground
disturbing
activities
Less than
significant
Less than
significant
PLANNING COMMISSION RESOLUTION NO. 2699
Section
Number
Mitigation Measures
prepare a mitigation plan for submission to the State
Historic Preservation Office and the Agua Caliente
Tribal Historic Preservation Office (THPO). The
archaeologist will be required to provide copies of
any studies or reports to the Eastern Information
Center for the State of California located at the
University of Riverside and the Agua Caliente
THPO for permanent inclusion in the Agua Caliente
Cultural Register.
16. TRA 1: The applicant is responsible for the
Transportation installation of the traffic signal at Hovley Lane East
and the Project's entrance, prior to completion of
Project construction.
TRA 2: The applicant will participate in the funding
or construction of off -site improvements through the
payment of the Transportation Uniform Mitigation
Fees (TUMF) and City of Palm Desert Development
Impact Fees (DIF), or a fair share contribution as
directed by the City. These fees, required as standard
conditions, assist in alleviating cumulative impacts.
The Sands Apartments
Mitigation Monitoring and Reporting Program
Initial Study/Mitigated Negative Declaration
January 2018
Responsible for Impact after
Monitoring Mitigation
Developer
Planning
Department
Developer
Planning
Department
Timing
Prior to project Less than
completion Significant
Prior to Less than
grading and Significant
other ground
disturbing
activities
8
G:\Planning\Monica OReilly\Planning Commission \2016\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
1
1
1
EXHIBIT "B"
CONDITIONS OF APPROVAL
CASE NO. PP/CUP/EA 16-394
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 applicant agrees that in the event of any administrative, legal or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
Developer and City each shall have the right, in their sole discretion, to elect whether or
not to defend such action. Developer, at its sole expense shall defend, indemnify, and
hold harmless the City (including its agents, officers and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to Developer's
approval of counsel, which shall not be unreasonably denied, and at Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify
Developer and cooperate in the defense. Developer upon such notification shall deposit
with City sufficient funds in the judgment of City Finance Director to cover the expense
of defending such action without any offset or claim against said deposit to assure that
the City expends no City funds. If both Parties elect to defend, the Parties hereby agree
to affirmatively cooperate in defending said action and to execute a joint defense and
confidentiality agreement in order to share and protect information, under the joint
defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. Developer
and City shall each have sole discretion to terminate its defense at any time. The City
shall not settle any third party litigation of Project Approvals without Developer's consent,
which consent shall not be unreasonably withheld, conditioned or delayed, unless
Developer materially breaches this indemnification requirement.
3. 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 standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The applicant shall enter into a Housing Agreement (HA) with the City's Housing
Department to finalize affordable housing requirements as part of this project. No less
than 20% of all units within the project shall be available at affordable rents as specified
in the HA. The HA shall be signed and completed by both the City and the applicant prior
to issuance of a Certificate of Occupancy.
5. 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:
9
G:\Planning\Monica OReiIly\Planning Commission \2018\Resolutions \Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
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.
6. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by the applicable waste company and Department of
Community Development and shall include a recycling program.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. The project is subject to the Art in Public Places program. The applicant is encouraged
to utilize the fee for installation of an on -site art piece. Please contact Ms. Deborah
Glickman at (760) 346-0611 to discuss the Art in Public Place process.
9. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease and a
qualified archeologist meeting Secretary of Interior standards shall be hired to assess
the find. Work on the overall project may continue during this assessment period. If
significant Native American cultural resources are discovered that require a Treatment
Plan, the developer or his archeologist shall contact the Morongo Band of Mission
Indians. If requested by the Tribes, the developer or archeologist shall, in good faith,
consult on the discovery and its disposition.
10. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
11. A minimum of an eight -foot landscape setback shall be provided along the shared
property line with the Venezia community to the west. No carports, garages, or other
physical parking structures shall be installed within this landscape setback.
12. All mitigation measures identified in the CEQA Environmental Assessment and Initial
Study shall be incorporated into the planning, design, development, and operation of the
project.
13. Final landscape plans shall be submitted to the City's Department of Community
Development and the CVWD for review and approval. The landscape plan shall conform
to the landscape palate contained in the preliminary landscape plans prepared as part of
this application, and shall include dense plantings of landscape material. All plants shall
be a minimum of five gallons in size, and trees shall be a minimum of 24-inch box sizes.
14. The applicant shall plant a double -row of shade trees in the landscape setback abutting
the southern property line of the project. The double row of trees shall be identified on
the landscape plan.
10
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
15. The applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC) and as specified in the ARC Notice of Action dated March
31, 2017.
16. The applicant shall reduce building number four, as identified in the site plan, from three -
stories to two -stories.
DEPARTMENT OF PUBLIC WORKS:
17. 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.
18. The grading plan shall identify all proposed and existing utilities.
19. The applicant shall submit a PM10 application for approval. The applicant shall comply with all
provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
15. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
16. 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 a grading permit, the Operation
and Maintenance Section of the approved final WQMP shall be recorded with the County's
Recorder Office and a conformed copy shall be provided to the Department of Public Works.
17. 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.
18. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site improvements.
Improvements shall include, but are not limited to:
A. The installation of a deceleration lane on Hovley Lane East.
B. The installation of a traffic signal at the intersection of Hovley Lane East and Jasmine
Lane. This intersection shall accommodate crosswalks. The applicant shall intercept
existing fiber optic cable from Portola Avenue to Corporate Way.
C. Remove existing median island between The Sands entry and the existing Canterra
Apartments entry, reconstruct a pavement section, and install a two-way left turn lane.
D. The eastern access to The Sands should provide a stacking distance for a minimum
of four exiting vehicles and still maintain adequate circulation for inbound traffic.
E. Curb returns on Hovley Lane East must have a minimum radius of 25 feet.
F. The width of the exit lane at the eastern access of The Sands shall be a minimum of
24 feet.
11
G:\Planning\Monica OReilly\Planning Commission \2016\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
BUILDING AND SAFETY DEPARTMENT:
20. This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Residential Code its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. 2016 California Administrative Code.
I. 2016 California Fire Code and its appendices and standards.
20. Provide building height and area analysis to determine compliance with CBC Section
503. Justify any area increases to height and area as permitted per CBC Sections 504
and 506
21. Submit an exit plan that labels and clearly will show compliance with all required egress
features such as, but not limited to, common path of travel, the required number of exits
and separation, occupant load, required width, continuity, travel distance, elevators, etc.
CBC 1001.1
22. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
23. 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 11 A & B (as applicable) and Chapter 10.
24. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
25. 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.
26. 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.
27. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to the Department of Building and Safety.
Pools and Spas for public use are required to be accessible.
28. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
12
G:\Planning\Monica OReilly\Planning Commission \2018\Resolutions\Res. No. 2699 The Sands Apartments.docx
PLANNING COMMISSION RESOLUTION NO. 2699
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 the street, height from grade, height
from the 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 Department of Building & Safety Cherie Williams, Building Permit
Specialists II, at the Department of Building and Safety (760-776-6420) regarding the
addressing of all buildings and/or suites.
FIRE DEPARTMENT:
32. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuances.
33. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuances.
13
G:\Planning\Monica OReilly\Planning Commission\2018\Resolutions\Res. No. 2699 The Sands Apartments.docx