HomeMy WebLinkAboutRes No 27081
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PLANNING COMMISSION RESOLUTION NO. 2708
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF
DESIGN AND TENTATIVE TRACT MAP TO SUBDIVIDE 7.74 ACRES INTO
80 CONDOMINIUM UNITS, COMMON AREA AMENTITIES, AND A
FUTURE 1.3 ACRE COMMERCIAL PARCEL LOCATED AT THE
NORTHWEST CORNER OF FRANK SINATRA AND COOK STREET; AND
A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
CASE NOS: PP 17-035 AND TTM 37339
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of September 2017, hold a duly noticed public hearing to consider the request
by PD Realty LLC, for approval of the above -noted project request; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental
Quality Act," Resolution No. 2015-75, in the Director of Community Development has
determined that the project will not have a negative impact on the environment and that a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the proposed project conforms to the Subdivision Map Act; and
WHEREAS, the project conforms with the Planned Residential (PR-17) zone and
with the allowed 17 dwelling units per acre; and
WHEREAS, the project establishes a land use pattern that provides upscale housing
as well as open space and recreation uses. The high -quality architectural design with the
upscale amenities is compatible within the PR zone; and
WHEREAS, the General Plan encourages pedestrian connectivity and pedestrian
interaction. The project has homes that are front facing along Cook Street and Frank
Sinatra Drive allowing for public interaction. The project also provides pedestrian access
gates along Cook Street, which will allow for connectivity to the college and surrounding
uses by walking or biking.
WHEREAS, the project meets the intent and purpose of the Neighborhood Center
designation within the General Plan by reserving a 1.3-acre commercial parcel. When the
commercial parcel is developed, it will serve the residents of the community; 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
approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2708
Findings of Approval:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The property is designated Neighborhood Center (NC) within the General Plan. The
designation is to provide a concentration of commercial businesses within walking and
biking distances of neighborhoods. The goal is to have primarily neighborhood -serving
retail services with the addition of housing. The proposed project falls within the intent of
purpose of the NC designation by reserving a 1.3-acre commercial parcel. When the
commercial parcel is developed, it will serve the residents of the community.
A goal of the City is to provide a balanced range of housing types, densities that
accommodate existing and future residents across all socioeconomic sectors of the
community. The project complies with the General Plan and the density is consistent
with the surrounding area and with the zoning of 17 dwelling units per acre (du/acre).
There is no specific plan for the subject property.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the proposed subdivision have been reviewed by the
Planning Department, Economic Development, Fire Department, and Public Works
Department for consistency with the General Plan and emergency services. The street
and utility improvements, circulation patterns, and drainage improvements meet all
requirements of the General Plan. All existing perimeter streets are in conformance with
the General Plan. All internal project streets that serve Tentative Tract Map 37339
conform to City standards and are consistent with adjoining residential developments.
There are no specific plans for the property.
3. That the site is physically suitable for the type of development.
The 7.74 acres is suitable for the development proposed. Environmental and traffic
studies were prepared for the project area. No environmental or traffic concerns were
identified that would indicate that development in this area would be unsuitable. In
addition, existing commercial and residential developments have successfully
constructed similar types of development in the immediate vicinity. No obstacles to
development of surrounding subdivisions were experienced and, due to the proximity
and similarity of the proposed development, it's reasonable to conclude that the site is
physically suitable for it. The property is suitable for the proposed development as
conditioned and mitigated as described in the draft Initial Study and Environmental
Assessment.
4. That the site is physically suitable for the proposed density of development.
The property allows for 17 du/acre, and the project has a density of 12 du/acre. Directly
north of the property is an approved project for apartments at a density of 17 du/acre. As
proposed, the site layout and density are consistent with surrounding development.
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PLANNING COMMISSION RESOLUTION NO. 2708
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5. That the design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injury to fish
or wildlife or their habitat.
For purposes of CEQA, a Mitigated Negative Declaration of Environmental Impact has
been prepared. The design of the project will not cause substantial environmental damage
or injure fish or wildlife or their habitat since the surrounding area has been developed
with similar land uses. Environmental studies performed at the site did not identify any
endangered or sensitive species. In addition, the project will pay into the Coachella Valley
Multi -Species Habitat Conservation fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The design and layout of the 80 condominium units are in compliance with all grading
requirements and the properties will be developed in accordance with the Uniform
California Building Code. Grade changes in the community are accommodated by the
street layout and open space provided throughout the subdivision. Pedestrian access is
provided along Cook Street and to the future commercial parcel, which decreases the
need for vehicular traffic between adjoining properties.
7. 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.
The proposed project will construct a retention drainage basin located along the
northern boundary of the project. The tract map identifies the use of this area, and the
applicant is responsible for the maintenance of the retention. Surrounding perimeter City
streets are built -out to the General Plan designation and the developer will complete
minor improvements along Frank Sinatra Drive.
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 recommend approval of the Mitigated
Negative Declaration of Environmental Impact, Precise Plan of design, and
Tentative Tract Map 37339 as proposed.
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PLANNING COMMISSION RESOLUTION NO. 2708
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of September 2017, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
NANCY DE NA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2708
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CONDITIONS OF APPROVAL
CASE NO: PP 17-035 and TTM 37339
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 shall record Tract Map 37339 within two (2) years of project approval
unless a time extension is granted; otherwise, said approval shall become null, void and
of no effect whatsoever.
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 project and all Palm
Desert Municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
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. If the presence of cultural resources is identified in the cultural resources inventory, an
approved Native Cultural Resource Monitor shall be on site during ground disturbing
activities.
6. Should human remains be discovered during the construction of the proposed project,
the project coordinator will be subject to either the state law regarding the discovery
and disturbance of human remains or the Tribal burial protocol. In either circumstance
all destructive activity in the immediate vicinity shall halt, and the County Coroner shall
be contacted pursuant to State Health and Safety Code 7050.5. If the remains are
determined to be of Native American origin, the Native American Heritage Commission
(NAHC) shall be contacted. The NAHC will make a determination of the Most Likely
Descendent (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. 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.
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PLANNING COMMISSION RESOLUTION NO. 2708
9. 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.
10. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment
and Initial Study shall be incorporated into the planning, design, development, and
operation of the project.
11. A Precise Plan of Design will be required for future development on the 1.3 acre parcel.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Tract Map and any permits:
12. The tract map shall be submitted to the Director of Public Works for review and
approval.
13. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final tract map.
14. Restricted access control shall be designated along Cook Street on the final map.
15. Right-of-way as may be necessary for the construction of required public improvements
shall be provided on the tract map as needed.
16. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to the City of Palm Desert specifications.
17. The applicant shall submit covenants, conditions, and restrictions (CC&Rs)
concurrently with the final map for review and approval. Once approved by the City, the
CC&Rs shall be recorded with the County Recorder's Office.
18. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall be
paid prior to the recordation of the tract map.
19. 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.
20. The applicant shall construct a sidewalk along the perimeter of the proposed commercial
site.
21. Prior to City Council approval of Tract Map 37339, 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 all off -site improvements. Improvements
shall be in accordance with the development agreement and shall include, but are not
limited to:
A. Construction of an 8' curb adjacent sidewalk on Cook Street.
B. Construction of an 8' curb adjacent sidewalk on Frank Sinatra Drive.
C. The installation of a driveway for emergency access purposes on Frank Sinatra
Drive.
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PLANNING COMMISSION RESOLUTION NO. 2708
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Prior to the issuance of grading permits the applicant shall:
22. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil must be reviewed for approval prior to work commencing.
23. 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.
24. 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.
25. Identify all proposed and existing utilities on the precise grading plan.
26. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
27. The applicant shall stabilize the proposed commercial lot for PM10 mitigation after
rough grading.
BUILDING AND SAFETY DEPARTMENT:
28. 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 and 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. Title 24 California Code of Regulations.
I. 2016 California Fire Code and its appendices and standards.
29. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
30. An accessible 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.
31. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
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PLANNING COMMISSION RESOLUTION NO. 2708
32. 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.
33. All common use facilities, areas, amenities, etc. are required to comply with Chapter
11 B of the California Building Code.
34. 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.
35. 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.
36. 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.
37. 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 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.
38. 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:
39. Fire Department Plan Review. 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.
40. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
41. 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 issuance.
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PLANNING COMMISSION RESOLUTION NO. 2708
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42. 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 issuance.
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