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HomeMy WebLinkAboutRes No 27101 1 1 PLANNING COMMISSION RESOLUTION NO. 2710 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES FOR THE CONSTRUCTION OF 49 GARAGE/STORAGE UNITS WITHIN TWO BUILDINGS TOTALING 57,661 SQUARE FEET; AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NOS. PP 17-129 AND TPM 37349 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of November 2017, hold a duly noticed public hearing to consider the request by Spinelli Homes, 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, a 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 this project is categorically exempt, under Class 32: In -fill Development Projects, of the CEQA. Because of the categorical exemption, no further environmental review is necessary; and WHEREAS, the proposed project conforms to the Subdivision Map Act; and WHEREAS, the project conforms with the Service Industrial (SI) zone since storage facilities are a permitted use; and WHEREAS, the project maintains a land use pattern that provides an attractive building design, and the use will provide storage options for the residents; and WHEREAS, the project meets the intent and purpose of the Employment District within the General Plan by providing a permitted use that 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. 2710 Findings of Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The density of 49 garage/storage units is consistent with the General Plan. The property allows for in -fill industrial developments and the proposed density is minor with 49 garage/storage units. Directly south, east, and west are properties with similar uses, site layout, and density are consistent with surrounding development. 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 project is part of a developed area where all street and utility improvements, circulation patterns, and drainage improvements have been constructed and meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The existing commercial site has been developed and in operation, and the new map for condominium purposes will allow the applicant to sell each garage unit separately. In addition, existing developments have successfully constructed industrial type of developments in the immediate vicinity. No obstacles to development of surrounding sites 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. 4. That the site is physically suitable for the proposed density of development. The property allows for in -fill industrial developments and the proposed density is minor with 49 garage/storage units. Directly south, east, and west are properties with similar uses, site layout, and density are consistent with surrounding development. 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, the project is categorically exempt, under Class 32: In -fill Development Projects. 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. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 2 PLANNING COMMISSION RESOLUTION NO. 2710 1 1 1 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 are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. 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 parcel map identifies the use of this area. Surrounding perimeter streets are built - out to the General Plan designation and the developer will complete minor improvements along the 2.8-acre parcel. 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 Precise Plan of design and Tentative Parcel Map 37349, as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 7th day of November 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: IYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION NANCY DDUNA, CHAIRPERSON 3 PLANNING COMMISSION RESOLUTION NO. 2710 CONDITIONS OF APPROVAL CASE NOS: PP 17-129 and TPM 37349 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 Parcel Map 37349 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 Precise Plan shall expire, if construction of said project shall not 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 to the application, which will result in a new public hearing. 5. 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. 6. 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. 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. 9. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 10. No person shall live or sleep overnight within any of the garage/storage units. 4 PLANNING COMMISSION RESOLUTION NO. 2710 1 1 1 DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Parcel Map and any permits: 11. The parcel map shall be submitted to the City Engineer for review and approval. 12. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 13. Right-of-way as may be necessary for the construction of required public improvements shall be provided on the parcel map as needed. 14. Access to Dinah Shore Drive shall be limited to the existing driveways. 15. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 16. 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. 17. The applicant shall submit the 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. Prior to City Council approval of Parcel Map 37349, 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-foot curb adjacent sidewalk on Dinah Shore Drive. 19. The applicant shall provide for an accessible path of travel from the sidewalk on Dinah Shore Drive to the on -site clubhouse. 20. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil plans must be reviewed for approval prior to work commencing. 21. The grading plan shall identify all proposed and existing utilities. 22. 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. 23. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 5 PLANNING COMMISSION RESOLUTION NO. 2710 BUILDING AND SAFETY DEPARTMENT: 24. 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. 25. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 26. 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 11 A & B (as applicable) and Chapter 10. 27. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B-206) 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 6 PLANNING COMMISSION RESOLUTION NO. 2710 1 1 1 FIRE DEPARTMENT: 33. 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. 34. 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. 35. 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.